Jefferson County, MO Article VI Workplace Policies

Section 120.290 Drug-Free Workplace.

[Ord. No. 11-0218 §§ 1 — 2, 6-18-2011; Ord. No. 18-0507, 12-10-2018]

A. Policy.

1. It is the goal of the County to create a drug-free atmosphere in the workplace. This policy applies to all activities and locations of the County and to all employees. This policy will be in addition to and supplement the policy previously adopted and applicable to employees of the Jefferson County Highway Division, but shall not repeal or in any way diminish the provisions of that policy.

2. This policy restricts specified substances and their related paraphernalia from being brought onto the County's premises and/or from being in an employee's possession while he/she is engaging in County business on or off the County's premises. In addition, this policy prohibits all individuals from reporting to work, coming into the workplace, remaining on the premises of Jefferson County, or otherwise engaging in County business while impaired by illegal drugs, under the influence of alcohol, or impaired by prescription medication.

3. Definitions. As used in this Article, the following terms shall have these prescribed meanings:

ALCOHOL or ALCOHOLIC BEVERAGE

Any liquid that has an alcoholic content in excess of one-half of one percent (1/2 of 1%) by volume, or which is commonly advertised and sold as an alcoholic beverage.

CONVICTION

A finding of guilt, including a plea of nolo contendere (no contest) or a suspended imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of Federal or State criminal drug statutes.

DRUG

Any substance (other than alcohol) capable of altering the mood, perception, pain level, or judgment of the individual consuming it.

ILLEGAL DRUG

Any drug or controlled substance, including, but not limited to, substances controlled or prohibited by Federal or State law, the sale or possession of which is illegal.

POSITIVE DRUG SCREEN

Positive identification of a drug or metabolite that has been confirmed with sophisticated scientific laboratory tests.

PRESCRIBED DRUG

Any substance prescribed for the individual consuming it by a licensed medical practitioner.

4. The following substances are covered by this policy:

a. Alcoholic beverages of any kind;

b. Controlled and/or illegal drugs or substances, which include all forms of narcotics, hallucinogens, depressants, stimulants, and other drugs whose use, possession, or transfer is restricted or prohibited by law; and

c. Drugs prescribed by a physician, dentist, or other person licensed by the State or Federal government to prescribe or dispense controlled substances and/or drugs not used in accordance with their instructions are subject to the restrictions of this policy.

5. Prohibited Conduct.

a. The following activities are prohibited while an employee is engaged in County business:

(1) The manufacture, possession, use, sale, distribution, dispensation, receipt, or transportation of any controlled substance or illegal drug while on or off the County's premises;

(2) Consuming alcoholic beverages brought into or on County premises; storing, transporting, carrying on one's person or consuming alcoholic beverages in County vehicles;

(3) Being under the influence of alcohol, illegal drugs or substances on County premises and whether or not consumed outside of or during working hours; this includes being impaired by lawfully prescribed drugs that have been abused; and

(4) Performing duties while under the influence of alcohol or controlled and/or illegal substances or drugs regardless of whether the employee is on or off the premises of the County.

b. An employee who engages in the prohibited conduct listed above is subject to disciplinary action, up to and including immediate termination. As a condition of continued employment an employee shall be required to participate in and successfully complete drug or alcohol abuse counseling or a rehabilitation program. Refusal to obtain evaluation and/or referral to a treatment program will result in the termination of employment.

6. An employee who becomes the subject of the following actions, although not occurring on County property, may be subject to disciplinary action up to and including immediate termination:

a. Conviction for criminal offenses related to the manufacture, possession, use, sale, distribution, dispensation, receipt or transportation of any controlled substances or illegal drugs; and

b. Any other actions involving alcohol, controlled and/or illegal drugs or lawfully prescribed drugs or substances that, in the opinion of the elected or appointed County Officer, endanger the County's reputation for honesty, integrity and safety.

7. An employee who is convicted of or who pleads guilty or nolo contendere to controlled-substances-related violations under State or Federal law must inform the County in writing within five (5) days of the conviction or plea. Failure to do so will result in disciplinary action up to and including termination. The elected or appointed County Officer of an employee convicted of a criminal offense shall take the following actions within thirty (30) calendar days of receiving notice of the conviction:

a. Take appropriate disciplinary action against the employee, up to and including termination; or

b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by the Federal, State, or local health, law enforcement, or other appropriate agency.

8. Preemployment Drug Screening. Applicants shall be required as a condition of employment with the County to submit to a post-offer, preemployment drug screen. The Director of Administration will indicate which job classes will be required to undergo a drug screen test prior to employment. The refusal of an applicant to sign a consent form authorizing the drug screen and the release of the results to the County will exclude the applicant from any further employment consideration. Any applicants whose test results are positive will also be excluded from further employment consideration. After one (1) full year, applicants would be eligible to apply for employment. If the applicant is requested to submit to a preemployment drug screen and the test results are positive, he/she will be denied consideration for employment. In obtaining satisfactory results from a drug screen, the presence of any prescription drug must be consistent with the prescribing physician's instructions and balanced against the County's compelling interest in the safe and efficient operation of County agencies.

9. Reasonable Suspicion Drug Screening. A current employee will be tested when there is reasonable suspicion that he/she is under the influence of an alcoholic beverage or a controlled substance. In the event that an employee's supervisor has a reasonable suspicion that an employee is under the influence of alcohol or drugs, he/she shall refer the employee for testing. The circumstances surrounding the referral shall be documented in specific behavioral terms. Refusal to take the drug or alcohol screen by the employee shall be considered a positive test, and the employee shall be disciplined in accordance with Subsection (A)(12) of this Section.

10. Post-Accident Drug Screening. Drug/alcohol tests for Jefferson County employees are required after every on-duty accident or an accident resulting in severe property damage or bodily injury. Drug and alcohol tests are required after every motor vehicle accident regardless of cause. Drug tests are required after every injury, and alcohol tests are required depending on the nature and severity of the injury. Refusal to take the drug or alcohol screen by the employee shall be considered a positive test, and the employee shall be disciplined in accordance with Subsection (A)(12) of this Section. Supervisors are required to ensure the provisions of this policy are followed, and must accompany employees for testing.

[Ord. No. 22-0184, 3-16-2022]

11. Unscheduled And Random Drug Screening.

a. County employees in positions where the consequences of drug and/or alcohol use would be damaging to public safety may be given unscheduled drug tests. This would occur in those classes where job responsibilities directly affect the safety of the public:

(1) Sheriff's deputies, jail officers, security officers;

(2) Positions requiring the operation of motor vehicles on public streets; and

(3) Positions requiring the operation of equipment or performance of job functions that are safety sensitive.

b. It may be determined that it is in the best interest of the County to require employees in preselected occupational groups to undergo drug and alcohol screens on a uniform or systematic random basis.

c. All drug and alcohol screens performed under this provision will have the prior approval of the Director of Administration.

12. Consequences Of Positive Drug/Alcohol Screen.

[Ord. No. 22-0184, 3-16-2022]

a. Any employee referred for testing by an elected or appointed County Officer who tests positive on the drug or alcohol screen will be immediately placed on suspension (if this action has not already been taken). A positive drug/alcohol screen is grounds for disciplinary action up to and including termination. If termination is not made, the employee must obtain an evaluation and, if necessary, obtain the necessary care and rehabilitation service.

b. Evaluation and rehabilitation are the responsibility of the employee. Any employee seeking medical help for alcoholism or drug addiction is entitled to use accumulated sick leave, vacation or compensatory time, and the medical benefits entitled him/her under his/her medical insurance plan. The County will not be responsible for payment of any charges in conjunction with evaluation or rehabilitation other than those covered under a medical insurance plan.

c. To be eligible for continuation of employment, regular reports must be submitted to the elected or appointed County Officer by the agency conducting the rehabilitation. Upon successful completion of treatment, the employee may be returned to active status without reprisal. The employee must submit to testing prior to returning to work and at unscheduled intervals thereafter for one (1) year following return to work. An employee may be required to submit to a maximum of four (4) unscheduled tests during the year. Refusal to take an unscheduled test is cause for immediate termination. A positive drug or alcohol screen during this time will also result in termination.

d. Any employee who rejects treatment or who leaves a treatment program prior to being properly discharged will be terminated.

e. Any prospective or current employee whose test results show a diluted sample shall be subject to an immediate retest.

13. Self-Referral For Drug And/Or Alcohol Treatment.

a. Any employee who has developed an addition to, dependence upon or a problem with alcohol or drugs is encouraged to voluntarily seek evaluation and counseling. No reprisal will be taken against any employee who chooses to correct a drug or alcohol problem by self-referral.

b. Self-referral to a treatment program does not protect an employee from a subsequent supervisory referral for a drug or alcohol screen when there is a reasonable suspicion that an employee is impaired or incapable of performing the essential functions of the job.

14. Confidentiality.

a. The results of all physical examinations, blood, and urine tests will be treated as confidential. Test results will be kept in confidential files with the Division of Human Resources with the results known only to the Human Resources Manager and the elected or appointed County Officer.

b. The possession of illegal drugs is a crime and must be reported to the Sheriff's Department.

B. Procedure.

1. Each employee will be provided a copy of this policy and acknowledgment at the time of hire. The new employee is to read the policy and sign the acknowledgment form before being permitted to work.

2. Whenever a drug/alcohol screening referral for reasonable suspicion is being considered by a supervisor, the referring supervisor should request that another supervisor, if reasonably available, come to the site to confirm the basis for the referral. Reasonable-cause screening will be based on firsthand knowledge of the facts surrounding the incident. The referring supervisor will document the specific reasons and factors surrounding the referral, including names of the employee and supervisor, time, date and location of the event.

3. A supervisor will arrange for transportation for the employee to the testing site. The employee shall not be allowed to drive a vehicle to the testing site.

4. The employee will be told that it is the written policy of the County that refusal to complete the drug/alcohol screen will result in dismissal.

5. Since the results of the drug and/or alcohol test will not be immediately available, and depending on the circumstances, reasonable actions to be taken may be to:

a. Remove the employee from duty and place him/her on suspension and authorize the medical staff to call the ambulance district within whose boundary the incident occurred to transport the employee to a medical facility;

b. Have the employee call a family member to transport the employee home; or

c. The person conveying the employee to the test site will transport the employee home.

d. Under no circumstances shall an employee be allowed to drive home if it is the opinion of a doctor that the employee is likely to be under the influence of drugs or alcohol.

6. If an employee refuses to be taken home and indicates that he/she intends to drive home personally, the most reasonable course of action would be to call the Police or Sheriff's office and report the situation.

7. The employee, if sent home, will not return to work until the results of the drug/alcohol screen are available.

8. Reporting Requirements.

a. Under the Drug Free Workplace Act of 1988,[1] any County agency that has a Federal contract of twenty-five thousand dollars ($25,000.00) or more, or that receives a Federal grant, must report to the issuing Federal agency the name of any employee convicted of a criminal drug offense that takes place in the workplace. The report must be made to the Federal agency issuing the contract or grant within ten (10) days of the employee's conviction. Contractors or grantees who fail to report these convictions may be subject to one (1) or more of the following actions:

(1) Suspension of payments under the grant;

(2) Suspension or termination of the grant; and

(3) Suspension or debarment of the grantee from grants for a maximum period of five (5) years.

[1] Editor's Note: See 41 U.S.C. § 81 et seq.

b. County agencies that have Federal contracts or grants should contact the issuing Federal agency about the reporting requirements under the Drug Free Workplace Act of 1988.

9. Questions regarding this policy should be referred to the Human Resources Manager.

Section 120.295 Sexual Harassment Policy.

[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. It is the policy of Jefferson County to provide a workplace environment free from sexual harassment.

1. Policy.

a. Jefferson County expressly prohibits any form of employee harassment based on race, religion, sex, national origin, age, disability or an individual's status in any class protected by Federal, State or local law. Improper interference with the ability of our employees to perform their expected job duties will not be tolerated. Specifically, with respect to sexual harassment, the County prohibits:

(1) Unwelcome sexual advances;

(2) Requests for sexual favors; and

(3) All other verbal or physical conduct of a sexual or other offensive nature where:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment;

(b) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; and/or

(c) Such conduct has the purpose or effect of unreasonably creating an intimidating, hostile or offensive working environment.

b. Other forms of harassment, such as, but not limited to, verbal, physical, or visual actions based on race, creed, disability, color, age, religion, national origin, gender, ancestry, political affiliation, political activity or lack thereof, and union membership or non-membership which has the effect of creating an intimidating, hostile, or offensive work environment is not acceptable behavior.

c. Jefferson County discourages elected or appointed County Officers from dating any subordinate. Such relationships can be disruptive to the work environment, create a conflict of interest or the appearance of a conflict of interest, and lead to charges of favoritism, discrimination, and claims of indirect sexual harassment.

2. Procedure.

a. If an employee experiences any job-related harassment or believes he/she has been treated in an unlawful discriminatory manner, he/she should promptly report the matter to his/her supervisor or the Human Resources Manager.

b. Upon receipt of a complaint, the Human Resources Manager will undertake an investigation ensuring confidentiality to the maximum extent possible. The Human Resources Manager will conduct its investigation under the direction of the County Executive, the County Counselor and the Director of Administration to protect the investigation file to the maximum extent possible under the attorney-client privilege.

c. The Human Resources Manager will ensure that statements of the complaint, alleged offender and all witnesses are documented thoroughly and that the investigation is conducted in a thorough, objective manner and is considerate of the rights and emotions of all of the parties involved.

d. The investigation should be private and confidential to the greatest extent possible. However, no employee is to be promised strict or absolute confidentiality.

e. At the conclusion of the investigation the Human Resources Manager, in conjunction with the County Executive, Director of Administration, and the County Counselor, and the elected official or director of the department in which the alleged offender is employed, will decide on an appropriate course of action with respect to the alleged offender, if the allegation has been directed toward any of the individuals mentioned in this Subsection, he/she will not be included in determining the course of action relating to the investigation. Disciplinary action up to and including termination will be imposed if the investigation reveals that an individual is guilty of harassment or discrimination.

f. Any form of retaliatory action against any employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation is expressly prohibited. If, after investigating any complaint of harassment or unlawful discrimination, the County determines that the complaint is not bona fide or that an employee has provided false information regarding the complaint, disciplinary action up to and including termination may be taken against the complainant or the individual falsifying information.

Section 120.300 Safety And Accident Reporting.

[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. Policy.

1. Jefferson County is committed to providing a healthy and safe working environment. To do so, the County will comply with all Federal and State occupational health and safety laws. County policy is aimed at preventing any employee or citizen from being subjected to unreasonable health or safety risks. Every employee of the County is expected to work toward the maintenance of a safe and healthful workplace, adhere to proper operating practices and procedures designed to prevent injury and illness, and conscientiously observe all safety regulations.

2. Safety is the responsibility of each employee. All employees are responsible for the proper care and use of safety equipment, for following all safety rules and procedures, and for performing the duties of their positions in a safe and careful manner. Employees will report all unsafe or potentially hazardous conditions to their supervisors.

3. The responsibilities of elected or appointed County Officers will be the following:

a. Maintaining safe working conditions and practices in the areas under their direction to help prevent accidents;

b. Establishing and maintaining good housekeeping practices;

c. Properly training all employees under their direction, including explaining safety procedures to new employees and identifying potential safety hazards to them;

d. Ensuring that required safety equipment is used in accordance with established practices;

e. Encouraging employee safety suggestions and affording them immediate consideration;

f. Conducting department safety meetings as often as necessary to effectuate safety practices and procedures;

g. Consistently enforcing County safety rules and regulations;

h. Ensuring that proper first aid is rendered in case of injury;

i. Reporting all accidents;

j. Investigating all accidents and near misses and making appropriate recommendations in an effort to eliminate safety hazards;

k. Following up with the County's representative responsible for the filing of workers' compensation reports to ensure information is timely and accurately reported in accordance with applicable State law;

l. Ensuring that seat belts are worn by the driver and all passengers in County vehicles at all times; and

m. Instructing employees that participating in any activity resulting in the driver of a County-owned vehicle to drive distracted is strictly prohibited. Failure to comply with this directive will result in disciplinary action up to and including termination of employment.

B. Procedure.

1. Immediately following an accident, after ensuring that an injured employee has received any necessary first aid, the elected or appointed County Officer will complete in detail the accident report form.

2. The elected or appointed County Officer will also immediately notify the County representative responsible for workers' compensation claims to ensure that the appropriate forms are filed timely and in accordance with applicable State law and the insurance carrier's requirements.

3. After completing the accident report form, the elected or appointed County Officer will review the circumstances surrounding the accident and take action to remove any hazards that may have contributed to the accident.

4. The elected or appointed County Officer will then follow up to ensure that any corrective action is implemented so that the hazard is eliminated.

Section 120.310 Business Conduct Guidelines; Conflicts Of Interest.

[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. Jefferson County has established business conduct guidelines to ensure that all County employees conform to the ethical and legal standards the County demands in order to preserve its integrity and reputation. These guidelines emphasize the County's goal of striving to attain the highest ethical standards when resolving potential or actual conflicts of interest.

B. Jefferson County ordinances, the Home Rule Charter of Jefferson County, Missouri, and State laws contain specific provisions concerning conflicts of interest. It is critical that all employees refrain from any action that might give the appearance of favoritism, coercion, unfair advantage, or collusion. Failure to adhere to these guidelines may result in disciplinary action up to and including termination. Any officer or employee who willfully conceals any such interest or violates any of the provisions of Article IX of the Home Rule Charter of Jefferson County, Missouri, shall forfeit his/her office.

C. Conflicts Of Interest. Every elected or appointed County Officer and employee of the County is prohibited from participating in any activity or association that creates or appears to create a conflict between the employee's personal interests and the County's business interests. In addition, an employee must not allow any situation or personal interests to interfere with the exercise of his/her independent judgment or with his/her ability to act in the best interests of the County.

D. Investments. Employees are prohibited from investing in any of Jefferson County's customers, suppliers, or competitors unless the securities are publicly traded and the investments are on the same terms available to the general public and not based on inside information. This prohibition applies to all forms of investments and to all employees, elected and appointed County Officers of the County and their immediate families. In general, Jefferson County employees should not have any financial interest in a customer, supplier, or competitor that could cause divided loyalty or even the appearance of divided loyalty.

E. Gifts And Favors.

1. No elected or appointed County Officer or employee may accept any service or thing of value, directly or indirectly, from any person, firm or corporation having business dealings with Jefferson County upon more favorable terms than those granted to the general public.

2. Individual departments of the County government may establish additional rules regarding potential conflicts of interest. State laws relating to conflict of interest apply to certain County employees and officers. (See Chapter 105, RSMo.) It is impermissible and may be unlawful to give, offer or promise anything of value for the purpose of influencing someone in connection with any County business or transaction. Similarly, it is impermissible and may be unlawful to solicit, demand, or accept anything of value with the intent of being influenced or rewarded in connection with any County business or transaction. Therefore, no employee may give or receive any gift that could reasonably be viewed as being given or received to gain a business advantage. Any contract made in violation of the provisions of Article IX of the Home Rule Charter of Jefferson County, Missouri, may be declared void by the County Executive or by resolution of the County Council.

F. Outside Employment. No employee may serve as an employee, director or officer of any supplier or corporation that does business with the County without the prior written approval of the Director of Administration. Any County employee who performs outside work has a special responsibility to avoid any conflict with Jefferson County's business interests. Outside work shall not be performed on County time.

G. Family Relationships. If any employee wishes to do business on behalf of the County with a member of his/her immediate family or other relative, or with a domestic partner, significant other or with a company of which a relative, domestic partner, or significant other is an officer, director or principal, he/she must first disclose the relationship and obtain the prior written approval of the Director of Administration.

H. Confidential Information. Employees have an ethical duty and legal obligation not to disclose confidential information gleaned from County business transactions and to protect confidential relationships between the County and its citizens. Employees are prohibited from using or disclosing confidential information in any manner for the purpose of advancing any private interest or personal gain for the employee, his/her spouse, children or any business with which he/she is associated, or any other person.

I. County Funds And Equipment. Employees are forbidden from using, directly or indirectly, County funds and assets for any unlawful purpose or to accomplish any unlawful goal. Use of County equipment, personnel, facilities or resources to promote any civic, social, business entity or interest without the expressed consent of the Director of Administration is prohibited. The County also prohibits the establishment or maintenance of undisclosed or unrecorded funds and assets. All reporting of information should be accurate and timely. County employees may not make any false or misleading entries in any books or records.

J. Jefferson County requires every employee to comply with these requirements. The responsibility for employee compliance rests with each employee and each elected or appointed County Officer.

Section 120.320 Conduct Outside Of Workplace.

[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. An employee's behavior during non-working hours is not a concern of the County unless it affects the employee's performance, the performance of coworkers, the health and safety of coworkers and those whom we serve, the safekeeping of County vehicles or other equipment issued to the employee or the public trust.

B. Employees are required to report incidents occurring off the job that may affect their eligibility for continued employment or continued assignment to their current duties. Employees are required to report all criminal indictments and convictions other than non-moving traffic violations. Employees who possess licenses, registrations and other credentials required for the performance of their duties must report any change in the status of these credentials.

C. Reports required under this provision must be made to the elected or appointed County Officer in writing on the first working day following the incident. Reports required under this provision must be sent to the Director of Administration by the supervisor receiving the employee's report.

D. The elected or appointed County Officer will consider the nature of the incident and the duties and responsibilities of the employee in determining whether any action is appropriate.

Section 120.325 Whistleblower Policy.

[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. Policy.

1. The purpose of the Jefferson County whistleblower policy is to establish procedures for the reporting by County employees of suspected or actual occurrence(s) of illegal, unethical or inappropriate events. This policy also maintains a zero tolerance for retaliation.

2. It is the responsibility of all elected officials, directors, employees and volunteers to comply with the policy and immediately report suspected and/or actual violations in accordance with the reporting procedures listed in this policy.

B. Procedure.

1. The whistleblower should promptly report the suspected or actual event to his/her supervisor, the Human Resources Manager, or the County Counselor. Elected officials, directors, supervisors and managers are required to report suspected violations to the Human Resources Manager who has specific and exclusive responsibility to investigate all reported violations. At any time, if employees are uncomfortable following the reporting guidelines, the employees should contact the Human Resources Manager directly.

2. The Human Resources Manager is responsible for investigating and resolving all reporting complaints and allegations and shall keep the County Executive informed of the investigation and the findings.

3. Jefferson County has taken a zero tolerance approach to retaliation. No employee who in good faith reports a violation shall suffer harassment, retaliation or an adverse employment consequence for making a report. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination.

4. Any employee filing a complaint must be acting in good faith and have reasonable grounds or firsthand knowledge for reporting the violation. Any allegations, however, that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false may result in discipline up to and including termination.

5. A whistleblower's complaint will remain as confidential as possible to complete the investigation. The Human Resources Manager will conduct his/her investigation under the direction of the County Executive, the Director of Administration and the County Counselor to protect the investigation file to the maximum extent possible under the attorney-client privilege.

6. All reports will be promptly investigated, and appropriate corrective action will be taken as determined by the County Executive, Director of Administration and the County Counselor. If a complaint is directed at the Human Resources Manager, the complainant should report the information to the Director of Administration. The complainant will be informed within one (1) week that follow-up has occurred or is in progress.

Section 120.330 Solicitation And Distribution Of Literature.

[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 County prohibits employees from soliciting financial contributions, selling merchandise, or any other solicitation during an employee's work time. This includes the working time of the employee doing the soliciting or being solicited.

B. The County prohibits employees from distributing non-work-related literature, printed material or material of any kind in working areas at any time. Distributing literature or material in non-working areas when the employee or intended recipient is working is also prohibited.

C. This policy also covers the County's telephonic equipment. No employee is permitted to use the County's e-mail, the Internet, voice mail, telephones, computers or other related equipment for the purpose of soliciting others or for preparing, duplicating or distributing non-work-related literature to other employees or non-employees.

D. Non-employees are prohibited from soliciting employees on the County premises at any time.

Section 120.340 Workplace Searches.

[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. Policy.

1. In order to safeguard the property of employees, citizens, and the County, to help prevent the exposure to potential violence to employees and citizens, the County reserves the right to question employees and all other individuals entering and leaving County work sites. The County also reserves the right to inspect any packages, parcels, purses, handbags, briefcases, lunch boxes and any other possessions or articles carried to and from the County's property.

2. The County reserves the right to search any employee's office, desk, files, locker or any other area or article on County premises. All offices, desks, files, lockers, etc., are the property of Jefferson County and are issued for the use of employees only during their employment. Inspections may be conducted at any time at the discretion of the County.

3. The County has posted notices throughout its facilities informing all employees, prospective employees, citizens, visitors and all other individuals of the County's policy and right to question individuals and conduct inspections.

4. Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this policy will not be permitted to enter the premises. Employees working on or entering or leaving the premises who refuse to cooperate in an inspection, as well as employees who after the inspection are believed to be in possession of stolen property, illegal drugs, or concealed weapons, will be subject to disciplinary action up to and including termination if, upon investigation, they are found to be in violation of Jefferson County's security procedures or any other County rules or regulations.

B. Procedure.

1. Whenever a property search is deemed necessary, as approved and directed by the Director of Administration, appropriate County personnel will conduct the search.

2. To avoid any implication that the employee or other individual being questioned or searched is guilty of committing any improper act, the questioning and/or search of any employees and other persons will be conducted in private offices or rooms where possible.

3. All questioning and searches will be conducted by two (2) authorized employees of the County to ensure that a witness is always present during the questioning/search.

4. Individuals should never be questioned and/or searched in a manner that leads them to believe that they are being detained against their will. Any employee or other individual being questioned and/or searched will be permitted to leave the area where the questioning/search is being conducted if they so desire. If an individual refuses to submit to questioning and/or search, the County, in determining the type of action that is appropriate, will take this into consideration.

5. When illegal drugs, contraband, property, or other items that are the subject of the search are discovered, the Sheriff's Department will be contacted immediately.

6. After the Sheriff's Department investigation is completed, a security report will be prepared and reviewed by the Director of Administration, County Counselor and/or other appropriate management representatives. After review, appropriate action will be taken (if any) against the employee(s) or other person(s) subject to the investigation and appropriate Law Enforcement Officials will be notified, if necessary. The Director of Administration will inform the County Executive and members of the County Council regarding action taken on behalf of the County.

Section 120.350 Workplace Violence.

[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. Policy.

1. Jefferson County will not condone any acts or threats of violence or abuse against its employees, customers, or visitors by any individual on the County's premises at any time or while the individual is engaged in business with or on behalf of the County, on or off the County's premises. Jefferson County expressly prohibits any acts or threats of violence or abuse by any employee or former employee against any other employee in or about its facilities or elsewhere at any time.

2. The County is committed to the following:

a. Providing a safe and healthful work environment;

b. Taking prompt remedial action up to and including termination against any employee who engages in any threatening behavior, acts of violence, or who uses any obscene, abusive, or threatening language or gestures;

c. Taking appropriate action when dealing with citizens, former employees, or visitors to the County's facilities who engage in prohibited behavior. Action may include notifying Law Enforcement Personnel and prosecuting violators of this policy to the maximum extent of the law;

d. Prohibiting employees, former, employees, citizens and visitors, other than commissioned Law Enforcement Officers, from bringing firearms or other weapons onto the County's property; and

e. Establishing measures for properly dealing with access to County facilities by the public, off-duty employees, and former employees to ensure that the County's facilities are safe and secure to the maximum extent possible.

3. Any employee who displays a tendency or propensity to violent, abusive, or threatening behavior or who otherwise engages in behavior that the County deems offensive or inappropriate will be referred to the Employee Assistance Program (EAP) for counseling or other appropriate treatment. Those employees also will be subject to disciplinary action up to and including termination.

4. An employee who has experienced, witnessed or has knowledge of any prohibited behavior has a duty to warn his/her elected or appointed County Officer, security personnel, or the Human Resources Manager of any suspicious workplace activity, situations, or incidents that he/she observes or has knowledge of that appear problematic. This would include threats or acts of violence, aggressive behavior, offensive acts, and threatening or offensive comments or remarks. Employee reports will be held in confidence to the maximum extent possible. The County will not condone any form of retaliation against any employee for making a report in good faith under this policy.

B. Procedure.

1. In-person confrontational threats while at work will be dealt with by the elected or appointed County Officer and the Director of Administration through an immediate meeting with the individual(s) involved. Actions may include written warnings, suspensions, or terminations depending on the seriousness of the threats. If employees are suspended or terminated, Security must be notified, County property retrieved, and the individual escorted out of the building. Use of the Sheriff's Department may be considered, if appropriate.

2. Physical hostile actions are those that may be considered endangering or life-threatening. Any physical hostile actions made by or against an employee or any individual on County property or off premises where an employee is working off site should be responded to by contacting the Director of Administration. Physical hostile actions or threats made by an employee require immediate suspension or termination. Law enforcement may also be required.

3. Crisis assessment is a response to serious actions or threats against individual(s) or the County. In the event of such actions or threats, a crisis assessment team will be convened comprised of a representative from the County's Department of Emergency Services, Sheriff's Department, County Counselor, Director of Administration and the elected or appointed County Officer of any employee involved.

4. In the event that threats are made against individual(s) and/or the County, regardless of how transmitted (written, verbal, electronically), a crisis assessment will take place. Factors to consider will include the nature of the threat, the need for immediate action, the circumstances preceding the threat, the assurance that the individual(s) will not be able to enter the facility, notification of Law Enforcement Authorities and possible legal action.

5. Any material relevant to any incident and a complete log of events will be maintained by the Division of Human Resources.

Section 120.360 Internet Usage Policy.

[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. Purpose.

1. It is the purpose of this policy to protect Jefferson County government ("County") data and assets from unauthorized distribution, ensure the safety of County records, and define the responsibilities and restrictions for employees and others who may use County-owned equipment, data or facilities, while supporting the needs of County citizens, employees, and other customers of its services.

2. The County is committed to maintaining an environment that promotes ethical and responsible conduct in all its electronic network (on-premises and cloud-based) activities by its staff and affiliate agencies, including, but not limited to, computer information systems, Internet and e-mail.

B. Policy.

1. This policy applies to all County employees, contractors, and vendors while connected to the County network with County-owned or privately owned equipment. It extends to all communications, including, but not limited to, Internet, e-mail, instant messaging, file transfer and file sharing on the premises or acting as a representative of the County.

2. Internet and e-mail access are not a right of employment, but are a tool to be utilized to complete assigned tasks. Internet connections are intended for business purposes during normal/assigned work hours. Minimal personal use of the County's Internet resources is permitted, but such personal access will comply with restrictions included in this policy as well as departmental guidelines established regarding personal use of the Internet. Excessive use, as determined by the elected or appointed County Officer, will not be tolerated and may be subject to disciplinary action up to and including termination of employment.

3. Only individuals authorized by the requesting elected or appointed County Officer may have access to information technology resources, Internet access and/or e-mail.

4. Only authorized Internet connections may be used while attached to the County Internet resources.

5. An employee's assigned computer/Internet ID and password are not to be shared with anyone. It is the responsibility of every person who is assigned a user ID to ensure confidentiality of such ID and associated password.

6. Knowingly attempting to circumvent or incapacitate security measures that filter or monitor usage is strictly prohibited and may result in disciplinary action up to and including termination of employment.

7. Within this general policy, the County recognizes its legal and ethical obligation to protect the computer resources, data and services in its charge. The County retains the following rights and recognizes the following obligations:

a. To log network use and to monitor resource utilization by its users, and assume no responsibility for files deleted due to violation of this policy.

b. To remove a user account from the network.

c. To monitor the use of electronic activities. This may include real-time monitoring of network activity and/or maintaining a log of Internet activity for later review.

d. To provide internal and external controls as appropriate and feasible. Such controls shall include the right to determine who will have access to County-owned equipment and, specifically, to exclude those who do not abide by the County's acceptable use policy or other policies governing the use of technology, equipment and materials. The County reserves the right to restrict online destinations through software or other means.

e. To provide guidelines and make reasonable efforts to train County staff and affiliated agencies in acceptable use and policies governing technology.

C. Procedure.

1. Acceptable Use.

a. All use of computer information systems must be in support of, and consistent with, the mission and objectives of the County.

b. Proper codes of conduct in electronic communication must be used.

c. Network accounts are to be used only by the authorized owner of the account for the authorized purpose.

d. All communications and information accessible via the County network should be assumed to be the property of the County.

e. From time to time, the County will make determinations on whether specific uses of the network are consistent with the acceptable use practice.

2. Unacceptable/Prohibited Use. Access to County computer information resources is restricted to only employees of Jefferson County government and its affiliated agencies. Unless specifically preauthorized by the Director of Administration and/or Director of Information Technology, all other access is strictly prohibited. It is not acceptable to use the Internet to interfere with or disrupt other network uses, services or equipment. Examples of such interference or disruption are listed below. However, this is not intended to be an all-inclusive listing. Any infractions of these unacceptable or prohibited usage guidelines will not be tolerated and may result in disciplinary action up to, and including, termination of employment:

a. Connecting personally owned devices such as, but not limited to, printers, web cameras, projectors, wireless networking access points, Bluetooth^® networking and similar devices, and personal storage devices is prohibited unless specifically approved by the Jefferson County Director of Administration and/or Director of Information Technology.

b. Connecting wired or wireless devices designed to take control, disrupt, disable, or capture data, of any County information technology devices, services or transmissions.

c. Using personal cloud services such as, but not limited to, Microsoft Azure, Amazon Web Services (AWS), Google Drive Cloud Platform, OneDrive, Dropbox, etc., to transfer, store and/or share data obtained from the County information systems.

d. Operating a personal business through the County Internet or use computer information services for personal gains.

e. Excessive use of the network for personal, non-County business.

f. Any act that may require excessive bandwidth usage or cause Internet service downtime; for example, audio (MP3, iPod^®, Internet radio, etc.) and video files or programs should not be downloaded or streamed from the Internet, unless they are for specific County-business-related purposes.

g. Any use of the network for personal product advertisement or political lobbying.

h. Posting items on the Internet that do not reflect the policies of the County.

i. Users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users, or misrepresent other users on the network.

j. Malicious use of the network to develop programs that harass other users or infiltrate a computer or computing system and/or damage the software components of a computer system.

k. Distributing unsolicited advertising, junk mail or chain letters.

l. Hate mail, harassment, discriminatory remarks, and other antisocial behaviors using the network.

m. The unauthorized installation of any software, including shareware and freeware, for use on County computers, unless preapproved by the Information Technology Department.

n. Use of the network to access or process pornographic, violent, or offensive material (as determined by the Director of Administration, Director of Information Technology and/or the Human Resources Manager.

o. Accessing files known to be dangerous to the integrity of the network.

p. Downloading entertainment software or other files not related to the mission and objectives of the County for transfer to a user's home computer, personal computer, or other media. This prohibition pertains to freeware, shareware, copyrighted commercial and non-commercial software, and all other forms of software files not directly related to the mission and objectives of the County.

q. Downloading, copying, or otherwise duplicating and/or distributing copyrighted materials without the specific written permission of the copyright owner.

r. Use of the network for any unlawful purpose.

s. Use of profanity, obscenity, discriminatory or any other language that may be offensive (as determined by the Director of Administration, Director of Information Technology and/or the Human Resources Manager).

t. Playing games, unless specifically authorized for staff training purposes.

3. Computer and network system Administrators have access to all e-mail and may monitor messages at the direction of the Jefferson County Director of Information Technology, the Director of Administration and/or the Human Resources Manager. Messages relating to, or in support of, illegal activities will be reported to the appropriate authorities. The County reserves the right to monitor Internet connections to determine access levels and appropriate use connections. Extensive logging is performed by the proxy server as well as the main Internet firewall.

4. The County reserves the right to modify its policies and rules at any time.

Section 120.370 E-Mail And Other Telephonic Communications.

[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. Policy.

1. All electronic and telephonic communication systems, including cell phones, and all communications and information transmitted by, received from, or stored in these systems are the property of Jefferson County and are to be used for job-related purposes. Messages received by employees via these systems should only be disclosed to and discussed with individuals who have a need to know the information. The County does not condone the use of any software and business equipment, including, but not limited to, facsimiles telecopiers, computers, copy machines and cell phones for private purposes. It is the responsibility of each elected official and department director to ensure that use of County equipment is not detrimental to the operation or mission of County government.

2. Employees using this equipment for personal purposes do so at their own risk, Employees should have no expectation of privacy in connection with the use of this equipment or with the transmission, use, or storage of information in this equipment, including e-mail or voice-mail messages.

3. Employees may not use this equipment in a way that is disruptive or offensive to others. Disciplinary action up to and including termination will be taken for the use of this equipment to:

a. Make discriminatory or harassing statements, vulgarities, obscenities, or disparaging comments; or

b. View or download any sexually explicit or pornographic information from the Internet.

4. These systems may not be used to solicit or communicate with others regarding commercial, political, or other causes or for any other solicitations.

5. Employees are not permitted to use a password, access a file or retrieve any stored communication unless authorized to do so or unless they have received prior clearance from an authorized elected or appointed County Officer.

6. Authorization must be received from the information technology (IT) provider for all software, screensavers or peripheral equipment for use on County equipment.

B. Procedure.

1. The information technology provider will issue employees who are assigned a computer their initial user password. All user passwords are the property of Jefferson County. No employee may use a password that has not been issued to that employee or that is unknown to the County. To enable supervisors to access data as required in the ordinary course of business, each employee will advise his/her supervisor of all passwords.

2. To ensure that the use of electronic and telephonic communications systems (including, but not limited to, the Internet and similar network access) and business equipment is consistent with the County's legitimate business interests, authorized County representatives may monitor the use of the systems/equipment which could include printing and reading all e-mail entering, leaving or stored in these systems or retrieving voice-mail messages, etc.

3. As a condition of employment, newly hired employees are required to sign the e-mail and telephonic communications employee acknowledgement form on acceptance of an employment offer by Jefferson County.

4. Failure to comply with reasonable standards and practices regarding the use of these types of equipment may be regarded as misuse of County property and may be subject to discipline up to and including termination.

Section 120.380 Media Policy.

[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 Director of Administration, under the direction of the County Executive, serves as the official spokesperson for the County regarding issues that are of a controversial or sensitive nature.

B. Depending on specific circumstances, the County Executive may designate another person to serve as spokesperson on a particular issue.

C. All press/media releases that are to be sent by an appointed County Officer or authorized County employee shall be routed to the Director of Administration or his/her designee for approval prior to being released to the public.

D. Employees may not respond to media requests for general information without prior approval of the Director of Administration unless the issue is part of the public record and pertains to the employee's area of job expertise with the County.

E. Any media inquiry regarding information concerning a specific County employee shall be directed to the Director of Administration.

F. All media inquiries regarding legal issues shall be referred to the Director of Administration and the County Counselor.

G. The Director of Administration, under the direction of the County Executive, shall be responsible for the development and dissemination of public information in the event of a County emergency.

Section 120.390 Appropriate Conduct.

[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. To ensure the efficient operation of the Jefferson County government, policies and procedures have been established for the common guidance of all employees. Any action, activity, or behavior whatsoever that tends to destroy good relations between the County and its employees or between the County and any of its suppliers or citizens, that affects the safety, security, and well-being of its employees, citizens, or suppliers, that affects the performance of any employee or that is illegal is prohibited by the County.

B. Because it is impossible to list guidelines to cover every situation, the absence of examples will not be a basis for avoiding disciplinary action when the County believes such action is warranted. Breaches of these policies and procedures or any other guidelines, rules, regulations, or practices will result in disciplinary action up to and including termination.

C. The County fully supports equal employment opportunity and is against all forms of illegal discrimination and harassment in the workplace. Any employee who acts in a manner contrary to this policy will be subject to disciplinary action up to and including termination.

Section 120.400 Life-Threatening Illnesses.

[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. Policy.

1. Jefferson County recognizes that an employee with a life-threatening illness may wish to continue his/her employment and that continued employment may be therapeutically important to his/her recovery process. The County also recognizes that it must satisfy its legal obligation to provide a safe work environment for all employees, citizens and the community in general.

2. An employee who has a life-threatening illness will be permitted to continue to work as long as he/she is able to perform the essential functions of his/her position with or without reasonable accommodation, the medical evidence indicates that the illness cannot be transmitted by casual workplace contact, and the employee does not present a direct threat to the safety and well-being of others.

3. In determining an employee's ability to continue employment, the County will consider making reasonable accommodations for the employee's condition, consistent with applicable Federal, State and local laws.

4. The County will take all reasonable precautions, to the extent possible, to ensure that information about any employee's condition remains confidential.

B. Procedure.

1. An employee who has a life-threatening illness is encouraged to contact the Human Resources Manager.

2. The Division of Human Resources, in conjunction with the County's employee assistance program provider, will provide the employee with information about the illness and about programs that are available to assist the employee and his/her family.

3. The Division of Human Resources will also explore the types of reasonable accommodations that may be recommended for the employee, consistent with the business needs of the employee's department, established County policy and applicable Federal, State and local laws.

Section 120.410 Licensing For Operation Of County Vehicles Or Equipment.

[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. An employee must possess, at a minimum, a valid Missouri operator's license in order to operate County vehicles. Federal law and the specific requirements of a position may increase the requirements and require additional licensing.

B. Any employee authorized to operate a County-owned vehicle as part of his/her employment shall advise his/her immediate supervisor of any condition or offense that may prohibit the individual from maintaining his/her operator's license issued by the Missouri Department of Revenue. When notified of such a condition, the elected or appointed County Officer shall inform the Director of Administration. Employees who fail to comply with this policy may be subject to disciplinary action up to and including termination.

C. No employee will have more than one (1) driver's license.

D. Employees may be assigned a County-owned vehicle for transportation. It is the responsibility of each employee who has the use of a County-owned vehicle to use proper care and maintenance and to follow all of the provisions set forth in the Jefferson County Fleet Policy.

E. The use of a County-owned vehicle is not allowed for personal purposes other than when commuting or de minimis personal use, such as a stop for a personal errand on the way between a work location and the employee's home. The use of a County vehicle for commuting must have prior approval of the Director of Administration. The employee shall record the use of a County vehicle for commuting and report this usage monthly with his/her payroll timesheet.

F. Use of tobacco in any form in a County-owned vehicle is prohibited. All vehicles and fleet services facilities are designated as "non-smoking areas."

G. Passengers are not permitted in County-owned vehicles unless they fall under the following classifications; commissioned officers, prisoners, employees on official County business, or members of the public who have business with the County and a supervisor has approved.

H. County-owned vehicles authorized for commuting must only be used to attend meetings on County business, court appearances, County-related training courses, to have maintenance or repair performed and for reasons approved by the immediate supervisor.

I. All persons riding in or driving County-owned vehicles shall use all safety restraints available to them at all times.

J. Any activity of the driver that causes him/her to drive distracted is strictly prohibited.

K. Each County-owned vehicle is issued a fuel card and the employee is issued a PIN number. The vehicle fuel card is to remain in the designated vehicle. No vehicle fuel card shall be used to purchase fuel for anything other than the designated vehicle.

L. Auxiliary fuel cans shall not be filled and carried in County vehicles unless authorized by the fleet manager. Fuel in auxiliary containers shall not be purchased with vehicle cards. No other items may be purchased on fuel cards.

M. A violation of this policy constitutes misconduct on the part of the employee, and appropriate disciplinary action may be taken up to and including termination, without prior warning or notice.

Section 120.420 Travel And Business Expenses.

[Ord. No. 11-0218 §§ 1 — 2, 6-28-2011; Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018; Ord. No. 23-0484, 11-27-2023]

A. Policy.

1. When approved by the elected or appointed County Officer, an employee will be reimbursed for travel and other expenses pertinent to the conduct of County business. This will include expenses incurred for transportation to and attendance at meetings, conferences, seminars and institutes, and shall include registration fees, lodging, business telephone calls, parking, etc.

2. Use Of Personal Vehicles.

a. Mileage for use of a personal vehicle in conjunction with official County business is a reimbursable expense. Mileage, destination and date of trip must be recorded and submitted to be reimbursed for mileage expense.

b. Employees who use a personal vehicle routinely in the daily performance of official County business must carry a minimum of one hundred thousand dollars ($100,000.00) liability insurance and furnish the County, upon every renewal, a copy of the declaration page of their insurance policy showing the coverage and naming the County as an additional insured.

3. Use of County vehicles, when available, is required for County business. Arrangements for use of County vehicles are to be made with the Manager of Fleet Services. Unauthorized passengers are not allowed in County vehicles.

4. For all lodging purchased within the State of Missouri, tax will not be a reimbursable expense. A tax-exempt letter is available from the Department of Administrative Services to avoid being charged tax on these purchases. The County will reimburse employees for taxes paid on meals and lodging out of State.

5. A purchase order is necessary for items to be purchased and paid for out of County funds. Employees will make every effort to limit expenses to be reimbursed by the County.

6. All travel expenses will be itemized and approved, in writing, by the elected or appointed County Officer prior to authorizing the release of County funds. Failure to do so will result in employee liability for unauthorized expenses.

B. Procedure.

1. Travel expenses are generally paid in one (1) of two (2) ways. The preferred method of payment is made directly to the vendor (i.e., for registration, lodging, etc.). Expenses may also be reimbursed to the employee upon filing a claim for reimbursement.

2. When approved by the elected or appointed County Officer, an employee will be reimbursed for travel and other authorized expenses pertinent to the conduct of County business. Department directors must have their travel reimbursement approved by the Director of Administration. Employees should always exercise restraint and keep the best interest of the County taxpayers in mind when incurring travel expenses to be paid by the County.

3. When a County credit card is used to reserve a hotel room, the employee making the reservation must have the hotel charge authorization form sent electronically, or by fax, to be completed by the County purchasing agent. The following rules apply when using a County credit card for travel on County business:

a. The purchasing agent will authorize the charges that are permitted to be placed on the County credit card.

b. To ensure that the reservation is made for the correct date, the hotel confirmation statement must be submitted when returning the credit card to the Department of Administrative Services.

c. Hotel charges must be submitted when the credit card is returned to the Department of Administrative Services.

d. If the card was used to reserve the room, the same card must be used to pay for the room.

4. For all lodging purchased within the State of Missouri, State sales tax will not be a reimbursable expense. In order to avoid being charged State sales tax on these purchases, a tax-exempt letter is available from the Department of Administrative Services.

5. Abuse of the County credit card use policy, including falsifying expense reports to reflect costs not incurred by the employee or making unauthorized purchases, can be grounds for disciplinary action up to and including termination.

6. Reimbursement is authorized for overnight travel or when the employee is in travel status for twelve (12) hours or more with no overnight lodging.

7. The daily reimbursement for individual meals is as follows: seven dollars ($7.00) for breakfast, twelve dollars ($12.00) for lunch and twenty-one dollars ($21.00) for dinner. A gratuity, not to exceed eighteen percent (18%) may be added in addition to the total cost of the meal.

8. Employees are allowed to spend the total of the breakfast, lunch, and dinner dollar amounts listed in the charts above in one (1) calendar day (12:00 A.M. to 11:59 P.M.).

9. Alcohol, tobacco, vaping products, and other similar items are prohibited from being purchased using County credit cards. In addition, under no circumstances shall the employee be reimbursed for such items.

10. An itemized receipt listing each item purchased and the total dollar amount shall be kept and turned in after each training or educational opportunity has concluded.

11. When attending a meeting or conference, the employee may claim the applicable meal reimbursement for those meal times when documented that no meal was provided. A copy of the event registration form, the event program or other form of verification is necessary for documentation.

12. Meals ordered by hotel room service will be reimbursed at the individual meal rate. Hotel restaurant meals charged to a hotel room must be accompanied by an itemized receipt when a credit card is used or when the employee is seeking reimbursement.

13. Charges for services such as personal telephone calls, movies, fitness center use, etc., placed on a credit card, are the responsibility of the employee. Payment for these services must be made to the County at the time the credit card is returned.

14. The County is not responsible for any expenses incurred by a family member or friend or other guest who accompanies an employee on business travel. The family member, friend or other guest shall not be a passenger in any County-owned vehicle used on a business trip.

15. Gasoline charged to a credit card will only be reimbursed if the employee has not been issued a County gasoline credit card. Gasoline that is charged to a County credit card is only to be used for County vehicles.

16. If a County vehicle is made available for the employee to use for business travel, and the employee chooses to use his/her personal vehicle, the employee may be reimbursed forty cents ($0.40) per mile, utilizing Hillsboro Missouri as home base. No reimbursement for gasoline will be made to the employee. A travel reimbursement form must be submitted to be reimbursed for mileage expense.

17. If, after confirming that a County-owned vehicle is not available from Fleet Services, and an employee is required to use his/her personal vehicle in conjunction with official County business, the employee may be reimbursed fifty cents ($0.50) per mile, utilizing Hillsboro Missouri as home base. No reimbursement for gasoline will be made to the employee. A travel reimbursement form must be submitted to be reimbursed for mileage expense.

Section 120.430 County Property.

[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. Any employee separating from employment with the County for any reason shall, prior to separation, return all County property, keys and equipment issued to him/her.

B. Failure to return County-owned property and equipment by date of separation, or failure to return property and equipment in acceptable condition, may result in the withholding of compensation or benefits due the employee until such time as the property is returned or agreement as to the form of restitution for the damaged equipment is agreed upon.

C. The elected or appointed County Officer will maintain an inventory checklist to document items issued to each employee (uniforms, keys, equipment, etc.).

Section 120.435 Fraud, Theft, Stealing And Asset Management Of County Property.

[Ord. No. 13-0364 § 1, 9-9-2013; Ord. No. 18-0507, 12-10-2018]

A. 

Definitions.

FRAUD or FRAUDULENT

Is defined as an intentional deception designed to obtain a benefit or advantage or to cause denial of some benefit that is lawfully due. Examples of fraud, theft and mismanagement include (not inclusive):

1. Forgery or alteration of a check, bank draft, or any other financial document;

2. Theft of a check or other diversion of a payment made to the County;

3. Improper or dishonest handling of funds, supplies, or other assets;

4. Improper handling or reporting of financial transactions;

5. Profiteering as a result of insider knowledge of County operations; and

6. Selling or using confidential County information in the conduct of an outside business activity.

THEFT (STEALING)

Is defined as the act of taking something from someone unlawfully. An example of theft or stealing is taking equipment, parts or supplies belonging to the County and keeping, using or selling the items for personal use. The unauthorized removal of any County property without permission or authority shall be deemed to be considered a theft and stealing from the County. Any item that is placed in trash or recycling bins, or which are to be disposed of in some manner, are still considered property of the County and shall not be removed by an official, employee and/or volunteer without permission.

B. Policy.

1. It shall be the policy of Jefferson County, Missouri, to protect and safeguard the money and assets placed in its trust by the public to the best of its ability. This responsibility extends to each and every official, employee and/or volunteer of Jefferson County, Missouri. The County has a zero tolerance for fraud, theft, stealing, excessive waste, gross mismanagement of County assets and the unauthorized removal of County property from any premises or vehicle owned, leased or in any fashion used by the County whatsoever. Any individual that is found to have engaged in fraudulent activity, as defined by this policy, is subject to disciplinary action by the County, including immediate dismissal and prosecution by appropriate law enforcement authorities. Any employee who is found to have knowledge of the same and who failed to report the activity or activities as defined herein shall also be subject to the same discipline as described herein.

2. Fraud and theft include forgery, misappropriation of funds, gross mismanagement of County assets, destroying, removing, or using for personal gain records, furniture, fixtures or equipment, and accepting anything of value from a vendor or a contractor who provides services or materials to the County and any unauthorized removal of County property whatsoever.

C. Procedures.

1. Each employee and/or volunteer is required to report any known or suspected fraud, mismanagement or theft to the employee's and/or volunteer's supervisor or to the Director of Administration. If reported to a supervisor, it shall be the duty of the supervisor to then report to the Director of Administration. Failure by a supervisor to report the incident to the Director of Administration may result in disciplinary action up to and including termination.

2. Any employee reporting any known or suspected fraud, mismanagement or theft will be covered by Article VI, Workplace Policies, Whistleblower Policy, of the Personnel Administration Program. However, failure by any employee to report any known or suspected fraud, mismanagement or theft may result in disciplinary action up to and including termination.

Section 120.440 Emergency Closings.

[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. Policy.

1. The County Council, or its designee, has the authority to close the County facilities for all or any part of a day due to inclement weather, a man-made or natural disaster, or any condition making an office unsafe or which impedes the ability of the office to conduct business. The County Council reserves the right and authority to change the designee by resolution.

2. When an emergency condition exists, a determination will be made as to whether or not a cancellation or rescheduling of employee work schedules is necessary. The Director of Administration will make arrangements with local radio and television stations to announce a change in the hours of operation of County offices or facility closings.

3. Inclement weather schedules must be prepared by the elected or appointed County Officer or his/her designee and approved by the Director of Administration annually. The inclement weather schedules shall designate those employees who perform services that must be maintained during an emergency and, as a result, these employees are expected to work as scheduled and are not subject to provisions established for the closure of County facilities.

B. Procedure.

1. If the County Council, or its designee, in consultation with the Director of Public Works determines that it is necessary to close the County facilities for all or part of a day due to inclement weather, a man-made or natural disaster or any condition making an office unsafe or which impedes the ability of the office to conduct business, it may be so ordered. If the County Executive is designated as the officer with this authority and County facilities are closed for all or any part of the day, the County Council shall be immediately notified of the decision.

2. County facilities may be closed in the following ways:

a. When Facility Is Closed Before Workday Is Scheduled To Begin. Exempt and non-exempt regular employees will be paid for their regularly scheduled shift. In the event the employee is required to work additional hours during the same workweek, the emergency day will not be counted toward the payment of overtime hours.

b. When Facility Remains Open And Employees Fail To Report For Work. Non-exempt employees failing to report to work when the facility remains open will not be paid for the day. With the approval of the elected official, department director, or division manager the employee may charge the lost time to annual leave, if annual leave is available. Employees will not be permitted to charge the time off to sick leave unless they phone in sick in accordance with established County procedure and submit a physician's certificate attesting to the illness.

c. When Facility Closes After Regular Workday Has Begun. Non-exempt employees who report to work but leave prior to the time the facility is officially closed will be paid up to the time they leave the facility. Non-exempt employees who report to work and remain at work until the facility is officially closed will be paid for the entire workday. Exempt employees will be paid their normal salary for the day.

d. When Facility Opens Later Than Regularly Scheduled. Non-exempt employees who report to work, but after the time the facility is officially open, will be paid for their time actually worked and will need to supplement their pay with vacation or compensatory time, if available, from the time the facility opened until the time they reported to work. Non-exempt employees who report to work at the time the facility opens and remain at work until the facility is officially closed will be paid for the entire work day. Exempt employees who report to work will be paid their normal salary for that day.

3. In the event an emergency causes an entire facility, or any part thereof, to be closed for two (2) or more days, or in the event of unusual circumstances, pay allowance provisions for all employees will be determined by the County Council.

Section 120.450 Attendance; Absenteeism; Tardiness.

[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. Definitions.

ABSENTEEISM

Is defined as missing work and not following the appropriate departmental procedures established by the elected or appointed County Officer. Excessive absenteeism is subject to disciplinary action as outlined in Section 120.630, Disciplinary Action, of the Jefferson County Merit System.

ATTENDANCE

The expectation of each County employee is to arrive at work on time and be prepared for duties as scheduled. This also includes not returning to work from breaks and lunch periods and not leaving prior to the end of a scheduled shift.

EXCESSIVE ABSENTEEISM

Is defined as any absence that due to frequency, duration or timing establishes patterns that are detrimental to the operation of the employee's division and/or department. Examples that may apply, but are not limited to, calling off days before or after holidays and/or scheduled time off, or calling off during crucial timing of job duties.

TARDY

Is defined as not being available for the beginning of the employee's scheduled shift. Excessive tardiness is defined as tardy more than four (4) times in a rolling four-week period. Excessive tardiness is subject to disciplinary action as outlined in Section 120.630, Disciplinary Action, of the Jefferson County Merit System.

B. Policy.

1. Regular and punctual attendance at work shall be required of all Jefferson County employees. Excessive absenteeism and/or tardiness are detrimental to the operations of Jefferson County. Due to the varying responsibilities of each division, there may be different procedures for reporting absences and/or tardiness. Failure to observe attendance requirements and recording procedures for each individual division and/or department will be cause for disciplinary action by the elected or appointed County Officer up to and including termination.

2. A pattern of absenteeism that indicates an earn and burn situation is subject to the same disciplinary action as other attendance issues. An "earn and burn situation" can be described as having no accruals available in any accrual banks, and subsequent absences result in an unpaid status.

C. Procedure.

1. If being absent for any reason can be anticipated, the employee shall inform the immediate division/department supervisor in advance.

2. When being tardy for any reason is anticipated, the employee shall inform the immediate division/department supervisor as soon as possible.

Section 120.460 Tobacco Use Policy.

[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 purpose of the Non-Smoking and Tobacco-Free Policy is to promote the health, safety and welfare of employees of Jefferson County while promoting a healthy, safe and comfortable environment for those who visit County office buildings. Smoking, vaping, and any use of tobacco products, including, but not limited to, tobacco, snuff, or e-cigarettes, are prohibited in all County buildings as well as County-owned vehicles.

B. Smoking, vaping or the use of tobacco are prohibited inside all buildings owned and/or operated by Jefferson County and all County-owned vehicles. All entrances to these buildings, as well as an area of fifteen (15) feet surrounding the entrance, shall be designated as a "Smoke- and Tobacco-Free Zone." This restriction shall apply to County employees and anyone who works, visits, enters or uses any County-owned building or vehicle.

C. Smoking, vaping or the use of tobacco products shall only take place outside in areas where non-smokers will not be required to encounter smoke during the normal course of a non-smoker's work or business. Smokeless tobacco must be disposed of properly in sealed containers and placed in waste containers.

D. The County Executive may designate restricted tobacco use areas outside of County-operated buildings.

E. This policy does not apply to smoking, vaping, or tobacco use which occurs in private vehicles.

F. It is the responsibility of all employees and visitors to our facilities to comply with this policy. Employees who fail to comply with this policy may be subject to disciplinary action up to and including termination.

Section 120.470 Personal Appearance.

[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. Maintaining a professional business-like appearance is important to the positive image of the County. It is the policy of Jefferson County that an employee's dress and grooming should be appropriate to his/her work situation. Clothing must be pressed and in good condition.

B. Office personnel are expected to dress in business/business casual attire, except as when designated in Subsection (C) of this policy. The wearing of suggestive attire, blue jeans, leggings, shorts, T-shirts, sweatpants/sweatshirts, flip-flops, athletic shoes and similar items of casual attire are not permitted.

C. The elected or appointed County Officers may designate certain days as dress-down or casual days (e.g., Fridays or the last working day of the week) on which casual attire may be worn. Suggestive attire, halter tops, tops with bare shoulders or spaghetti straps, beach thongs and similar clothing items are not to be worn at any time.

D. Employees required to wear a uniform are expected to wear it properly and in its entirety. Uniforms must be clean, pressed, and neatly maintained at all times. Shoes must be in good condition and polished or brushed clean.

E. Hair should be clean, combed and neatly trimmed or arranged. Eccentric hairdos and excessive use of cosmetics are also not permitted.

F. Employees may be required to meet special dress, grooming, and/or hygiene standards depending on the nature of their job.

G. Employees reporting to work improperly dressed or groomed may be sent home by their supervisor to change clothing or until further scheduled to work. Any work time missed because of failure to comply with this policy will not be compensated. Repeated violations of this policy may result in disciplinary action up to and including termination.

H. The elected or appointed County Officer reserves the right in all situations to make the determination regarding whether any employee is in violation of this policy.

Section 120.480 On-Call Duty.

[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. This policy applies to non-exempt regular employees.

B. The time an employee is required to wear a beeper, have access to a cellular telephone, or leave a telephone number where the employee may be reached is considered on-call duty and does not qualify as hours worked.

C. When a condition exists and an employee is called back to work after having been relieved from duty and left the work site, the hours worked will be compensated at the employee's base rate of pay or at the applicable overtime rate.

D. When an employee is on on-call duty and is called back to work, he/she will be compensated at his/her base rate of pay for a minimum of two (2) hours. Travel time is not applicable and is not compensated.

E. If the employee is not free to effectively use on-call time for his/her own purposes, such as in the case of repetitive beeping or calling with less than two (2) hours between callbacks, the on-call time will be counted as hours worked.

F. In the event an employee on on-call duty is called in within one (1) hour of his/her normal starting time, the time worked will be in addition to his/her normally scheduled hours.

G. If the call-out lasts for a period of four (4) or more hours, the employee will be allowed one (1) unpaid meal break.

Section 120.485 Light Duty.

[Ord. No. 11-0218 §§ 1 — 2, 6-18-2011; Ord. No. 18-0507, 12-10-2018]

A. Policy.

1. Employees may have a work-related illness or injury which prohibits the performance of their normal duties. Sometimes it is possible to assign light duty so that the employee may return to work more quickly. Light duty is not a right and will only be utilized when there is actual work to be done which may be safely and competently performed by the employee, without jeopardizing his/her recovery. Light duty may be assigned by the elected or appointed County Officer within certain prescribed restrictions given by the employee's physician and approved by the Human Resources Manager, in consultation with the Director of Administration. Light duty will only be assigned when the elected or appointed County Officer has work that the employee can safely and competently perform.

2. Light duty may be granted only for a limited duration and will normally be granted only when there is medical prognosis that the employee will be able to return to full duty. Light duty must be approved by the elected or appointed County Officer and the Human Resources Manager, in consultation with the Director of Administration.

3. With the approval of the elected or appointed County Officer concerned, employees may be assigned to light duty in other departments. The duties assigned may be other than those normally assigned to the employees.

4. If no light duty is available, the employee must remain off the job until released by a physician for full duty.

5. Requests which are the result of non-work-related injuries are governed by FMLA, medical leave and/or ADA policies of the County.

B. Procedures.

1. If an employee needs to be exempt from some portion of his/her duties or needs to be restricted in how he/she performs some of his/her duties as a result of a work-related injury, the employee may submit a written request to the Human Resources Manager. The request must include a medical statement from the employee's treating physician indicating the temporary exemption or restriction from performing certain duties.

2. The Human Resources Manager will review the request in consultation with the employee's elected or appointed County Officer and respond to the employee in writing as soon as practicable as to the decision to assign light duty.

3. Prior to the employee's return to full and unrestricted duty, the employee must submit a medical authorization to do so. The medical documentation shall indicate a return to work date and state the employee can perform all duties of the position with no restrictions.

4. The County may require the employee to submit to a fit-for-duty examination as deemed necessary to determine whether the employee is able to fulfill all essential job functions with or without reasonable accommodation.

Section 120.490 Employee Records.

[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 Department of Administrative Services shall maintain the official employee personnel records for all employees under the Personnel Administration Program. Guidelines for the removal and filing of documents to comply with legal and ethical requirements for information access are defined below.

B. All records of the County shall be governed by Chapter 610, RSMo. (Sunshine Law), and amendments thereto.

C. The personnel files contain all documents, including, but not limited to, the following:

1. Employment application and resume;

2. Reference and security check documentation (if applicable);

3. Any offer of employment or acceptance letters;

4. All personnel status forms, current and historical;

5. Performance appraisals and related documents;

6. Salary reviews and related documents;

7. Education and training documentation.

D. All elected or appointed County Officers should ensure that copies of all documents related to employees are routinely routed to the Department of Administrative Services, Human Resources Manager, for filing. Such information must include copies of commendations, written reprimands, permanent changes in work location, certificates of training or other information concerning performance or credentials relating to County employment.

E. Federal and State laws require that medical records be maintained by employers in separate confidential files. All medical-related records will be maintained by the Department of Administrative Services, Human Resources Manager, in confidential files. The County will treat drug-test-related records in the same manner as medical records and retain them in a confidential medical file.

F. Access to an employee's business-related file information, except protected medical records, may only be given to the elected or appointed County Officer of an employee's current department or for an employee seeking transfer, promotion, demotion or rehire to his/her department.

G. Under the supervision of the Human Resources Manager, employees will be permitted to review their personnel file on an annual basis. No employee will be permitted to copy any documents in his/her file, except where required by law.

H. Federal regulations require that an employer must keep any records that relate to any employment decision for a minimum of one (1) year. United States Citizenship and Immigration Services Form I-9 must be retained for as long as the individual works for Jefferson County. Once the individual's employment has terminated, the Form I-9 must be retained for either three (3) years after hire, or one (1) year following termination of employment, whichever is longer.

I. In the event an action is brought against the County under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans With Disabilities Act, the Fair Labor Standards Act, the Equal Pay Act, or any other law, the records subject to the action must be retained until final disposition of the case.

J. All documents contained in an active employee's personnel file will be retained for the employee's entire period of employment. Personnel files for all terminated employees will be retained for a minimum of seventy-five (75) years.

Section 120.500 Bulletin Boards.

[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. County bulletin boards will be used for communication of County policy, County business and announcements, and official government Equal Employment Opportunity (EEO) and wage and hour posters, County meeting notices, safety rules, health items, and benefit programs. Human Resources will have the responsibility for keeping the bulletin boards up-to-date and attractive.

B. Literature, printed and written materials or notices of any kind are prohibited from being posted, taped, tacked, etc., on walls, restrooms, time clock areas, entrance or exit doors, on top of transparent coverings on bulletin boards, etc. Facility closing announcements (e.g. holidays, etc.) for public information may at times be posted on entrance and exit doors.

C. Human Resources will maintain keys for all bulletin boards. Postings will be performed by Human Resources. For annex locations, the elected or appointed County Officer or his/her designees will perform the above functions.

Section 120.510 References.

[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. Due to potential legal issues covering dissemination of information, information relating to employees may not be communicated outside the County, except as provided. All supervisory and management personnel have an obligation to treat employee-related data in a confidential manner.

B. For the protection of all employees, any inquiry regarding an employee or former employee must be referred to Human Resources.

C. In response to written reference checks (requests for information on an employee's employment history) containing a signed authorization to release information, Human Resources may provide dates of employment, job titles, pertinent salary data, the reason for the employee leaving, and whether the employee is eligible for rehire.

D. In response to a phone reference check, the Division of Human Resources will only verify if the employee is in fact employed, hire date or dates of employment, and job title. If the caller desires additional information, the Human Resources Manager will inform the caller to submit the request in writing to the County.

E. No general letters of recommendation will be issued to employees. However, the Division of Human Resources will respond to specific inquiries by other organizations when it receives such requests in writing with proper authorization from the employee.