Taney County

SECTION 1. GENERAL PROVISIONS

Section 1-1. Purpose of Rules.

Taney County is committed to excellence in county government and responsibility to all county citizens without regard to politics or prejudice. The citizens of our County employ all county officeholders, administrators and workers. As Employees of the citizens, we are expected to return the confidence they have placed in us with fair, efficient government, and courteous, dedicated and efficient service.

It is the purpose of these rules to set forth the principles and procedures which will be followed by the County Commission in the administration of the County's personnel program. They are intended to establish an efficient, equitable and functional system of Personnel administration which governs the appointment, promotion, transfer, layoff, dismissal, discipline, and other related conditions of employment. They are not intended to be a contract between the County and its Employees and do not create contractual rights for Employees.

All Departmental rules are under the County Commission and Office rules are under each Elected Official’s Office.

Because the Fair Labor Standards Act (FLSA) provides some variance for emergency service personnel, policies related to Employees in the Sheriff’s Office, and certain other emergency service functions of the County are addressed separately.

Employees are responsible for knowing these rules and performing their obligations as an Employee.

The County reserves the right to change the Personnel Policy Manual at any time.

Section 1-2. Positions Covered by the Rules.

These rules shall apply to all positions in all departments of the County and to such other positions as may be provided herein subject to applicable Missouri law, except that provisions of a work agreement under the Missouri Meet and Confer Law, when in conflict with or supplemental to these rules, may provide the applicable rules for Employees covered by the work agreement.

Sectibn 1-3. Administration of the Rules.

The County Commission shall be charged with the overall responsibility for the administration of these policies and rules.

Section 1-4. Departmental Regulations.

These rules shall not be construed as limiting in any way the power and authority of any Elected Official to make operating departmental rules and regulations governing the conduct and performance of Employees. Departmental rules and regulations shall not conflict with provisions of these rules. When applicable, departmental rules shall be approved by the County Commission and shall be published and a copy furnished to each Employee to whom they apply. Such rules and regulations, when approved, published, and distributed as herein provided, shall have the force and effect of rules of that department, and disciplinary action may be based upon breach of any such rules and regulations.

Section 1-5. Open Communications.

In order to foster an open and direct work environment, and to encourage positive work attitudes, Employees are encouraged to deal openly and directly with one another. Employees are strongly encouraged to voice concerns to their Elected Officials and/or Department Heads in order to resolve these concerns before serious problems develop. If a situation persists that you believe is detrimental to you, your co-workers or the County, you should discuss it with your Supervisor, Department Heads, Elected Official, or Human Resources in order to work out a solution to the situation.

Section 1-6. Political Activity.

County Employees shall not be coerced to take part in political campaigns, or coerced to solicit votes, funds or support for the appointment or election of any candidate or coerced for passage of any issue placed before the voters.

No Elected Official, Department Head or Supervisor shall make, enforce, or attempt to enforce any order, rule, or regulation, or adopt any other device or method to prevent an Employee from engaging in political activities, accepting candidacy for nomination to, or the holding of political office, holding a position as a member of a political committee, soliciting or receiving funds for political purpose, acting as chairman or participating in a political convention, assuming the conduct of any political campaign, signing or subscribing the Employee’s name to any initiative, referendum or recall petition, or any other petition circulated pursuant to law. In compliance with State and federal Law, during the dates and times of “Absentee Voting”, there is to be no means of political campaigning, i.e. political t-shirts, caps, etc. within 25 feet of the Courthouse. ¹⁾

Section 1-7. County Property.

Employees are expected to provide good care for any County equipment that they use. They are also required to use County supplies prudently and economically. In certain cases of obvious misuse, you may be asked to share in the replacement cost of any items you damage. The County reserves the right to examine the contents of any package being taken from the premises. Unauthorized removal of County property from the premises or its conversion to personal use will be considered cause for suspension and/or dismissal. Equipment owned by Taney County is not to be used for non County related reasons without prior approval from the County Commission, Elected Official or Department Head.

Section 1-8. County’s Retained Rights.

The County shall retain the sole right and authority to operate and direct the affairs of the County in all its various aspects. Among these rights are the Elected Official’s right to determine its mission and set standards for service offered the public; to direct the working forces; to plan, direct, control, and determine the operations or services to be conducted in and by the Employees of the County; to assign and transfer Employees; to hire, promote, and demote Employees; to suspend, discipline, or discharge Employees; to relieve Employees due to lack of work or for other reasons, such layoffs which are normally accomplished through attrition; to make and enforce rules and regulations; and to change methods, equipment, or facilities.

Section 1-9. Whistleblower Policy.

A whistleblower as defined by this policy is an Employee of Taney County who reports an activity that he/she considers to be illegal or dishonest to one or more of the parties specified in this Policy. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate County Officials are charged with these responsibilities.

Examples of illegal or dishonest activities are violations of federal, state or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial reporting.

If an Employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the Employee is to contact his/her Elected Official, Department Head, immediate Supervisor or the Human Resources Director. The Employee must exercise sound judgment to avoid baseless allegations. An Employee who intentionally files a false report of wrongdoing will be subject to discipline up to and including termination.

Whistleblower protections are provided in two important areas - confidentiality and against retaliation. Insofar as possible, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation to comply with the law and to provide accused individuals their legal rights of defense. The County will not retaliate against a whistleblower. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments and threats of physical harm. Any whistleblower who believes he/she is being retaliated against must contact the Human Resources Director immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.

All reports of illegal and dishonest activities will be promptly submitted to the Human Resources Director, any Elected Official, or the Commission, who is responsible for investigating and coordinating corrective action. Employees with any questions regarding this policy should contact the Director of Human Resources.

Section 1-10. Excessive Force of Law Enforcement:

In agreement with, and in following the Excessive Force Resolution that was adopted on June 17, 2002, Taney County is adopting said Resolution as a Policy, effective January 5,2015. ²⁾

Section 1-11. Amendment of Rules.

Amendment of these rules and regulations shall be approved by a majority vote of the County Commission. Copies of such amendments shall be distributed to all Elected Officials and Department Heads, as well as to all Employees. ³⁾