The County of Taney has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the American with Disabilities Act (ADA) and implementing Sect 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794 Section 504 states, in part, that “no otherwise qualified individual with a disability shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance”.

1. Complaints should be addressed to the Director of Human Resources, who has been designated by the County to coordinate Section 504/ADA compliance efforts. Complaints should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
2. A complaint should be filed within ten (10) days after the complainant becomes aware of the alleged violation. (Processing allegations of discrimination that occurred before this Grievance Procedure was in place will be considered on a case- by-case basis.)
3. An investigation, as may be appropriate, will follow a filing of a complaint. The Section 504/ADA Coordinator will be in charge of the investigation. These rules contemplate informal but thorough investigations that afford all interested persons and their representatives an opportunity to submit evidence relevant to a complaint.
4. A written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the Section 504/ADA Coordinator and a copy forwarded to the complainant no later than thirty (30) days after its filing.
5. The Human Resources Director will maintain the files and records for the County relating to the complaints filed.
6. The complainant can request a reconsideration of the case in instances where he/she is dissatisfied with the resolution. The request for reconsideration should be made within ten (10) days to the Presiding Commissioner.
7. Using the Grievance Procedure is not a prerequisite to the pursuit of other remedies, including the filing of a Section 504 or related complaint with the responsible Federal department or agency.
8. These rules will be construed to protect the substantive rights of interested persons, meet appropriate due process standards, and assure that the County complies with the ADA, Section 504 and all implementing regulations.

This Grievance Procedure was adopted by the County of Taney, Missouri, on the 19th day of April, 2012.

As designated by the County Commission, Human Resources will keep a record of all personnel files. These personnel files and records shall identify each Employee, the Employee’s departmental assignment, salary rate, dates of employment, employment history, grade level, address, social security number, and such other data as appropriate. Elected Officials and Department Heads may keep copies of such personnel files for their records as well.

Every appointment, transfer, promotion, demotion, dismissal, sick leave, vacation leave and other temporary or permanent changes in the status of Employees in the County service shall be reported in writing. The County Auditor and County Treasurer will receive copies of all reports.

Except for disciplinary action, records involving investigations, correspondence and data related to the moral character and reputation of applicants for employment or Employees of the County; files, statements, reports, correspondence, and other data in connection with and related to investigations of violations of these rules and regulations; examination materials, questions, data, and examinations and tests conducted by the County; and such other confidential papers as specified in these rules or by action of the County, personnel records shall be public records. Such records shall be open to inspection by the public during regular office hours, at reasonable times, and in accordance with such procedures as the County may provide. Salary range and position classification information, as well as basic employment information, shall in all cases be made available to the public on request at reasonable times.

The Human Resources Department retains and destroys personnel records in accordance with County policies and federal and state laws governing records retention. The following outlines the Human Resources Department’s operating procedures for the personnel records retention and destruction of documents, being the minimum time of retention and destruction for Taney County. (In most cases, Human Resources will elect to maintain specific records, up to indefinitely.) Human Resources will notify and consult with The County Clerk before destroying personnel records.

Human Resources maintain Employee record information. (The County Clerk’s Office maintains government compliance reports. The Administrative Services Office maintains payroll reports, timesheets & tax records.

Human Resources Employee information records are maintained in segregated personnel files as noted:

1. Pre-employment Information
2. General Employees’ Personnel Records
3. I-9 Forms
4. Benefit Records
5. Worker’s Compensation / Safety Data
6. FMLA / USERRA
7. COBRA (Consolidated Omnibus Budget Reconciliation Act)
8. Drug Test Records
9. Polygraph Test Records

Personnel records and confidential employee data maintained by Human Resources may be destroyed by shredding after retention dates have passed. This pertains to all personnel records, not just those governed by the Fair and Accurate Credit Transactions Act (FACTA). Application materials submitted by applicants for employment who were never employed may also be shred after retention dates have passed.

Personnel records include electronic as well as paper records. Human Resources will interface with the Information Systems Department periodically to review for purging.

The following set forth the periods of retention for Human Resources of terminated Employees and applicant records and compliance reports: ¹⁾

• Resumes/applications and related employment materials including interview records/notes for applicants not hired: Three years.
• Resumes/applications and related employment materials including interview records/notes for hired Employees: A minimum of Six years after date of termination.
• Background checks, drug test results, driving records, County employment verifications, letters of reference, and related documents for applicants not hired: Three years.
• Background checks, drug test results, driving records, County employment verifications, letters of reference, and related documents for Employees: A minimum of Six years after termination.

Job history: A minimum of six years after date of termination, (hiring, promotions, demotions, transfers, performance appraisals, terminations, training records, incentive plans, merit systems, seniority systems.)

Employee I-9 Forms: The later of three years from date of hire or one year following termination of employment, whichever is later.

Benefit Records: A minimum of Six years after termination.

Worker’s Compensation Claims / Safety Data: Thirty years after date of injury / illness.

FMLA / USERRA and related leave records: A minimum of Three years after termination.

COBRA: There are no recordkeeping requirements for COBRA; however, the above time frame is to remain consistent with ERISA requirements.

Drug Test Records: A minimum of one year from test date (up to a minimum of five years for records relating to drug testing for DOT positions, see §382.401)

Polygraph Test Records: A minimum of three years.

Disputed Issues: Records relating to issues involving external agencies or parties, wage charge, or suit hour investigations by DOL, EEOC, Charge, Arbitrations, Court Actions, etc., a minimum of two years after resolution of dispute.

Compliance Reports / Records:

• State New Hire Reports, W-4’s: A minimum of one year after report filed.
• EEO-4 Reports: A minimum of four years after report filed.

Employees are prohibited from bringing their political affiliations to bear on their official duties. Specifically, the following political activities of Employees are prohibited:

1. Campaign fund raising, or other partisan political activities on County premises, while in the performance of duties and responsibilities as an Employee of the County.
2. Abuse of official position for political ends.
3. Use of official working time or unauthorized use of County resources for political activity.
4. Promising any employment, position, work, compensation, or other benefits as consideration, favor or reward for political activity.
5. Performing political activities at the direction of an Elected Official, Department Head or Supervisor.

Regarding conflict of interest, Taney County will follow the guidelines that are provided through the State or Personal Financial Disclosure and Ethics Commission.

Any Employee found guilty of any violation of this section shall be subject to any disciplinary action up to and including dismissal, as defined by these rules and such other penalties as may be deemed appropriate and consistent with the laws of the County and the State of Missouri.