Topic D - Employee Responsibilities: (Sections 6,7,8,9,10,11,12,13,14)

The overall goal of Human Resources is to assist in building and deploying an effective, diverse and highly functioning workforce. This goal is accomplished through policy development, implementation, evaluation and overseeing. Therefore, notification is important in maintaining a well structured environment.

The following is information that all Elected officials, Department Heads and/or Supervisors should share with Human Resources as soon as the superior is made aware:

1. Any Employee within your supervision that incurs an injury or illness while working;
2. Any Employee within your supervision that incurs an injury or illness away from work, requiring that employee to be off work for a period of at least 3 days, or the Employee was hospitalized;
3. Any FMLA situation (an Employee’s overnight stay in the hospital / off work for more than 3 consecutive days.);
4. Any Employee that is a one day no call, no show;
5. Whenever a position becomes open;
6. Any new hire is to be reported to H.R. immediately, in order for a drug test to be arranged, a Confirmation letter to be mailed, and plans for orientation made;
7. Any transfer of position for an Employee;
8. Any pay change that an Employee is to receive;
9. Any disciplinary action to be administered;
10. Any terminating Employee, both voluntary and involuntary. An exit interview will be set up for a voluntary termination. A termination interview with information given to the Employee will be set up for an involuntary termination.

1. Any bereavement leave or funeral leave that is needed;
2. Any marriage, divorce or birth;
3. Any Employee address or phone number change;
4. Any jury duty time to be served.
5. In accordance with FMLA, any time an Employee has to be out for more than 3 consecutive days for a serious illness, or spends the night in the hospital. (There are other reasons for FMLA, please check the FMLA policy).

Responsibilities

Human Resources shall develop and maintain an Employee evaluation system for the purposes of evaluating individual work performance, identifying training needs and Employee development opportunities, and for improving the efficiency and productivity of the County workforce.

Human Resources shall develop and maintain formal procedures to:

• Make such studies and recommend such modifications or revisions as may be necessary to improve the system or process.
• Each Elected Official, Department Head or Supervisor who reviews or conducts an evaluation shall be responsible for its quality, consistency, equity, and timeliness.
• No public disclosure of an Employee's performance evaluation record shall be made
• without the permission of the Employee and the County Commission. Such record shall be made available upon request to the Employee; or to an appointing authority when needed in connection with a potential action for promotion, transfer, demotion, or dismissal of the Employee; or other appropriate officer when needed in connection with an adverse action, grievance, or other relevant matter requiring such information; and to

official investigatory agencies after a determination by the County Commission that such disclosure is in the public interest.

Three Month Progress Report

Upon hire, an introductory period of 90 days (respectively 3 months) is in effect for all new Employees. During this time, as the Employee is trained for the job, their Elected Official/Department Head can determine how well the Employee is performing the job. If at any time during this introductory period the Elected Official/Department Head determines that the Employee is unsuitable for the job they were hired for, their employment may be terminated. The Employee could be transferred to another position or department should the Elected Official or Department Head believe that the County, and the Employee being trained for the job, would benefit from the transfer. (Completion of the introductory period does not guarantee continued employment.)

A new Employee’s employment is to be discussed with them after 90 days (3 Months). A “Three Month Progress Report” should be filled out at this time and shared with the Employee.

a) Employee’s performance is on target for 90 day report.

b) Employee’s performance is sub-standard:

c) Employment is to be terminated;

Annual Performance Evaluation

An Annual Performance Evaluation should be used as a tool of communication between the Supervisor and the Employee regarding the Employee’s performance and the goals for future performance of and for that Employee. Full Time and Part Time Employees should be evaluated at least annually. Annual Performance Evaluations should be completed by November 15th of the current calendar year. An evaluation of “Good”, “Very Good”, or “Superior” is required to qualify Employees for a pay raise, when it is determined that County raises will be given. All pay increases are at the discretion of the County Commission.

Code of Ethics Policy

Taney County maintains certain policies to guide its Employees with respect to standards of conduct expected in areas where improper activities could damage the County’s reputation and otherwise result in serious adverse consequences to the County and to Employees involved. The purpose of this Policy is to affirm, in a comprehensive statement, required standards of conduct and practices with respect to certain type of payments and political contributions.

An Employee’s actions under this Policy are significant indications of the individual’s judgment and competence. Accordingly, those actions constitute an important element in the evaluation of the employee for position assignments and promotion. Correspondingly, insensitivity to or disregard of the principles of this Policy will be grounds for appropriate disciplinary action.

Anti Fraud

Fraud is defined as a “deception deliberately practiced to secure unfair or unlawful gain”. This policy is established to prevent, detect and deter fraud. This policy applies to any fraud, or suspected fraud, involving Elected Officials or Employees as well as consultants, vendors, contractors, outside agencies doing business with Employees of the County, and/or any other parties with a business relationship with Taney County Government.

Fraud is an intentional act that results in the misappropriation of assets or the misstatement of financial reporting. Management is responsible for the prevention and detection of fraud, misappropriations, and other inappropriate conduct. Elected Officials and Department Heads shall be familiar with the types of improprieties that might occur within their area of responsibility, and be alert for any indication of irregularity. To report fraudulent activities, follow procedures outlined in the “Reporting Procedures” section of this policy.

Actions Constituting Fraud

Some examples are (but not limited to) the following:

• Misuse or embezzlement of funds;
• Forgery or alteration of a check, bank draft, or any other financial document;
• Alteration or falsification of any document or account;
• Misappropriation of funds, supplies, or other assets;
• Impropriety in the handling or reporting of money or financial transactions;
• Accepting or agreeing to accept or seeking anything of material value from contractors, vendors or persons providing services/materials to the County in exchange for an official action or inaction on a matter which the County Official or Employee is empowered to act. Destruction, removal, or inappropriate use of records, furniture, fixtures, and equipment; and/or
• Any potentially criminal conduct.

Political Contributions

Taney County will not make any contribution to any political party or to any candidate for political office in support of such candidacy.

Reporting Procedures

Any violation of this policy or of fraud that is detected or suspected shall be reported immediately to the County Commission, Taney County Sheriff, Taney County Prosecutor and/or the Attorney General. Any investigation into reported activities will respect the confidentiality of the complainant to the extent possible.

Violations of the Policy:

1. Violations of the Policy are grounds for termination or other disciplinary action, adapted to the circumstances of the particular violation and having as a primary objective furtherance of the County’s interest in preventing violations and making clear that violations are neither tolerated nor condoned.
2. Disciplinary action will be taken, not only against individuals who authorize or participate directly in a violation of the Policy, but also against:
3. Any Employee who may have deliberately failed to report a violation of the Policy;
4. Any Employee who may have deliberately withheld relevant and material information concerning a violation of this Policy and
5. The violator’s Department Heads or Supervisors to the extent that the circumstances of the violation reflect inadequate leadership and lack of diligence.

Compliance

The County Commission, Elected Officials, Department Heads, and Immediate Supervisors are expected to develop in Employees a sense of commitment to comply with this policy.

The Employees of Taney County represent the County and are especially susceptible to public criticism. Therefore, it is necessary for all Employees to conduct themselves in the best possible manner. County Employees are expected to exercise the highest degree of honesty and discretion in performing their jobs. Employees are expected to be good stewards of County money by working diligently and efficiently.

To ensure orderly operations and provide the best possible work environment, Employees are expected to follow rules of conduct that will protect the interests and safety of other Employees and of the County.

All Full Time Employees, Part Time active Employees, and Temporary Employees are covered under this policy.

It is not possible to list all forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct. The list is not intended to be exhaustive:

• Theft or inappropriate removal or possession of County property.
• Working under the influence of alcohol or illegal drugs. (Note Substance Abuse Policy for exception for County Deputies.)
• Possession, distribution, sale, transfer or use of alcohol or illegal drugs in the workplace, while on duty or while operating employer-owned vehicles or equipment.
• Fighting or threatening violence in the workplace.
• Sexual or other unlawful or unwelcome harassment.
• Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace.
• Unauthorized use of telephones, mail system or other employer-owned equipment.
• Unauthorized disclosure of business “secrets” or confidential information.

(Information regarding the examples listed above can be viewed in depth in the individual policies for each example.)

Activities that hinder the effective performance of County Government, including unsatisfactory work performance, conduct or behavior, will be considered cause for disciplinary action.

A friendly and courteous attitude by County Employees toward the public and co­-workers is required at all times. Similarly, Employees are expected to deliver prompt, thorough, and efficient service to consumers, to the best of their ability. All Employees are required to maintain a neat and clean personal appearance. Included in this section are Dress Code Regulations for the County. However, each Employee shall be subject to specific departmental rules and regulations concerning proper clothing, personal hygiene, and grooming.

In consideration to the public and the limited parking spaces available while visiting the County Facilities, as well as those patronizing the Forsyth businesses near to County facilities, Taney County would like to recommend that all County Employees assist with this situation by parking in the County Parking Lots during working hours, Monday through Friday.

No County Employee should give statements to the press concerning any County business, unless otherwise granted permission by the County Commission or their Elected Official.

Commercial or charitable solicitation by one Employee of another is prohibited, while either Employee is on work time unless approved by the Elected Official or Department Head, and then only when such solicitation does not interfere with normal work functions. Certain benefit fund raisers that aid a fellow Employee are permissible.

It is the policy of Taney County to represent itself in a professional manner. Dress, grooming and personal cleanliness standards contribute to the morale of all Employees and affect the business image Taney County presents to the community, their visitors and vendors. Employee dress at all times must be consistent with acceptable decorum. This policy in no way infringes upon individuality or religious practices of our Employees. Personal appearance of our Employees does reflect and influence the overall County image.

During business hours, Employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Modest and conservative attire should be worn at all times to create a professional and respectful appearance.

Under no circumstances may Employees wear halter tops, strapless tops without a cover or jacket, a top with uncovered spaghetti straps, tank tops (shells excluded), cropped tops, tee shirts with offensive wording or offensive pictures on them, clothing that shows undergarments, sheer clothing worn by itself, shirts revealing midriff, low cut tops or beach attire, any types of men or ladies’ shorts. Employees must remember that common sense is the key. If in doubt, don’t wear it. Employees not following the Personal Appearance and Dress Code Policy will be asked to leave the premises without pay, to return home, change clothes, and then return to work.

It is the responsibility of all Elected Officials, Department Heads, Supervisors, etc. to enforce the Dress Code Policy. Additional dress criteria may be administered and may be approved by the Elected Official.

The Commission reserves the right to change or amend this policy at any time, for any reason. Please refer any questions regarding this policy to the Human Resources Department.

Office attire is business casual which includes, but is not limited to, suit pants, docker type long pants, dress pants. Ladies may wear capris, leggings, colored jeans, skirts, dresses and blouses (blouses can be sleeveless as long as undergarments do not show), appropriate tee shirts, skirts, dresses, and tops that are over leggings, and etc.

(Skirts, dresses, and tops that are over leggings are not to be higher than 4” from the top of the knee.) Men may wear suit jackets, business shirts, ties, polo type shirts, Henley type shirts, and appropriate tee shirts. Shoe wear may include dressy sandals or dressy flip flops, men and ladies dress shoes, docker shoes, boots and socks.

Jeans are considered an appropriate dress style, but it is to be noted that each Office or Department may have individual rules as to when Employees in that Office or Department may wear jeans. Please communicate with the Elected Official or Department Head in your Office or Department as to when you are eligible to wear jeans. You must follow the Casual Dress rules of your Office or Department. Casual Dress includes jeans and a casual sport shirt, sweater, blouse, sweatshirt or appropriate tee shirt only with appropriate writing, and tennis shoes. Remember that even when casually dressed, we are still in a place of business and must conduct ourselves in a professional manner.

It is the policy of Taney County to promote a safe and healthy work environment for its Employees.

For certain positions in certain departments, uniforms are to be worn while at work. These departments include the Road and Bridge Department, Assessor’s Office, Information System’s Department, Building and Grounds Department, and the Sheriff’s Office.

For those Employees who are provided uniforms by the County, the uniform will be worn during the hours of employment that are designated by the County Commission, Elected Officials and Department Heads. This includes required safety equipment, which is to be worn at all times while working. Taney County provides original uniforms for new Employees. The selected Uniform Company will replace a uniform annually or when it becomes worn. Any additional cost due to destruction or sizing changes is the responsibility of the Employee.

Employees in the Road and Bridge Department and the Sheriffs Office are required to wear designated uniform clothing at all times during work hours. The uniform is not to be worn when the Employee is not at work as the uniform is not for the personal use of the Employee. The only exceptions are travel to and from work, or with the approval of the employee’s Elected Official, or if approved by the Elected Official to work as an enforcement of security while working under the authority of other business, in which case they would be paid by that business.

Road and Bridge

Employees in the Road and Bridge Department are required to wear uniform shirts provided by the County or tee shirts provided by the County. A total of five (5) shirts or tee shirts are provided for each Employee. If tee shirts are selected over a uniform shirt by Employees, the tee shirt must be a safety color that allows the Employee to work on the roads without wearing an extra safety vest. Remembering that our Employees represent Taney County while working, uniform shirts or t-shirts are not to be altered in any way, i.e. sleeves cut out or sides cut or shortened in length. Pants should be uniform pants, bib overalls, or jeans that are provided by the County. As a safety measure, shorts of any kind are not permitted.

All uniforms are to be ordered through the Road and Bridge Department. Employees in the Road and Bridge Department must wear safety boots or safety shoes. No other type of shoe may be worn, i.e. tennis shoes, loafers, or sandals. Employees are responsible for purchasing their personal safety boots or shoes.

Office Employees in the Road and Bridge are required to follow the guidelines for the Office Attire and Casual Dress as described in Section 8-3 and Section 8-4.

Building and Grounds

Building Technicians in the Building and Grounds Department are not required to wear an actual uniform, but if the Employee chooses to, uniform shirts and pants are provided by Taney County for Building Technicians. Eleven (11) shirts and eleven (11) pants and two (2) jackets are provided. Building Technicians who choose not to wear an actual uniform must wear a button-down shirt and pants. Custodial Employees may follow the Casual Dress policy as described in Section 8-4.

Boots or shoes are required. Building and Grounds Employees may not wear loafers, or sandals. Employees are responsible for purchasing safety boots or shoes.

In the event an Employee transfers to another department requiring a uniform, the Employee will be treated as a new hire, receiving required uniforms.

Failure to comply with the Uniform Policy, by those required to wear uniforms, will result in disciplinary action, up to and including termination.

Please direct all questions regarding this policy to the Human Resources Department.

Assessor’s Office

Certain Employee's in the Assessor’s Office are required to wear a uniform.

Information System’s Department Certain Employee’s in the Information System’s Office are required to wear a uniform.

Sheriff’s Office

Employees in the Sheriff’s Office are required to comply with the Uniform Policy in the Sheriff’s Office Personnel Policy Manual.

Elected Officials and Department Administrators will determine the work schedule for Employees in their Offices / Departments.

Regular working hours for all Full Time Employees are typically forty (40) hours in any five (5) consecutive eight (8) hour days. However, an Employee working at least thirty - hours in any five (5) consecutive days is also considered a Full Time Employee. Changes to the standard work schedule must be approved in advance by the County Commissioners, Elected Official and/or Department Head. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. In order for an Employee to make adjustments, reasonable notice of changes in work schedules should be given to Employees.

Normal Courthouse hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. (with an unpaid lunch break of one (1) hour.) Employees are to report all hours worked.

Employees are responsible for accurately recording their time worked. Federal and State laws require Taney County to keep accurate time records for every Employee in order to calculate Employee’s pay and benefits. Time worked is all the time you actually spend on the job performing assigned duties. Employees receive an additional one (1) hour unpaid lunch per day. Employees are also responsible for signing their time sheet certifying the accuracy of all time recorded. After review and approval, your Elected Official or Department Head must sign the time record. Falsifying a time record is a breach of County policy and is grounds for disciplinary action, up to and including termination of employment (excluding any Elected Official.)

Regular and punctual attendance at work shall be required of all Employees. Employees are expected to report for work on time and to work to the end of the work period. Because it is a burden to your co-workers and to the County when you are not at work, you will be required to work the hours normally scheduled for your position. Employees who fail to observe attendance requirements and procedures for recording and reporting of attendance shall be subject to disciplinary action.

When an Employee cannot be at work by the start of their shift, they must notify their immediate supervisor at least thirty (30) minutes before the start of their shift. Special circumstances will be evaluated on a case by case basis. All Elected Officials and Department Heads (or Supervisors) are required to make sure that all of their Employees have a working phone number where they can get in touch with their Supervisor if they cannot come in to work. Human Resources should be notified in the case the Employee’s Supervisor, Department Head or Elected Official is not available.

When calling your Supervisor, Department Head or Elected Official, the following information must be given:

• Employee’s name
• The reason for absence or late start
• When the Employee can be expected at work
• The phone number(s) where the Employee can be contacted

Excessive absenteeism, lateness or leaving early could affect an Employee’s pay increase and/or employment status.

A one (1) day no-call no-show will be considered a voluntary termination by the Employee, which means the employment relationship will end when the Employee fails to call in to report to work at least thirty (30) minutes prior to the start of the Employee’s shift on that day. (Only when there are extenuating circumstances would an exception be allowed.) If this happens, Human Resources should be notified immediately.

In order to maintain safety in the work-place for the employee, any employee that is hospitalized must provide a doctor’s release upon returning to work. The release must be given to their Supervisor prior to the start of their shift and then a copy to Human Resources for their personnel file. Employees returning to work without a doctor’s release will be sent home until they can provide a work release. Human Resources will provide the Employee with Family and Medical Leave Forms (FMLA) if there is an over­ night stay in the hospital or if the Employee is absent from work for more than three (3) days.

Any Employee on a leave of absence, either personal or work related, must contact their Supervisor at least once a week. An Employee on a Federal Medical Leave (FMLA) or a Medical Leave must contact a member of Human Resources once a week.

Break periods are not required by law and are part of your paid workday, therefore, Elected Officials may schedule breaks for their individual Offices. Any Employee that is required to work through a break period that is scheduled by the Elected Official is not entitled to overtime compensation. Employees should not report additions to your eight-hour day on your time sheet should you have to work through a break period. The lunch break is an unpaid break. Employees required to work through the lunch hour will receive pay for that time worked.

In case of inclement weather or emergencies, it is the responsibility of the Employee to determine the safety conditions of the roads and whether they choose to report to work or need to leave early. It is the responsibility of the Supervisor to approve said time off when road conditions are considered dangerous. If the Employee and the Supervisor feel the weather is such that the Employee must not report for work, or that they need to leave early, the Employee may use Personal, Comp., or Vacation time to make up for the work time missed.

On rare occasions it may become necessary for the Commission to make the decision to close the Courthouse for inclement weather. The County Commission, Elected Officials, or authorized Department Heads shall be the only person(s) authorized to release Employees earlier than the normal closings of business, or delay the normal time to report for work because of inclement weather. In addition, only the County Commission is authorized to close the Courthouse for inclement weather or any other reason. Any County Employee that is scheduled to work when the Courthouse is closed will receive regular compensation for that day. Any Employee that is not scheduled to work when the Courthouse is closed will not be paid. The work day is considered eight (8) hours; therefore Employees will be paid for eight (8) hours when the courthouse is closed. Part-Time Employees will be paid at a pro-rated rate. ¹⁾

Employees will be notified no later than 6:00 a.m. of the affected day that the Courthouse will be closed by use of the following media:

1. Commission Office will contact all Elected Officials and Department Heads through an email or text message stating the closing of the Courthouse. Elected Officials and Department Heads are then responsible for contacting the Employees in their Office or Department.
2. Commission Office will contact Radio Station KRZK/KOMC 106.3 FM and 100.1 FM, KLFC 88.1 FM, list the closing on Taney County’s website, and send an email to all County Employees.

On Call: When a decision has been made to close the Courthouse, all Employees are to remain “On-Call” for up to two (2) hours after their normal start time. This would be effective in the event that the reason for closing the Courthouse no longer exists and the Employee should come in to work.

In the event that the Courthouse must close, Employees in the Administrative Offices, and those serving in administrative roles in other offices or departments whose presence is not required, that are scheduled to work will be paid for eight (8) hours, according to Section 9-9. Employees that are not scheduled to work will not be paid. ²⁾

In the event that the Courthouse must close, Employees in the Building and Grounds Department that are scheduled to work will be paid for eight (8) hours, according to Section 9-9. Employees that are not scheduled to work will not be paid. However, there may be occasions where an Employee of the Building and Grounds Department could be called in to work in order to take care of a safety condition or situation. In that case, the Building and Grounds Supervisor will be contacted. Building and Grounds Department Employees will be paid regular time for eight (8) hours for the day closed when they are called in to work. If hours worked exceed the eight (8) hours, Employees will be paid accordingly.

Because of the operating requirements of Sheriff’s Office, all Sheriff’s Office Employees are required to work their regular schedule, and, if necessary, overtime during inclement weather. Because of the operating requirements of the Road and Bridge Department, all Road and Bridge Department Employees are required to work their regular schedule, and if necessary, overtime during inclement weather. The Road and Bridge Employees will be paid regular time for eight (8) hours for the day closed when they are called in to work. If hours worked exceed the eight (8) hours, Employees will be paid accordingly. ³⁾

It is the policy of Taney County to comply with all of the relevant and applicable provisions of the Americans with Disabilities Act (ADA). Taney County will not discriminate against any qualified Employee or job applicant with respect to any terms, privileges or conditions of employment because of a person’s physical or mental disability. Taney County will make reasonable accommodations whenever necessary for all Employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense.

Taney County will comply with federal and state regulations regarding Service Dogs.

Assistance shall be available to applicants with disabilities who may require personal assistance to participate in the selection process. Such assistance shall include but not be limited to providing readers for the vision-impaired and written materials for the hearing- impaired. In determining whether an applicant or Employee with a disability shall be accommodated, the following shall apply; the applicant or Employee must make a documented request for reasonable accommodation; the Elected Official, Department Head and Supervisor, if applicable, shall consult with the disabled individual regarding an appropriate accommodation: If the accommodation does not impose an undue hardship, the accommodation shall be implemented. Assessing the reasonableness of the possible accommodations shall include the following factors:

1. How well it accommodates the needs of the individual with a disability
2. How reliable it is
3. Whether it can be made available in a timely manner
4. Whether it imposes an undue hardship defined as an action requiring significant difficulty or expense

An individual with a disability is a person who:

1. Has a physical or mental impairment that substantially limits one or more major life activities
2. Has a record of such an impairment
3. Is regarded as having such an impairment

A qualified Employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

1. Making existing facilities used by Employees readily accessible to and usable by persons with disabilities
2. Job restructuring, modifying work schedules, reassignment to a vacant position
3. Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters

All Employees are to inform their Supervisor if a reasonable accommodation on account of a disability is required. If an Employee believes that he/she is not properly assisted by his/her Supervisor, the Employee needs to contact the next management representative in his/her department or the Human Resources Department.

Retaliation against a person making a request for accommodations under the Americans with Disabilities Act will not be tolerated and will subject the retaliator to disciplinary action up to and including dismissal.

Taney County Commission reserves the right to change or amend this policy at any time, for any reason. Please refer any questions regarding this policy to the Human Resources Department.

The County Commission shall make the final decision as to whether the accommodation is reasonable and does not present an undue hardship. Employees and applicants with disabilities shall be afforded a procedure that provides for prompt and equitable solutions to complaints. Employees shall utilize the grievance procedure of this manual. Applicants shall use the procedure found under the special policy of the County relating to disabilities and the accessibility of services.

Taney County is committed to maintaining a work environment that is free of discrimination and harassment. In furtherance of this policy, Taney County will not tolerate discrimination or harassment of Taney County Employees by anyone, anywhere, including any Supervisor, Co-worker, Vendor, Client, Customer of Taney County, or any third-party using Taney County facilities.

Employees are entitled to a work environment that is free from discrimination, including sexual or other harassment. Discrimination or harassment undermines the integrity of the employment relationship and causes a loss of productivity. Discrimination and/or harassment consists of unwelcome conduct at any location; whether verbal, physical, visual, and based upon any factor, including a person’s protected status, such as sex, color, race, ancestry, religion, national origin, age, physical handicap, medical condition, disability, marital status, sexual orientation, veteran status, citizenship status, or any other legally protected characteristic. Taney County will not tolerate discriminatory or harassing conduct anywhere that affects an Employee’s job or his/her tangible job benefits that interferes unreasonably with an individual’s work performance, or that creates or could create an intimidating, hostile or offensive working environment.

Sexual harassment deserves special mention. Sexual Harassment in any form will not be tolerated by Taney County. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex, constitutes sexual harassment when:

1. Submission to the conduct is an explicit or implicit term or condition of employment.
2. Submission to or rejection of the conduct is used as the basis for an employment decision.
3. The conduct has the effect of interfering in any way with an individual’s work performance or creating an

intimidating, hostile, or offensive working environment. This conduct consists of persistently engaging in sexually explicit behavior or advances, or any other offensive behavior aimed at, or in the presence of, any Employee.

Sexual harassment may include explicit sexual propositions, slurs or insults, sexual innuendos, suggestive comments, sexually oriented “kidding” or “teasing”, “sexual jokes” including jokes about gender-specific traits or physical anatomy, ethnic or racial jokes, foul or obscene language or gestures, display of foul or obscene printed or visual material, sexual gestures, blocking, staring or leering, and physical contact such as patting, pinching, sexual touching, unwanted kissing or hugs, or brushing against another’s body, punching, tickling, poking or prodding.

Spouses: In the case where two Taney County Employees are married, both should remember that they are considered Employees and should always conduct themselves in a professional manner without engaging in any of the gestures listed in the previous paragraph.

An Employee’s conduct will be considered unwelcome and in violation of this policy when the Employee knows, or should have known, that the person to whom the conduct is directed or any other persons subjected to the conduct would find the conduct unwelcome or offensive.

All Taney County Employees are responsible to help assure that discrimination and harassment are avoided. If an Employee thinks that he or she has experienced or witnessed discrimination or harassment, the Employee must immediately notify their supervisor or Human Resources. If, for some reason the Employee is not comfortable reporting the discrimination or harassment to their supervisor or the Human Resources Department, he or she may notify any Elected Official. The Elected Official will then report the discrimination or harassment complaint to the Director of Human Resources. Employees should document evidence to support their claim, such as dates, times and places of incidents. If possible keep any voice mail message, note or drawing, etc. Present all evidence to your Supervisor and/or Human Resources. Employees should keep a copy of any evidence that is given to their Supervisor or to Human Resources.

Taney County will investigate all such discrimination or harassment complaints thoroughly, promptly, and in an impartial manner. To the fullest extent practicable, Taney County will keep complaints and the terms of their resolution confidential; however, the investigation of any complaint may itself result in the disclosure of an Employee’s involvement in a complaint. Taney County forbids retaliation against anyone for reporting discrimination or harassment, assisting in making a discrimination or harassment complaint, or cooperating in a discrimination or harassment investigation.

False Reports of discrimination or harassment, or providing false evidence to investigators, will result in disciplinary action, up to and including termination of employment.

If an investigation confirms that discrimination or harassment has occurred, Taney County will take immediate and appropriate corrective action of discrimination and harassment (with special emphasis on sexual harassment), including disciplinary action up to and including immediate termination of employment. In addition, all evidence may be turned over to the Prosecuting Attorney.

Any questions should be directed to the Human Resources Department. The Taney County Commission reserves the right to change or amend this policy at any time for any reason.

It is the policy of Taney County that all Employees represent the County in a professional manner. With this in mind, every Employee is expected to observe basic standards of behavior. This is necessary to the orderly conduct of our business and will allow us to operate in the best way possible. The standards of behavior the County has a right to expect have been carefully considered. Violations of these standards may result in progressive disciplinary action or immediate discharge.

When discipline is necessary, the Supervisor’s goal is not necessarily to punish, but to emphasize the importance of compliance with the rules and restore order in the Office or Department, while acting on the basis of facts and treating all Employees fairly and impartially.

Failure of an Employee to follow any County employment policies, rules, regulations or guidelines may result in progressive discipline of the Employee, up to and including termination of employment.

1. Verbal Warning - The Supervisor will meet with the Employee to notify him/her that the performance or behavior must be improved. Ways for the Employee to improve performance or behavior will be discussed. Notes of this meeting are to be placed in the Employee’s personnel file in Human Resources. The Supervisor may keep a copy.
2. Written Warning - The Supervisor will inform Human Resources of the need to write a written warning in which to be presented to the Employee. Based on the information provided by the Supervisor, the Director of Human Resources will be available to assist the Elected Official or Department Head in filling out a Written Warning. The Employee will then meet with their Elected Official, Department Head or Supervisor, accompanied by a member of Human Resources or another witness in the position of Supervisor or above while receiving a Written Warning that states termination may occur unless the performance or behavior improves immediately. Ways for the Employee to improve his/her performance or behavior will be discussed. A follow-up date will be set for the Supervisor to meet with the Employee and the Director of Human Resources to evaluate the Employee’s improvement.
   
   A copy of the Written Warning will be placed in the Employee’s personnel file in Human Resources. In addition the Supervisor may request that the Employee be suspended for a determined period of time, with or without pay, at the time of the Written Warning.
3. Discharge - This is the final action and is taken when the previous steps have been ineffective or when a serious infraction of the rules or policies has been committed. This meeting is witnessed by the Human Resources Director or another witness in the position of Supervisor or above.

There are certain instances where performance and/or behavior are of such a serious nature, that immediate discharge, without prior warning or consultation, may be justified. Not all of the warnings need to be exhausted prior to discharge.

By listing the various methods of discipline above, Taney County expressly reserves, and does not waive the right to discharge any Employee for any reason if it deems necessary.

The Commission reserves the right to change or amend this policy at any time for any reason.

It is the policy of Taney County to provide a safe environment for our Employees. Taney County recognizes that the use of drugs and alcohol in today’s society poses a very serious problem in the work place. Not only can the use and/or abuse of these substances jeopardize the health, safety and well-being of the individual user and all of our Employees, but it can also endanger the safety of the general public, cause accidents and injuries adversely affect productivity and morale and contribute to excessive absenteeism and tardiness. Since our Employees are our most valuable resource, and the safety and well being of our Employees and the general public are of major concern to us, we have developed a substance abuse policy to help with this very difficult problem.

Taney County’s Substance Abuse Policy, which includes provisions calling for the use of drug and alcohol testing under certain circumstances, has been developed to keep our workplace free from drug and alcohol-influenced Employees in a manner which respects and recognizes the dignity and privacy of all our Employees. Use of illegal drugs and consuming alcoholic beverages is strictly prohibited in the work place, which will be outlined in this policy. Taney County wants all of our Employees to know that information is available to an Employee who may have a problem with chemical dependency or alcoholism.

For the purpose of this policy, drugs are defined as any controlled substance which is illegal to possess, manufacture, distribute, sell, or conspire to distribute or sell by state or federal law, and prescription drugs which are not taken in conformity with the prescription or which may impair the Employee’s judgment, faculties or abilities, if the County has not received written notice of this possible effect. Alcohol is defined as, but not limited to, liquor, beer, wine, malt liquor or any other intoxicants used for beverage purposes. Taney County reserves the right to test in its sole discretion, for any drug or alcohol use.

As a condition for employment with Taney County, all Employees must abide by the terms of this Policy. Violations of policy will result in disciplinary action up to and including termination.

The Benefits Coordinator and the Human Resources Director are the designated Alcohol and Drug Policy Administrators.

1. No Employee shall report for work while impaired by any drug or alcohol
2. No Employee shall manufacture any drug, or possess any quantity of drugs or alcohol, lawful or unlawful, at any worksite. Furthermore, no Employee shall sell or transfer, or attempt to sell or transfer, to any other person, any drug or alcohol at any worksite. The term “worksite” means any motor vehicle, office, building or other property owned by the County or any other location at which the Employee is to perform work including off-site County functions
3. Use of any illegal drug is prohibited by all Employees while on County property, on duty or conducting County business, or while operating a vehicle or equipment owned or leased by the County. Use of alcohol or being under the influence of alcohol is prohibited by all Employees while on company property or while operating a vehicle or equipment owned or leased by the County
4. An Employee may use, in the manner prescribed, a drug prescribed or administered by a physician, if the physician has advised the Employee that the drug will not affect the Employee’s ability to safely perform his/her duties. If using the prescription will result in the Employee’s inability to safely perform his/her duties, or result in a direct threat to others, then the Employee must immediately notify their Supervisor. Taney County will do whatever possible to accommodate an Employee in this situation, which includes having the Employee perform other duties. In some instances, the Employee may be asked to stay at home while taking the prescription
5. All drug or alcohol testing will be conducted either by the contracted company or by Cox Health Occupational Medicine, depending on the type of testing needed; i.e. Pre-Employment, Random, Reasonable Suspicion, Workers’ Compensation (In certain circumstances, testing may be conducted at Cox Health’s Emergency Room when the Occupational Medicine Clinic is closed) ⁴⁾
6. All drug testing will be a 10-panel test and sent for Laboratory Testing.
7. Drug and Alcohol testing will be conducted for all work-related injuries, accidents or illnesses. If an accident is caused involving a vehicle, the Employee(s) involved must submit to a drug and alcohol test even if there is no injury or there is little or no damage to the vehicle. The key word for Workers’ Compensation is “accident”

Sheriff’S Office Exclusion Of Provision

Sheriff’s Office Employees, in the performance of their duties with the Sheriff’s Office of Taney County, are excused from the provision of possession or drinking of any alcoholic beverage while on undercover duty for the County; or of possession, use, distribution, purchase, sale or offering for sale of narcotics or any controlled or illegal substance, on any property, including County property, the parking lot and county vehicles, at any time, including breaks or lunch while on undercover duty for the County. Notification from the Sheriff must be filed with Human Resources prior to testing.

1. Post Offer Testing (Drugs only): All new Employees, including re-hires, will be given a position contingent upon the passing of a drug test. Any person who receives a positive drug test result, which is not medically justified by a licensed doctor, will have the offer of employment retracted. Post Offer Testing includes both Non-DOT testing for new hires and DOT testing for new- hires.
2. Random Testing (Drugs and Alcohol): Employees that serve in a Safety Sensitive Position; a DOT Employee; and Employees required to have a CDL License in order to drive a vehicle for work are subject to Random Testing. In addition, Employees that regularly drive a vehicle for work are subject to Random Testing. (Regularly drive a vehicle for work is the key here. Employees that only drive on occasion i.e. to a meeting, seminar, etc. are not considered Safety Sensitive.) These Employees will be subject to random testing from time to time without notice. Employees chosen for Random Testing are a result of a computer-based selection by Employee Screening. No person may control the selection for Random Testing, therefore, some Employees may be chosen more often than others.
   
   All employees who are subject to random testing must notify their supervisor before the end of the business day following the day the employee receives a citation, or arrested, for any moving violation, DWI, DUI, or drug-related offense. Failure to provide notification of citations or arrests may result in disciplinary action, up to an including termination. (Revised 09/24/2018)
3. Post Accident Testing (Drugs and Alcohol). With the exception of basic first aid treatment or when an Employee causes an accident by hitting an animal with a County vehicle, any Employee that is injured while working in any capacity for Taney County or any Employee who causes an injury to another person or damage to any County Property, or becomes involved in a vehicle accident will be required to undergo a drug and alcohol test. A drug and alcohol test must be completed whether or not there is damage to the vehicle or other County Property as a result of the accident. This includes all medical treatments by a licensed physician and lost time injuries/illnesses. Testing for Post Accidents will be either Non-DOT or DOT. The County may also utilize drug and/or alcohol test results obtained from law enforcement officials from a vehicle accident. All Employees are prohibited from consuming alcohol after an accident until he/she has been tested. After giving a valid sample, a determination will be made by the Supervisor and a representative of the Human Resources Department as to whether the Employee may return to work. Part of this decision will be based upon the doctor releasing the Employee to work, and what type of duties the Employee will be able to safely perform. He/she may be reassigned to a non-safety sensitive position until the results of the drug and alcohol tests are known. If it is determined that the Employee cannot return to work to a non-safety sensitive position and there are no other duties the Employee can perform, but the doctor approves that the Employee can go back to work during that time, the County has elected to pay back pay for that time, if:
   1. The result of the test is negative, and
   2. It is determined by the County that the Employee’s conduct is completely discounted as a contributing factor to the accident.
4. Reasonable Suspicion (Drugs and/or Alcohol): An Employee will be tested for drugs and/or alcohol when the Employee’s actions, appearance, speech, odor or conduct suggest to Taney County that the Employee has engaged in the use of drugs and/or alcohol while on County property, on duty, or conducting County business or while operating a vehicle or equipment owned or leased by Taney County, or came to work while still under the influence. Reasonable suspicion will also be considered to exist in the case of the discovery of drugs or controlled substances in an Employee’s possession near the Employee’s work place, or unexplained or frequent absenteeism. Non- DOT Testing and DOT Testing will be performed for Reasonable Suspicion.

Refusal to submit to a drug and/or alcohol test as discussed in this policy will result in termination of employment. (This “refusal to submit to testing” excludes Employees on undercover duty for the Sheriff’s Office as noted under the Sheriff’s Office Exclusion of Provision as well as the exception under Testing Circumstances #3 Post Accident Testing regarding “hitting an animal”.)

NOTE: A “refusal to submit” means that an Employee:

1. Fails to provide adequate breath for alcohol testing, without a valid medical explanation
2. Fails to provide an adequate urine sample for drug testing, without a genuine inability to provide a specimen (as determined by a medical evaluation)
3. Engages in conduct that clearly obstructs the test process
4. Simply refuses to be tested which will be considered direct insubordination

If a positive drug and/or alcohol test is confirmed, the following action will be taken:

1. A positive test will result in disciplinary action up to and including termination.
2. If the situation is combined with Workers’ Compensation, these benefits will be reduced or denied in accordance with applicable Missouri statutes. The Employee will face disciplinary action up to and including termination.
   
   Drugs: If an Employee tests positive for drugs, the County may institute any or all of the following alternatives as a matter of continued employment:
   • Suspension or probation
   • Require the Employee to enroll in a rehabilitation program at the Employee’s cost
   • Be evaluated by a Substance Abuse Professional at the Employee’s cost
   • Successfully complete any recommended treatment by the Substance Abuse Professional at the Employee’s cost
   • Pass a return-to-duty test at the Employee’s cost
   • Termination
     
     Alcohol: If an Employee tests above .04 for alcohol, the County may require the Employee to undergo any or all of the following alternatives as a matter of continued employment:
   • Suspension or probation
   • Require the Employee to enroll in a rehabilitation program at the Employee’s cost
   • Be evaluated by a Substance Abuse Professional at the Employee’s cost
   • Successfully complete any recommended treatment by the Substance Abuse Professional at the Employee’s cost
   • Pass a return-to-duty test at the Employee’s cost
   • Termination

Disciplinary action may be administered to those Employees who violate this County policy and/or are convicted of, or plead guilty to criminal drug statute violations. Employees who are arrested or out on bail on their own recognizance pending trial, or who are convicted for drug-related offenses, raise a question as to compliance with County Policy. In determining what action to take, the County will consider the nature of the charge, the circumstances of the offense, the Employee’s record with the County, current job assignment, and the impact the arrest or conviction may have on Customers, Employees, the Public or the County’s general reputation.

Rehabilitation will be available to any Employee who voluntarily admits to having a drug or alcohol problem, and requests assistance prior to the County identifying a drug or alcohol problem on the job. The County will not bear any of the treatment expense. The Employee will be placed on a medical leave of absence for the time allotted for rehabilitation. FMLA will be administered if eligible. Upon successful completion of a Rehabilitation Program, the Employee may be eligible for job reinstatement.

The Testing Laboratory and the Human Resources Department will maintain all records developed or acquired pursuant to this policy under strict confidentiality. The records will be:

• Maintained separately from other personnel records;
• Kept in a secured location.

Materials shall not be released to others without the written consent of the affected Employee. Exceptions to this policy will be:

• As required by federal law or regulations;
• As necessary with regard to a rehabilitation contract;
• In litigation, quasi-judicial and administrative proceedings related to positive test results;
• Matters initiated by the Employee; and
• By court order.

All Employees shall be required to confirm receipt of this policy and any revisions by signing and dating a Policy Acknowledgement.

The United States Department of Transportation has established drug-testing rules for persons employed in positions requiring them to have and maintain a commercial driving license. Parts of this policy differ for these Employees.

If you have a commercial driver’s license, you must notify your supervisor within 30 days of a conviction for a traffic violation, (except parking), regardless of what type of vehicle you were driving at the time of the violation. This requirement applies even if you were driving your personal vehicle.

In addition, for those employees with a commercial driver’s license, you must notify your supervisor within two (2) business days if your license is suspended, revoked, or canceled, or if you are disqualified from driving. ⁵⁾

It is the policy of Taney County to promote a safe environment for its Employees. Violence, threats of violence, harassment, threatening behavior, or acts of violence against Employees, Visitors, Guests, or other individuals by anyone on Taney County property or while an Employee is on County business anywhere, will not be tolerated. Such behavior can include oral or written statements, gestures, intimidation, domestic violence or property damage or expressions that communicate a direct or indirect threat of physical and/or emotional harm and etc. Violations of this policy will be investigated and dealt with in an appropriate manner.

Any person who engages in violent acts on Taney County property shall be removed from the premises by the proper authorities as quickly as safety permits and shall remain off Taney County premises pending the outcome of an investigation. The response may include, but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person or persons involved.

All acts of Workplace Violence shall be reported to the Sheriff’s Office for investigation.

All Taney County personnel are responsible for notifying their immediate Supervisor, Department Head, Elected Official, or a member of Human Resources of any threats which they have witnessed, received, or has been told that another person has witnessed or received. Even without an actual threat, personnel should also report any behavior they have witnessed which they reasonably regard as threatening or violent, and is connected to County employment. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior. Employees failing to report such an incident will be subject to disciplinary action up to and including termination. All reports of incidents will be treated with confidentiality to the fullest extent possible of any information requested in recognition and respect of the privacy of the reporting Employee(s) and will only be released on a “need to know basis”.

In all situations, if violence appears to be imminent, Employees should take the precautions necessary to assure their own safety and the safety of others. Threats or assaults that require immediate attention by the police or Sheriff should be reported by dialing 911.

All Employees who apply for or obtain a protective or restraining order which lists County locations as being protected areas must provide a copy of the petition and declarations used to seek the order, a copy of any temporary protective or restraining order which is granted, and a copy of any protective or restraining order which is made permanent to their immediate Elected Official, Department Head, Supervisor and to Human Resources.

The cooperation of each Taney County Employee is needed to effectively implement this policy and to maintain a safe working environment.