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Topic C - Employment: (Sections 3.4,5)

Section 3. General Employment Policies

Section 3-1 Equal Employment Opportunity

Taney County is an Equal Employment Opportunity Employer (EEOE). It is the intent of Taney County that all personnel activities be conducted in a manner that will assure equal employment opportunity for all persons, without regard to political affiliation, race, color, religion, national origin, sex, sexual orientation, age, disability, status as a Vietnam-era veteran, or any other characteristic protected by law in accordance with all applicable federal and state laws. This policy shall include all personnel practices related to the employment process, promotions, demotion, transfer, layoff, termination, compensation, benefits, training, and general treatment of Employees.

Section 3-2 Labor Law Posters

Taney County is committed to the Fair Labor Standards Act (FLSA). Therefore, you will find current Federal and State Labor Law Posters throughout the Court House, Judicial Building, Planning and Zoning Office, Road and Bridge Offices, University Extension Office and Airport. Taney County participates in the program “Poster Guard“. This means that Taney County is provided with new Labor Law Posters any time there is the slightest change in any Labor Law. Please consult the areas where the Labor Law Posters are posted on a regular basis for information or updates.

Section 3-3 Employment “At Will”

Any employment relationship with Taney County is of an “at will” nature, which means that either Taney County or the Employee may, at any time, terminate the employment relationship with or without cause. Written or oral statements made to the Employee are not to be interpreted in any way that alters the “at will” relationship.

Policies or statements in Taney County’s Personnel Policy Manual are guidelines only, and do not create an employment contract. Neither does this manual express or imply, nor can it be intended as a guarantee of continued employment. The policies are not to be construed as constituting contractual obligations or employment between Taney County and any of its Elected Officials or Department Heads.

Section 3-4. Immigration Law Compliance.

Taney County employs only United States Citizens and aliens authorized to work in the U.S. and will not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new Employee, as a condition of employment, must complete the Employment Eligibility Verification Form, (1-9), and present documentation establishing identity and employment eligibility to Human Resources on their first day of employment. If the required documentation is not .presented by the third day of employment, the Employee will be terminated until they are able to present proper documentation. A list of documents that may be used will be presented to the Employee at New Hire Orientation. In addition, Employees are to be aware that Taney County participates in a process called “E-Verify”. E-Verify is a program where the employer provides the Social Security Administration and, if necessary, the Department of Homeland Security, with information from each new Employee’s Form 1-9 to confirm work authorization. Former Employees who are re­ hired must also fill out an 1-9 upon re-hire.

Section 3-5 Qualification of Employment

It is the policy of Taney County to hire individuals who are qualified for employment as determined by our standards of physical fitness, education, training, experience and personal qualifications. Employees must have earned a High School Diploma or GED, and be at least eighteen (18) years of age. In certain positions the minimum age is twenty-one (21), i.e. The Sheriff’s Office. All decisions regarding the recruitment, selection and placement of Employees are made solely on the basis of job-related criteria. Every effort is made to place new Employees in positions where they will be able to achieve both personal satisfaction and growth. 1)

Section 3-6 Hiring

Elected Officials are the hiring authorities for their offices, unless provided otherwise by Missouri Law. However, no Employee will be placed on the payroll until the Elected Official or representative has properly signed all employment forms administered by Human Resources, pre-employment forms have been completed, including pre­ employment Drug Screening signed by the Employee, submitted to Human Resources, with appropriate employment forms and submitted to the Auditor’s Office. 2)

Section 3-7 Employment of Relatives

Taney County Elected Officials and Department Heads will exercise sound judgment in the placement of related Employees in accordance with Article VII, Section 6 of the Missouri Constitution and the following guidelines: - No person shall be appointed, promoted, transferred or otherwise employed when, as a result, he or she would supervise, have assignment with, or receive supervision from a relative, or significant other. In other words, no Employee is permitted to work within the chain of command of a relative such that one relative’s work responsibilities, salary or career progress, could be influenced by the other relative.

If a relative relationship is established after appointment in which there is a coworker or supervisor-subordinate relationship, the appropriate Elected Official or Department Head will determine if a conflict or potential conflict may arise and if it is necessary to transfer one of the Employees.

For purpose of this policy, “family member or relative” is (a spouse, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, or corresponding in-law or “step” relation, any relative within the fourth degree, by consanguinity or affinity,) and individuals that are not legally related, but live with another employee. This policy applies to all categories of employment, including Full­ time, Part-time and temporary classifications.

Employees and their close friends or significant others may also be assigned to positions that create a coworker or supervisor-subordinate relationship. Elected Officials and Department Heads will, in their discretion, exercise sound judgment with respect to the placement of these Employees in these situations in order to avoid the creation of a conflict or the appearance of a conflict of interest, avoid favoritism or the appearance of favoritism, and decrease the likelihood of conflict or sexual harassment in the workplace.

Section 3-8 Outside Employment

All Taney County Employees are expected to give their position with the County first priority. Therefore it is required that Employees notify their Elected Official, Department Head or Supervisor about their second job, to ensure that it will not interfere with their County position or be viewed as a conflict of interest. Below are guidelines for Employees that do currently have or will seek to have outside employment from the County.

  • A Taney County Employee is not allowed to have outside employment (a second job) if it interferes with the performance of the official duties of the County.
  • A Taney County Employee should never expect a co-worker to cover for them if they are unable to adequately perform their duties for the County due to an outside job.
  • If a Taney County Employee holds an outside job, they will be held to their regular scheduling demands and performance standards as other Employees.
  • As determined by the Commission, it is strictly prohibited for a Taney County Employee to hold any outside employment that constitutes a conflict of interest.
  • A Taney County Employee that holds an outside position may not perform work for that job while on County time.

Section 3-9 Dual Employment

No regular Full Time Employee holding a position in the County service shall be eligible for employment in any additional position in the County service. (An exception would be hiring a Full Time Employee as an Election Judge. This would need to be agreed upon by the County Clerk, the Employee, and the Employee’s immediate Supervisor.)

Procedures for Hiring a County Employee as an Election Judge:

The Taney County Clerk is responsible for the hiring of all Election Judges, including the hiring of other Taney County Employees, to serve as an Election Judge. If the Election Day affects the pay of a County Employee, or affects the Employee taking off work from their regular County job to serve as an Election Judge, the County Employee must have the approval of their Elected Official or Department Head.

The Taney County Clerk has a complete set of guidelines that a County Employee is required to follow, including pay rates, taxes, eligibility for overtime, and vacation. A set of guidelines will be provided to the County Auditor, County Treasurer, Human Resources, and any Elected Official or Department Head.

Taney County Employees who accept the position of an Election Judge are required to sign an acknowledgement stating they understand the guidelines presented to them.

Section 3-10 Employee Orientation and Acknowledgement

No Employee shall receive a paycheck until they have completed orientation and the required forms and paperwork at the Human Resources Department. All Employees will receive a copy of the Personnel Policy Manual at the time of New Hire Orientation. Employees are responsible for understanding and complying with all policies and procedures. As an Employee, you are to sign an acknowledgment form stating that you have received and understand this manual. This form will be retained in your personnel file in Human Resources. Questions concerning the Personnel Policy Manual should be directed to Human Resources, your Elected Official, or Department Head.

Section 3-11 Position Transfer

A position may be filled by transferring an Employee from one Office or Department to another. Inter-departmental transfers must be approved by the requisitioning department and Employee concerned. The relinquishing department may delay the transfer for up to a period of one month, if it should cause a production hardship on the relinquishing department.

Section 3-12 Promotion / Demotion

A position may be filled by selection from qualified Employees in another class having a lower or higher maximum salary range. Upon notification of a promotion or a demotion, the relinquishing department may delay the promotion / demotion for up to a period of one month, if it should cause a production hardship on the relinquishing department.

Section 3-13 Positions

Full Time Position: A Full Time Employee is typically one that works 40 hours per workweek at 2080 hours annually, in each budget year. However, effective 01/01/2014, a Full Time Employee working a 30 hour workweek at 1580 hours annually is considered a Full Time Employee as well. Part Time Position: Part Time Employees are budgeted for less than 1560 hours per year. 3)

Section 3-14 Eligible for Benefits

Upon approval by the County Commission, a position may be eligible for benefits if it is budgeted for a minimum of 1,000 work hours per year. Accrual rates for sick, vacation, and Holiday pay are prorated, based upon the budgeted hours for the position.

Section 3-15 Temporary Positions

Temporary Employees are those who are hired as interim replacements to temporarily supplement the work force or to assist in completion of a specific project. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary Employees retain that status unless and until notified of a change by their Administrative Authority. Temporary Employees receive legally mandated benefits, such as Workers’ Compensation Insurance and Social Security, but they are ineligible for the other County benefits.

Section 3-16 Job Descriptions

The Human Resources Department will strive to keep on file updated job descriptions which will include:

  • Description of work, including the essential functions for the position.
  • Qualifications necessary for the position, such as experience and education requirements.
  • Skills and abilities needed for the position.
  • Physical requirements of the position.
  • Miscellaneous requirements for the position.

Section 4. Introductory & Qualifying Periods

Section 4-1 Purpose

An introductory working period shall be an integral part of the examination process and shall be utilized for closely observing the Employee's work, for securing the most effective adjustment of a new Employee or rehired Employee to the position, and for replacing any Employee whose performance does not meet the required work standards. A new Employee, who has not successfully completed an introductory period and/or extension thereof, shall not have access to grievance or appeal privileges, with the exception of the Sheriff’s Office and Commissioned Officers.

Section 4-2 Duration

All original appointments and re-employments to Full Time and Part Time positions shall be tentative and subject to an introductory period unless waived by the Commission or Elected Official. For entry-level personnel in the law department, this period shall be for at least one (1) year from the date of employment. All other appointments shall be subject to an introductory period of at least three (3) months and up to six (6) months, to be determined by the Commission, Elected Official or Department Head.

Section 4-3 Evaluation and Counseling

Elected Officials, Department Heads and Supervisors shall observe the Employee's work performance and shall counsel an introductory Employee whose work performance is marginal or inadequate. Any Employee whose work performance is marginal or inadequate must be notified in writing of the steps that must be taken to achieve an acceptable level of work performance.

Section 4-4 Extension of Introductory Period

With the approval of the County Commission, Elected Official, or Department Head, the original introductory period may be extended to a maximum of fifty (50) percent of the original length of time if circumstances warrant an extension.

Section 4-5 Termination during Introductory Period

The Elected Official or Department Head shall fill out the appropriate personnel action forms when a decision on termination has been made during the introductory period. Forms should be turned in to Human Resources. A member of Human Resources should accompany the Elected Official or Department Head during the Termination process.

Section 4-6 Completion of Introductory Period

The Elected Official or Department Head shall notify Human Resources when it is determined that the Employee will continue in the position. The Elected Official or Department Head will also notify the Employee when the introduction period is complete.

Section 4-7 Qualifying Period for Promoted & Transferred Employees

The qualifying period for promoted Employees and Employees transferred to a different position shall be the period of time following transfer or promotion from one classification to another within County service. This time can be for a period of at least three (3) months but no more than six (6) months. This period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the Employee's work, for securing the most effective adjustment of a transferred or promoted Employee to the position, and for replacing any Employee whose performance does not meet the required standards. An Employee serving a qualifying period shall have grievance privileges except in matters relating to their status in the position in which they are serving the qualifying period.

Section 4-8 Demotion during Qualifying Period

An Employee serving a qualifying period, who continues to exhibit inadequate performance can be demoted to a position in the class held prior to the promotional appointment, provided a vacancy exists. The Elected Official or Department Head shall notify Human Resources of the decision to demote the Employee. If there is no vacancy, the Employee may be terminated.

Section 5. Separation From Employment

Section 5-1 Separation

Separation of employment is an inevitable part of personnel activity within any organization. Because Missouri is an “at will“ State, an Employee may terminate their employment or an Employee may be terminated “at will”, with or without cause.

Section 5-2 Resignations

Any Employee in good standing may resign from the service of the County by presenting a “Letter of Resignation” in writing. Employees holding positions which are covered by the Fair Labor Standards Act are asked to present such notice of resignation not less than two (2) weeks prior to the effective date of resignation. Employees holding positions which are exempt from coverage under the Fair Labor Standards Act are asked to present notice of resignation no less than four (4) weeks prior to the effective date. Such resignation may be withdrawn by the Employee at any time prior to the effective date, with the approval of the County Commission or Elected Official and Department Head. (Taney County realizes that there may be situations when an Employee cannot give the appropriate two (2) weeks’ notice, or four (4) weeks’ notice in the case of an Exempt Employee. In that case, the Employee should give notice as soon as possible.)

Section 5-3 Terminations

In any case of a proposed personnel action which involves dismissal, a meeting will be held by the Elected Official or Department Head with the Director of Human Resources as soon as possible, following their knowledge of the pending termination. Information shall be presented to Human Resources as to the reason(s) regarding termination of the Employee to be kept in the Employee’s personnel file.

Section 5-4 Reduction in Work Force / Layoffs

An Elected Official or Department Head may separate from employment, any Employee, without prejudice because of lack of funds or curtailment of work, after giving proper notice to the Employee. Eligible Taney County Employees, whose employment is being terminated as the result of a reduction in work force due to budget constraints, may be offered a Settlement and Release Agreement. An eligible Employee is any Full Time Employee of Taney County with at least one year of completed service at time of termination. Conditions of the Settlement and Release Agreement will be decided upon by the County Commission at the time of the Layoff.

Section 5-5 Return of County Property

Separating Employees are required to return all Taney County property, materials, equipment, keys, identification cards (including commissions for law enforcement personnel), and all other written information issued to them or in their possession or control prior to separation of employment.

The County may withhold from the Employee’s final paycheck the cost of any items that are not returned, or are returned damaged, as allowed by law.

Benefits otherwise due to the Employee may also be withheld.

The County may take legal action to recover its property, including filing civil lawsuits, and may turn the case over to the Prosecuting Attorney for possible criminal charges.

Section 5-6 Final Paychecks

Final paychecks are due and payable upon termination for all Employees who are discharged. In some circumstances, there may be an emergency in which the County would need to terminate the employee immediately and would need to require that the Employee leave the County premises immediately. During this type of emergency, the final paycheck will be issued to the Employee at a later time, but as quickly as possible. In addition, the final paycheck can be held until all County property is returned.

Final paychecks are due and payable on the payday following the end of the pay period in which an Employee resigns or retires for those who voluntarily terminate their employment.

All qualified accrued time will be paid unless specified otherwise. The Elected Official or Department Head or Human Resources Director will release final paychecks.

Section 5-7 Employment References after Separation of Employment

Employment References should be conducted through Human Resources. The County will only provide confirmation of previous employment; date of hire; and position occupied. Employees who seek additional reference information shall submit an appropriate liability release form before other information listed will be released to prospective employers about a former Employee. (Release of certain information is, however, mandated by state law for certain employment transactions. In such cases, the County will comply with state law and forward the information to the requesting agency.) Section 5-8 provides a request for release of employment records.

Section 5-8 Request For Release Of Employment Records

I, __________________________________________________,(former Employee's name), the undersigned person, do authorize Taney County to release the following information:

  1. __________________________________________________
  2. __________________________________________________
  3. __________________________________________________
  4. __________________________________________________
  5. __________________________________________________

(Use a separate piece of paper for additional information to be released)

To: __________________________________________________
(Name of Company, Corporation, Prospective Employer, etc.)

I hereby release information related to work performed for Taney County.

By this release, I waive all liability that may accrue against Taney County for information provided under this request and acknowledge that the information will be utilized in my new employment circumstances.

A copy of this Request for Release of Employment Records can serve as an original when supplied.

__________________________________________________
(Signature of former Employee)

_______________
(Date)

__________________________________________________
(Social Security Number)

The above signed person appeared before me this _______________ day of _______________, and attested that this form was read and understood and that the execution of the same was of his/her free will.

__________________________________________________
(Notary Public)

wiki/topic_c.txt · Last modified: by Shawn McKinley

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