[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010]
A.
Title. This ordinance shall be known and may be cited as
Merit System, St. Charles County, and is Part 2 of the Personnel Administration
Program.
B.
Scope.
1.
The Merit System established by this Part 2 of the Personnel Administration
Program applies to all St. Charles County employees except as otherwise
exempted in the Charter or by ordinance of the County Council.
2.
Elected officials and those department heads who are exempted from
the Merit System are required by Charter to operate their offices
within the guidelines of the Personnel Administration Program.
C.
Purpose. This Part 2 of the Personnel Administration Program
partly fulfills the mandate of the St. Charles County Charter, which
requires the establishment of a Personnel Administration Program for
all County employees under the direction of the Human Resources Director,
with a Merit System within the Program covering all employees except
as otherwise provided in the Charter. It is the policy of St. Charles
County to fill each position covered by the Merit System on the basis
of merit ascertained as nearly as practicable by competitive examination
and for the retention of said employees and officers on the basis
of merit and ability. This Part 2 is part of the Personnel Administration
Program, along with ordinances establishing the St. Charles County
Benefits and Conditions of Employment and the St. Charles County Basic
Pay Plan.
D.
Governing Provisions. The provisions of this Part 2 of the
Personnel Administration Program shall supersede the applicable provisions
of the Interim Employee Handbook.
E.
Rights Of The County As The Employer. Nothing in this Part
2 of the Personnel Administration Program is intended to circumscribe
or modify the existing right of the County to:
1.
Direct the work of its employees;
2.
Hire, promote, assign, transfer, and retain employees in positions
within the County;
3.
Counsel, reprimand, suspend, reduce in pay, demote or discharge employees
for proper cause;
4.
Determine the position classification and salary grade of all County
employees;
5.
Maintain the efficiency of governmental operations;
6.
Lay off employees due to lack of work, failure of financial appropriation
or other causes which do not reflect discredit on employees;
7.
Take actions as may be necessary to carry out the mission of the
County in emergencies; and
8.
Determine the methods, means, and personnel by which operations are
to be executed.
F.
Rights Of The County Employee.
1.
Employees (except appointing authorities, confidential employees,
employees exempted from the Merit System, and employees who are otherwise
prohibited from doing so by law) shall have the right to form, join
and participate in the activities of employee organizations of their
own choosing for the purpose of meeting and conferring with a County
representative with respect to wages, hours, and other terms and conditions
of employment as provided by Charter and subsequent ordinances. However,
this right does not apply to any manager, supervisor or confidential
employee who shall not be permitted to join or maintain membership
in any employee organization or union which admits to membership employees
who work under the direction of such manager or supervisor. Merit
System employees also have the right to refuse to join, participate,
or support in any way the activities of employee organizations.
2.
In addition, rights and privileges of County employees are contained
in this document and in the Personal Administration Program, Part
1, and Basic Pay Plan, Part 3, Benefits and Conditions of Employment.
3.
Nothing in this Part 2 of the Personnel Administration Program is
intended to circumscribe or modify existing rights of County employees
under the State of Missouri's Public Sector Labor Law, Sections 105.500—105.530,
RSMo.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010]
When used herein and unless otherwise indicated herein, the
following words and phrases shall have the meanings assigned in this
Section. When used herein and unless otherwise indicated herein, any
word or phrase that is or shall be defined in St. Charles County ordinances
establishing or regulating the Personnel Administration Program's
Benefits and Conditions of Employment and Basic Pay Plan shall have
the meanings assigned in those ordinances.
The assignment of a position to a position classification.
A department head or elected official who exercises ultimate
supervisory authority over an employee.
An official change, addition or deletion, or official act
by the Human Resources Director.
The essential responsibilities, duties and qualifications
common to all positions within a position classification.
An employee whose access to confidential personnel files
or information concerning the administrative operations of the County,
or whose functional responsibilities or knowledge in connection with
the issue involved in the process of dealing with labor organizations
or unions, would make his/her membership in the same organization
as a non-confidential employee incompatible with his/her official
duties.
A person who may be considered for employment or re-employment.
Any person in the service of St. Charles County except contractors
and elected officials.
A person who is exempt from the Merit System in accordance
with the Charter or ordinance, not exempt status as defined by the
Fair Labor Standards Act.
Rates of pay for temporary and part-time employees who are
ineligible for benefits and where the employees are not eligible for
within-range advancements.
An employee of the County not exempted from the Merit System
by Charter or ordinance.
A position classification containing multiple levels (i.e.
Records Clerk I, Records Clerk II, Records Clerk III).
A grouping of one (1) or more positions with the same essential
responsibilities, duties and qualifications.
An official listing of position classifications utilized
by the County which has been set up and revised by the Merit System
Commission pursuant to Article VII, Section 7.502.2 of the St. Charles
County Charter as amended.
A summary of responsibilities and duties for a particular
position.
Employment on a trial basis to determine suitability before
becoming a non-probationary employee at that position.
An employee who has not yet completed his initial probation
period.
An employee who has completed an initial probationary period
but who is currently serving a probationary period in another position.
The appointment of a full-time or percentage-time employee
to another position in a higher pay grade.
Reallocation of a position to another job classification
as the result of a change in the duties and responsibilities of a
given job class. Changes must not be of a short term nature of less
than one (1) year, transitory and/or minor in quantity or alteration.
The Secretary to the Merit System Commission.
A rate of pay established to compensate an employee for completion
of a unit of work, completion of a defined responsibility, or similar
assignment where the value of the accomplishment is compensated rather
than the hours worked. Employees paid on a session rate are not eligible
for benefits nor within-range advancements.
Suspension without pay, reduction in pay, demotion, or dismissal.
The appointment of an employee to another position in the
same pay grade.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 03-089 §2, 6-25-2003; Ord.
No. 03-155 §1, 10-1-2003; Ord. No. 10-009 §2, 1-27-2010]
A.
Organization And Operation Of The Merit System Commission.
1.
The Merit System Commission shall be structured according to Article VII, Section 7.501 of the Charter.
2.
The Merit System Commission shall meet at least monthly. Special
meetings may be called only by:
3.
The Merit System Commission may meet by telephone, but such meeting
shall be in accordance with the Sunshine Law.
4.
The Merit System Commission shall, at its first (1st) meeting in
July each year, elect from among its members officers of the Merit
System Commission who shall have the titles of Chairperson and Vice-Chairperson
of the Merit System Commission. Each officer shall serve in that office
at the pleasure of the Merit System Commission.
5.
The Chairperson or Vice-Chairperson shall preside at meetings of
the Merit System Commission, have a voice, vote on all questions before
it and have authority to:
6.
Vacancies or absences on the Merit System Commission caused by death, incapacity, resignation, expiration of term, or failure to attend three (3) consecutive regular meetings shall be filled forthwith by appointment pursuant to Article VII, Section 7.501 of the Charter.
7.
Meetings shall be conducted in general conformance with Robert's
Rules of Order, latest revision, except when the Constitution of Missouri,
the laws of Missouri, the St. Charles County Charter or ordinances
are to the contrary.
8.
A majority of the Merit System Commission must be present to conduct
business except as provided in Section 115.470.3.a regarding conduct
of hearings by a member of the Merit System Commission when functioning
as a hearing officer.
9.
Records of all the proceedings of the Merit System Commission shall
be maintained in accordance with Federal or State law or County ordinance.
Minutes, once approved, shall be filed with the County Registrar.
Records of the Merit System Commission, when they are no longer needed
by the Merit System Commission, shall be archived in the Registrar's
office. Tape recordings of the Merit System Commission meetings shall
be maintained for a minimum of twelve (12) months.
10.
An oath of office shall be administered by the County Registrar to
each Merit System Commissioner upon appointment or reappointment to
insure that the spirit and intent of the County Merit System shall
be observed, the welfare of the public upheld and substantial justice
is done.
11.
The Merit System Commission may retain hearing officers pursuant
to budgetary authority granted in the annual budget of St. Charles
County.
B.
Powers And Duties Of The Merit System Commission.
1.
Pursuant to Article VII of the St. Charles County Charter as amended,
the Merit System Commission shall:
a.
Review and evaluate the Merit System operation and from time to time
recommend to the County Council and the County Executive changes in
policies and procedures for improved operation of the Merit System;
and
b.
Recommend to the County Council and County Executive, for establishment
by ordinance, a basic pay plan, including the proposed assignment
of position classifications to pay ranges contained in the basic pay
plan as well as flat rates for full-time and part-time personnel and
session rates for positions to which the Merit System applies; and
c.
Set up and revise as necessary a position classification plan and
establish and amend rules for examination, certification and payment
of personnel within the appropriation of funds by the County Council
and other necessary details of personnel administration; and
d.
Hear appeals filed within the deadline set by Section 115.470.1.e
as provided by Section 115.470.1 and other ordinances, as applicable,
in cases of disciplinary actions by appointing authorities and shall
issue written findings of facts and conclusions setting forth its
determination.
(1)
After hearing and consideration of the evidence for and against
a suspension, demotion, reduction in pay or dismissal, the Merit System
Commission shall sustain, overturn or modify the action of the appointing
authority in accordance with the standards listed below:
(a)
The Merit System Commission shall sustain the action of the
appointing authority when:
(i)
The facts as set forth in the notice of discipline are supported
by a preponderance of the evidence; and
(ii)
The severity of the discipline imposed by the
appointing authority is deemed reasonable given the nature and seriousness
of the action(s) by themselves or considered in conjunction with prior
disciplinary actions or employee evaluations.
(b)
The Merit System Commission may overturn the discipline imposed
by the appointing authority when the appointing authority fails to
prove, through a preponderance of the evidence, the actions listed
as the reasons for imposing the discipline.
(c)
The Merit System Commission may modify the discipline imposed
by the appointing authority when:
(i)
The validity of substantial portions of the reasons listed by
the appointing authority for imposing the discipline are not supported
by the preponderance of the evidence; or
(ii)
The severity of the discipline imposed by the
appointing authority would be unreasonable based upon only those portions
of the reasons listed that are supported by the preponderance of the
evidence, giving consideration to the nature and seriousness with
prior disciplinary or performance records.
(iii)
The discipline was on account of race, creed,
disability, color, age, religion, national origin, gender, ancestry,
political affiliation or activity or lack thereof; or union membership
or non-membership.
(d)
When the Merit System Commission determines to modify the discipline
to a lesser degree, the Commission shall set forth the discipline
to be imposed in its findings of fact and conclusions.
(2)
The Merit System Commission may order back pay but only to the
extent such back pay is within the appropriation of funds by the County
Council to that department for payroll and such award shall be calculated
as follows:
(a)
An award of back pay for income lost by reason of suspension,
reduction in pay, demotion or dismissal, subject to the availability
and appropriation therefore, shall be calculated at the rate the aggrieved
party earned at the time of suspension, reduction in pay, demotion
or dismissal including any increases received by the class of the
aggrieved party during that period less any unemployment compensation
payments or other earned income received during that period of time,
less any mitigation income earned by the employee. The aggrieved party
shall be required to furnish any documents necessary to determine
his income or whether the income was received from other sources including
copies of Federal income tax returns, bank records, payroll check
stubs or other documentation; or
(b)
Where the appropriation of funds to a department is insufficient
to pay a back pay award, the Merit System Commission may recommend
to the County Executive and the County Council an additional appropriation
of funds to a department for the benefit of an aggrieved party.
(3)
The Merit System Commission may award attorney fees or costs
only in instances in which it makes a written finding that the decision
of the appointing authority was not substantially justified and such
award of attorney’s fees shall be limited to the following circumstances:
[Ord. No. 23-105, 12-18-2023]
e.
Hear appeals from decisions of the Human Resources Director in cases
involving examination and examination rating and, following consideration
of the facts, may:
(1)
Uphold the action of the Human Resources Director;
(2)
Order the correction of decisions made by the Human Resources
Director in examination and examination rating. Such corrections shall
be made immediately, but shall not have the effect of negating any
appointment or promotion which has been made from the affected eligible
list.
f.
Insure no discrimination or favoritism in employment or compensation
of County employees on account of race, creed, disability, color,
age, religion, national origin, gender, ancestry, political affiliation
or activity or lack thereof, or union membership or non-membership;
and
g.
Insure employees under the Merit System shall not be personally,
by any other employee, officer or elected official of the County,
solicited or required to pay any assessment or contribution or perform
any service which will benefit anyone occupying or seeking employment,
nomination or election to any public office; and
h.
Promulgate rules that employees under the Merit System may voluntarily
participate in political activities outside working hours; and
i.
Promulgate rules that no officers or employees of the County shall
promise or threaten to promote, remove or reduce any employee under
the Merit System for making or refusing to make any contribution for
any political party or purpose or for rendering or refusing to render
any political service and to that end, the Merit System Commission
may issue advisory opinions on complaints put to them by employees
and officers alleging a violation of the Charter or ordinances.
C.
Powers And Duties Of The Appointing Authority.
1.
The appointing authority of each department shall be responsible
for the personnel management of the department as provided by Federal
and State law, the Charter and ordinances of St. Charles County and
rules adopted by the Merit System Commission.
2.
The appointing authority may promulgate department rules for personnel
administration consistent with the Charter, the Personnel Administration
Program and subject to the approval of the Director of Administration
after consultation with the Human Resources Director. Such rules shall
be forwarded to the office of the County Counselor for review as to
consistency with this and other applicable ordinances and laws.
3.
The appointing authority of each department shall, subject to direction
by the Director of Administration and/or the County Executive, manage,
direct and supervise all personnel activities of the department; shall
appoint all officers, deputies, assistants and employees of the department
in accordance with the provisions of the Merit System, unless otherwise
provided by Charter or ordinance; and shall assign functions and duties
to such officers, assistants and employees and direct and control
their work.
D.
Powers And Duties Of The Human Resources Director Under The Merit
System. In addition to those powers and duties pertaining
to the administration of the overall Personnel Administration Program,
the Human Resources Director shall administer the Merit System and
have the power and duty to:
1.
Report to the County Executive and perform any duties, functions,
and managerial or investigative responsibilities assigned by the County
Executive not inconsistent with the Charter, applicable laws, or Merit
System Rules; and
2.
Exercise those powers and perform those duties required by ordinance
or rules of the Merit System Commission; and
3.
Function as the appointing authority for the Department of Human
Resources; and
4.
Maintain official employee personnel files in accordance with Part
1 of the Personnel Administration Program; and
5.
Certify all additions, deletions and changes in payroll for Merit
System employees; and
6.
Recruit applicants to fill vacancies; and
7.
Hold examinations, consult with appointing authorities as to the
qualifications of applicants and establish and maintain eligible lists;
and
8.
Certify names of candidates to appointing authorities for filling
vacancies covered by the Merit System; and
9.
Recommend to the Merit System Commission changes in the Classification
Plan; and
10.
Allocate new positions within the Merit System to position classifications
included in the Position Classification Plan as set forth in this
Part 2 of the Personnel Administration Program; and
11.
Prevent the suspension, layoff, or dismissal of or discrimination
against employees performing military duties pursuant to Chapters
41 and 42, and Section 105.270, RSMo.; and
12.
Recommend to the Director of Administration discipline in accordance
with this Part 2 of the Personnel Administration Program of any current
Merit System employee for the unauthorized release of examination
material including written test items, interview questions, or similar
confidential material; and
13.
Remove from consideration for appointment any applicant, and/or recommend
discipline to the Director of Administration in accordance with this
Part 2 of the Personnel Administration Program of any current Merit
System employee for attempting, or assisting anyone else who is attempting,
to gain advantage over other applicants for appointment or promotion
to Merit System positions through deceit, misrepresentation or fraud.
Disqualified applicants may appeal to the Merit System Commission.
14.
Recommend to the County Executive updates or amendments to St.
Charles County's Employee Code of Conduct. The Director shall provide
a copy of St. Charles County's Employee Code of Conduct to all County
employees and ensure all County employees execute an acknowledgment
of receipt.
[Ord. No. 19-019, 3-25-2019]
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010]
A.
Position Description. Each appointing authority shall maintain
a current position description for each position in his department.
B.
Classification Specifications. The Department of Human Resources
shall maintain a classification specification for each position classification
in each occupational series adopted by the Merit System Commission
and included in the Position Classification Plan. The classification
specifications shall be broad enough in scope so that positions with
similar responsibilities and duties and which require similar knowledge,
skills and abilities can be allocated to the same position classification.
The classification specifications shall accurately distinguish between
levels of position within the occupational series.
C.
Allocation Of Positions To Classifications. The Department
of Human Resources is responsible for comparing the descriptions for
each position within the departments with the classification specifications
and then is responsible for allocating each position to the most appropriate
position classification.
1.
The position classification of a position is determined when the
position is created, and is reviewed each time it is vacated and refilled.
The position classification may also be reviewed whenever there is
reason to believe that the responsibilities and duties have changed
so significantly that the position should more properly be allocated
to a different classification.
2.
Whenever it is determined, after consultation with the appointing
authority, that the classification of any position is inappropriate,
the position shall be reallocated to the position classification that
is most appropriate. The appointing authority and the incumbent, if
any, shall be notified of the change in classification.
3.
The effective date for any reclassification shall be the later of
the date on which the Human Resources Director issued the classification
decision, or the date on which all necessary changes to the Classification
Plan, the Basic Pay Plan, and the budget have been adopted.
D.
Establishment Of New Position Classifications.
1.
By Human Resources Director.
a.
Except as set out in Subsection D.2 below, whenever the Human Resources
Director, after consultation with the appointing authority, determines
that there is no appropriate position classification existing in the
Classification Plan to which to allocate a merit position or proposed
merit position, he shall develop a job description for the proposed
new position. The Human Resources Director shall then recommend that
the Merit System Commission adopt the new position classification
and add it to the Classification Plan. Following adoption of the new
classification, the Human Resources Director shall notify the appointing
authority.
b.
If the appointing authority and the Human Resources Director are
in agreement with the new proposed classification, recruitment activity
may commence in anticipation of the approval of the new Merit System
position classification by the Merit System Commission, but the appointing
authority may not fill the position until after Merit System Commission
approval and budget authorization for the position has been obtained.
2.
By executive power. Pursuant to powers granted under
the Charter, department heads, division heads, bureau and section
heads shall be established in the Classification Plan as the County
Executive determines necessary.
E.
Appeal Of Classification Decisions. Whenever the allocation
of a position is determined by the Human Resources Director, the employee
occupying the position or the appointing authority may appeal this
decision to the Merit System Commission.
F.
Official Titles And Working Titles Of Positions. The position
classification shall be the official title of the employee's position
and shall be the title utilized for payroll and budgeting purposes.
The appointing authority may use working titles for other purposes
whenever this is useful.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 06-144 §1, 11-1-2006; Ord.
No. 10-009 §2, 1-27-2010]
A.
Requisition Process. Whenever appointing authorities wish
to fill a vacancy, they shall, after consulting with the Human Resources
Director, prepare and submit a completed Personnel Requisition to
the Director of Administration. The Director of Administration may
request that the Personnel Requisition be accompanied by a current
position description and a list of minimum qualifications, special
knowledge, skills or ability required for the individual position.
Disputes about the minimum qualifications or the recruitment procedures
to be used shall be resolved by the Director of Administration. The
Personnel Requisition shall be submitted as far in advance of the
desired appointment date as possible.
B.
Position Announcements.
1.
Whenever a Personnel Requisition has been approved by the Director
of Administration, the position shall be given public notice in the
form of a position announcement by the Department of Human Resources
unless:
a.
The position is to be filled at the discretion of the appointing
authority by the appointment of an individual from the eligible list
or by transfer or demotion; or
[Ord. No. 23-105, 12-18-2023]
b.
There is an existing eligible list to which candidates have been
added in the preceding one hundred twenty (120) calendar days. Open
posting notices for occupational classes may be published on the County
website when the County is seeking, or expects to seek, multiple qualified
candidates for that occupational class or similar occupational classes.
Such candidates may be retained on the list for one hundred twenty
(120) days without posting another position announcement.
c.
There is a need to fill the position quickly to preserve the public
interest and a current eligible list exists containing the names of
suitably qualified individuals. The certification from such an eligible
list must be approved by the appointing authority and the Director
of Administration.
2.
Position announcements shall be posted for a minimum of five (5)
business days and may be posted for a longer period of time if the
Human Resources Director or the appointing authority feels additional
time shall be needed to attract a sufficient number of qualified applicants.
3.
The position announcement shall include the Position Classification
Title, the pay range, a summary of the position description, the minimum
necessary qualifications, an equal opportunity statement, an Americans
with Disabilities Act statement, a deadline by which applications
must be received in order to assure consideration, or notice that
applications shall be received until further notice, and any other
information deemed appropriate.
4.
When the appointing authority and the Human Resources Director agree
that there are a sufficient supply of non-probationary County employees
who possess the qualifications and are available for promotion, the
position announcement may specify that only non-probationary County
employees will be considered.
5.
All applications received prior to the deadline shall be included
in the screening process. The deadline may be extended by reissuing
the position announcement. When so noted on the position announcement,
applications received after the deadline may be considered if necessary
to assure that a sufficient supply of qualified applicants is available
for consideration.
6.
Copies of position announcements shall be posted on the Department
of Human Resources career page on the County’s website.
[Ord. No. 21-099, 12-20-2021]
C.
Examinations.
1.
Competitive and promotional examinations shall be established and
amended according to rules adopted by the Merit System Commission
and shall be of such character as to determine the relative qualifications,
fitness and ability of the persons tested to perform the duties required
of the position to be filled.
2.
The Human Resources Director may reject the application of any person
for admission to an examination if that person is found to lack any
of the required qualifications related to the position sought, has
been convicted of or pled guilty to a crime which is related to the
responsibilities and duties of the position sought, has made a false
statement of a material fact or practiced or attempted to practice
any fraud or deception in his application, examination or attempt
to secure appointment. Procedures for examination administration,
ratings and results are appealable in accordance with Merit System
Rules.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 06-144 §1, 11-1-2006; Ord.
No. 10-009 §2, 1-27-2010; Ord. No. 23-105, 12-18-2023]
A.
An
Eligible List is a list of applicants who have met all of the minimum
qualifications and successfully completed the necessary components
established in accordance with Merit System Rules for examinations,
including former non-probationary employees who were laid off or who
resigned in good standing from the County service during the last
two (2) years in the particular position classification when the available
position is in a department other than the one from which the applicant
was laid off or resigned. The Open Competitive Lists may be either
Position Specific or Occupation Specific.
1.
Re-employment list. A list of all former non-probationary
employees who were laid off or who resigned in good standing from
the County service during the last two (2) years in the particular
position classification and department from which they were laid off
or resigned and who have asked to be considered for re-employment
in that position and department. It shall be the responsibility of
the former employees to notify the County of any address changes.
2.
Open competitive list. A list of applicants who
have met all of the minimum qualifications and successfully completed
the necessary components established in accordance with Merit System
Rules for examinations, including former non-probationary employees
who were laid off or who resigned in good standing from the County
service during the last two (2) years in the particular position classification
when the available position is in a department other than the one
from which the applicant was laid off or resigned. The Open Competitive
Lists may be either Position Specific or Occupation Specific.
a.
A position specific list is tailored to the requirements of a specific
vacancy and a new eligible list is established for each vacancy that
expires when the position is successfully filled. Position specific
lists are used for recruitment in various departments for vacancies
which occur within a one hundred twenty (120) day period. If an insufficient
number of qualified candidates exist, candidates from a similar occupation
specific list may be considered.
b.
Occupation specific lists may be used to fill positions within the
same occupational group with similar qualifications or testing procedures.
Occupation specific lists include those candidates that have completed
all examination components. Candidates on the list are ranked by their
final converted scores.
B.
Order Of Certification. Upon receipt of an approved Personnel
Requisition, the Department of Human Resources shall immediately certify
up to fifteen (15) candidates for the position. In the instance of
multiple vacancies in the same position classification in the same
department, additional candidates may be provided.
C.
Removal From Eligible Lists.
1.
The Human Resources Director may remove an applicant's name from
the eligible list as allowed by rules promulgated by the Merit System
Commission or for the following:
a.
The applicant is no longer available for employment; or
b.
The applicant fails to respond to letters or phone calls concerning
their availability for employment or interview or fails to provide
notice of changed address or phone number; or
c.
The applicant refused to accept employment that they had previously
agreed to accept; or
d.
The applicant fails the pre-employment drug testing; or
e.
The applicant is appointed to a position in the same or higher pay
grade; or
f.
One (1) year has passed since the applicant's name was placed on
the eligible list.
2.
Following notice and an opportunity for the candidate to respond,
the Human Resources Director may remove the name of an applicant:
a.
When background investigations, reference checks, or other pre-employment
procedures conducted following the candidate's inclusion on the eligible
list reveal information materially affecting their suitability for
employment; or
b.
Has falsified their application or given false information during
the evaluation or selection process; or
c.
For other reasons as determined by the Merit System Commission.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 01-183 §1, 12-27-2001; Ord. No. 02-117 §3, 7-31-2002; Ord. No. 03-089 §3, 6-25-2003; Ord.
No. 03-155 §§2—3, 10-1-2003; Ord. No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010]
A.
Competitive Appointments.
1.
Appointments from eligibles. Except in cases of
re-employment, emergency and transfer appointments, vacancies in Merit
System positions are filled by the appointing authority from a selection
of persons certified as eligible for appointment by the Human Resources
Director. If the appointing authority cannot find an adequate appointment
from among those certified, the Director of Administration may instruct
the Human Resources Director to begin the recruitment and certification
process again.
2.
Temporary promotional appointments.
a.
Except as set out in Subsection c below, an employee who is given a temporary promotional appointment may apply for regular appointment to the position but may not be given any specific credit in the examination procedure for time spent in the temporary promotional status.
b.
Except as set out in Subsection c below, the temporary promotional appointment shall end and the appointee returned to his or her former position and rate of pay (or the rate he or she would be receiving except for the temporary promotional appointment) upon the regular appointment of a person to fill the vacancy.
c.
An employee who is given a temporary promotional appointment and
has performed in the position continuously and for such a period of
time that they have satisfactorily completed the promotional probationary
period shall be awarded the next available permanent position in their
department of that classification in which they have served their
promotional probationary period.
3.
Certification of payroll changes. No additions,
deletions or changes to Merit System employee payrolls may occur without
the certification of the Human Resources Director. The Human Resources
Director's decision to certify or not to certify changes in the payroll
may be overturned by the Director of Administration.
[Ord. No. 16-105 § 2, 12-19-2016]
4.
Probation. Appointments to positions are awarded
on a probationary basis and are subject to the provisions of probation.
[Ord. No. 16-105 § 2, 12-19-2016; Ord.
No. 20-095, 12-21-2020; Ord. No. 23-105, 12-18-2023]
a.
Probation, except for situations described in Subsection (A)(4)(b) below, is initially for a term of six (6) months. An extension of probation of up to six (6) months is at the discretion of the appointing authority, but the Director of Human Resources and the employee must be notified prior to the end of the original probationary period. After a six (6) month term of probation, the probationary employee gains non-probationary employee status unless the appointing authority extends probation.
b.
There are certain positions where the length of training or the seasonal nature of the duties and responsibilities require a longer period of probation. These will include, but not be limited to, licensed Peace Officers in the Police Department, Sheriff's Department and Department of Corrections, Correctional Officers in the Department of Corrections. Twelve (12) month probationary periods, without the possibility of extension except as provided in Subsection (A)(4)(c) below, may be required for these positions as a condition of employment upon the recommendation of the department head or elected official and with the prior approval of the Director of Administration. However, law enforcement employees who have completed an initial twelve (12) month probationary period and are promoted will serve a six (6) month probationary period in the new position unless extended. An extension of probation of up to six (6) months may be required at the discretion of the appointing authority or elected official, provided that the Director of Human Resources and the employee are notified of such extension prior to the end of the promotional probationary period.
c.
When a probationary employee is unable to report for duty for a period
of thirty (30) consecutive calendar days or more due to illness, injury,
or leave of absence (other than military leave), the term of the probation
shall be extended by the length of the period of absence.
B.
Non-Competitive Appointments.
1.
Reappointments.
[Ord. No. 23-105, 12-18-2023]
a.
A former employee who was laid off within the last two (2) years
shall be returned to duty when a vacancy exists for the same position
classification in the same department from which he was laid off.
If there are two (2) or more former employees laid off from the same
position classification in the same department, the employee returned
to duty shall be determined in the reverse order of layoff.
b.
Former non-probationary employees who resign in good standing and
who apply for re-employment may be appointed to vacant positions in
the same position classifications they previously occupied within
twenty-four (24) months of the date of resignation.
c.
Non-probationary employees who are promoted, then fail to successfully
complete their promotional probationary period, shall have the right
to return to the same position classification in the same department
from which they were promoted if such position exists and is vacant.
If not, such employees shall be eligible for rehire.
d.
Non-probationary employees who are appointed to a position which
is exempt from the Merit System shall retain the right to be returned
to a position in the same position classification and department as
previously held if such position exists and is vacant. If not, such
employees shall be eligible for rehire.
e.
Former employees whose names appear on the eligible list may be appointed
within twenty-four (24) months of their date of separation to a similar
position in the same or lower pay grade when the qualifications for
the position are similar and they have been certified as eligible
for appointment under the rules adopted by the Merit System Commission.
2.
Emergency appointments. When an appointing authority
determines it is essential to immediately fill a position to meet
an emergency the appointing authority may request approval from the
Director of Administration to make an emergency appointment. Emergency
includes, but is not limited to, a loss of public property or public
revenue, a threat to the public health, safety or welfare of citizens
or an inability of a department to deliver essential services. If
the Director of Administration grants that approval, the Human Resources
Director shall certify the candidate of the appointing authority subject
to the following procedures and conditions:
a.
No person may serve under emergency appointments for more than twenty
(20) working days unless authorized to do so by the Director of Administration;
and
b.
The Director of Administration may extend the length of emergency
appointments to a maximum of ninety (90) calendar days; and
c.
No person may serve under one (1) or more emergency appointments
for more than ninety (90) calendar days in a twelve (12) month period.
3.
Transfers.
a.
An appointing authority may at any time permanently assign an employee
from one position to another in the same position classification in
the same department. Upon such assignment, the appointing authority
shall immediately notify the Human Resources Director.
b.
The appointing authority may, with approval of the Director of Administration,
transfer an employee from a position in one classification to another
position in a different classification if the Human Resources Director
confirms that the positions are in the same pay grade and have the
same or similar minimum qualifications.
c.
Upon request of an employee and approval of both appointing authorities
and the Director of Administration, an employee may move from one
position to another position in another department if the Human Resources
Director confirms that the positions are in the same pay grade and
have the same or similar minimum qualifications.
d.
When warranted by County operations, the Director of Administration
may assign an employee from one position in one department, to another
position in another department, provided:
[Ord. No. 13-103 §5, 12-19-2013[1]]
(1)
The latter position is vacant;
(2)
The Director of Human Resources confirms that the
two (2) positions are in the same pay grade or the salary of the employee
can be reached on the new pay grade and the positions have the same
or similar minimum qualifications; and
[Ord. No. 19-019, 3-25-2019]
(3)
If the Department in which the latter position
exists is headed by an elected official, that official approves or
does not object to the employee's assignment.
[Ord. No. 19-019, 3-25-2019]
[1]
Editor’s Note: Section 5 of this ordinance provided
for the renumbering of former Subsection (B)(3)(d) as Subsection (B)(3)(e).
e.
This Section does not affect the power and duty of the County Executive
to make transfers under the Charter.
4.
Temporary promotional appointments. A department
head or elected official may, with the approval of the Director of
Administration, make a temporary promotional appointment when a vacancy
in the position of an assistant director, division director or section
manager occurs. Such appointment shall be approved only when leaving
the position vacant while the normal recruitment and selection process
occurs would jeopardize the proper oversight of one (1) or more significant
County functions or services.
The following conditions and provisions apply:
a.
An employee who is given a temporary promotional appointment may
apply for regular appointment to the position but may not be given
any specific credit in the examination procedure for time spent in
the temporary promotional status.
b.
The temporary promotional appointment shall end and the appointee
returned to his former position and rate of pay (or the rate he would
be receiving except for the temporary promotional appointment) upon
the regular appointment of a person to fill the vacancy.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 04-014 §1, 1-28-2004; Ord.
No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010]
A.
In
order to provide employees with information regarding expectations
of performance and whether they are meeting those expectations and
to acknowledge their efforts and suggest areas of improvement, it
is the policy of St. Charles County that a performance management
program be in place and evaluations be conducted. It is the goal of
St. Charles County that employees are active participants in the establishment
of performance expectations and evaluations. The evaluations shall
be given consideration in determining the following matters:
[Ord. No. 14-128 §8, 12-15-2014[1]]
B.
The
Human Resources Director shall structure an employee performance management
program which shall be approved by the Director of Administration.
A performance management program shall include the setting of goals
for each employee by the appointing authority or elected official,
as well as mid-year reviews, self-evaluations, and end-of-year performance
evaluations.
[Ord. No. 14-128 §8, 12-15-2014; Ord. No. 17-110 § 2, 12-18-2017; Ord. No. 19-112, 12-17-2019]
C.
Performance
Agreement; Probationary Performance Appraisals; Performance Evaluations.
[Ord. No. 14-128 §8, 12-15-2014; Ord. No. 19-112, 12-17-2019]
1.
Performance Agreement. At the beginning of every promotional
probation period or, for new hires, within thirty (30) days of hire,
the employee and his/her supervisor should meet to discuss performance
expectations, and the objectives and goals for that review period
shall be memorialized in a performance agreement with input from the
employee.
2.
Probationary Performance Appraisals. Performance appraisals
should indicate whether the probationary employee has met his/her
goals on a scale of 1 through 5 for the probationary period. Performance
appraisals shall be performed and reviewed with the employee at the
following times:
3.
Performance Evaluations. Performance evaluations for non-probationary
employees should indicate whether the employee has met his/her goals
on a scale of 1 through 5. Performance evaluations shall be performed
and reviewed with the employee at the following times:
a.
The annual review period is November 1 through October 31 unless
otherwise determined by the Director of Human Resources and covering
the preceding twelve-month period; and
b.
At the discretion of the appointing authority as an interim
performance evaluation whenever the level of performance significantly
improves or deteriorates.
D.
If performance appraisals or performance evaluations are not performed at the times required by Subsection (C)(2) and (3), above, then:
1.
A probationary employee shall gain non-probationary employee status as provided by Section 115.410(A)(4)(a), above; and
2.
A non-probationary employee shall earn the higher of the following evaluations [as defined in performance evaluation forms developed by the Human Resources Director pursuant to Section 115.420(B), above]:
E.
Performance
appraisals and evaluations shall be completed by the immediate supervisor
as designated by the appointing authority or by the appointing authority
as applicable and approved by the appointing authority. The immediate
supervisor or appointing authority shall review the evaluation with
the employee.
[Ord. No. 17-110 § 2, 12-18-2017; Ord. No. 19-112, 12-17-2019]
F.
When
employees have worked for more than one (1) supervisor during the
evaluation period, the evaluation shall be performed by the current
supervisor, but that supervisor shall consult with the previous supervisor
if available regarding the employee's performance.
G.
The employee shall have the opportunity to discuss the evaluation
with the supervisor and shall acknowledge receipt of the evaluation.
Acknowledgment of receipt does not signify that the employee agrees
with the rating.
[Ord. No. 17-110 § 2, 12-18-2017]
H.
The completed evaluation shall be maintained and available in a confidential
manner by the Human Resources Department.
[Ord. No. 14-128 §8, 12-15-2014; Ord. No. 17-110 § 2, 12-18-2017]
I.
Any employee except an appointing authority may appeal a performance
evaluation exclusively through the procedure described in this Subsection.
[Ord. No. 14-128 §8, 12-15-2014]
1.
An employee's appeal shall be brought within thirty (30) days
of the date the performance evaluation is delivered to the employee,
and such appeal shall be to the appointing authority, except in instances
where the appointing authority performed the evaluation. Copies of
such appeals shall be filed simultaneously with the appointing authority
and the Department of Human Resources.
2.
An appointing authority shall rule upon the employee's appeal
within thirty (30) days of the date the appeal is delivered to the
appointing authority. Copies of such rulings shall be issued simultaneously
to the employee and the Department of Human Resources.
3.
If an appointing authority timely rules upon an employee's appeal,
an employee may appeal that ruling to the Director of Administration
or his/her designee within thirty (30) days of the date the ruling
is issued.
4.
If an appointing authority fails to rule timely upon an employee's
appeal, the Department of Human Resources shall send the appeal to
the Director of Administration or his/her designee, and the Director
of Administration or his/her designee shall rule on the employee's
appeal within fifteen (15) days of the date by which the appointing
authority should have ruled.
5.
Where the appointing authority performed the evaluation, the
appeal shall be made directly to the Director of Administration or
his/her designee.
J.
Performance Improvement Plans.
[Ord. No. 19-112, 12-17-2019]
1.
County employees are expected to maintain adequate job performance
in order to ensure efficient government service and wise use of taxpayers'
dollars. A Performance Improvement Plan ("PIP") may be used when training,
retraining, or instruction can reasonably be expected to provide an
employee the opportunity to overcome a problem in their job performance
or when specific behaviors of the employee are impairing the efficient
delivery of services to, or on behalf of, the public by County government.
The purpose of the PIP is to set forth expectations and a plan to
improve the performance of the employee to an acceptable level.
2.
Suggested uses for a PIP include, but are not limited to, situations
in which:
a.
The non-probationary employee has received a performance evaluation
less than 3.0 overall; or
b.
The non-probationary employee has received a performance evaluation
in one (1) or more areas that is below two and zero tenths (2.0) and
in any particular area that the employee is not effectively performing
their job; or
c.
In conjunction with an evaluation conducted pursuant to Section 115.420(C)(3)(b) because the employee's performance has significantly deteriorated; or
d.
In conjunction with discipline in order to set forth a plan
for improved future performance.
3.
Suggested content for a PIP may include:
a.
The deficient evaluation, behavior, or discipline that has resulted
in the need for a PIP;
b.
The additional training, retraining, instruction, practice or
performance improvement that the employee needs to undertake or behaviors
that must be changed in undertaking job performance.
c.
The measurable performance expectations that will be used to
determine their success on the PIP.
d.
The deadline for the employee to receive review under the PIP.
The deadline shall allow sufficient time for any training or retraining
and for any skill development that must occur. The deadline shall
not typically be in excess of one (1) year.
4.
All PIPs shall be reviewed by the Director of Human Resources
prior to presentation to the employee.
[Ord. No. 23-105, 12-18-2023]
5.
All PIPs shall be signed and approved by the appointing authority,
a supervisor (if applicable), and the employee. A fully executed copy
of the PIP shall be provided to the employee and the Director of Human
Resources. The Director of Human Resources will place a copy of the
PIP within the employee’s personnel file.
[Ord. No. 23-105, 12-18-2023]
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 03-089 §4, 6-25-2003; Ord.
No. 03-155 §§4—7, 10-1-2003; Ord. No. 10-009 §2, 1-27-2010]
A.
Dismissal From Employment. All non-probationary and promotional probationary employees may be dismissed from their employment with the County in accordance with the provisions of Section 115.460, "Disciplinary Action". In addition, non-probationary and promotional probationary employees may be separated from their employment in the County service as set out in Subsections B through F below.
B.
Failure To Satisfactorily Complete The Probationary Period. Probationary employees and promotional probationary employees are
employed by the County on a trial basis to determine their suitability
before becoming a non-probationary employee in that position.
[Ord. No. 23-105, 12-18-2023]
1.
Probationary employees may be dismissed at any time for failure to
make satisfactory progress or successfully complete their probationary
period. A probationary employee has no right of appeal to the Merit
Commission when such employee is separated from County service during
the probationary period.
2.
Employees in promotional probationary status may be removed at any time from their promotional positions for failure to satisfactorily complete their probationary period. Employees in probationary status do not have merit system rights or privileges and may not appeal their termination for failing to successfully complete their probationary period. Such failure to complete the promotional probationary period is addressed by Section 115.410(B)(1)(c). Disciplinary action for promotional probationary employees is set out in Section 115.470(A)(1)(a).
C.
No-Fault Separation.
1.
An employee will be separated from County employment and removed
from the payroll under the following circumstances:
a.
The employee is unable or unwilling to report for duty and perform the essential duties of his or her position and light duty (in accordance with Section 115.160, "Light Duty") is not available or is not granted; and
b.
[1]The employee is not on approved leave of absence in accordance with Section 115.290, "Leave of Absence Without Pay" or accrued leave or compensatory time, if any; and the employee has not been approved for FMLA coverage or has exhausted such coverage.
[1]
Editor’s Note: Former Subsection (C)(1)(b), which listed
the employee having exhausted any Family Medical Leave Act (FMLA)
entitlement as a reason for being terminated from County employment,
was repealed by Ord. No. 19-112, 12-17-2019. This ordinance also provided
for the redesignation of former Subsection (C)(1)(c) as Subsection
(C)(1)(b).
2.
A no-fault separation shall not be processed unless the employee
has received written notice of the action at least five (5) calendar
days before the employee is to be removed from County service.
3.
The written notice shall contain the following:
b.
A statement that the employee may present information to the appointing
authority showing such information presented by the appointing authority
is incorrect and in what manner it is incorrect.
c.
Information that an employee who has been removed from the County
service through no-fault separation may seek review of the appointing
authority's decision from the Director of Administration. The employee's
request for review by the Director of Administration must be received
by the Director of Administration within seven (7) calendar days of
the date of separation.
4.
A request for review by the Director of Administration shall contain
the following:
a.
The name, home address and phone contact information of the person
seeking review; and
b.
The specific information concerning Section 115.430(C)(1)(a) and (b) which the person alleges is incorrect or any information in mitigation.
[Ord. No. 20-095, 12-21-2020]
5.
The Director of Administration shall issue a decision in writing
and such decision shall be final. The decision of the Director of
Administration shall not be appealable to the Merit Commission.
6.
An employee who has been removed from County service by a no-fault
separation may be eligible for rehire.
[Ord. No. 23-105, 12-18-2023]
D.
Job Abandonment. When an employee fails to report for scheduled
duty without calling, in accordance with department procedures, and
such failure persists for three (3) consecutive scheduled workdays,
the employee has abandoned his employment and the appointing authority
may proceed to notify the Director of Human Resources that the employee
is to be removed from County service as follows:
1.
Following three (3) consecutive scheduled workdays during which the
employee failed to report for scheduled duty and failed to call in
following required procedures, the appointing authority shall send
notice by registered mail with return receipt, or like mail service
with delivery confirmation, to the last known address of the employee.
a.
The notice shall be sent to the employee in a manner that allows
for "proof of mailing".
b.
The notice shall state that the employee has abandoned his job as
of the close of business of the third (3rd) consecutive scheduled
workday for which the employee failed to report or for which the employee
did not call in, and thus has been removed from the County service.
c.
The notice shall inform the employee that the employee has seven
(7) calendar days from the date of mailing to contact his appointing
authority and apply, in writing, for reinstatement. Such application
for reinstatement shall set forth the employee's justification for
failing to report or call in. If the employee fails to contact the
appointing authority within seven (7) days from the date of mailing,
the employee has forfeited the opportunity for reinstatement, but
may apply for employment through the normal County employment process.
[Ord. No. 21-099, 12-20-2021]
2.
If the employee applies for reinstatement, the appointing authority
shall review the justification for failing to report or call in and
shall determine whether to reinstate the employee.
a.
If the appointing authority determines separation from County service
for job abandonment is not appropriate, the appointing authority may
impose disciplinary action and/or denial of paid leave. All employees
reinstated shall have their leave balances, all other benefits and
seniority restored as if the employee had not experienced a break
in service. If an appointing authority determines separation from
County service is not appropriate, he shall notify the employee in
writing of his decision, including any alternative disciplinary action,
if appropriate, and forward that decision to the employee in a manner
that allows for "proof of mailing" and "proof of receipt".
b.
If an appointing authority determines separation from County service
is appropriate, he shall notify the employee in writing of his decision
and forward that decision to the employee in a manner that allows
for "proof of mailing" and "proof of receipt".
3.
An employee who has been removed from the County service for job
abandonment may seek review of the appointing authority's decision
from the Director of Administration. The employee's request for review
by the Director of Administration must be received by the Director
of Administration within seven (7) calendar days of the date of receipt
of the notice.
4.
A request for review by the Director of Administration shall contain
the following:
5.
The Director of Administration shall issue a decision in writing
and such decision shall be final. The decision of the Director of
Administration shall not be appealable to the Merit Commission.
E.
Layoffs. The County shall make every reasonable and proper
effort to avoid the necessity to lay off employees. However, when
there is a need to reduce the number of employees because of a lack
of funds, a lack of work or other circumstance, the County shall proceed
to make the necessary layoffs in accordance with the following procedures:
1.
The Director of Administration, in consultation with the appointing
authority, shall determine the department's needs and decide from
which classification the layoffs are to be made.
2.
The number of positions in each classification to be eliminated shall
be reported to the appointing authority by the Director of Administration.
If the needs of the County dictate that one (1) or more employees
possessing specialized skill, knowledge, ability, certification or
licensure be retained, this requirement shall be included in the notification.
The appointing authority shall determine the order of layoff by applying
the following criteria:
a.
Employees hired on an emergency appointment; followed by
b.
Employees occupying temporary positions in reverse order of their
length of service (except that non-probationary employees occupying
temporary positions shall be considered in the group described in
Subsection 2.d below); followed by
c.
Employees who are in their probationary period (except those who
have been in a temporary promotional position or temporary assignment
long enough that they have successfully completed their promotional
probationary period) in reverse order of their length of service;
followed by
d.
Remaining employees in the affected classes, including those who
have been in a temporary promotional position or temporary assignment
long enough that they have successfully completed their promotional
probationary period, who shall be designated for layoff by the appointing
authority, with the approval of the Director of Administration, giving
consideration to their merit and ability.
3.
The effective date of the layoff shall be established by the Director
of Administration with the advice of the appointing authority.
4.
Employees who are to be laid off shall be given as much notice as
possible, but in no circumstances less than two (2) weeks. The notice
shall contain the precipitating reason for the layoff and may contain
an offer of assistance with seeking other employment with the County
or other employers.
5.
When the layoffs have occurred, the Human Resources Director shall
be advised and shall certify the removal of the employees from the
payroll.
6.
Non-probationary employees whose names appear on the layoff list
do not have the right to "bump" (transfer or demote) into a filled
position. Promotional probationary employees do have the right to
"bump" back into their former class of position in their former department
if such a position is vacant or if such a position is occupied by
an employee who has been appointed on an emergency basis or has not
yet completed their probationary period.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010]
A.
When
the County acquires or assumes responsibility for the management and
operation of any governmental, public or quasi-public agency or utility,
non-profit service organization, or any component or subgroup thereof,
all individuals who are employed by the acquired organization may
be granted non-competitive conversion to the Merit System and are
subject to all it entails.
1.
Status. The status of individuals who are employed
by the acquired organization, whether probationary, promotional probationary
or non-probationary, shall be determined and shall remain unchanged
and continue unaffected by the conversion.
2.
Employee relations. Effective on the date of conversion,
any previously negotiated contracts, understandings between the individuals
and former employer, and conditions of employment, whether stated
or implied, shall be deemed null and void.
3.
Classification and pay administration. The County's
Position Classification Plan and Basic Pay Plan shall apply in all
instances of non-competitive conversion. In such cases, the Human
Resources Director shall allocate each position to the appropriate
position classification prior to conversion. No individuals shall
suffer reduced pay by virtue of conversion. Any pay increases shall
be subject to the following rules:
a.
If the compensation for the position is below the pay range for its
new position classification, the compensation shall be raised to the
minimum of that pay range.
b.
If the compensation for the position is within the pay range for
its new position classification, the compensation shall remain unchanged,
but may be augmented later as permitted by the Personnel Administration
Program.
c.
If, and so long as the compensation for the position is above the
pay range for its new position classification, the compensation shall
remain unchanged but may be augmented thereafter as permitted by the
Personnel Administration Program.
4.
Paid leave benefits. Eligibility for accrual and
use of paid leave benefits of the County's leave programs shall begin
upon conversion. Accrual rates shall recognize prior service with
the acquired agency or jurisdiction as if its employees had been employed
by the County. Existing leave balances documented by the appointing
authority and consistent with the County's leave program shall be
transferred after audit and adjustment by the Human Resources Director.
Accrued benefits not consistent with County leave programs and all
accrued compensatory time balances must be used or paid to the individuals
prior to conversion.
5.
Other compensation. Only the forms of compensation
and benefits permitted by the County shall be provided to individuals
who are converted to the Merit System in accordance with terms of
the conversion.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 04-114 §1, 7-28-2004; Ord.
No. 10-009 §2, 1-27-2010]
A.
The
Charter defines specific political activities which are prohibited
for all employees and elected officials. In addition, the Charter
specifies that the Merit System Commission shall insure that employees
not be discriminated against "on account of ...political affiliation
or activity or lack thereof". This Chapter is designed to remove partisan
political activity from the workplace. The Merit System Commission
shall actively investigate and recommend penalties whenever suspected
violations of the provisions of the Charter and this Part 2 of the
Personnel Administration Program exist.
1.
Political activity outside working hours.
a.
Merit System employees may voluntarily participate in political activities
outside working hours subject to the prohibitions listed in this Section
and in accordance with rules promulgated by the Merit System Commission.
b.
Merit System employees are encouraged to be informed citizens, to vote and to take part in the political process. This Section does not prohibit, subject to the provisions listed in Subsection (2) below, any employee in the Merit System from membership in a political club or organization, from attendance at political meetings, from enjoying entire freedom from all interference in casting their vote, from expressing their opinions on all political questions while off duty and away from the work site, nor from seeking or accepting appointment or election to public office.
2.
Prohibited political activity.
a.
Political activity may not take place on County work sites. Political
activity shall include:
(1)
The solicitation of contributions for a political candidate,
a political party or a partisan or non-partisan political purpose;
(2)
The solicitation of votes for a political candidate, a political
party or a ballot issue, or the solicitation of service in behalf
of a political candidate, a political party or a ballot issue;
(3)
The distribution of partisan or non-partisan campaign literature
at the work site; and
(4)
Initiating or circulating partisan or non-partisan nominating
petitions at the work site.
b.
The wearing of political buttons, stickers or other sign of the person's
private political belief on the person of the Merit System employee
is prohibited in the workplace. Bumper stickers or other political
signs on the personal vehicle of a Merit System employee shall be
considered to be private political expression and shall not be prohibited.
c.
County uniforms, County-issued identification badges, and/or County
insignia shall not be worn or displayed while engaged in political
activity.
d.
Partisan and/or non-partisan election materials shall not be affixed
to, stored in, distributed from or made available at or on any County
property or County vehicle. Historical political materials may be
used as decoration or displayed in office space assigned to an individual
employee only if that space is not generally accessible to the public.
No such materials may be affixed to windows or doors of any office.
Historical political materials or memorabilia shall not include materials
which depict a current office holder of a particular State, local
or national elected office.
e.
Merit System employees may not act or conduct themselves as representatives
of County government while participating in any partisan or non-partisan
political activity. If the Merit System employee identifies his/her
employer as St. Charles County or any of its departments or divisions
in any political forum, then the employee shall positively state that
they are not representing the views of St. Charles County.
f.
County equipment, materials, supplies, transportation, etc. may not
be utilized for any political activity.
g.
Neither elected officials nor employees shall personally solicit
or require any Merit System employee to pay any assessment or contribution
or perform any service which shall benefit anyone occupying or seeking
employment, nomination or election to any public office.
h.
Neither elected officials nor employees shall promise or threaten
to promote, remove or reduce any employee under the Merit System for
making or refusing to make any contribution for any political party
or purpose, or for rendering or refusing to render any political service.
3.
Reporting alleged prohibited political activity. Reports of alleged prohibited political activity shall be made in
writing and in detail. Complaints shall be signed and contain the
phone number of the complainant. The complaint shall be sent to the
Chairperson of the Merit System Commission in care of the Merit System
Secretary. The envelope shall be sealed and marked as confidential.
The complaint shall be forwarded directly to the Chairperson and shall
not be opened by the Merit System Secretary.
5.
Sanctions.
a.
When a Merit System employee who has been found by the Merit System
Commission to have engaged in political activities forbidden by the
Charter or this Part 2 of the Personnel Administration Program, the
Merit System Commission may refer the matter to the Director of Administration
under Section 115.370.B.2.c of this Part 2 of the Personnel Administration
Program.
b.
When employees exempted from the Merit System are found to have violated Article VII, Sections 7.502.5 or 7.502.7 of the Charter or Subsection 2 of this Section of this Part 2 of the Personnel Administration Program, the Merit System Commission shall refer the matter to the Director of Administration.
c.
When elected officials are found to have violated Article VII, Sections 7.502.5 or 7.502.7 of the Charter or Section 7.502.5 or Subsection 2 of this Section of this Part 2 of the Personnel Administration Program relating to political activities, the Merit System Commission shall refer the matter to the County Council.
d.
When the Director of Administration is found to have violated Article VII, Sections 7.502.5 or 7.502.7 of the Charter or Subsection 2 of this Section of this Part 2 of the Personnel Administration Program relating to political activities, the Merit System Commission shall refer the matter to the County Executive and the County Council.
6.
Authority for opinions on political activity. Employees
in doubt as to whether a proposed activity is in conflict with this
Section should seek an opinion from the Merit System Commission before
engaging in such activity.
7.
The Hatch Act. If any Merit System employee, due
to the source of departmental funding, becomes covered by the Hatch
Act or other similar Federal or State law governing political activities,
it shall be the duty of the appointing authority to so advise the
employee. It shall then be the employee's responsibility to comply
with the provisions of the Federal or State law in addition to the
provisions of Part 2 of the Personnel Administrative Program and Merit
System rules.
8.
Voting. Employees shall be encouraged to exercise
their privilege to vote. Normally employees shall be expected to vote
during off-duty hours. In accordance with applicable law, voters may
be absent from employment for a period of three (3) hours while the
polls are open for the purpose of voting without threat of discharge,
discipline or deduction in pay. The employee shall request a leave
of absence for voting purposes from his/her department head prior
to the day of an election when they do not have three (3) successive
hours while the polls are open in which he or she is not scheduled
to work. The department head may specify any three (3) hours between
the time of opening and the time of closing the polls during which
such employees may be absent.
[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 10-009 §2, 1-27-2010; Ord.
No. 12-019 §2, 3-2-2012; Ord. No. 12-083 §10, 11-5-2012]
A.
Progressive Discipline. It is the policy of St. Charles County to utilize a progressive disciplinary approach to address behavior and performance problems. Progressive discipline involves the imposition of increasingly severe disciplinary procedures when behavior or performance problems persist. Disciplinary action may also be accompanied by a Performance Improvement Plan ("PIP"), as provided in Section 115.420(J). Progressive discipline is not required for probationary employees. Possible disciplinary actions which may be taken are:
[Ord. No. 19-112, 12-17-2019; Ord. No. 23-105, 12-18-2023]
1.
Oral counseling or retraining. The employee is told
of the problem and what is expected in the future. If a training problem
exists, the necessary remedial training is given. The emphasis is
on solving the problem quickly upon discovery. All oral counseling
or retraining is documented in the supervisor's records.
2.
Written reprimand. The employee is presented with
a written account of the problem and a description of the actions
to be taken or the type of behavior which is expected in the future.
Whenever there is a violation of a particular written policy or work
rule, this shall be referenced. A copy of the written reprimand is
forwarded to the Department of Human Resources for inclusion in the
personnel file of the employee.
3.
Suspension. The employee is removed from work and
suspended without pay for a specified period of time. The length of
the suspension shall be from one (1) to twenty (20) workdays.
4.
Reduction in pay. In lieu of a suspension, the appointing
authority may order the temporary reduction of the employee's pay.
The reduction in pay can be up to six percent (6%) of the employee's
wages for a period of up to three (3) months or a comparable amount
if below the pay range.
5.
Demotion. The employee may be demoted to a vacant
position in a lower pay range.
6.
Dismissal. The employee is terminated from the County
position.
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Not all steps as listed above must be utilized. The number and
sequence of disciplinary actions taken prior to dismissal or demotion
shall be tempered by the nature of the problem and the employee's
prior disciplinary and performance record.
|
B.
Exceptions To Progressive Discipline. Some inappropriate
behavior or unacceptable performance is so disruptive, unsafe, or
prejudicial to the County, that immediate and severe disciplinary
action may be warranted without the use of progressive discipline.
Examples would include but would not be limited to:
[Ord. No. 23-105, 12-18-2023]
1.
Physical or verbal abuse of a supervisor, fellow employee, or citizen;
2.
Falsification of official records;
3.
Commission of an act that results in misdemeanor or felony charges
or convictions;
4.
Violation of the County's Policy on Drugs and Alcohol;
5.
Insubordination by failure to carry out a direct order;
6.
Theft, misuse or unauthorized use of or access to County property,
supplies or equipment, including the County's computer network, systems,
software or data;
7.
Unauthorized possession of a weapon while on duty;
8.
Endangering the health and/or safety of fellow employees; and
C.
Investigation Prior To Severe Disciplinary Action. Prior
to taking severe disciplinary action, an appointing authority shall
investigate or cause to be investigated the facts and allegations
warranting the proposed action.
1.
The appointing authority may conduct the investigation personally.
Alternatively, the appointing authority may designate another to conduct
the investigation.
2.
For many alleged infractions, an employee may continue to work while
the matter is being investigated and disciplinary action is being
considered. However, the appointing authority may relieve an employee
from duty without pay for not more than five (5) working days pending
an investigation into alleged disruptive, destructive or grossly inappropriate
behavior or performance, or when the employee's presence jeopardizes
the investigation or preservation of evidence. With the prior approval
of the Director of Administration, such relief from duty may be extended
beyond five (5) working days when additional time is needed to complete
the investigation.
3.
When an employee is removed from duty pending investigation
and possible severe disciplinary action based on the above criteria,
the employee may be placed on unpaid leave, or at the employee's option,
may be placed on paid time off or earned compensatory time. If no
suspension without pay, reduction in pay, demotion or dismissal is
imposed within a reasonable time not to exceed thirty (30) calendar
days, the employee shall have the time restored to his/her balance
unless otherwise provided for below; or if no leave was used, the
employee shall receive full compensation for the time missed. In such
cases, the Director of Administration shall instruct the Department
of Finance to restore the employee's accrued time or unpaid compensation,
without however barring an appointing authority from instituting such
disciplinary action as may be appropriate.
[Ord. No. 15-121 §2, 12-21-2015]
a.
If an employee resigns prior to any disciplinary action taken
by the appointing authority or elected official, compensation will
not be provided to the employee for unpaid leave nor shall the Director
of Finance restore the employee's accrued paid time off or compensatory
time used during the removal from duty pending investigation.
b.
Employees who resign prior to any disciplinary action may request
restoration of paid time off or compensatory time used during the
removal pending investigation. This request must be in writing and
submitted to the Director of Administration within ten (10) days of
submission of resignation. The employee's written request and the
written determination of the Director of Administration shall become
a part of the employee's personnel file. The decision of the Director
of Administration shall not be appealable to the Merit Commission.
c.
Employees who resign prior to the conclusion of disciplinary
action are not eligible for rehire.
D.
Pre-disciplinary Review Prior To Severe Disciplinary Action. A pre-disciplinary review is an informal opportunity for the employee
to learn of the proposed severe disciplinary action and to present
any information which the employee feels should be considered prior
to a final decision being made.
No suspension, reduction in pay, demotion or dismissal shall
be taken against a non-probationary or promotional probationary employee
unless they have been given the opportunity to have a pre-disciplinary
review. The employee must be given the following information in writing:
1.
The proposed discipline being considered; and
2.
The general reason for the proposed discipline; and
3.
The right to a pre-disciplinary review; and
4.
The manner in which the employee must schedule the review, or as
an alternative, the date and time of the review which must be at least
two (2) working days following receipt of the notice unless the employee
agrees to a shorter time frame; and
5.
The opportunity for the employee to bring one (1) person to the pre-disciplinary
review; this individual may act as an observer but will not be permitted
to take part in the proceeding.
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The actual pre-disciplinary review shall be conducted by the
appointing authority or his designee. Following the pre-disciplinary
review, the information presented by the employee shall be considered
and any additional investigation conducted.
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E.
Processing And Imposing Disciplinary Action.
[Ord. No. 15-121 §2, 12-21-2015]
1.
Oral counseling, retraining, and written reprimands are issued in
accordance with procedures established for the department by the appointing
authority and in accordance with Part 2 of the Personnel Administration
Program. Copies of all written reprimands shall be sent to the Department
of Human Resources for inclusion in the employee's file.
2.
If, after pre-disciplinary investigation and review, an appointing
authority decides to take severe disciplinary action, the appointing
authority shall, after submitting the Notice of Proposed Discipline,
the employee's response and any other information requested by the
Director of Administration, and upon receiving the approval of the
Director of Administration, give written notice of the chosen disciplinary
action to the employee and to the Department of Human Resources. The
written notice shall include the following:
a.
The effective date of the chosen disciplinary action;
b.
The reasons for the action which may include one (1) or more of the
following:
(1)
The employee is unwilling or unable to perform the duties or
their position in a satisfactory manner; or
(2)
The employee has committed an act or acts prejudicial to the
County service; or
(3)
The employee has omitted to perform an act or acts it was his
duty to perform; or
(4)
The employee has rendered service that is below satisfactory
standards or has otherwise become subject to disciplinary or other
corrective measures; or
(5)
The employee has violated the Charter, constitutional or statutory
prohibitions against conflicts of interest.
c.
The appropriate details which shall include:
(1)
References to prior disciplinary actions; and
(2)
Except in cases of dismissal, a warning that further unacceptable
performance or inappropriate behavior will result in more severe disciplinary
action including dismissal.
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Immediately upon receiving notice of severe disciplinary action,
the Director of Human Resources shall place it in the employee's personnel
file and certify resulting changes in payroll.
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[Ord. No. 99-138 §§1—3, 10-27-1999; Ord. No. 03-089 §5, 6-25-2003; Ord.
No. 04-014 §2, 1-28-2004; Ord. No. 04-114 §2, 7-28-2004; Ord.
No. 06-144 §1, 11-1-2006; Ord. No. 10-009 §2, 1-27-2010]
A.
Chapter
536, RSMo., shall govern appeals filed under this Section whenever
applicable.
1.
Appeal rights.
a.
A non-probationary or promotional probationary merit system employee
may appeal disciplinary action taken against him in the form of a:
b.
An applicant, Merit System employee or appointing authority may appeal:
(1)
Examination procedures and/or results;
(2)
Ratings;
(3)
Allocations; and
(4)
Failure by the appointing authority to appoint, in accordance
with Section 115.410.B.1.b, a former non-probationary employee to
a position in the same classification and in the same department from
which he was laid off within the last twenty-four (24) months.
c.
Verbal counseling and written reprimand are not appealable, but the
employee may submit a written response to a written reprimand that
shall become part of the employee's personnel file.
d.
Waiver of appeal rights. The failure of an aggrieved
party to appeal in the manner, form and within the time required under
this Part 2 of the Personnel Administration Program or rules adopted
by the Merit System Commission or the failure to prosecute an appeal
before the Merit System Commission shall be a waiver of all appeal
rights.
e.
Time to appeal. An aggrieved party shall have fifteen
(15) calendar days from receipt of the notice of a decision to file
an appeal.
f.
Form of appeal. All appeals shall be submitted to
the Chairperson of the Commission in writing on forms provided by
the Secretary and shall contain the following:
(1)
The name, home address, and home and work phone numbers of the
aggrieved party;
(2)
The position held (if any) by the aggrieved party;
(3)
The nature of the action taken;
(4)
The reason for the appeal;
(5)
The remedy requested; and
(6)
The name, address and phone number of the appellant's legal
counsel if represented.
g.
Notification procedure. Upon receipt of an appeal,
the Chairperson shall notify all parties in writing of the time and
place of the hearing, and of the procedures to be followed in considering
the issues raised.
2.
Hearing date.
a.
The Chairperson of the Merit System Commission shall within a reasonable
time set the hearing date giving consideration to:
(1)
The presence of other appeals and requests for consideration
pending before the Merit System Commission;
(2)
The impact of the action appealed upon the individual and the
County; and
(3)
The availability of a quorum of Merit System Commissioners,
the appellant, the appointing authority or his/her representative,
and legal counsels.
3.
Hearing procedure.
a.
The matter shall be heard by a quorum of the Merit System Commission.
In the alternative, the Merit System Commission Chairperson may appoint
a neutral hearing officer who is a member of the Merit System Commission
or is retained from a source outside County employment to hear the
matter and make a record to be reviewed by the Merit System Commission
which shall then make the decision.
b.
All hearings shall be held at the location designated in the public
notice.
c.
Hearings shall be closed to the public unless both parties agree
to an open hearing in conformance with Chapter 610, RSMo. ("Sunshine
Law") and amendments thereto.
d.
Aggrieved parties may be represented by counsel.
4.
Investigations.
a.
Any party to an appeal may request the County Council to issue subpoenas or subpoenas duces tecum as provided by Article II, Section 2.531 of the Charter. Where a party desires the issuance of a subpoena for any witness or records at any hearing, that party must apply to the Council sufficiently in advance of the hearing so that the subpoena may be delivered to the requesting party by mail or by FAX at least three (3) working days before the hearing. The requesting party shall provide the name and address of any witness subpoenaed, a detailed description of any records to be subpoenaed and a statement of what is intended to be proven by the records. The Council Chair or his designee issues the subpoena by request, but the service of the subpoena rests in the hands of the party requesting it. Service of the subpoena is to be effected in accordance with Section 536.077, RSMo., and the County Council may enforce the subpoena as provided by Section 536.077, RSMo.
b.
Notice of the issuance of the subpoena shall be provided to all parties
of the Merit System Commission at the time of issuance.
c.
The Council Chair or his designee may hear motions to quash by telephonic
hearing.
5.
Attendance, witnesses and subpoenas. The following
parties shall attend hearings:
a.
The aggrieved party;
b.
The appointing authority or the appointing authority's designee;
c.
The Secretary to the Merit Commission; and
d.
Witnesses appearing by agreement or subpoena, at the time such witnesses
are required to testify, subject to requests by parties for the exclusion
of witnesses from hearings except when testifying.
6.
Decisions of the Merit System Commission. All decisions
of the Merit System Commission shall be final.
a.
The decision shall be rendered by a majority of the Merit System
Commissioners who are qualified to vote on the appeal by attending
the entire hearing, listening to the tape recording or reading the
transcript of the hearing and reviewing the exhibits.
b.
No party or his counsel shall be present at deliberations of an appeal
unless all parties or their representatives are present or been provided
the opportunity to attend. Deliberations may be closed pursuant to
Section 610.021(3), RSMo.
c.
All decisions following hearings shall be in writing. The Merit Commission
shall not merely adopt the findings and conclusions proposed by a
party, but shall author a decision and order which shall include findings
of fact, conclusions and a decision. The findings of fact shall be
stated separately from the conclusions and shall include a concise
statement of the findings on which the Merit Commission bases its
order.
d.
All decisions shall be rendered within sixty (60) calendar days following
the end of the hearing and the final submittal of all evidence and
briefs. The Merit Commission shall give written notice of its decision
by delivering or mailing such notice to each party or his attorney
of record.
e.
The Merit System Commission may order remedies in accordance with
Sections 115.370.B.1.d or 115.370.B.2.b of this Part 2 of the Personnel
Administration Program.
7.
Employee grievance procedure.
a.
Sometimes situations occur on the job which have a negative effect
upon employee morale and for which no other avenue of relief is available
in the Personnel Administration Program. Employees need to feel that
a mechanism exists to allow consideration and resolution of these
issues. The Employee Grievance Procedure is meant to address these
issues and includes the following steps:
(1)
Step 1.
(a)
The employee meets with his/her immediate supervisor in an attempt
to resolve the matter informally and quickly. The employee describes
the nature of the grievance and the specific relief or actions that
he/she is requesting. This initial informal meeting should occur within
five (5) working days following the incident. The supervisor is responsible
for consulting his/her superiors, through the chain of command and
making any necessary investigation. The supervisor shall inform the
employee in writing within ten (10) working days of the initial meeting
with the employee as to whether the relief or action requested can
or will be implemented. As part of Step 1, other members of the chain
of command including the elected official or department head may choose
to meet informally with the employee.
(b)
Every effort should be made to resolve the matter at Step 1.
However, when the employee requests and the appointing authority concurs,
Step 1 may be by-passed and the employee may start with Step 2.
(2)
Step 2.
(a)
If the matter is not resolved to the satisfaction of the employee
at Step 1, he/she may submit an "Employee Grievance Procedure Form"
available from the Department of Human Resources. The employee shall
describe in writing the nature of the grievance and the specific relief
or action that he is requesting. The form shall be forwarded to the
appropriate elected official or department head within five (5) working
days. The elected official or department head will consider the information
given and may conduct any necessary investigation. The elected official
or department head will respond by completing the appropriate section
of the Employee Grievance Procedure Form advising the employee as
to whether the relief or action requested can or will be implemented.
This form shall be returned to the employee within ten (10) working
days following receipt.
(b)
When the employee requests and the appointing authority concurs,
Step 2 may be by-passed and the employee may start with Step 3.
(3)
Step 3. If the matter is not resolved at Step
2 to the satisfaction of the employee, he may complete the appropriate
section of the Employee Grievance Procedure Form indicating why he
is dissatisfied with the decision of the elected official or department
head. The form is then forwarded to the Director of Administration
for final determination as to whether the relief or action requested
can or will be implemented. The written conclusion of the Director
of Administration shall be entered in the appropriate section of the
form. Copies of the completed form will be returned to the employee,
and the elected official or department head, both of whom will be
expected to abide by the decision of the Director of Administration.
[Ord. No. 14-128 §9, 12-15-2014]
b.
The Employee Grievance Procedure may not be used for classification
or compensation actions, or disagreements with policies established
by the County Council or the County Executive. A separate procedure
is used to appeal disciplinary actions.
c.
The Human Resources Director shall be provided with a copy of all
grievance procedure forms and attachments for inclusion in the employee's
personnel file.
[1]
Editor's Note—These sections have been reserved for
future use by the county for additional provisions concerning personnel.
