St. Charles County, MO Article II Employment Conditions

Section 115.030 Equal Opportunity Statement.

[Ord. No. 96-13 Ch. 3 §A, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

A. St. Charles County is an equal opportunity employer which complies with all applicable State and Federal laws and regulations. Employment decisions such as hiring, training, promotion, discipline, retention, and compensation are based on individual merit, ability and related performance.

B. The St. Charles Personnel Administration Program shall be free of discrimination or favoritism on the basis of race, creed, disability, color, age, religion, national origin, sex, ancestry, political affiliation or activity or lack thereof, or union membership or non-membership.

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

Section 115.040 Residency Requirement.

[Ord. No. 96-13 Ch. 3 §B, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

There is no residency requirement for employees unless specified in the Charter or by ordinance.

Section 115.050 Position/Status of Employment.

[Ord. No. 96-13 Ch. 3 §C, 2-6-1996; Ord. No. 02-117 §1, 7-31-2002; Ord. No. 08-109 §2, 9-11-2008; Ord. No. 09-003 §1, 1-27-2009; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 12-083 §2, 11-5-2012]

A. The terms of elected officials are established by the County Charter.

B. Employees exempted from the Merit System serve at the pleasure of the County Executive or their appointing authority.

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

C. Members of the County Council office support staff employed prior to passage of this Chapter shall retain their status as Merit System employees.

D. Employees in positions where removal is subject to the Merit System shall continue employment under the provisions of the Merit System Rules.

E. An employee's official date of employment shall be the first (1st) day he or she reports for duty following all applicable pre-employment procedures.

F. An employee's official date of separation shall be the last day physically at work. The following prohibitions and exceptions apply:

[Ord. No. 13-103 §1, 12-19-2013]

1. The tenure of the employee shall not be extended by the use of paid time off and/or compensatory time following the last day of actual work nor by delaying the last day physically at work in order to allow the employee to use accrued leave. Unused paid time off and/or compensatory time shall be paid "lump sum" on the employee's final paycheck in accordance with the provisions of Sections 115.220(B)(8), 115.220(B)(9) and 115.706(G). No additional severance pay is granted.

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

2. The separation date for an employee who is off work due to illness or injury shall be the date on which the individual's employment is terminated through retirement, disability retirement, or resignation.

3. The separation date for any individual, covered by the Merit System, who is dismissed for cause or for failure to successfully complete his or her probationary period shall be the date on which the official notice is signed by the department head or elected official or their designated representative.

G. Employment status shall be limited to permanent full-time, permanent percentage time and intermittent.

1. Permanent full-time and permanent percentage time employees occupy budgeted or permanent full-time and percentage time positions that are anticipated to continue from year to year.

2. The status of "intermittent" is to include all employees who do not occupy a budgeted FTE position. Intermittent employees work on an as-needed basis during the calendar year: during seasonal periods, special assignments, educational internships or in ongoing but variable jobs that accommodate the availability of the incumbent or a changing workflow.

3. Previous status designations of permanent part-time, temporary full-time, temporary percentage time or temporary part-time as needed will be consolidated under the category intermittent effective September 1, 2008, and those employees will henceforth be designated intermittent.

H. Characteristics Of Employment Status.

1. Employees are paid on a bi-weekly basis.

2. Full-time and percentage time employees are eligible for holiday pay, paid leave and benefits in accordance with the provisions of Article III "Paid and Unpaid Leave" and Article IV "Fringe Benefits". Intermittent employees are always non-merit employees while full-time and percentage time employees may be designated as either merit or non-merit depending on the position as established by ordinance. Probationary periods are provisions of the merit system and will not be utilized for intermittent employees.

3. Intermittent employees may not transfer to merit system positions without applying for competitive appointment. Intermittent employees are not eligible for positions posted "open only to non-probationary employees". When an intermittent employee applies for and is selected for a permanent FTE position, the action will be processed as a new hire for salary and benefit purposes instead of a demotion or promotion.

4. Appointing authorities shall occasionally review intermittent employee patterns of usage to ensure employees are used appropriately.

Section 115.060 Hours of Work.

[Ord. No. 96-13 Ch. 3 §D, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

A. County offices will be open to the public on weekdays from 8:00 A.M. to 5:00 P.M. The actual hours of work for employees will be scheduled by the appointing authority or elected official and may be changed when necessary. Every employee will be notified of their work schedule.

B. Employees commence work at the beginning of their scheduled work shift and continue working until their meal period or the end of their scheduled work shift, except that work breaks may be authorized when the work load permits.

Section 115.070 Reporting To Work.

[Ord. No. 96-13 Ch. 3 §E, 2-6-1996; Ord. No. 99-21 §1, vetoed 2-24-1999 and overridden 3-8-1999; Ord. No. 01-164 §4, 12-13-2001; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 12-083 §3, 11-5-2012; Ord. No. 12-100 §1, 12-18-2012]

A. Each department may have a written procedure, if approved by the Director of Administration, to be followed when employees are not able to report to work as scheduled. Failure by employees to follow the procedure may result in the denial of time from the paid sick leave bank, paid time off or earned compensatory time and/or other disciplinary action. In the absence of a written department procedure, employees are required to call the appointing authority or elected official within the first half (½) hour of the scheduled shift.

B. During emergencies, when the public welfare so requires, or in other necessary circumstances, the County Executive may close County offices. Should the County Executive decide to close County offices for a non-weather related reason, he shall first obtain the concurrence of the Chair of the County Council or the Vice Chair if the Chair is unavailable.

C. When the County Executive closes County offices, employees released or excused from duty during closures shall be paid at the straight time rate during the closure. Intermittent position employees shall be paid only for the time during the closing when they actually worked.

D. The County Executive may declare an emergency in disaster situations and temporarily transfer employees, with the consent of the appointing authority or elected official, to work at locations and positions not normally assigned to them.

Section 115.075 Telecommuting.

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

A. Telecommuting is a work arrangement under which an employee performs the essential duties and responsibilities of their position, and other authorized job activities, from their home or an approved location remote from their physical work site for all or part of their work week. Telecommuting is not a right or entitlement; appointing authorities have the right to refuse to make telecommuting available to an employee or to terminate a previously approved telecommuting arrangement at any time.

B. Telecommuting arrangements may be utilized based on the type of work and duties of the job, requirements of departmental operations, staffing and customer service, and suitability of the telecommuting arrangement for the employee. The Director of Human Resources shall maintain a Telecommuting Policy that defines eligibility and sets forth the procedural requirements appointing authorities shall follow if they decide telecommuting will be a part of their departmental operations. The policy shall include the requirement for individual telecommuting agreements to be executed between an appointing authority and the employee, prior to any telecommuting. Telecommuting agreements shall be approved by the Director of Human Resources no less than annually.

[Ord. No. 22-088, 12-19-2022]

C. Time Worked.

1. The amount of time that the employee is expected to work while telecommuting will not change due to the employee's participation in a telecommuting work arrangement. Hours of work shall remain the same unless otherwise specified in the telecommuting agreement.

2. Telecommuting employees who are not exempt from the overtime requirements of the Fair Labor Standards Act will be required to accurately record all hours worked. Hours worked in excess of those scheduled per day and per workweek require the advance approval of the employee's supervisor. Failure to comply with this requirement may result in the immediate termination of the telecommuting agreement and possible disciplinary action.

3. Any time spent caring for a family member, including school-aged children, or spent on non-work activities during regular working hours must be excluded from the total hours worked.

4. Unless a flexible schedule is approved, employees should not permit non-work-related events, appointments, or activities to disrupt or interfere with scheduled work time. Requests for use of accrued leave shall be approved in the same manner as set forth in this Chapter below and in accordance with departmental policies. Employees must report all hours not worked during the employee's regular workday.

D. Security of Equipment, Information and Records. Employees that use equipment and supplies provided by the County must secure them at all times while in the employee's possession. Employees must use secure remote access procedures and are responsible for complying with all county policies and procedures for the security of all information, documents, records, and equipment in their possession while telecommuting. Employees approved to telecommute must agree to use supplies and equipment provided by the County for County business purposes only.

[Ord. No. 22-088, 12-19-2022]

E. Other Costs. Under this policy, the County is not responsible for operating costs (such as electric bills, internet, etc.) home maintenance, or other costs incurred by employees in the use of their homes or other locations as an alternative work site. The employee is solely responsible for determining, assessing, and complying with any tax or legal implications under Federal, State and local government laws, lease agreements, or homeowners' association agreements, or any other applicable legal restrictions, taking into account practical considerations of working remotely. The County will not be responsible for any costs or liability related to this Section.

Section 115.080 Secondary Employment.

[Ord. No. 96-13 Ch. 3 §F, 2-6-1996; Ord. No. 09-025 §1, 2-25-2009; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 11-025 §1, 5-2-2011]

A. County service is the primary responsibility of County employees. Except as otherwise provided in Sections 115.270(E) and 115.300(A)(3), and except for intermittent employees for whom there are no restrictions or required approvals, secondary employment is allowed when approved in advance and in writing by the appointing authority or elected official.

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

1. The employee must disclose in writing all secondary employment and request permission from the appointing authority or elected official at the following times:

a. Upon appointment to a position with the County;

b. Whenever the employee wishes to accept secondary employment; and

c. Whenever an employee's secondary employment changes.

2. Permission to work in a secondary employment shall be denied by the appointing authority if:

a. It creates a conflict of interest with the employee's duties;

b. It is engaged in while on duty with the County;

c. It could bring discredit upon the County;

d. County equipment or supplies are used in the course of the secondary employment, except as provided by the Director of Administration;

e. It conflicts with any special rules governing secondary employment that have been issued by the Operating Department; or

f. It causes, or has the potential to cause, a disruption of the work of the office or a shortage of personnel.

3. Approval to work in secondary employment may be withdrawn by the appointing authority or elected official when one (1) of the conditions listed in Subsection (2) above is breached or the secondary employment does not meet revised guidelines established by the appointing authority or elected official.

Section 115.090 Layoffs.

[Ord. No. 96-13 Ch. 3 §G, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

A. The County may lay off due to a lack of funds or a lack of work. Appointing authorities or elected officials, with the approval of the Director of Administration, shall give employees who are to be laid off either two (2) weeks' notice or two (2) weeks' severance pay.

1. If the position to be eliminated is exempt from the Merit System, the appointing authority or elected official shall notify the employee affected and report the layoff to the Human Resources Director and the Department of Finance.

2. If the position to be eliminated is covered by the Merit System, the appointing authority or elected official shall follow the procedures required by the ordinance establishing the St. Charles County Merit System.

Section 115.100 Smoking.

[Ord. No. 96-13 Ch. 3 §H, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 19-112, 12-17-2019]

Smoking on County premises is allowed only in designated smoking areas and as provided by the St. Charles County Smoke-Free Air Act of 2018. Smoking and the use of all other tobacco products is prohibited at all times in County vehicles.

Section 115.110 Safety.

[Ord. No. 96-13 Ch. 3 §I, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

A. County policy is to provide a safe work environment for all employees and to encourage an attitude of safety among employees. All unsafe or potentially hazardous conditions should be reported to the supervisor immediately. All employees are responsible for the proper care and use of safety equipment, following safety rules and procedures and performing their job in a safe and careful manner.

B. Medications or any substance taken by employees that may inhibit or impair the employee's job performance shall be reported to the supervisor.

[Ord. No. 19-112, 12-17-2019]

C. In addition to any departmental safety rules, all employees who operate licensed vehicles while on duty shall report to their supervisor any medications or any substance that may inhibit or impair the employee's job performance.

[Ord. No. 19-112, 12-17-2019]

D. The County solicits employee suggestions for the maintenance of safe working conditions, practices and equipment.

E. The Director of Human Resources shall have the authority to adopt, and amend from time to time as necessary, an ID Badge Policy applicable to all County employees. The ID Badge Policy shall be reviewed and approved by the Director of Administration.

[Ord. No. 15-082 §1, 9-8-2015]

Section 115.115 Fingerprinting for Criminal Background Checks.

[Ord. No. 19-069, 8-30-2019]

A. Current employees, volunteers, and applicants to volunteer positions or positions of employment within St. Charles County government may be required to have their fingerprints taken by the St. Charles County Police Department or a designated agency for submission to the Missouri State Highway Patrol, Criminal Justice Information Services (CJIS) Division. The individuals required to be fingerprinted are:

1. Each applicant who has received a conditional offer of employment as a Director of any County department;

2. All County personnel who come into contact with children as a part of their regular employment, as provided in Section 104.010, OSCCMo.;

3. Other individuals who are identified by the Director of Administration, and may be determined based on job title, County department, or specific duties, including any applicant who has received a conditional offer of employment in the positions or departments within County government who will have access to criminal justice information; have significant access to County funds; have access to personally identifiable information, personal health information, personal consumer information, or other confidential information; or are in other positions of public trust, as well as individuals employed in these positions on the date of enactment of this Section.

B. St. Charles County expects to receive State and National results after the Missouri State Highway Patrol, CJIS Division compares the subject's fingerprints against its criminal file and submits the fingerprints to the Federal Bureau of Investigation (FBI) for a comparison with national criminal history records.

C. St. Charles County shall render a fitness determination based upon the results of the criminal background check. In rendering a fitness determination, St. Charles County government will decide whether the subject of record has been convicted of or is under pending indictment for: (a) a crime which bears upon his/her ability or fitness to serve in that capacity; (b) any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense; or (c) enumerated disqualifiers.

D. The subject of record may request a copy of his/her criminal history record information from the St. Charles County Police Department. Should the subject of record seek to amend or correct his/her record, he/she must contact the Missouri State Highway Patrol, CJIS Division for a Missouri State record and the Federal Bureau of Investigation for records from other State jurisdictions maintained in its file.

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

Section 115.120 (Reserved) [1]

[1] Editor’s Note: Former Section 115.120, Drug-Free and Alcohol-Free Workplace, adopted or amended by Ord. No. 96-13 Ch. 3 § J, 2-6-1996, and as further amended, was repealed by Ord. No. 19-112, 12-17-2019.

Section 115.125 Mandatory Training.

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

All trainings, designated by the Director of Administration or the Department of Human Resources as “mandatory,” must be completed within sixty (60) days of the assigned date.

Section 115.130 Anti-Harassment Policy.

[Ord. No. 96-13 Ch. 3 §K, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 14-128 § 1, 12-15-2014; Ord. No. 16-105 § 1, 12-19-2016; Ord. No. 19-019, 3-25-2019]

A. Purpose. The County is committed to maintaining and promoting a safe workplace that is free from discrimination and harassment. Federal law, Title VII of the Civil Rights Act of 1964, prohibits employers from discriminating against employees and applicants on the basis of sex, race, color, national origin, and religion. The County will not tolerate discrimination or harassment to or by any of its employees and will take appropriate disciplinary action to stop it when it occurs.

[Ord. No. 21-099, 12-20-2021; Ord. No. 22-088, 12-19-2022]

B. Definitions Of Forms Of Harassment. As used in this Section, the following terms shall have the meanings indicated:

HARASSMENT

Any unwelcome behavior by the employee that is based on race, religious creed, color, national origin, ancestry, disability, sex, or age. Such harassment includes, but is not limited to:

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

1. VERBAL HARASSMENT The use of words to cause harm to a person being spoken to or about. Examples are: epithets, derogatory statements, comments, jokes, or slurs on the basis of race, religious creed, color, national origin, ancestry, disability, sex, or age.

2. PHYSICAL HARASSMENT The intentional blocking of free movement or passage, or shoving, pushing, or hitting of another. Further behavior such as pinching, rubbing, grabbing, patting or fondling is also prohibited and a violation.

3. VISUAL FORMS OF HARASSMENT Any form of print, text, video or other medium that is derogatory equates to visual harassment. Examples are posters, notices, bulletins, cartoons, graphics, e-mails, social media posts, or drawings on the basis of race, religious creed, color, national origin, ancestry, disability, sex, or age and material that could be deemed sexually explicit.

4. SEXUAL HARASSMENT Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.

b. Submission to or rejection of such conduct by an individual is conditioned upon an employment benefit.

c. Such conduct has the purposes or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive working environment.

C. Reporting Harassment Complaints.

1. If an employee believes he or she is being harassed or if he or she observes such harassment, it is the employee's responsibility to inform the alleged harasser that he/she is offended by the behavior and promptly contact one of the persons below with whom the employee feels the most comfortable (complaints may be made orally or in writing):

a. The employee's immediate supervisor.

b. The employee's appointing authority.

c. The Director of Human Resources.

d. The Director of Administration.

e. The Harassment Complaint Intake Unit.

2. The Harassment Complaint Intake Unit is an initial point of contact for County employees who wish to report a potential violation of this harassment policy, and conducts a review of all reported violations of this harassment policy. Any complaint submitted by means of Subsection (C)(1)(a) through (d) above shall be forwarded to the Intake Unit.

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

a. This unit will be composed of one or more representatives from the Department of Human Resources and the County Counselor or his/her designee(s). The members of the Intake Unit shall possess the expertise to review harassment allegations and administratively investigate harassment complaints.

b. The Harassment Complaint Intake Unit can be contacted through e-mail at [e-mail] or by phone message to 636-949-3039. The Harassment Complaint Intake Unit contact information shall be published on the employee intranet, published along with other required employee notices in common space and shall be made available upon request in the Department of Human Resources.

c. The Harassment Complaint Intake Unit shall acknowledge receipt of the complaint as soon as possible, but no later than five (5) business days following the date the complaint is received by the Harassment Complaint Intake Unit, if the identity of the reporter is known.

d. The Harassment Complaint Intake Unit shall review all complaints received and make one of the following determinations:

(1) No policy violation exists, and no further investigation is warranted; or

[Ord. No. 22-088, 12-19-2022]

(2) Not enough information has been submitted to make a finding, or a potential policy violation exists, and further investigation is warranted; or

[Ord. No. 22-088, 12-19-2022]

(3) A policy violation exists, and enough information was gathered during the initial report to substantiate a policy violation.

e. The Harassment Complaint Intake Unit will notify the Director of Administration and the Director of Human Resources of its review and determination. The Intake Unit will separately communicate its determination of Subsection (C)(2)(d)(1),(2) or (3) to the employee reporter of the complaint if the identity of the employee reporter is known.

[Ord. No. 22-088, 12-19-2022]

3. The reporter of a complaint may be asked for, and will be required to provide, if available, the following information when reporting or during any investigation responsive to the complaint:

a. Employee's name and department.

b. The name of the person or persons committing the alleged harassment.

c. The specific nature of the unlawful harassment, how long it has gone on and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against him/her as a result of the harassment or any other threats made against him/her as a result of the harassment.

d. Witnesses to the harassment, if any.

e. Whether he/she has previously reported such harassment and, if so, when and to whom.

f. Any and all notes, texts, e-mails, social media posts, videos in their possession, and any information on any other material that may need to be gathered pertinent to the investigation.

D. The Investigation Of The Harassment Complaint.

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

1. If a determination is made that further investigation is warranted, said investigation shall be carried out by the Department of Human Resources and the County Counselor’s office. The investigators, one from each department, shall possess the expertise to recognize harassment and administratively investigate allegations of harassment.

2. All reasonable and appropriate efforts to preserve privacy and to protect the confidentiality of information will be made while conducting investigation of a complaint. However, due to the nature of investigations, and State and Federal laws governing such actions, a guarantee of confidentiality cannot be made to those who report complaints of harassment or those who participate in harassment investigation. Other than with the investigators, the interviewees shall not discuss the investigation with anyone, including other employees.

3. Reasonable efforts shall be made by the investigator(s) to conduct questioning of employees while they are on-duty unless circumstances prevent such questioning while on duty.

4. Investigation interviews shall be conducted in a secure and confidential location and for a reasonable amount of time.

5. In the event that the investigator(s) determine that an interview of the subject of a complaint is necessary for the investigation, the subject shall be given notice at least twenty-four (24) hours prior to the scheduled start time of the interview.

6. Based upon the conclusions and findings of the investigative report, the investigator(s) shall determine whether the conduct of the alleged violator constitutes unlawful harassment under the guidelines of this policy, State law, and Title VII. The investigator(s) shall provide the Director of Administration and the Director of Human Resources a copy of the investigative report at the conclusion of the investigation. The investigative report will remain confidential and under the control of the Intake Unit, in a separate investigative file located away from personnel files.

7. If the investigator(s) determine that the complaint of harassment is founded, they shall recommend that immediate and appropriate disciplinary action be taken against the employee who violated the County's anti-harassment policy. Following receipt of the investigative report, the Director of Human Resources and Human Resources Investigator shall brief the appointing authority on the findings and recommendations of the investigators and be available to the appointing authority to assist in the execution of any disciplinary measures that the appointing authority decides to take.

[Ord. No. 22-088, 12-19-2022]

8. The disciplinary action shall be consistent with the nature and severity of the offense(s), past disciplinary history of the violator, and follow the discipline guidelines as defined in Chapter 115 of the Ordinances of St. Charles County, up to and including termination.

9. Following the conclusion and disposition of the investigation, the employee reporter of the complaint will be notified by the Department of Human Resources that the investigation is complete and will be advised if disciplinary action was recommended. The specific disciplinary action shall not be revealed.

[Ord. No. 22-088, 12-19-2022]

E. Obligation Of Employees.

1. Employees are obligated to report instances of harassment, including but not limited to sexual harassment. It is every employee's responsibility to maintain and promote a policy of non-discrimination and support the County’s efforts to combat harassing behavior.

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

2. Employees are obligated to cooperate in every investigation, including coming forward with evidence, both favorable and unfavorable to the alleged violator. All employees, if requested, must answer fully and truthfully, and if asked for a written statement, that statement must be thorough, complete, and truthful. Omission is a form of untruthfulness and is not tolerated.

3. Employees are also obligated to refrain from filing bad faith or knowingly false complaints of harassment. Such actions may create potential liability against both the employee and the County. Baseless and knowingly false allegations will constitute a separate and distinct investigation and may result in disciplinary action.

4. Employees are obligated to act in a professional manner and abide by the St. Charles County Code of Conduct at all times.

F. Reporting And Cooperation. Disciplinary action may be taken against any employee who fails to report instances of harassment. Disciplinary action will be taken against any employee who fails or refuses to cooperate in any investigation.

G. Training. Anti-harassment training will be included in new employee orientation, and a complete review of this policy will be covered. In addition, an annual training will be conducted for all County employees. Any virtual trainings must be completed within sixty (60) days of assigned date. Employees will acknowledge their receipt and understanding of this policy.

[Ord. No. 21-099, 12-20-2021; Ord. No. 23-105, 12-18-2023]

H. Retaliation. The County prohibits unlawful retaliation against anyone who in good faith has complained about harassment, discrimination or retaliation, or anyone who cooperates in an investigation into any such complaint. Retaliation is prohibited, and those in violation of this prohibition may be subject to severe discipline up to and including termination.[1]

[1] Editor's Note: Former Subsection (I), Confidentiality, which immediately followed this Subsection, was repealed by Ord. No. 21-099, 12-20-2021.

Section 115.140 Nepotism Prohibited.

[Ord. No. 96-13 Ch. 3 §L, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

Any elected official or employee who, by virtue of his office or employment, names or appoints to County employment any relative within the fourth degree, by consanguinity or affinity, shall thereby forfeit his office or employment.

Section 115.150 Conflicts of Interests Prohibited.

[Ord. No. 96-13 Ch. 3 §M, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

A. No elected official or employee shall:

1. In any manner whatsoever be interested in or receive any benefit from the profits or emoluments of any contract, job, work, activity, function, or service for the County.

2. Act or refrain from acting in any capacity in which he is lawfully empowered to act by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value, other than compensation to be paid by the County.

3. Knowingly accept any service or thing of value, directly or indirectly, from any person, firm or corporation having dealings with the County, upon more favorable terms than those granted to the public generally.

[Ord. No. 14-128 §2, 12-15-2014]

4. Knowingly receive, directly or indirectly, any part of any fee, commission or other compensation:

[Ord. No. 14-128 §2, 12-15-2014]

a. Paid by or payable to the County;

b. Paid by any person in connection with any dealings with the County; or

c. Paid by any person in connection with any dealings with or proceedings before any office, officer, department, board, commission or other agency of the County.

5. Directly or indirectly, be the broker or agent who procures or receives any compensation in connection with the procurement of any type of bonds for County elected officials or employees or firms doing business with the County guaranteeing the performance of any contract with the County.

B. No elected official or employee shall use confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself, his spouse, his dependent child in his custody, or any business with which he is associated. No elected official or employee shall disclose confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself or any other person.

C. The provisions of this Section shall be broadly construed and strictly enforced for the purpose of preventing County elected officials and employees from securing any pecuniary advantages, however indirect, from their public affiliations, other than their County compensation.

D. Any elected official or employee of the County who willfully conceals any such interest or violates any of the provisions of this Section shall forfeit his office. Any contract made in violation of this Section may be declared void by the County Executive or by resolution of the County Council.

E. The County Council may enact ordinances to guard against injustices and to supplement these provisions and extend these prohibitions against conflicts of interest not inconsistent herewith.

F. All elected officials and employees of the County shall be bound by all applicable laws that pertain to conflicts of interest such as those contained in the Missouri Constitution and the Revised Statutes of Missouri.

G. Use of County equipment, personnel, facilities or resources to promote or help promote any civic, social, business or not-for-profit interest except according to policies established by the Director of Administration shall be considered a conflict of interest.

Section 115.160 Light Duty.

[Ord. No. 96-13 Ch. 3 §N, 2-6-1996; Ord. No. 00-022 §1, 2-29-2000; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 11-025 §2, 5-2-2011]

A. Employees may have an illness or injury (either service connected or not) which prohibits the performance of their normal duties. Sometimes it is possible to assign light duty so that employees 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 can be safely and competently performed by the employees without jeopardizing their recovery. Light duty may be mandated by the appointing authority within the medical release given by the employee's physician and light duty will only be assigned when the appointing authority has work that the employee can safely and competently perform. Intermittent employees are not entitled to and have no expectation of assignment to light duty.

B. Light duty may be granted only for a limited duration. Light duty will normally be granted only when there is medical prognosis that the employee will be able to return to full duty within four (4) weeks or as otherwise required by applicable law. Light duty must be approved by the appointing authority or elected official.

[Ord. No. 15-121 §1, 12-21-2015]

C. With the approval of both appointing authorities and/or elected officials concerned, employees may be assigned to light duty in other departments. The duties assigned may be other than those normally assigned to the employees.

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

E. In the event of any conflict between this Section and applicable law, the County shall act in accordance with applicable law.

[Ord. No. 15-121 §1, 12-21-2015]

Section 115.170 Mandatory Reporting.

[Ord. No. 96-13 Ch. 3 §O, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

A. All employees shall notify their appointing authority or elected official and the Department of Human Resources on the next business day on which they are on duty of any arrest, indictment, conviction, plea of nolo contendere or imposition of sentence for any misdemeanor or felony, except non-alcohol-related traffic offenses.

B. Employees who possess professional licenses, registrations or other credentials, including a commercial driver's license, required for the performance of their duties must report any changes in the status of these credentials. Loss of a professional license, registration, or other credential shall be subject to disciplinary action up to and including termination from service. The employee shall immediately notify the Director of Human Resources and the employee's immediate supervisor of the loss of the professional license, registration, or other credential. Failure to do so shall result in immediate termination from service.

[Ord. No. 19-112, 12-17-2019]

Section 115.180 Records and Files.

[Ord. No. 96-13 Ch. 3 §P, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010]

A. The Department of Human Resources shall maintain the official employee personnel records for all employees under the Personnel Administration Program.

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

C. All public personnel-related records retained by the County are open to the public except to the extent that they relate to the following:

1. Hiring, firing, disciplining or promoting employees. However, any vote on final decisions to hire, fire, promote or discipline employees must be made available to the public within seventy-two (72) hours of the close of the meeting where such actions occurred, provided that employees so affected shall be entitled to prompt notice before such decisions are made available to the public;

2. Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again;

3. Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups; and

4. Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such.

D. The Human Resources Director is appointed custodian responsible for the maintenance of the Department of Human Resources records.

E. Employees shall:

1. Have the right to review their own personnel records during regular business hours with a previously scheduled appointment; and

2. Notify the Department of Human Resources and the appointing authority or elected official in writing whenever they have changes in name, address, phone number, dependents, marital status or other information that may affect withholdings or enrollments in various benefit programs.

F. Appointing authorities and elected officials shall forward for inclusion in employee personnel files, copies of all commendations, written reprimands, permanent changes in work location, certificates of training, or other information concerning employee performance or credentials relating to County employment.

G. Appointing authorities and elected officials shall have the right to review all official employee personnel records, except protected medical records, of:

1. Employees in their department;

2. Employees seeking transfer, promotion, or demotion to their department; and

3. Former employees seeking re-employment.

Section 115.190 Reasonable Accommodations.

[Ord. No. 96-13 Ch. 3 §Q, 2-6-1996; Ord. No. 10-009 §1, 1-27-2010; Ord. No. 21-099, 12-20-2021[1]; Ord. No. 23-105, 12-18-2023]

A. St. Charles County complies with all applicable Federal, State and local regulations in the employment of persons with disabilities and will make necessary and reasonable accommodations for qualified individuals with disabilities participating in the application, screening and/or hiring process.

B. The County will make reasonable accommodations for qualified employees who have disabilities so they can perform the essential functions of the position in question.

C. An individual for whom a reasonable accommodation can be made for the job in question, without undue hardship, will be given the same consideration for that position as every other employee or applicant.

D. All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision can be made.

E. The Human Resources Department is responsible for implementing this policy, including resolution of reasonable accommodation, safety and undue hardship issues. Forms to request a reasonable accommodation are available in the Human Resources Department.

F. Employee medical records are confidential and will be maintained separately from their employee personnel file and from their application.

G. It is the responsibility of employees and applicants with a disability or a representative on behalf of the disabled individual, to request an accommodation to enable them to perform the essential functions of the position or in completing the application and hiring process. The initial request may be verbal and general in nature.

H. The reasonableness of the accommodation(s) will be determined on a case-by-case basis. Employees and/or applicants must join with the Department of Human Resources to clarify needs and identify possible solutions. This process may involve more than one (1) step, e.g., meetings, obtaining documentation or information from a third party, preparing written documentation, etc.

[1] Editor's Note: This ordinance amended the title of this Section, which was formerly Equal Employment Opportunity.