County Personnel Policy Manual

TANEY COUNTY, MISSOURI
PERSONNEL POLICY MANUAL

INTRODUCTION
A GENERAL RULES
B HIRING OF EMPLOYEES
C EMPLOYMENT
D EMPLOYEE RESPONSIBILITIES
E INFORMATION SYSTEMS
F EMPLOYEE BENEFITS
G PAYROLL
H EXPENSES
I LEAVES OF ABSENCE
J SAFETY AND HEALTH
K RECORDS
L FINAL REMARKS
 Taney County
Personnel Policy Manual
Revised and Adopted: February 10, 2014
Taney County Elected Officials
Ronald D. Houseman Presiding Commissioner
Danny Strahan Eastern Commissioner
Brandon Williams Western Commissioner
Chuck Pennel Assessor
Rick Findley Auditor
Brenda Neal Circuit Clerk
Sheila Wyatt Collector of Revenue
Kevin Tweedy Coroner
Donna Neeley County Clerk
Melanie Smith County Treasurer
Jeff Merrell Prosecuting Attorney
Carol Davis Public Administrator
Robert Dixon Recorder
Jimmie Russell Sheriff

Department Administrators
Airport Manager Mark Parent
Building & Grounds Supervisor Renee Brusca
Emergency Management Chris Berndt
Human Resources Director Linda Sorenson
Information Systems Administrator Marc Rys
Juvenile Officer Mike Scofield
Planning & Zoning Administrator Robert Atchley
Purchasing Director Ron Erickson
Road & Bridge Interim Administrator Randy Haes
911 Administrator Tammy Hagler
 Taney County Purpose
Taney County is committed to excellence in County Government and responsibility to all
County Citizens without regard to politics or prejudice. The citizens of Taney County
employ all County Elected Officials, Department Heads and County Employees.

This Personnel Policy Manual is to provide uniformity of personnel policies and
procedures that affect employment with Taney County. These policies and procedures
have been reviewed by Taney County Elected Officials and Human Resources and
approved by the County Commission, with the goal of providing fair and consistent
treatment of all County Employees. This manual is for informational purposes only and
is not intended as an employment contract or to create contractual rights for Employees.

No policy manual can be entirely specific. This policy manual is designed to inform you
of general County policies as well as give you notice of some of your legal rights under
local, state and federal law.

The Commission reserves the right to amend these policies as needed, and will inform
you of those changes as they develop. When a policy is revised, Employees will
receive a copy of the new policy. Whenever possible, copies of the new or revised
policy will be sent to all Employees via email. However, there will be circumstances
when the Employee needs to sign a distribution list that is presented to the County
Office or Department they work in. At times, a Policy Acknowledgement will accompany
the revised policy. The Employee should sign the Acknowledgement and return it to
Human Resources in a timely manner.

We encourage all Employees to carefully study this manual. Employees are
responsible for understanding and being familiar with its content.

This Personnel Policy Manual is submitted and adopted on: February 10, 2014

Ronald D. Houseman, Presiding Commissioner

_________________________________________ ___________________
Signature Date

Danny Strahan, Eastern District Commissioner

_________________________________________ ___________________
Signature Date

Brandon Williams, Western District Commissioner

________________________________________ ___________________
Signature Date
 History of Taney County
Taney County was organized on January 4, 1837. The name “Taney County” originated
from Roger B. Taney, Chief Justice of the United States Supreme Court. Forsyth,
Missouri was named as the “County Seat”.

In the beginning, court met in private homes while a Courthouse site was being selected
in Forsyth, MO. Before a permanent structure could be built in that community,
Commissioners were appointed by the State Legislature. The Commissioners decided
to relocate the County Seat to a site near Bull Creek.

Around 1855, the community constructed a three-story Courthouse, which was
considered a rare structure for that period. The Courthouse was destroyed on July 22,
1861, during a Civil War Battle.

The Courthouse was rebuilt, but once again destroyed. This time it was destroyed by
fire, on December 19, 1885.

The Courthouse was rebuilt a third time in 1891. When Bull Shoals Lake inundated the
area in 1951, the Courthouse was flooded. The County sold it to the School of the
Ozarks (now College of the Ozarks).

The building was moved in 1952 to permit the building of Bull Shoals Lake.

The fourth and present Courthouse was occupied on August 1, 1952. In 1989 an
addition was started and then completed in 1991.

On January 1, 2001, Taney County became the first County in the State of Missouri to
move from a “Third Class County” to a “First Class County”.

The next building project was to build a new Judicial Facility next to the Courthouse.
Groundbreaking was on June 15, 2006. Elected Officials and employees moved into
the Judicial Facility in September, 2008.
 PERSONNEL POLICY MANUAL
TABLE OF CONTENTS

INTRODUCTION:

Taney County Elected Officials and Department Heads

Taney County Purpose

History of Taney County

TOPIC A - GENERAL RULES: (SECTION 1)

GENERAL PROVISIONS SECTION 1

Section 1-1. Purpose of Rules Page 1

Section 1-2. Positions Covered by the Rules Page 1

Section 1-3. Administration of the Rules Page 1

Section 1-4. Departmental Regulations Page 2

Section 1-5. Open Communications Page 2

Section 1-6. Political Activity Page 2

Section 1-7. County Property Page 2

Section 1-8. County Retained Rights Page 3

Section 1-9. Whistle Blower Policy Page 3

Section 1-10. Amendment of Rules Page 4

TOPIC B - HIRING OF EMPLOYEES: (SECTION 2)

APPLICATIONS AND APPLICANTS SECTION 2

Section 2-1. Recruitment Page 5

Section 2-2. Application Form Page 5
 Section 2-3. Reference Checking Page 5

Section 2-4. Pre-Employment Record Checks and Testing Page 6

Section 2-5. Disqualification Page 6

Section 2-6. Disqualification by Reason of Police Record Page 7

TOPIC C - EMPLOYMENT: (SECTIONS 3,4,5)

GENERAL EMPLOYMENT POLICIES SECTION 3

Section 3-1. Equal Employment Opportunity Page 8

Section 3-2. Labor Law Posters Page 8

Section 3-3. Employment “At Will”` Page 8

Section 3-4. Immigration Law Compliance Page 8

Section 3-5. Qualification for Employment Page 9

Section 3-6. Hiring Page 9

Section 3-7. Employment of Relatives Page 9

Section 3-8. Outside Employment Page 10

Section 3-9. Dual Employment Page 11

Section 3-10. Employee Orientation and Acknowledgment Page 11

Section 3-11. Position Transfer Page 11

Section 3-12. Promotion / Demotion Page 11

Section 3-13. Positions Page 12

Section 3-14. Eligible for Benefits Page 12

Section 3-15. Temporary Positions Page 12

Section 3-16. Job Descriptions Page 12
INTRODUCTORY & QUALIFYING PERIODS SECTION 4

Section 4-1. Purpose Page 13

Section 4-2. Duration Page 13

Section 4-3. Evaluation and Counseling Page 13

Section 4-4. Extension of Introductory Period Page 13

Section 4-5. Termination During Introductory Period Page 13

Section 4-6. Completion of Introductory Period Page 14

Section 4-7. Qualifying Period for Promoted &Transferred Employees 14

Section 4-8. Demotion during Qualifying Period Page 14

SEPARATION FROM EMPLOYMENT SECTION 5

Section 5-1. Separation Page 15

Section 5-2. Resignations Page 15

Section 5-3. Terminations Page 15

Section 5-4. Reduction in Work Force / Layoffs Page 15

Section 5-5. Return of County Property Page 15

Section 5-6. Final Paychecks Page 16

Section 5-7. Employment References after Separation of Employment 16

Section 5-8. Request for Release of Employment Records Page 17

TOPIC D – EMPLOYEE RESPONSIBILITIES: (SECTIONS 6,7,8,9,10,11,12,13,14)

HUMAN RESOURCES SECTION 6

Section 6-1. Important Information Needed by Human Resources Page 18

Section 6-2. Important Information Required Page 18

Section 6-3. Employee Requirements Page 18

Section 6-4. Employee Performance Evaluations Page 19
CODE OF ETHICS / EMPLOYEE CONDUCT SECTION 7

Section 7-1. Code of Ethics Page 21

Section 7-2. Employee Conduct Page 22

Section 7-3. Customer Service Page 23

Section 7-4. Parking Recommendations Page 23

Section 7-5. Press Page 24

Section 7-6. Solicitations and Distribution Page 24

PERSONAL APPEARANCE / DRESS CODE SECTION 8

Section 8-1. General Policy Page 25

Section 8-2. General Guidelines Page 25

Section 8-3. Office Attire Page 25

Section 8-4. Casual Dress Page 26

Section 8-5. County Uniforms Page 26

WORK SCHEDULES, ATTENDANCE SECTION 9
AND INCLEMENT WEATHER

Section 9-1. Regular Working Hours; Exceptions Page 29

Section 9-2. Recording Work Hours Page 29

Section 9-3. Attendance and Punctuality Page 29

Section 9-4. No-Call / No-Show Page 30

Section 9-5. Absence Due to Illness Page 30

Section 9-6. Attendance and Leaves of Absence Page 30

Section 9-7. Attendance and Break Periods Page 31

Section 9-8. Inclement Weather and Attendance Page 31

Section 9-9. Closing of the Courthouse Page 31

Section 9-10. Administrative Offices Page 32
 Section 9-11. Building and Grounds Department Page 32

Section 9-12. Sheriff’s Office and Road and Bridge Departments Page 32

AMERICANS WITH DISABILITIES ACT (ADA) SECTION 10

Section 10-1. ADA Policy Page 33

ANTI-HARASSMENT SECTION 11

Section 11-1. General Policy Page 35

Section 11-2. Sexual Harassment Page 35

Section 11-3. Violation of Policy Page 36

Section 11-4. Employee Responsibility and/or Complaint Page 36

Section 11-5. Investigation Page 36

Section 11-6. Consequences Page 37

PROGRESSIVE DISCIPLINE POLICY SECTION 12

Section 12-1. General Policy Page 38

Section 12-2. Formal Warnings Progression Page 38

Section 12-3. Immediate Discharge of an Employee Page 39

SUBSTANCE ABUSE POLICY SECTION 13

Section 13-1. Purpose of Substance Abuse Policy Page 40

Section 13-2. General Policy Page 40

Section 13-3. Testing Circumstances Page 42

Section 13-4. Refusal to Submit to a Drug or Alcohol Test Page 43

Section 13-5. Positive Test Results and Consequences Page 43

Section 13-6. Off Site Violations and Convictions/Guilty Pleas Page 44

Section 13-7. Education and Rehabilitation Page 45

Section 13-8. Confidentiality Page 45

Section 13-9. Policy Acknowledgment Page 45
 Section 13-10. Road and Bridge Employees Page 45

WORKPLACE VIOLENCE SECTION 14

Section 14-1. General Policy Page 46

Section 14-2. Employee Responsibility Page 46

Section 14-3. Reporting of Workplace Violence Page 46

Section 14-4. Protective / Restraining Order Page 47

TOPIC E – INFORMATION SYSTEMS: (SECTIONS 15, 16)

INFORMATION SYSTEMS SECTION 15

Section 15-1. Computer, Email and Internet Use Page 48

Section 15-2. Network and Information Systems Password Page 50

Section 15-3. Phone and Mail System Page 51

Section 15-4. Social Media Page 51

ELECTRONIC RECORDS ADMINISTRATION SECTION 16

Section 16-1. Purpose Page 53

Section 16-2. Definition Page 53

Section 16-3. Scope Page 53

Section 16-4. Electronic Records Policy Statement Page 53

Section 16-5. General Requirements Page 53

Section 16-6. Electronic Mail Page 54

Section 16-7. Safeguarding/Accessibility of Electronic Records Page 54

Section 16-8. Electronic Records Backup Page 55

Section 16-9. Litigation Holds Page 55

Section 16-10. Legality of Electronic Records Page 56

Section 16-11. Application of Policies Page 56
TOPIC F – EMPLOYEE BENEFITS: (SECTIONS 17, 18)

HEALTH AND LIFE INSURANCE SECTION 17

Section 17-1. Health and Life Insurance Page 57

Section 17-2. Retirement Plans Page 58

Section 17-3. Cafeteria Plan Page 59

Section 17-4. Deferred Compensation Page 59

Section 17-5. Flexible Spending Program Page 59

Section 17-6. Consolidated Omnibus Budget Reconciliation Act (COBRA) 59

HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT (HIPAA) SECTION 18

Section 18-1. Description of HIPAA Page 60

Section 18-2. Employee Notification Notice of Privacy Practices Page 60

Section 18-3. Rights and Responsibilities of the County Page 61

TOPIC G – PAYROLL: (SECTIONS 19, 20, 21, 22, 23)

PAYROLL AND COMPENSATION PLAN SECTION 19

Section 19-1. Payroll Procedures Page 62

Section 19-2. County Compensatory Time Policy Page 62

Section 19-3. County Compensatory Time Defined Page 63

Section 19-4. Facts about Compensatory Time Page 63

Section 19-5. Using Your Accumulated Compensatory Time Page 63

Section 19-6. County Overtime Work Policy Page 63

Section 19-7. Facts about Overtime Page 64

Section 19-8. Workweek Defined Page 64

Section 19-9. Payment for Overtime Page 65

Section 19-10. Payment at Separation of Employment Page 65
 Section 19-11. Seminars and Training Page 65

PAID HOLIDAYS SECTION 20

Section 20-1. Holiday Benefits Page 66

Section 20-2. Working Ten (10) Hour Days Page 66

Section 20-3. Approved Paid Holidays Page 66

Section 20-4. Defining Date of Holiday Page 67

Section 20-5. Holiday Pay Page 67

PERSONAL DAYS SECTION 21

Section 21-1. Personal Days Received Page 69

Section 21-2. Use and Payment of Personal Days Page 69

Section 21-3. Unused Personal Days and Separation from Employment 69

SICK LEAVE SECTION 22

Section 22-1. Amount of Sick Leave Page 70

Section 22-2. Sick Leave Taken Page 70

Section 22-3. Notification Page 70

Section 22-4. Not Considered Sick Leave Page 70

Section 22-5. Unused Sick Leave and Separation from Employment 71

VACATION SECTION 23

Section 23-1. Vacation Policies – Plan A; Plan B Page 72

Section 23-2. Vacation Payment upon Separation Page 74

Section 23-3. Vacation Periods with Holidays Page 74

Section 23-4. Vacation for Law Enforcement Department Page 74

Section 23-5. Vacation and Medical Leave for FMLA or other Medical Leaves 74

Section 23-6. Vacation Schedules Page 74

(Vacation Plan Election Form) Page 75
TOPIC H – EXPENSES: (SECTIONS 24, 25)

COUNTY PURCHASING SECTION 24

Section 24-1. Purchasing Mission Statement Page 76

Section 24-2. County Purchasing Card

TRAVEL EXPENSES SECTION 25

Section 25-1. Expenses Page 77

Section 25-2. Rules Page 77

Section 25-3. Reimbursement Page 77

Section 25-4. Reimbursable Expenses Page 77

Section 25-5. Personal Travel Page 78

Section 25-6. Non-Reimbursable Expenses Page 78

Section 25-7. Travel Advance Page 79

Section 25-8. Airfare Page 79

Section 25-9. Tax Exempt Letter Page 79

Section 25-10. Expense Procedure Page 79

TOPIC I – LEAVES OF ABSENCE: (SECTION 26)

LEAVES OF ABSENCE SECTION 26

Section 26-1. Approval Authority Page 80

Section 26-2. Bereavement Leave Page 80

Section 26-3. Family Medical Leave Page 80

(Employee Rights and Responsibilities Under FMLA) Page 92

Section 26-4. Medical Leave of Absence Page 93

Section 26-5. Maternity / Pregnancy Leave Page 93
 Section 26-6. Jury / Witness Duty Page 93

Section 26-7. Military Leave Page 94

Section 26-8. Military Training Leave of Absence Page 95

Section 26-9. Voting Privilege Leave Page 96

Section 26-10. Catastrophic Leave Sharing Page 96

(Form for transferring time and Form for Acknowledgement of Acceptance) Page 100

TOPIC J – SAFETY AND HEALTH: (SECTION 27)

SAFETY AND HEALTH SECTION 27

Section 27-1. Safety and Health Rules Page 102

Section 27-2. Smoking Cessation and “Smoking Permitted” Areas Page 102

Section 27-3. Acquired Immune Deficiency Syndrome (AIDS) Page 103

Section 27-4. Children in the Workplace Page 103

Section 27-5. Use of Vehicles and Equipment Page 104

Section 27-6. Reporting Vehicle Accidents Page 104

Section 27-7. Commercial Drivers License Page 105

Section 27-8. Cell Phone Policy Page 105

Section 27-9. Open Flame Policy Page 106

Section 27-10. County Wellness and Fitness Center Page 106

Section 27-11. Lactation / Breastfeeding Policy Page 108

Section 27-12. Work Related Injury and/or Illness Page 108

Section 27-13. Juvenile Court Employees Page 111

(Employee Report of Injury/Illness and Supervisor’s Report of Injury / Illness)

Page 112

Page 114
TOPIC K – RECORDS: (SECTIONS 28, 29, 30,)

APPEALS AND GRIEVANCES SECTION 28

Section 28-1. Grievance Policy Page 116

Section 28-2. Complaints Page 116

RECORDS AND REPORTS SECTION 29

Section 29-1. Personnel Records Page 118

Section 29-2. Reports Page 118

Section 29-3. Public Records Page 118

Section 29-4. Human Resources Records Retention and Destruction Policy 118

PROHIBITIONS AND PENALTIES SECTION 30

Section 30-1. Participation in Political Activities Page 121

Section 30-2. Conflict of Interest Page 121

Section 30-3. Penalties Page 121

TOPIC L – FINAL REMARKS (SECTION 31) SECTION 31

Section 31-1. Purpose of Personnel Policy Manual Page 122

Section 31-2. Sheriff’s Supplement to the Taney County Personnel Policy 122

Section 31-3. Disclaimer and Acknowledgement Statement Page 124
TOPIC A – GENERAL RULES: (SECTION 1)

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.

Section 1-3. Administration of the Rules.

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

1
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.

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

2
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

3
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. 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.

4
TOPIC B – HIRING OF EMPLOYEES: (SECTION 2)

SECTION 2. APPLICATIONS AND APPLICANTS
Section 2-1. Recruitment.

Notice of employment opportunities in the County service may be published when at all
possible by posting announcements on the Human Resources Department’s website,
official bulletin boards, and in such other places as the County Commission, Elected
Officials, or Department Heads deem advisable including, as appropriate, a newspaper
in general circulation in the area or region or with Missouri Career Source when at all
possible.

The announcements shall specify the Position available; the hiring Office or
Department; the nature of the work to be performed; the minimum qualifications
required for the performance of the work; the time, place, and manner of making
application; the closing date for receiving applications; and other pertinent information.

Section 2-2. Application Form.

All applications shall be made on forms prescribed by Taney County and shall be filed
on, or prior to the closing date specified in the announcement. Applications may require
information concerning education, employment experience, references, and other work
related information pertinent to the position. All applications shall be signed and the
truth of the statements contained therein certified by signature. The hiring Elected
Official or Department Head or Human Resources may require such proof of education,
experience, and other claims as may be appropriate. Human Resources will share all
applications received with the hiring Elected Official or Department Head.

Section 2-3. Reference Checking.

To ensure that applicants for employment meet the requirements and qualifications for
an open position, reference checking may be conducted in regards to previous
employment, education, and personal references before any offer of employment is
extended to an applicant. Results of the applicant’s reference checking from previous
or current employers shall be conducted by the Elected Official, and/or Human
Resources and shared with the County’s hiring Supervisor for the position in question if
assigned.

Outside employment verifications shall be conducted by Human Resources.
Responses from Taney County will confirm only dates of employment and position(s)
held. In some cases wage rates may be shared, with the former Employee’s
permission. The County will not provide any subjective information of any kind unless
an act of gross misconduct was committed by the Employee.

5
Section 2-4. Pre-Employment Record Checks and Testing.

Record checks such as criminal and driving records may be conducted upon an offer of
employment being extended. Criminal history checks will be performed for positions in
the Sheriff’s Office, Prosecutor’s Office, Building and Grounds, Juvenile Services and
other security sensitive positions. Criminal history checks may also be performed for all
other positions. Employees and applicants may have their applications rejected or be
subject to dismissal if a criminal background check reveals a conviction that has a
bearing on the work to be performed for the County, or if they pose a risk of harm or
loss to the public. In addition, pre-employment drug testing is required upon an offer of
employment. Employment date of hire is contingent upon successfully completing the
pre-employment drug test and confirmed as negative before the first day of
employment. (See Substance Abuse Policy).

Section 2-5. Disqualification.

The County Commission, Elected Official, Department Head or Human Resources may
refuse to examine an applicant, or, after examination, may disqualify such applicant,
remove a name from an eligible list, or refuse to interview an applicant, or may take
steps to remove such person already appointed if the applicant or Employee:

(a) Does not meet the preliminary requirements established for the pertinent class;
(b) Has a physical or mental disability such that the person is unable to perform the
essential functions of the job;
(c) Tests "positive" on drug tests, is a current user of narcotics or the habitual
use of intoxicating liquors in excess;
(d) Has made a false statement on an application;
(e) Has used or attempted to use political pressure or bribery to secure an
advantage in the examination;
(f) Has directly, or indirectly, obtained information regarding the examination to
which, as an applicant, the applicant was not entitled;
(g) Has failed to submit the application correctly or within the prescribed time limits;
(h) Has previously been dismissed from a position in the County service or has
resigned while charges for dismissal were pending;
(i) Has otherwise willfully violated the provisions of these rules;
(j) Has established an unsatisfactory employment or personnel record as evidenced
by a reference check of such a nature as to demonstrate unsuitability for
employment;
(k) Has taken a drug test for another employee or allowed another employee to take
a drug test for them;
(l) Has a criminal history that may expose the public to a risk of harm or loss.

Applications, whether accepted or rejected, shall not be returned and shall remain on
file for a period of three (3) years unless hired. Once hired, the application will be
transferred to the Employee’s Personnel File.
6
Section 2-6. Disqualification by Reason of Police Record.

Employees and applicants may have their applications rejected or be subject to
dismissal if a background check reveals conviction of a felony or misdemeanor that has
a bearing on the work to be performed for the County or if they pose a risk of harm or
loss to the public.

7
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,

8
as a condition of employment, must complete the Employment Eligibility Verification
Form, (I-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 I-9 to confirm work authorization. Former Employees who are re-
hired must also fill out an I-9 upon re-hire.

Section 3-5. Qualification for 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. 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.

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, and pre-employment forms have been completed, including pre-
employment Drug Screening that has been signed by the Employee, and are submitted
to the Human Resources Office, with appropriate employment forms submitted to the
Auditor’s Office.

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:

a) 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

9
 relative’s work responsibilities, salary or career progress could be influenced by
the other relative.
b) 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.
c) 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.
d) 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.

10
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 Acknowledgment.

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

11
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 works 2080 hours annually, in each budget
year.

Part Time Position: Part Time Employees are budgeted for less than 2080 hours per
year.

(In 2011 the Commission moved to abolish the 20 hour workweek at 50% premium
option for all new county Employees, excluding retirement.)

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:

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

12
 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.

13
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 and 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.

14
 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,
15
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.

16
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.)

Relating 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

17
TOPIC D – EMPLOYEE RESPONSIBILITIES:
(SECTIONS 6,7,8,9,10,11,12,13,14)

SECTION 6. HUMAN RESOURCES

Section 6-1. Important Information Needed by Human Resources.

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.

Section 6-2. Important Information Required.

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 – or – 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.

Section 6-3. Employee Requirements (to share with HR):

1. Any bereavement leave or funeral leave that is needed;
2. Any marriage, divorce or birth;
18
 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).

Section 6-4. Employee Performance Evaluations.

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.

19
In order to continue in their current position and as an Employee of Taney County, the
Employee must be marked as “YES” in the following category:
a) Employee’s performance is on target for 90 day report.
In the event that the Employee is marked as “YES” in the next category:
b) Employee’s performance is sub-standard:
As recommended by the Elected Official, Department Head or Supervisor, It shall be
noted that the Employee is in need of improvement and that their introductory period
is to be extended for 30 days, 60 days or 90 days, at which time their performance
will be re-evaluated.

If the Employee receives a marking of “YES” in the category:
c) Employment is to be terminated;
Steps will be taken accordingly to terminate the Employee.

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.

20
 SECTION 7. CODE OF ETHICS / EMPLOYEE CONDUCT
Section 7-1. Code of Ethics.

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
21
 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:

A. 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.

B. Disciplinary action will be taken, not only against individuals who authorize or
participate directly in a violation of the Policy, but also against:
1. Any Employee who may have deliberately failed to report a violation of the
Policy;
2. Any Employee who may have deliberately withheld relevant and material
information concerning a violation of this Policy and
3. 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.

Section 7-2. Employee Conduct.

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.
22
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.

Section 7-3. Customer Service.

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.

Section 7-4. Parking Recommendations.

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

23
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.

Section 7-5. Press.

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.

Section 7-6. Solicitations and Distribution.

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.

24
 SECTION 8. PERSONAL APPEARANCE / DRESS CODE
Section 8-1. General Policy.

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.

Section 8-2. General Guidelines.

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.

Section 8-3. Office Attire.

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.

25
(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.

Section 8-4. Casual Dress.

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.

Section 8-5. County Uniforms.

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 Sheriff’s 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

26
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.

27
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.

28
 SECTION 9. WORK SCHEDULES, ATTENDANCE

AND INCLEMENT WEATHER

Section 9-1. Regular Working Hours; Exceptions.

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

Regular working hours for all Full Time Employees shall be forty (40) hours in any five
(5) consecutive eight (8) hour days. 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.

Section 9-2. Recording Work Hours.

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.)

Section 9-3. Attendance and Punctuality.

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.

29
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; and
• 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.

Section 9-4. No-Call / No-Show.

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.

Section 9-5. Absence Due to Illness.

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.

Section 9-6. Attendance and Leaves of Absence.

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.
30
Section 9-7. Attendance and Break Periods.

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.

Section 9-8. Inclement Weather and Attendance.

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.

Section 9-9. Closing of the Courthouse.

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.

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. HR 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.
31
 2. Contacting Radio Station KRZK 106.3 FM, list on KY 3 TV’s website under
“Posted Closings”, list 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.

Section 9-10. Administrative Offices.

In the event that the Courthouse must close, Employees in the Administrative Offices
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.

Section 9-11. Building and Grounds Department.

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.

Section 9-12. Sheriff’s Office and Road and Bridge Department.

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.

(revised 3/6/14)

32
 SECTION 10. AMERICANS WITH DISABILITIES ACT (ADA)
Section 10-1. ADA Policy.

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:
a) How well it accommodates the needs of the individual with a disability;
b) How reliable it is;
c) Whether it can be made available in a timely manner; and
d) Whether it imposes an undue hardship defined as an action requiring significant
difficulty or expense.

An individual with a disability is a person who:
a) Has a physical or mental impairment that substantially limits one or more major
life activities;
b) Has a record of such an impairment; or
c) 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:
a) Making existing facilities used by Employees readily accessible to and usable by
persons with disabilities.
b) Job restructuring, modifying work schedules, reassignment to a vacant position;
c) Acquiring or modifying equipment or devices, adjusting or modifying
examinations, training materials, or policies, and providing qualified readers or
interpreters.
33
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.

34
 SECTION 11. ANTI-HARASSMENT.
Section 11-1. General Policy.

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.

Section 11-2. Sexual Harassment.

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

35
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.

Section 11-3. Violation of Policy.

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.

Section 11-4. Employee Responsibility and/or Complaint.

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.

Section 11-5. Investigation.

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.

36
False Reports of discrimination or harassment, or providing false evidence to
investigators, will result in disciplinary action, up to and including termination of
employment.

Section 11-6. Consequences.

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.

37
 SECTION 12. PROGRESSIVE DISCIPLINE POLICY
Section 12-1. General Policy.

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.

Section 12-2. Formal Warnings Progression.

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.

38
 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.

Section 12-3. Immediate Discharge of an Employee.

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.

39
 SECTION 13. SUBSTANCE ABUSE POLICY
Section 13-1. Purpose of Substance Abuse Policy.

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.

Section 13-2. General Policy.

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
40
 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 Employee Screening 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).
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.

41
Section 13-3. Testing Circumstances.

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.

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
42
 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.

Section 13-4. Refusal to Submit to a Drug or Alcohol Test.

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; or
4. Simply refuses to be tested which will be considered direct insubordination.

Section 13-5. Positive Test Results and Consequences.

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.
43
 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; or
• 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; or
• Termination.

Section 13-6. Off Site Violations and Convictions/Guilty Pleas.

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.

44
Section 13-7. Education and Rehabilitation:

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.

Section 13-8. Confidentiality.

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.

Section 13-9. Policy Acknowledgment.

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

Section 13-10. Road and Bridge Employees.

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.

45
 SECTION 14. WORKPLACE VIOLENCE
Section 14-1. General Policy.

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.

Section 14-2. Employee Responsibility.

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”.

Section 14-3. Reporting of Workplace Violence.

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.

46
Section 14-4. Protective / Restraining Order.

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.

47
TOPIC E – INFORMATION SYSTEMS: (SECTIONS 15,16)

SECTION 15. INFORMATION SYSTEMS
Section 15-1. Computer, Email and Internet Use.

Taney County recognizes that the use of the computer, e-mail and the internet is of
utmost importance for expedient communications, both internally and externally. The
County views the legitimate use of e-mail and the internet system as potentially
enhancing a large number of its functions and services being provided to the public.
This policy is to insure the responsible and acceptable use of these resources. This
policy applies to all Employees, Contractors, Volunteers and other individuals who are
provided access to these systems.

Email. E-mail may only be used for County related business messages between Taney
County and all other business relationships such as Customers, Vendors, other
Counties, etc. during the work time of an Employee.

E-mail is not to be used for personal correspondence during the work hours unless an
emergency arises, or as directed and allowed by the Employee’s Elected Official or
Department Head, or during the Employee’s noted lunch break. However, a personal
email should not be sent County-wide in regards to yard sales, garage sales, a get
together, fund-raisers, etc. (An exception would be fundraisers for fellow co-workers in
need.)

Taney County Employees may not send any type of email from the County System for
the use of political purposes, promotions, or in support of any candidate, any political
party, any amendment, etc. We understand that Employees cannot control emails that
are sent to them from outside the County regarding the topics in this paragraph.
However, an Employee receiving any outside emails related to these topics should
inform Information Systems and then delete the email.

It is suggested that current employees and new hires receive training by the Information
System’s Department on how to recognize SPAM.

Internet. Internet usage is to be limited to work related activities. By keeping internet
usage down, it will help to avoid additional charges that would be attached.

Taney County recognizes that the Internet is a valuable business resource tool.
However, to prevent problems that can cause e-mail and/or the network to be down for
long periods of time, Internet downloads are not permitted on County computers. This
includes music, videos, and pictures not related to the County, since these are the types

48
of files that are known for carrying viruses that can cripple our network, including e-mail.
Taney County reserves the right to monitor e-mail and internet traffic on all County
owned computers in order to track email and internet usage and to ensure certain types
of files are not being downloaded or viewed on County computers.

All data and other electronic messages within this system are the property of the
County. This includes all of the material and information created, transmitted or stored
on this equipment.

There should be no expectation of privacy for any of the material or information. All
users must realize that material or information that has been deleted can be retrieved
and viewed by others. That also includes any e-mail that has been deleted.

An outlined list of usage for different computer programs for all Employees of Taney
County is listed below:

Internet Usage:

1. Internet use is for work related purposes.
2. Internet use is subject to being monitored and reviewed to insure that policy
standards are maintained.
3. Constant streaming media is not allowed unless needed for County business.
Examples of constant streaming are: Internet Radio Stations, Video News,
Weather Bug, etc.
4. No software or programs may be downloaded from the Internet.
5. Browsing of restricted content web sites is prohibited such as pornographic
material. The County has blocked access to web sites which contain
pornographic material. If the Employee finds a new site that has not yet been
blocked, the Employee is required to report such sites to Information Systems
immediately.
6. Violation of Copyright laws is strictly prohibited.

Software:

1. Do not install any software on your workstation. This includes installations from
the Internet, floppy disk, CD, or other media types.
2. For security purposes, Napster or other peer to peer file sharing software is
strictly prohibited. ICQ, AOL, Instant Messenger is to be used only for County
related purposes. The Information Systems Department must approve all non-
Windows screen savers.
3. All requests for additional software must be approved with the Information
Systems Department.
49
Hardware:

1. Do not install any hardware without first consulting the Information Systems
Department.
2. No personal computer accessories may be used on County owned computers,
i.e. speakers, mice, keyboards, monitors, personal data assistants (Visor, Palm,
Casio, Blackberry, etc.) without first consulting, and the approval of the
Information Systems Department. If a special accessory is needed, or needs to
be installed, please obtain approval through the Information Systems
Department.

Network:

1. No home or Employee’s personal computer or other device may be connected to
the County’s network without approval of the Information Systems Department.
2. No hacking or scanning for network vulnerabilities is permitted.

E-mail:

1. Do not forward virus alerts, chain letters or similar e-mails.
2. Never open e-mail attachments from sources you do not know.
3. Do not subscribe to newsletters or other mailing lists that are not work related.

File Storage:

1. Unapproved files include mp3’s, video clips, or a large number of personal
photos.
2. All important work related files and documents should be stored on the network
where they can be backed up daily. Consult the Information Systems
Department to set up storage space on an appropriate network drive for these
types of files.
3. Keep your local drive file storage area clean of temporary or outdated files. If
you need assistance in doing this, please check with the Information Systems
Department.

Section 15-2. Network and Information Systems Password.

It is the policy of Taney County that all County passwords, personal passwords, alarm
codes and door cipher codes be secure at all times. This policy is in place in order to
maintain security where needed at all times.

50
Section 15-3. Phone and Mail System.

It is the policy of Taney County for our Employees to conduct business in a professional
manner. Therefore, the use of the County phone should be used primarily for business
use. However, we know there are times when an emergency arises and an Employee
needs to make a personal call. These calls should be approved by an Elected Official
or Department Head. They should be infrequent and brief. Employees will be required
to reimburse the Treasurer for any long-distance, toll call charges resulting from their
personal use of the telephones. Non-emergency calls should be made on breaks or at
lunchtime.

The mail system is reserved for County purposes only.

It is a violation of state law for offices to establish a policy that Employees may use the
County postage meter or telephone system for personal business, and then put cash
into an office pool to pay for such usage. No County money can be retained by any
office – all reimbursements to the County must be made to the County Treasurer, and
you must obtain a receipt for the reimbursement.

Section 15-4. Social Media.

Because of the number of thriving online communities, social networking has become
an important form of personal communication. Social media includes blogs, podcasts,
message boards, news Web sites, content-sharing sites like YouTube, and social
networking sites such as Linkedin, Facebook, MySpace and Twitter, etc.

The fundamental rules of the road are simple: County policies and standards apply to
both the physical and virtual communication world. This policy covers two areas of
Employee online conduct:

1. Maintaining personal blogs/social networking sites and posting to existing
blogs/social networking sites and posting to existing blogs, or
2. Blogging as an identified Employee supporting the County.

Using Social Media as an Individual: When using social media as an individual, you
are still an Employee of the County. As a result, what you say, and how you say it,
reflects on the County. Readers may connect your personal life to your professional
life, so your use of social media should be consistent with your role as an Employee.
Authors of personal blogs must use a disclaimer making it clear that the views
expressed are theirs alone and don’t necessarily reflect those of the County. The
following disclaimer is recommended for use with all blogs created by Employees of the
County: “Everything posted on this blog; site or page is my opinion and does not

51
necessarily reflect the views of my employer.”

Blogging as an Indentified Employee of the County: There may be occasions when
it’s appropriate for you to blog or post social media content on behalf of the County.
Before doing so, you must first receive authorization from the Department Head or
Elected Official. That includes any effort you might make to defend or promote the
County.

Social Networking, Social Media and Interaction with the Blogosphere: When
authorized to interact with blogs in a professional capacity, Employees should uphold
the principle of transparency. When posting professionally, you must identify yourself
as a County Employee.

Respectful and considerate postings: Blogs and other social media are global
communications. Search engines make much of this information easily accessible. Be
thoughtful and professional with all that you post.

Media inquiries/coverage: Blog postings can generate media coverage or significant
traffic on a site. Per County policy, refer all questions regarding the County to the
Department Head or Elected Official.

On your own time: All time spent on personal blogs or other social media channels
must not interfere with work commitments.

52
 SECTION 16. ELECTRONIC RECORDS ADMINISTRATION
Section 16-1. Purpose.

The purpose of this policy is to inform County Employees and Department Heads
of the requirements and responsibilities for managing, protecting and disposing
of electronic records. It pertains to the legality, retention, safeguarding, backing
up and future accessibility of electronic records.

Taney County recognizes that electronic records, including electronic messages
may constitute a public record like other documents subject to disclosure under
Section 610 of the Revised Statutes of Missouri, or other laws, or as a result of
litigation.

In addition, electronic messages may constitute County public records to be
subject to the Sunshine Law.

Section 16-2. Definition.

Any information, minutes, files, accounts or other records which a governmental
body is required to maintain, and which must be accessible to scrutiny by the
public. This includes the files of most legal actions. A court will take “judicial
notice” of a public record (including hearsay in the record) introduced as
evidence.

Section 16-3. Scope.

The electronic records retention policy set forth herein applies to all Employees
of the County and applies to all electronic records that are made or received in
the transaction of County business. Examples of electronic records include, but
are not limited to: electronic messages created using email and other new or
emerging communication technologies, word processing documents,
spreadsheets and databases.

Section 16-4. Electronic Records Policy Statement.

County departments are encouraged, when possible and appropriate, to use all
available electronic technologies that increase efficiency, reduce expenses or
improve the methods to process, handle, retrieve, transmit and retain County
records and information.

Section 16-5. General Requirements.

Maintenance and disposal of electronic records, as determined by their content,
is the responsibility of the creator and/or receiver of the record and must be in
53
compliance with the County’s approved records retention and disposition
schedules. Failure to properly maintain electronic records may expose the
County and individuals to legal risks.

The Elected Official or Department Head of an office is responsible for ensuring
compliance with the County’s records retention requirements. When an
Employee leaves a department or the County, the Elected Official or Department
Head is responsible for ensuring the separating Employee’s records are properly
transferred to a new individual.

Section 16-6. Electronic Mail.

Work-related email is a record, and must be treated as such. Email is meant to
encompass all forms of electronic messaging such as instant messaging and all
other current and emerging communication technologies. Each email that does
not meet the definition of a record (e.g., personal email, or junk email, etc.)
should be deleted immediately from the system.

The County’s email servers are NOT intended for long-term records retention.
Email messages and any associated attachment(s) may either be retained
electronically on retrievable media or printed and filed with their electronic or
paper equivalents. The printed copy of the email must contain the following
header information:

• Who sent the message
• To whom the message was sent
• Date and time message was sent
• Subject

When email is used as a transport mechanism for other record types, such as
word processing documents or spreadsheets, it is possible, based on content, for
the retention and disposition periods of the email and the transport record(s) to
differ. In this case, the longest retention period shall apply.

Section 16-7. Safeguarding/Accessibility of Electronic Records.

Departments must safeguard all electronic records to insure that individuals do
not alter, erase or in any way change the content of the record for fraudulent
purposes. In addition to safeguarding against deliberate tampering with records,
departments must also guard against storage media deterioration and rapid
technology changes that can leave electronic records inaccessible over a period
of time because of hardware or software obsolescence.

To eliminate the possibility of creating a situation where information can no
longer be retrieved, departments must make provision for future accessibility by:
54
migrating all electronic records, including email records, when there are major
changes to the next generation of hardware or software; or migrating only current
electronic records to new hardware or software, and converting records not
migrated to “Human Readable Form”.

All County electronic records that are considered vital records, archival records
(example: general correspondence), or any other information requiring retention
must be retained in such a manner to insure availability to the County for as long
as needed in future years.

Section 16-8. Electronic Records Backup.

County Information Technology departments perform backups on a regular
schedule of the email and electronic files stored on central servers for disaster
recovery. These backups are to be used for system restoration purposes
only. The IT system administrators are not responsible for the
management, retention and disposition of messages or records which may
be included in such backups.

To insure the County always has the necessary electronic records available to
conduct County business, operations and other functions, County departments
will backup all electronic records and databases not backed up by County IT
departments at appropriate time periods and in an appropriate manner to insure
that electronic records and databases are always protected from accidental or
deliberate loss.

Different backup media (floppy diskettes, CDs, DVDs, reels, cassettes, optical
disks, and disk paks) retain information for different periods of time before
deterioration of the information may begin. The longer the backup media will be
retained without replacement of information, the more stable the backup media
needs to be.

Section 16-9. Litigation Holds.

When litigation against the County or its Employees is filed or threatened, the law
imposes a duty upon the County to preserve all documents and records that
pertain to the issue. As soon as County Counsel is made aware of pending or
threatened litigation, a litigation hold directive will be issued to the applicable
Employees. The litigation hold directive overrides any records retention schedule
that may have otherwise called for the transfer, disposal, or destruction of the
relevant document, until the hold has been lifted by County Counsel. Email and
computer accounts of separated Employees that have been placed on a litigation
hold by County Counsel will be maintained by the Information Technology
department until the hold is released.
55
No Employee who has been notified by County Counsel of a litigation hold may
alter or delete an electronic record that falls within the scope of the hold.
Violation of the hold may subject the individual to disciplinary actions, up to and
including dismissal, as well as personal liability for civil and/or criminal sanctions
by the courts or law enforcement agencies.

Note: Electronic messages and their attachments are subject to discovery during
litigation, governmental investigations, and audits, or if a FERPA request has
been made. During litigation, electronic messages and their attachments are
subject to discovery in the same way that paper, film, and other information is
subject to discovery or access.

Section 16-10. Legality of Electronic Records.

Missouri Statutes, Chapter 109, Section 109.120 specifically permits the use of
electronic records for the retention of public records. Section 109.130 specifies,
“Such reproductions of the original record shall be deemed to be an original
record for all purposes provided that the reproduction is equal in resolution to
microfilm produced under those standards set forth in Subsection 4 of Section
109.241 and shall be admissible in evidence in all courts or administrative
agencies.” Section 109.241 requires that microfilm images must be able to
produce an accurate visible image on demand. Therefore, the same requirement
applies to any form of electronic record.

Electronic messaging correspondence as a record is defined by Missouri State
and Local Records law, RSMo. 109.200 to 109.310, and public records defined
by the Missouri Sunshine Law, RSMo. 610. The Secretary of State’s Office has
published Guidelines for Managing E-mail Records and makes the following
statement: “If an e-mail correspondence is determined to be a record, then it
must be maintained within a recordkeeping system. Agencies are strongly
encouraged to implement an e-mail policy that covers usage, content, public
access, privacy, and records retention”.

Section 16-11. Application of Policies.

All policies applied generally at the County are expressly applicable to the
electronic environment. Relevant institutional policies include, but are not limited
to:
REFERENCES INCLUDE BUT ARE NOT LIMITED TO:
* Section 109 RSMo: Public and Business Records
* Section 51.120 RSMo: Clerk Duties
* Section 51.130 RSMo: Official Commission Reports
* Section 610 RSMo: Governmental Bodies and Records
* Section 610.028 RSMo Missouri Sunshine Law
* Missouri Secretary of State’s Office: Guidelines, Managing E-Mail Records
56
TOPIC F – EMPLOYEE BENEFITS: (SECTIONS 17,18)

SECTION 17. HEALTH AND LIFE INSURANCE
Section 17-1. Health and Life Insurance.

Full Time and regular Part Time Employees with benefits will be enrolled, without cost,
in the Health Insurance (Medical and Dental) coverage program and the Employee
Basic Life Insurance coverage program. (Employees must work a minimum of 30 hours
per week in order to qualify for the 75/25 cost share health benefits plan.) Effective
01/01/2014 Employees are eligible for Medical and Dental and Employee Basic Life
Insurance, as well as other Voluntary Coverages, on the first day of the calendar month
following sixty (60) days from date of hire.

1. Medical Insurance. Medical Insurance coverage for spouse and dependents of
Full Time Employees and Part Time Employees with benefits is optional to the
Employee, at a determined cost to the Employee, as established by the County
for each insurance plan year.

2. Dental Insurance. Dental Insurance coverage for spouse and dependents of
Full Time Employees and Part Time Employees with benefits is optional to the
Employee, at a determined cost to the Employee, as established by the County
for each insurance plan year.

3. Basic Life Insurance. Basic Life Insurance is life insurance that the County
provides for the Employee. This coverage may change with each insurance plan
year.

4. Optional Life Insurance. Optional Life Insurance is currently offered for the
Employee; Employee’s Spouse; and Employee’s Children. The Employee is
required to pay the premiums for Optional Life Insurance. Information regarding
premiums for Optional Life Insurance will be in the Employee’s insurance packet.
This coverage may change with each insurance plan year.

5. Short Term Disability. Short Term Disability is currently offered to the
Employee. The Employee is required to pay the premiums for Short Term
Disability. Information regarding premiums for Short Term Disability will be in the
Employee’s insurance packet. This coverage may change with each insurance
plan year.

6. Long Term Disability. The Employee is required to pay the premiums for Long
Term Disability. Information regarding premiums for Long Term Disability will be
in the Employee’s insurance packet. This coverage may change with each
insurance plan year.

57
Section 17-2. Retirement Plans.

Full Time Employees and Part Time Employees working the required minimum number
of hours or more per year will be enrolled as participating members of the appropriate
local government retirement plans.

1. LAGERS. Full Time Employees and authorized Part Time Employees who are
employed in positions normally requiring 1,000 hours of work per year will be
enrolled in the LAGERS plan after six (6) months of employment. Whereas the
Taney County Commission will continue to cover in LAGERS all Elected Officials
that work over 1,000 hours per year, the Commission has voted to opt out of
covering Part-Time Elected Officials who work less than 1,000 hours per year in
LAGERS, pursuant to Missouri Statute 70,600 (10). An Employee will be vested
in LAGERS after completing five (5) years of credited service. The County pays
the entire cost of the LAGERS Plan.

2. CERF (County Employees’ Retirement Fund). The County Employees’
Retirement Fund was established by Senate Bill 579 effective August 28, 1994.
On January 1, 1997, CERF began paying annuity payments to eligible retirees.
Full Time Employees and authorized Part Time Employees who are employed in
a position normally requiring 1,000 hours of work each year will be enrolled in the
CERF plan upon employment.
The following Employees are not eligible for Cerf:
a) Circuit Clerks or any Deputy Circuit Clerks who are members of
MOSERS.,
b) Court Employees who are hired, fired, or whose work and
responsibilities are controlled by a Circuit Judge or Associate
Circuit Judge,
c) Election Employees – Directors and Employees of independent
election boards,
d) Juvenile Services Personnel,
e) Extension Employees,
f) Prosecuting Attorneys,
g) Sheriff.

An Employee must complete eight (8) years of credited service before being
vested in CERF. Four percent (4%) of gross wages will be withheld as self-
funding for an Employees retirement plan for all Employees hired after January 1,
2003. All funds paid in will be returned to the Employee by CERF if they leave
County employment before vesting per CERF Policy.

Employees hired after March 1, 2002 will have four percent (4%) withheld from
their paycheck pursuant to the CERF legislative change. If the Employee is not
employed for eight (8) years, the Employee will be entitled to a refund from
CERF. If an Employee remains employed for eight (8) years, they will be
58
 considered vested and payments to CERF will go toward their retirement benefit
per CERF guidelines. For further information regarding CERF, Employees may
contact the Plan Administrator, Boone County National Bank, at 1-800-357-8557.

Section 17-3. Cafeteria Plan.

Employees who are enrolled in the Health Insurance plan may take advantage of
reducing their taxable income through utilization of the cafeteria plan. Additional
insurance, such as Dental, Cancer, and Life may be available and premium amounts for
these and dependent health insurance are deducted from gross income prior to income
tax deductions.

Section 17-4. Deferred Compensation.

Full Time Employees may elect to participate in two separate deferred compensation
programs offered by the County, including Nationwide and Cerf. The County does not
participate monetarily in these programs. Interested Employees should contact The
Benefits’ Coordinator to schedule an appointment with a representative. You are under
no obligation to participate in these plans and should immediately report any
harassment to Human Resources by any salesperson involved with said programs.

Section 17-5. Flexible Spending Program.

Employees who are enrolled in the Health Insurance plan may take advantage of
reducing their taxable income through the FLEX Spending Program. This is done by
the Employee setting aside a designated amount into the plan per calendar year for
dependent child-care and for medical expenses and/or dental expenses. Amounts that
are set aside by the Employee are deducted from their gross income prior to income tax
deductions.

Section 17-6. Consolidated Omnibus Budget Reconciliation Act (COBRA).

When specific qualifying events occur, Employees and their Dependents who lose their
Health or Dental benefits may elect COBRA Continuation Coverage for up to 18
months. Certain qualifying events may extend the length of time from 18 months to up
to 29 months, or up to a maximum of 36 months. Premium payments for COBRA are
the responsibility of the individual(s) electing COBRA Continuation Coverage. The
individual will pay 100% of the total premium plus 2% administrative fee for a total of
102% of the insurance. All Employees will receive an “Initial COBRA General Notice” at
the time they become eligible for the County’s Insurance Program. This notice explains
their rights regarding COBRA, should a qualifying event occur. Individuals that lose
coverage due to a qualifying event will receive information through the mail of their
rights to continue coverage. This information is referred to as “Continuation of
Coverage through COBRA”. COBRA is not a County benefit but is administered by the
Internal Revenue Service.
59
SECTION 18. HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT
(HIPAA)

Section 18-1. Description of HIPAA.

The Health Insurance Portability Accountability Act (HIPAA) is a federal law that covers
different areas of insurance and privacy. HIPAA limits the release of Personal Health
Information (PHI). Doctor’s offices, Hospitals, etc. will have every patient fill out a
HIPAA Privacy Act form. In following the guidelines of HIPAA, Taney County will
comply with the guidelines to only share Personal Health Information that is absolutely
necessary for administrative purposes for our Employee’s insurance purposes.

In order to comply, the guidelines listed below will be followed:

1. Privacy Officer(s): The Privacy Officers are within the Human Resources
Department; these are the current positions of Benefit’s Coordinator and Director
of Human Resources.
2. Medical information will not be given out to anyone without a signed release from
the Employee. (Release forms are in the Human Resources Department.) This
information does not include and is not limited to information for purposes of
requesting and obtaining group insurance coverage, work restrictions and filing of
FMLA (Family and Medical Leave Act), and Worker’s Compensation claims.
3. Taney County management (Supervisors and above) and the Human Resources
Department will not disclose medical information about an Employee or an
Employee’s family member without his/her signed consent.

Section 18-2. Employee Notification Notice of Privacy Practices.

What is “Medical Information”? Medical information is information Taney County
would receive from a variety of sources concerning your personal health. Likely
sources are you and/or a physician; however, it could include nurses, dentists, insurers,
and family members.

How Medical Information may be Used or Disclosed: The most common use of
medical information is in the payment of health care claims. Therefore, personal health
information may be shared with our insurer(s) and/or claims payers. Medical providers
may request information from us to assist in treatment plans. Retirement Plan
Administrators may need specific information at times. Taney County may occasionally
request providers, such as life insurance companies, other insurers, and certain other
providers to give us rates or quotes on a particular type of coverage. They may use
consultants or actuaries to whom medical information would be disclosed.

60
Three specific descriptions of how medical information might be used:

1. Treatment – a physician or hospital might inquire and receive information about
you in planning a course of action for your medical problem;
2. Payment – a third-party payer may use personal medical information related to
your use of the health plan to determine whether you have met a deductible; and
3. Health-care operations – should the organization change insurers, a new set of
data including your personal health information will be transmitted to the
subsequent insurer.

Section 18-3. Rights and Responsibilities of the County.

Taney County will use Protected Health Information only in the management of health
care or other benefit programs. If Taney County is required to, and/or permitted to,
make any other disclosure, or use of Protected Health Information, we will notify
Employee of such. If a state or federal law becomes effective or revised, and contains
more stringent requirements, the County will follow the more stringent law.

61
TOPIC G – PAYROLL: (SECTIONS 19,20,21,22,23)

SECTION 19. PAYROLL AND COMPENSATION PLAN
Section 19-1. Payroll Procedures.

(a) Payday. Employees of Taney County will be paid every other Friday. If said
Friday falls on a holiday, payday will then be on the previous Thursday. (Elected
Officials are paid on a monthly basis).
(b) Lost or Stolen Checks. If your paycheck is lost or stolen, you must notify your
Elected Official, Department Head or the Treasurer’s Office immediately. Your
pay check will be replaced as soon as possible, according to the procedures
established by the Payroll Administrator. Each report of a lost or stolen paycheck
will be investigated. Any fraudulent reports will be referred to the Prosecutor’s
Office for possible criminal prosecution.
(c) Direct Deposit. Employees may elect to have their paycheck deposited directly
into the financial institution of choice, provided that the institution is a participant
in the Federal Reserve. Information regarding direct deposit is available in the
Auditor’s Office or Human Resources Department.

Section 19-2. County Compensatory Time Policy.

Eligible Employees will earn compensatory time off in lieu of cash payment for all time
worked in excess of 40 hours per week. Compensatory time may be earned at the rate
of one and one-half times the number of overtime hours worked. This is dependent
upon hours worked and time off taken during that work week.

No paid leave time (vacation, bereavement, jury/witness duty, compensatory time, sick
leave, or holiday time) will be counted toward hours worked.

Any person hired by the county will be told prior to hiring that agreement to the
requirements of this section (i.e., compensatory time in lieu of cash payment for
overtime worked) is a condition of employment. The Compensatory Time Policy will be
explained to new Employees who will be expected to sign a Compensatory Time
Acknowledgement as a condition of employment. The Compensatory Time
Acknowledgement is in Section 35-3. Disclaimer and Acknowledgement Statement.
The Acknowledgement will include a section certifying that the Employee understands
and agrees to the Compensatory Time Policy. The signed agreement will become part
of the Employee’s personnel file.

62
Section 19-3. County Compensatory Time Defined.

Compensatory time (Comp time) is hours that you earn at the rate of one and one-half
hours for each hour of overtime worked. Meaning that if you work two (2) hours
overtime, you will be compensated by being allowed to take three (3) hours off with pay.

Section 19-4. Facts about Compensatory Time.

Comp time that you take during your workweek cannot be counted toward “hours
worked” for overtime purposes.

Example: You are scheduled to work for eight hours, five days per week. You
have 16 hours of comp time earned, so you take off two days of your workweek.
On the other three days, you work 10 hours per day, for a total of 30 hours. Your
time sheet shows 46 hours for your week, but you are not entitled to overtime
compensation because you only worked 30 hours of that week.

Section 19-5. Using Your Accumulated Compensatory Time.

The Employee’s Supervisor is responsible for ensuring that ample time is available for
the Employee to use their earned accrued compensatory time.

If you need to use any or all of your compensatory time you must notify your Supervisor,
and allow a reasonable time for your request to be granted. Your Supervisor may take
the following circumstances into consideration when deciding whether, or how soon,
your request can be granted:

1. The Office or Department’s normal schedule of work;
2. The Office or Department’s anticipated peak workload (based on past
experience);
3. Emergency staffing and servicing requirements;
4. The availability of qualified substitute staff;
5. Whether your absence will unduly disrupt the operations of the Office or
Department.

Section 19-6. County Overtime Work Policy.

Overtime Work Defined: Overtime is each hour or fraction of an hour that you work in
excess of forty (40) hours in any given workweek.

In the interest of conserving taxpayer money, Taney County discourages working
overtime, except when absolutely necessary for the benefit of the county or the health
or welfare of its citizens.

63
Each Office or Department is charged with developing policies and procedures to
maximize productivity and reduce or avoid the need for overtime. All overtime must be
approved in advance by the Elected Official or Department Head except in emergency
situations, in which case the Elected Official or the Department Head must approve the
overtime as soon as possible after notification of the emergency.

A determining factor in the approval of overtime work is whether the work could be
accomplished through rescheduling of Employee work hours and allowance of time off
in the same work period. These factors reduce the burden of overtime on Employees
and avoid accrual of excessive compensatory time.

Employees who work unapproved overtime may be disciplined according to the
County’s Discipline Policy, including suspension or termination from employment.

Section 19-7. Facts about Overtime.

• Hours worked in excess of your daily maximum are not automatically counted as
overtime.
Example: You are scheduled to work for eight hours, five days per week. On
three days of that week you actually work ten hours per day, for a total of 30
hours. On the other two days, you only work five hours per day for a total of 10
hours. You are not entitled to overtime just because you worked three 10 hour
days, because you did not work in excess of 40 hours during your workweek.
• You are not entitled to overtime hours for working Saturdays, Sundays, or
holidays, if those days are part of your workweek, and you do not work more than
40 hours during the workweek.
• You are not entitled to overtime hours if you work through your “break.” Short
breaks during the day are paid time, whether or not you actually rest during the
break. Break time is counted as part of your workday.
• Lunch periods are not part of your regular workday, and you must count time you
spend working during lunch as “hours worked” on your time sheet. However,
Employees should not work through their lunch period in order to acquire
overtime hours. Overtime hours are strictly for the times when it is necessary to
work overtime in order to get a job completed. Taney County requires you to
obtain permission from your Supervisor before you work any overtime, therefore,
you must not work through lunch periods without prior approval.

Section 19-8. Workweek Defined.

The Fair Labor Standards Act (FLSA) establishes overtime requirements for Employees
who are covered by the Fair Labor Standards Act. The FLSA requires that employers

64
set a workweek, which will cover a fixed period of seven (7) consecutive days. The
workweek used to calculate compensatory time for County Employees begins on
Sunday at 12:01 a.m. and ends on the following Saturday at Midnight, unless otherwise
specified in writing to Employees by the department’s Elected Official or Department
Head.

The pay period is two (2) work weeks for non-law enforcement Employees and fourteen
(14) days for Law Enforcement Employees.

Employees that are excluded from the overtime provisions of the FLSA generally fall
into three different categories. Those categories are:

1. Executive,
2. Certain Administrative positions, and,
3. Professional.

Employees that fit into the above categories, who are paid on a salary basis as defined
by FLSA and considered Exempt, and do not record hours worked in excess of forty
(40) hours in a workweek, will not record compensatory time or overtime. These
excluded Employees are authorized by the County to adjust their regular workweek
schedule to compensate for their varying work hours.

Section 19-9. Payment for Overtime.

After an Employee accrues a maximum of 80 hours of comp time, they will be paid for
all additional overtime worked. You may be paid at anytime for accrued comp time.
Payment will be at your regular rate of pay at the time payment is made.

Section 19-10. Payment at Separation of Employment.

Upon termination of your employment with the County, you will be paid for your unused
accrued comp time at the higher rate of:

• Your average rate of pay received during your last three (3) years employment
with the County without a break in service, or
• Your final rate of pay.

Section 19-11. Seminars and Training.

Any and all seminars or workshops attended or training required of an Employee for
performance of job duties or enhancement of performance of job duties shall be paid by
the County. Time spent in obtaining the instruction and performing the requirements of
the course shall be considered hours worked. All seminars, workshops, or training shall
be approved in advance by the Elected Official or Department Head.
65
 SECTION 20. PAID HOLIDAYS
Section 20-1. Holiday Benefits.

All Full Time and eligible Part Time Employees will be paid for observed Holidays. Part
Time Employees without benefits, Temporary and Contract Employees are not eligible
for Holiday pay. Full Time Employees will be paid for eight (8) hours at their normal rate
of pay for a Holiday. Part Time Employees receiving benefits will receive pro-rated pay
based on their average hours worked per week divided by five (5) workdays. The Part
Time Employee is required to work the required amount of hours in conjunction with the
allotted number of hours for their Holiday pay. For example, an Employee that typically
works thirty (30) hours per week will receive six (6) hours of Holiday pay; thus will have
to work twenty-four (24) hours the week of the Holiday in order to maintain the thirty (30)
hours.

Section 20-2. Working Ten (10) Hour Days.

Because a Holiday is a provided benefit, in order that an Employee who works 10-hour
days is to receive paid their full 40-hours for the week with a Holiday; Elected Officials
and/or Department Heads (with direction from the Commissioners) may have their
Employees work the following for the Holiday week:
1. Four eight (8) hour days for a Holiday week total of thirty-two (32) hours. They
will then receive eight (8) hours pay for the designated Holiday for a total of
forty (40) hours including eight (8) hours for the Holiday for that Holiday week,
or;
2. Two eleven (11) hour days and one ten (10) hour day for a Holiday Week only
for a total of thirty-two (32) hours. Employee’s will then receive eight (8)
hours pay for the designated Holiday for a total of forty (40) hours for that
Holiday week.
3. Three (10) hour days for a Holiday Week; receive (8) hours Holiday pay for a
total of thirty-eight (38) hours. The Employee will then be required to use two
(2) hours of their vacation, comp time, or personal time. If the employee does
not have time available for them to use, they would take the two (2) hours
unpaid.

Section 20-3. Approved Paid Holidays.

The Taney County Commission has approved the following national and state Holidays.
All Full Time and Part Time Employees with benefits shall receive compensation for the
following Holidays and the Taney County Courthouse will be closed on the following

66
Holidays:

1. New Year’s Day
2. Martin Luther King’s Birthday (third Monday in January)
3. President’s Day (third Monday in February)
4. Harry S. Truman’s Birthday (May 8)
5. Memorial Day (last Monday in May)
6. Independence Day (July 4)
7. Labor Day (first Monday in September)
8. Columbus Day (second Monday in October)
9. Veteran’s Day (November 11)
10. Thanksgiving Day (fourth Thursday in November)
11. Friday after Thanksgiving (fourth Friday in November)
12. Christmas Day (December 25)

This list is subject to change as modified by the County Commission.

Section 20-4. Defining Date of Holiday.

All Holidays are to be taken on the dates listed in Section 3 with the following
exceptions; when a Holiday falls on a Saturday, the preceding Friday shall be observed.
When a Holiday falls on a Sunday, the following Monday shall be observed.

Sheriff’s Office Schedule, see Section 23.5 (b).

Section 20-5. Holiday Pay.

(a) Non-exempt, Full Time or Part Time Employees required to work on a Holiday
will receive Holiday pay plus Compensatory Time for the hours worked on the
Holiday. Any hours actually worked on the Holiday will count for overtime in
addition to the eight (8) hours granted for the Holiday. Paid time off for Holidays
will not be counted as hours worked for purposes of determining overtime
because the Employee did not physically work.

Example 1: The Holiday falls during your regularly scheduled workweek. You
are required to work on the Holiday; however the next day you are ill and cannot
come to work. You will be paid at the rate of double-time for the Holiday, but
because you were not at work the next day and did not work a total of 40 hours,
you are not eligible to receive overtime compensation.

Example 2: The Holiday falls during your regularly scheduled workweek. You
worked three days at eight (8) hours each and one day at (10) ten hours, for a
67
 total of 34 hours worked. You are off work for the Holiday, so you receive eight
(8) hours of Holiday pay at your regular rate. Your total time for the week is forty-
two (42) hours. However, because you did not actually work forty (40) hours, you
are not eligible to receive overtime compensation.

(b) Law enforcement personnel assigned to twenty-four (24) hour service divisions,
dispatch and patrol, and any personnel assigned to a service division which is
regularly scheduled by the Department Head to work on all authorized Holidays,
shall receive Holiday pay for authorized Holidays and shall work on Holidays as
scheduled unless other available leave time has been authorized. Holiday pay shall
be eight (8) hours.

(c) Only the County Commission shall be authorized to declare special Holidays or
days off as an unusual need or circumstance may occur.

68
 SECTION 21. PERSONAL DAYS
Section 21-1. Personal Days Received.

After one (1) year of employment (upon anniversary date), regular Full Time hourly and
exempt Employees and eligible Part Time Employees will receive three (3) paid
Personal Days. These Personal Days are to be used by January 1st of the following
year. On January 1st of the following one (1) full year of employment, a total of three (3)
more personal days will be awarded, and they should be used prior to January 1st of the
next year.

Section 21-2. Use and Payment of Personal Days.

Employees are encouraged to use all Personal Days in the year granted. However, a
maximum of two (2) personal days may be carried over from calendar year to calendar
year with a maximum of five (5) within one (1) year. Employees cannot be paid out for
any unused personal days if not taken or carried over.

Section 21-3. Unused Personal Days and Separation from Employment.

Should an Employee separate from employment with Taney County, any Personal Days
accrued will not be paid out and unused Personal Time shall be forfeited.

69
 SECTION 22. SICK LEAVE
Section 22-1. Amount of Sick Leave.

Full Time Employees in the County service shall earn eight (8) hours of sick leave per
month up to a maximum of 60 calendar days (480 hours). Part Time Employees eligible
for benefits will accumulate Sick Leave benefits based on the number of hours worked
per week divided by five (5). Eight (8) hours of Sick Leave benefits will be granted at
the end of each month.

Section 22-2. Sick Leave Taken.

Sick Leave with pay will be granted for absence from duty because of illness, non-
compensable bodily injury or disease, exposure to a contagious disease, or to keep a
doctor or dentist appointment for yourself or your immediate family. Immediate family is
defined as a spouse, child, or step-child that resides in the Employee’s household, or
the Employee’s parent or parent-in-law (even if not residing with the Employee)
provided the Employee is the only one available to care for the individual involved.

Exceptions to this provision may be granted by the Elected Official, Department Head or
Supervisor with the approval of the County Commission if the Employee does not have
any accumulated Vacation Time or Comp Time.

Section 22-3. Notification.

The Employee is responsible for notifying their Elected Official, Department Head or
Supervisor when they are unable to report to work due to any of the reasons for Sick
Leave stated in Section 22-2. When possible, the Employee should notify those listed
above at least thirty (30) minutes prior to their regularly scheduled work time when they
are unable to report to work due to illness or injury.

The Employee must regularly keep their Elected Official, Department Head or
Supervisor informed of the condition for the absence. The Employee may be required
to submit for any absence, the treating physician’s written notice of medical reason for
the absence from work. Failure to comply with these provisions shall result in denial of
Sick Leave.

Section 22-4. Not Considered Sick Leave.

1. Sick Leave shall not be granted in cases where regular retirement or disability
retirement exists.
2. Any authorized absence due to injury or illness covered by Workers’

70
 Compensation insurance shall not be charged against an Employee’s accrued
Sick Leave.

Section 22-5. Unused Sick Leave and Separation from Employment.

At no time will an Employee be compensated for unused Sick Leave benefits, including
separation from Employment.

71
 SECTION 23. VACATION
Section 23-1. Vacation Policies.

Upon adoption of this Policy Manual, Taney County will offer two (2) Vacation Policies;
Plan A and Plan B.

Plan A is the current existing policy. Plan A will be offered to all employees that are
actively employed and eligible for Vacation (or already waiting for their Vacation time to
become effective) the date of adoption of this Personnel Policy Manual. Plan A is
outlined below.

Plan B is the newly adopted plan and all employees hired the day after adoption of the
Personnel Policy Manual will be offered Plan B Vacation Policy only upon hire. In
addition, any employee that was actively employed prior to adoption date may also
choose Plan B instead of Plan A. Plan B is outlined below.

Employees that are eligible to choose Plan A or Plan B are required to fill out and sign
an acknowledgement stating which Vacation Plan they are choosing. Employees are
encouraged to read both policies closely and choose the plan that will best fit the
Employee. Once you have chosen a plan, signed and dated the acknowledgement
form, you cannot change plans.

Plan A:

During the Employee’s first year of employment, he/she will acquire one (1) week, (forty
(40) hours) of vacation. Employees will be eligible to use that week on their first
anniversary date. Employees are required to take their eligible vacation after the first
anniversary date and prior to their second anniversary date. Vacation time does not roll
over into the next anniversary year if not used. There could be circumstances where a
roll-over may be granted by the County Commission for a certain period of time.
However, there are not to be any pay outs of Vacation time.

After the second anniversary date, the Employee will acquire additional vacation time.
The amount will be prorated according to the date of hire. This time will be taken
between the second anniversary date and the end of the calendar year.

After the end of the calendar year following the second anniversary date, the Employee
will be entitled to two (2) weeks, (eighty (80) hours) of vacation. This amount will be
repeated after the end of each subsequent calendar year until their fifth year.

72
Each Employee will acquire time towards their vacation at the rate of one half day per
year at the beginning of the next January 1st following their fifth full year of employment.

Example:

• Employee is hired on October 1, 2012.
• Employee is eligible for one (1) week (40 hours) of vacation on
October 1, 2013.
• Employee is eligible for additional prorated vacation according to
their day of hire, after October 1, 2014 through end of calendar
year, 2014.
• Employee is eligible for two (2) weeks (80 hours) of vacation on
January 1, 2015.
• Employee’s 5th year would be October of 2017.
• Employee would receive an additional half-day (1/2 day, 4 hours) of
vacation on January 1, 2018 (total of two weeks and 1/2 day.) (84
hours).
• Employee would receive another half-day (1/2 day, 4 hours) of
vacation on January, 2019 (total of 2 weeks and 1 day). (88 hours).

Employees would continue to acquire one-half (1/2 day, 4 hours) per year up to a
maximum of four (4) weeks, (one hundred sixty (160) hours) of vacation. Part Time
Employees eligible for benefits will accumulate vacation benefits based on the number
of hours worked per week divided by five (5).

New Employees hired on or after the adoption date of this Personnel Policy Manual, are
not eligible to choose Vacation Plan A.

Plan B:

During the Employee’s first year of employment, he/she will acquire one (1) week (forty
(40) hours of vacation. Employees will be eligible to use that week on their first
anniversary date. Employees are required to take their eligible vacation after the first
anniversary date and prior to their second anniversary date. Vacation time does not roll
over into the next anniversary year if not used. There could be circumstances where a
roll-over may be granted by the County Commission for a certain period of time.
However, there are not to be any pay outs of Vacation Leave.

After the second anniversary date, the Employee will acquire additional vacation time.
The amount will be prorated according to the date of hire. This time will be taken
between the second anniversary date and the end of the calendar year.

73
After the end of the calendar year following the second anniversary date, the Employee
will be entitled to two (2) weeks (eighty (80) hours) of vacation.

After the end of the calendar year following the fifth year, the Employee will be entitled
to twelve and one-half (12 ½) days, (one-hundred (100) hours).

Effective January first of the Employee’s tenth year, the Employee will be entitled to
three (3) weeks, (one-hundred and twenty (120) hours). This is the maximum number
of hours that an employee can receive on Plan B.

Section 23-2. Vacation Payment upon Separation.

Any Employee with vacation benefits leaving the County service due to resignation,
death or termination shall be compensated for unused vacation to the date of
termination.

Section 23-3. Vacation Periods with Holidays.

Any official holiday as set forth in these rules which may occur during an Employee’s
scheduled vacation period shall not be counted as a day of vacation. If any official
holiday occurs during a period of scheduled vacation, Employees will receive the
appropriate holiday pay.

Section 23-4. Vacation for Law Enforcement Department.

Personnel in the Law Enforcement Department shall be eligible to use acquired
vacation leave after the completion of their one (1) year introductory periods.

Section 23-5. Vacation and Medical Leave for FMLA or other Medical Leaves.

Vacation Time may be used while on Medical Leave for FMLA and other Medical
Leaves.

Section 23-6. Vacation Schedules.

Elected Officials or Department Heads will schedule Vacation Leave for Employees.
Such leave schedule shall take into consideration the Employee’s desires. However, if
the time desired would leave that Office or Department in a production bind, the Elected
Official or Department Head will ask that the Employee choose other dates. Vacation
shall, under normal circumstances, be taken in as little as fifteen (15) minute
increments. Out of respect for the Employee’s department, each Employee is asked to
schedule their Vacation Leave as far in advance as possible.

74
Vacation Plan Election:
Employee Name: _________________________________________

Employee’s Hire Date: _____________________________________

Due to the Hire Date, Employee is eligible for: (circle one option)

Plan A or Plan B Plan B Only

(Please see Plan A or Plan B in the policy for employee eligibility)

Acknowledgement:

_____I understand that I am eligible to elect either Plan A or Plan B Vacation Plan.

_____I understand that I am eligible for Plan B Vacation Plan only.

_____I understand that once I elect a Plan, that I will not be able to change Plans.

Election:

I am electing Plan A _________ (please check)

I am electing Plan B _________ (please check)

Employee Signature: __________________________________________

Date of Election and Signature: __________________________________

Witness Signature: ___________________________________________

Date of Witness Signature: _____________________________________

75
TOPIC H – EXPENSES (SECTIONS 24,25)

SECTION 24. COUNTY PURCHASING

Section 24-1. Purchasing Mission Statement.

The Taney County Purchasing Department, guided by the highest standards of
professional purchasing practice, seeks to secure needed products and services for
using agencies at the lowest ultimate cost consistent with the quality, quantity and
delivery required.

Its staff is dedicated to providing the latest procurement techniques in a continuing effort
to achieve the best value for the public funds entrusted to our care. Finally, we strive to
represent the County to the business community in the best possible light, to promote
competition to the fullest practicable extent and to administer its programs openly,
uniformly and fairly. The complete Purchasing Manual for Taney County can be viewed
on the Taney County Website or by contacting the Director of Purchasing.

Section 24-2. County Purchasing Card.

The Taney County Purchasing Card Program allows the cardholder to purchase
approved commodities and services directly from our vendors. Any employee that is
issued a County Purchasing Card is obligated to follow the County Purchasing Card
Policy in its entirety. A copy of the Purchasing Card Policy can be obtained through the
County Auditor’s Office or the Director of Purchasing.

76
 SECTION 25. TRAVEL EXPENSES
Section 25-1. Expenses.

All expenses incurred by an Elected Official, Department Head, or Employee for
carrying out official duties, attending training courses, and professional conferences will
be reimbursed by the County.

Taney County Employees who incur any business travel expenses must submit a
request for reimbursement along with the original itemized receipt, within that same
calendar year.

Section 25-2. Rules.

1. All expenses reported must represent reasonable and customary charges
incurred for the benefit of County business. Personal entertainment and
personal articles are not reimbursable and shall not be reported.
2. All expenses must be clearly, correctly and completely explained. All expenses
reported must be for the benefit of the County. General terms such as
“incidentals or miscellaneous” in explanation of expenses may not be used.
3. A substitution of a reimbursable item or expense not actually incurred for County
expense is prohibited.
4. Include server’s tips in the cost of meals, tips for taxi drivers with taxi fares, tips
for bellmen with hotel charges. All tips must be documented on expense reports.
5. The company credit card is for business expenses only. Personal charges of any
kind on the company credit card are not allowed for any reason.

Section 25-3. Reimbursement.

Employees with approved travel expenses must submit a request for reimbursement
to the Accounts Payable department within the same calendar year. Original
receipts must be attached for all expenses submitted for payment. Each printed
receipt must itemize the expense in full detail and, if unusual, should note the reason
for the expense. Hand written receipts are prohibited and will not be reimbursed.
An exception would be a request for reimbursement for charges on a County credit
card. These requests must be presented in the same month that the credit card
statement is to be paid by Accounts Payable.

Section 25-4. Reimbursable Expenses.

You are expected to keep travel expenses to a minimum, and limit expenditures to a
reasonable amount. The following expenses for approved travel will be reimbursed,

77
 provided that you can document them with a receipt or other appropriate
documentation:

• Direct travel including air, bus, taxi, and train fares;
• Direct travel by personal vehicle at the established rate per mile. All mileage
must be logged at time of departure for said trip and logged upon return.
Specific documentation must be recorded on the reimbursement form stating
the destination of trip and the mileage to and from. This documented mileage
is to be turned in to the Accounts Payable Clerk within the same calendar
year of return of trip. Reimbursements will be made for the noted mileage
logged only. In addition, if side trips are made, the mileage for the beginning
of, and ending of the side trip must be noted and deducted from total amount
to be reimbursed;
• Overnight lodging when travel extends beyond one-hundred twenty-five (125)
miles from the County. This provision does not apply when the purpose of
the travel lasts more than one day, AND the Supervisor approves the
overnight stay.
• Meals and tips: anything over the allowed amount must be approved by the
Employee’s Elected Official or Department Head;
a) Breakfast: $15.00 plus tips allowed
b) Lunch: $20.00 plus tips allowed
c) Dinner: $30.00 plus tips allowed
• Other reasonable and related expenses. (Must be approved through
Commission).

Section 25-5. Personal Travel.

A family member or friend may accompany Employee(s) on official County travel
(conferences/transport only, not every day on the job travel) when the presence of a
companion will not interfere with the successful completion of business objectives or
increase the expense to the County.

Section 25-6. Non-Reimbursable Expenses.

• Cost incurred by a spouse or other relative or friend accompanying an
Employee;
• Personal expenditures such as personal phone calls, movie rentals, valet
service, laundry and cleaning, intoxicating beverages, entertainment, or side
trips.

78
Section 25-7. Travel Advance.

Employees without a company credit card may qualify for a cash travel advance to pay
for estimated mileage and meals by submitting a request to the Accounts Payable
department. Your Supervisor must approve the request. If County business requires
you to stay overnight, you should make reservations in advance of the trip. Detailed
itemized receipts must be obtained. All unused advanced funds must be returned to
Accounting within five (5) working days after return date of the trip.

Section 25-8. Airfare.

All Airfare will be scheduled through the Elected Official’s Office. When traveling,
please provide in writing, or email, all travel details of the following information:

1. Travel Dates
2. Preferred travel time
3. Destination

Section 25-9. Tax Exempt Letter.

As a governmental body, Taney County is exempt from paying most sales tax. When
you travel, please take a copy of our “tax exemption letter” with you to present to hotels
and motels. If you make advance reservations, a copy may have already been sent, but
having a copy with you is a good idea. A copy of the tax exemption letter may be
obtained from the Auditor’s Office. Misuse of a tax exemption letter is a violation of law,
and may subject you to personal prosecution.

Section 25-10. Expense Procedure.

Within five (5) working days of receipt of your expense report, the Accounts Payable
Clerk will review for adherence to company policy. If the County owes the Employee a
reimbursement of business related expenses, a check will be provided in a timely
manner. If the Employee owes the County reimbursement for personal expenses, the
reimbursement must be made within ten (10) working days of submission of the
expense report.

79
TOPIC I – LEAVES OF ABSENCE: (SECTION 26)

SECTION 26. LEAVES OF ABSENCE
Section 26-1. Approval Authority.

An Elected Official or Department Head may approve requests for leaves of absence as
defined hereinafter in accordance with procedures established by the County
Commission.

Section 26-2. Bereavement Leave.

In the event of death of an immediate family member of an Employee or an immediate
family member of an Employee’s spouse, said Employee may have a specified amount
of time off as described in this policy. This leave is to be used to handle family affairs
and attend the funeral.

Immediate family of an Employee or an Employee’s spouse is defined as:
Spouse,
Children,
Parents,
Grandparents and Great Grandparents,
Grandchildren and Great Grandchildren,
Siblings and Brother-in-law or Sister-in-law,
Son-in-law or Daughter-in-law,
Corresponding Step Relationships, or
Other relatives residing in the Employee’s household.

The allotted time of up to five (5) paid eight-hour days (a total of 40 hours) will be
granted to the Employee in the event of death of a spouse, a child, or a step-child.

The allotted time of up to three (3) paid eight-hour days (a total of 24 hours) will be
granted to the Employee for the immediate family members or the spouse’s family
members listed above.

Other Family: When there is a death in the family other than the “immediate family” (as
described above), Employees are eligible to take one (1) paid eight-hour day of
bereavement leave. “Other Family” is defined as the Employee’s niece, nephew, aunt,
uncle, great aunt, great uncle or first cousin.

Ten-Hour Days: If you are in an Office or Department that works four ten (10) hour
days per week, you may use a total of twenty-four (24) hours for funeral leave for the

80
immediate family members; i.e. if you are gone one (1) day you may use ten (10) hours
total; gone two (2) days, twenty (20) hours total, then you would have four (4) hours left
for another day and would have to supplement that day with Vacation, Comp Time, or
Personal days, or take the remaining hours of the third day unpaid.

Other Requests: If you want to attend a funeral for someone other than a family
member or spouse’s family member as defined previously you must use Vacation or
Personal Days or Comp Time, and you must obtain approval from your Elected Official,
Department Head, or immediate Supervisor.

Additional Time: If you need time extensions beyond days granted, you should direct
your request to your Elected Official or Department Head. They will evaluate each
request on an individual basis, balancing staffing requirements with consideration for
your relationship to the deceased and the location of the funeral.

Mandated Closing of Courthouse or Individual Offices: On occasion the
Commission may make the decision to close the entire Courthouse or to designate that
individual Elected Officials may make the decision to close their specific Office in order
for County Employees to attend a funeral such as that of an Employee or former
Employees. In the event that the Courthouse or an individual Office closes; affected
Employees will receive pay for the amount of hours it would take to drive to the funeral,
attend the funeral, and then return to work (should the funeral takes place at a time that
would allow Employee to return to work).

Section 26-3. Family and Medical Leave Act.

The purpose of Taney County’s Family and Medical Leave Policy is to provide our
Employees with the leave required by Federal Law. The Family and Medical Leave Act
(FMLA) provide eligible Employees the opportunity to take unpaid, job-protected leave
for certain specified reasons (a Qualifying Event). The maximum combined amount of
leave that may be taken in a 12-month period for all reasons combined is 12 weeks,
with one exception; for leave to care for a Covered Service Member, which can be
extended to up to 26 weeks.

The U.S. Department of Labor’s Employment Standards Administration, Wage and Hour
Division, administers and enforces the Family and Medical Leave Act (FMLA).

Employee Eligibility: To be eligible for FMLA leave, the following qualifications must
be met. You must:

1. Have worked at least 12 months for the County. The 12 months need not be
consecutive.

81
2. Have worked at least 1,250 hours for the County over the preceding 12 months (the
1250 hours is a special hour of service eligibility requirements that apply only to Airline
Flight Crew Members); and

3. If at least 50 Employees are employed by the employer within a 75 mile radius.

Conditions Triggering Leave: FMLA leave may be taken for the following reasons:

1. Birth of a son or daughter, and to care for a healthy newly born child (up to 12
weeks leave);

2. Placement of a healthy child with the Employee for adoption or foster care (up to 12
weeks leave);

3. To care for an immediate family member (Employee’s spouse, son, daughter, or
parent with a serious health condition (up to 12 weeks leave) ;

4. Because of the Employee’s own serious health condition that makes the
Employee unable to perform the Employee’s job (up to 12 weeks leave);

5. To care for a Covered Service Member during a 12-month period (up to 26 weeks)
A Covered Service Member is: (1) a current member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation or therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness; (2) a veteran who was
discharged or released under conditions other than dishonorable at any time during the
five-year period prior to the first date the eligible employee takes FMLA leave to care for
the veteran, and who is undergoing medical treatment, recuperation, or therapy for a
serious injury or illness (up to 26 weeks leave);

6. To handle certain qualifying exigencies, i.e. attending military events, arranging for
alternative childcare, addressing certain financial and legal arrangements, (see FMLA
Poster for complete listing) arising out of the fact that the Employee’s spouse, son,
daughter, or parent is on covered active duty status or call to covered active duty in the
armed forces (e.g.,National Guard or Reserves) (up to 12 weeks leave).

Employee Responsibilities Notice and Medical Certification: When seeking FMLA
Leave, Employees are required to provide the following.

1. Employees are to provide sufficient information for the County to determine if the
requested leave may qualify for FMLA protection and the anticipated timing and
duration of the leave. Sufficient information may include that you are unable to perform
job functions; a family member is unable to perform daily activities, the need for

82
hospitalization or continuing treatment by a health care provider, or circumstances
supporting the need for military family leave. You must also inform the County if the
requested leave is for a reason for which FMLA leave was previously taken or certified.

If the need for leave is foreseeable, this information must be provided 30 days in
advance of the anticipated beginning date of the leave. If the need for leave is not
foreseeable, this information must be provided as soon as is practicable and in
compliance with the County’s normal call-in procedures, absent of unusual
circumstances.

Notice must be presented to the Employee’s immediate Supervisor and to Human
Resources. When a Supervisor is advised of their Employee’s need for FMLA, that
Supervisor is obligated to inform Human Resources before the end of that workday.
Failure by the Supervisor to provide appropriate notice to Human Resources could
result in disciplinary action up to and including termination.

2. Employees are required to provide appropriate forms and Medical Certification
supporting the need for leave due to a serious health condition affecting them or an
immediate family member within fifteen (15) calendar days of the Company’s request to
provide the certification (additional time may be permitted in some circumstances). If
you fail to do so, we may decline and withdraw any Designation of FMLA leave or deny
the leave, in which case your leave of absence would be treated in accordance with our
standard leave of absence and attendance policies, subjecting you to fall under a non-
protected job status. Second or third medical opinions and periodic re-certifications
may be required.

3. Periodic reports as deemed appropriate during the leave regarding your status and
intent to return to work.

4. A signed HIPAA Release Certificate may be required.

5. Medical certification of fitness for duty before returning to work if the leave was due
to your serious health condition. The County will require this certification to address
whether you can perform the essential functions of your position.

Failure to comply with the foregoing requirements may result in delay or denial of leave.

Employer Responsibilities: Once Human Resources is advised of a potential FMLA
situation for an Employee, Human Resources is required to mail all information and
forms to that Employee no later than three (3) days after being notified. To the extent
required by law, the County will inform Employees whether they are eligible under the

83
Family Medical Leave Act (FMLA) by mailing a Designation Notice to the Employee.
Should an Employee be eligible for FMLA leave, the County will provide them with a
notice that specifies any additional information required as well as the Employee’s rights
and responsibilities. If Employees are not eligible, the County will provide a reason for
the ineligibility. The County will also inform Employees if leave will be designated as
FMLA-protected and, to the extent possible, note the amount of leave counted against
the Employee’s leave entitlement. If the County determines that the leave is not FMLA
protected, the County will notify the Employee.

Job Restoration: Upon returning from FMLA leave, eligible Employees will be restored
to their original job or to an equivalent job with equivalent pay, benefits, and other
employment terms and conditions.

Definitions of Serious Health Condition and Health Care Provider:
A “Serious Health Condition” is an illness, injury, impairment, or physical or mental
condition that involves either an overnight stay in a medical care facility, or continuing
treatment by a health care provider for a condition that either prevents the employee
from performing the function of the employee’s job, or prevents the qualified family
member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement includes incapacity
of more than three (3) consecutive calendar days, and any subsequent treatment or
period of incapacity relating to the same condition that also includes:

1. An overnight stay in the hospital;
2. Two visits to a health care provider;
3. One visit to a health care provider and a continuing regimen of care;
4. An incapacity caused by pregnancy or prenatal visits;
5. A chronic condition, or permanent or long-term conditions; or
6. Absences due to multiple treatments or restorative surgery or for a condition
which would likely result in a period of incapacity of more than three (3) days if
not treated (e.g. Chemotherapy or Radiation for treatments of cancer).

Health Care Provider: Doctors of Medicine or Doctors of Osteopathy who are
authorized to practice medicine or surgery by the state in which the doctors practice; or

1. Podiatrists, Dentists, Clinical Psychologists, Optometrists and Chiropractors (limited
to manual manipulation of the spine to correct a subluxation as demonstrated by X-
ray to exist) authorized to practice, and performing within the scope of their practice,
under state law; or

84
2. Nurse Practitioners, Nurse Midwives and Clinical Social Workers authorized to
practice, and performing within the scope of their practice, as defined under state
law; or
3. Christian Science practitioners listed with the First Church of Christ, Scientists in
Boston, Massachusetts; or
4. Any health care provider recognized by the employer or the employer’s group health
plan benefits manager.

Information Regarding and Administering FMLA:

Identifying the Twelve Month Period: Taney County’s 12-month period is from
January 30th of one year to the next January 29th. The one exception is for leave to
care for a covered Service Member. The County calculates the 12-month period
beginning on the first day the eligible Employee takes FMLA leave to care for a covered
service member and ends 12 months after that date.

FMLA leave for the birth or placement of a child for adoption or foster care must be
concluded within 12 months of the birth or placement.

Using Leave: FMLA will begin at the time the Employee is in need of taking time off
from work and is eligible for FMLA. As prescribed by the Employee’s physician, eligible
Employees may take FMLA leave in a single block of time, intermittently (in separate
blocks of time), or by reducing the normal work schedule when medically necessary for
the serious health condition of the Employee or immediate family member, or in the
case of a Covered Service Member, his/her injury or illness. Eligible Employees may
also take intermittent or reduced-scheduled leave for military qualifying exigencies.
Intermittent leave is not permitted for the birth of a child, to care for a healthy newly-born
child or for placement of a child for adoption or foster care. Employees who require
intermittent or reduced-schedule leave must try to schedule their leave so that it will not
unduly disrupt the County’s operations. In addition, while you are on an intermittent or
reduced schedule leave, the County may temporarily transfer you to an available
alternative position which better accommodates your recurring leave and which has
equivalent pay and benefits. Each Elected Official and/or Department Head will
determine if it is in the best interest of the Employee or the Office/Department for the
Employee to return to work in a light-duty status. It may be determined that the
Employee should remain on FMLA until they can return to full-duty.

Use of Accrued Paid Leave: Depending on the purpose of your leave request, you
may choose (or the County may require you) to use accrued paid leave (such as
Vacation, Personal Time, Comp Time or Sick Time), concurrently with some or all of
your FMLA leave. In order to use paid leave with FMLA leave, an eligible Employee

85
must comply with the County’s normal procedures for the applicable paid leave (e.g.,
call-in procedures, advance notice, etc.). (Typically the County will not require the
Employee to use their Vacation, Personal Time, Comp Time or Sick Leave, but the
Employee definitely may do so if it is their desire.)

Maintenance of Health Benefits: A covered employer is required to maintain group
health insurance coverage for an Employee on FMLA leave whenever such insurance
was provided before the leave was taken and on the same terms as if the Employee
had continued to work. Taney County’s Auditor’s Department will explain to the
Employee the procedure in which the Employee is to pay their insurance premiums
during this time. If you elect not to return to work at the end of the time allotted to you
by your health care provider for FMLA, you could be required to reimburse the County
for the cost of the premiums paid by the County for any health benefits and/or flex
premiums.

Failure to Return after FMLA Leave: Any Employee who fails to return to work as
scheduled after FMLA leave or exceeds the 12 week FMLA entitlement (or in the case
of a military caregiver leave, the 26 week FMLA entitlement), will be subject to the
County’s standard leave of absence and attendance policies. This may result in
termination if you have no other County provided leave available to you or your
immediate Supervisor finds it a hardship for their department to allow additional time off.
Likewise, following the conclusion of your FMLA leave, the County’s obligation to
maintain your group health plan benefits ends (subject to any applicable COBRA rights).

Other Employment: Employees may not hold any other employment during all leaves
of absence, including FMLA leave. Holding other employment may result in disciplinary
action, up to and including termination of employment.

Fraud: Providing false or misleading information or omitting material information in
connection with an FMLA leave will result in discipline action, up to and including
immediate termination of employment.

Employers’ Compliance with FMLA and Employee’s Enforcement Rights: FMLA
makes it unlawful for any Employer to interfere with, restrain, or deny the exercise of
any right provided under FMLA, or discharge or discriminate against any person for
opposing any practice made unlawful by FMLA or for involvement in any proceeding
under or relating to FMLA.

While the County encourages Employees to bring any concerns or complaints about
compliance with FMLA regulations to their Supervisor, FMLA regulations require
employers to advise Employees that they may file a complaint with the U.S. Department
of Labor or bring a private lawsuit against an employer. Further, FMLA does not affect
86
any Federal or State law prohibiting discrimination, or supersede any State or local law
or collective bargaining agreement which provides greater family or medical leave
rights.

Key Employees: Under specified and limited circumstances where restoration to
employment will cause substantial and grievous economic injury to its operations, an
employer may refuse to reinstate certain highly-paid “key” Employees after using FMLA
leave during which health coverage was maintained. In order to do so, the employer
must:

1. Notify the Employee of his/her status as a “key” Employee in response to the
Employee’s notice of intent to take FMLA leave;
2. Notify the Employee as soon as the Employer decides it will deny job
restoration, and explain the reasons for this decision;
3. Offer the Employee a reasonable opportunity to return to work from FMLA
leave after giving this notice; and
4. Make a final determination as to whether reinstatement will be denied at the
end of the leave period if the Employee then requests restoration.

A “key” Employee is a salaried “eligible” Employee who is among the highest paid ten
percent (10%) of Employees within seventy-five (75) miles of the work site.

Spouses Employed by the same Employer: Spouses employed by the same
employer are jointly entitled to a combined total of 12 workweeks of Family Medical
Leave for the birth and care of a healthy newborn child, for placement of a child for
adoption or foster care, and to care for a family member (spouse, child, or parent) who
has a serious health condition. Leave for birth and care, or placement for adoption or
foster care must conclude within 12 months of the birth or placement. Time for doctor’s
appointments, including ultrasounds, can be included as FMLA in the 12 month period.

FMLA Leave is Unpaid: Family Medical Leave is an unpaid leave; however you may
be eligible for Short Term Disability, if the County’s insurance plan has Short Term
Disability and you elected this benefit, and/or Workers’ Compensation Benefits. If you
request leave under the FMLA, any unused Vacation, Personal Days, Comp Time,
and/or Sick Time may be used as compensation for this unpaid leave during your time
off work.

When an Employee Doesn’t Qualify for FMLA: If you are unable to perform your job
due to sickness, injury, pregnancy or other disability, and you do not meet the
requirements to be eligible for FMLA, you may be granted up to a six (6) week Medical
Leave of Absence with Commission, Elected Official or Department Head approval
87
(eight (8) weeks if leave is due to a Caesarean birth). An extension of no more than
four (4) weeks may be granted, if necessary, and the need is confirmed in writing by
your physician and is agreed upon by your immediate Supervisor. The medical leave
could also be granted to any Taney County Employee that works at a worksite that does
not employ at least fifty (50) Employees within a seventy-five (75) mile radius.

Limited Nature of this Policy: This policy should not be construed to confer any
express or implied contractual relationship or rights to any Employee not expressly
provided for by FMLA. The County reserves the right to modify this or any other policy
as necessary, in its sole discretion to the extent permitted by law. State or local leave
laws may also apply.

Military Related FMLA Leave: As previously mentioned FMLA leave may also be
available to eligible Employees in connection with certain service-related medical and
non-medical needs of family members. There are two forms of such leave. The first is
“Military Caregiver Leave”, and the second is “Qualifying Exigency Leave”. Each is
detailed below.

Military Caregiver Leave: Unpaid Military Caregiver Leave is designed to allow
eligible Employees to care for certain family members who have sustained serious
injuries or illnesses in the line of duty while on active duty. The family member must be
a covered Service Member, which means:

a) A current member of the Armed Forces, National Guard or Reserves; Is
undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient
status; or is otherwise on the temporary disability retired list;
b) For a serious injury or illness that may render him or her medically unfit to
perform the duties of the member’s office, grade, rank or rating.

Military Caregiver Leave is not available to care for former members of the Armed
Forces or the National Guard or Reserves or for Service Members on the permanent
disability retired list.

To be eligible for Military Caregiver Leave, the Employee must be a spouse, son,
daughter, parent or next of kin of the covered Service Member. Next of kin means the
nearest blood relative of the Service Member, other than the Service Member’s spouse,
parent, son, or daughter, in the following order of priority:

1. Blood Relatives who have been granted legal custody of the Service Member by
court decree or statutory provisions;
2. Brothers and Sisters;
3. Grandparents;
88
 4. Aunts and Uncles; and
5. First Cousins.

The above mentioned are to be the Next of kin unless the Service Member has
specifically designated in writing another blood relative as his or her nearest blood
relative for purposes of Military Caregiver Leave. The Employee must also meet all
other eligibility standards as set forth within the FMLA Leave Policy.

An eligible Employee may take up to 26 workweeks of Military Caregiver Leave to care
for a covered Service Member in a “single 12 month period. The single 12 month period
begins on the first day leave is taken to care for a covered Service Member and ends 12
months thereafter, regardless of the method used to determine leave availability for
other FMLA qualifying reasons. If an Employee does not exhaust his or her 26
workweeks of Military Caregiver Leave during this single 12 month period, the
remaining weeks of leave are forfeited.

Military Caregiver Leave applies on a per-injury basis for each Service Member.
Consequently, an eligible Employee may take separate periods of caregiver leave for
each and every covered Service Member, and/or for each and every serious injury or
illness of the same covered Service Member. A total of no more than 26 workweeks of
Military Caregiver Leave may be taken within any single 12 month period.

Within the single 12 month period described above, an eligible Employee may take a
combined total of 26 weeks of FMLA leave including up to 12 weeks of leave for any
other FMLA-qualifying reason (i.e., birth or adoption of a child, serious health condition
of the Employee or close family member, or a qualifying exigency). For example, during
the single 12 month period, an eligible Employee may take up to 14 weeks of FMLA
leave to care for a covered Service Member when combined with up to 12 weeks of
FMLA leave to care for a newborn child.

An Employee seeking Military Caregiver Leave may be required to provide appropriate
certification from the Employee and/or covered Service Member and completed by an
authorized health care provider within 15 days. Military Caregiver Leave is subject to
the other provisions in our FMLA Leave Policy (requirements regarding Employee
eligibility, appropriate notice of the need for leave, use of accrued paid leave, etc.).
Military Caregiver Leave will be governed by, and handled in accordance with, the
FMLA and applicable regulations, and nothing within this policy should be construed to
be inconsistent with those regulations.

QUALIFYING EXIGENCY LEAVE: Effective January 16, 2009, eligible Employees
may take unpaid Qualifying Exigency Leave to tend to certain exigencies arising out of
the duty under a call or order to active duty of a “covered military member” (i.e. the
89
Employee’s spouse, son, daughter, parent). Up to 12 weeks of Qualifying Exigency
Leave is available in any 12 month period, as measured by the same method that
governs measurement of other forms of FMLA leave within the FMLA policy (with the
exception of Military Caregiver Leave). Although Qualifying Exigency Leave may be
combined with leave for other FMLA qualifying reasons, under no circumstances may
the combined total exceed 12 weeks in a 12 month period (with the exception of Military
Caregiver Leave). The Employee must meet all other eligibility standards as set forth
within the FMLA policy.

Persons who can be ordered to active duty include retired members of the Regular
Armed Forces, certain members of the retired Reserve, and various other Reserve
members including the Ready Reserve, the Selected Reserve, the Individual Ready
Reserve, the National Guard, State Military, Army Reserve, Navy Reserve, Marine
Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve.

Although Qualifying Exigency Leave is available to an eligible Employee whose close
family member is called up from status as a retired member of the Regular Armed
Forces, it is not available for a close family member on active duty or on call to active
duty as a member of the Regular Armed Forces. Also, a call to active duty refers to a
federal call to active duty, and state calls to active duty are not covered unless under
order of the President of the United States pursuant to certain laws.

QUALIFING EXIGENCY LEAVE IS AVAILABLE UNDER THE FOLLOWING
CIRCUMSTANCES:

1. Short-notice deployment. To address any issue that arises out of short notice
(within seven days or less) of an impending call or order to active duty.
2. Military events and related activities. To attend any official military ceremony,
program, or event related to active duty or a call to active duty status or to attend
certain family support or assistance programs and informational briefings.
3. Childcare and school activities. To arrange for alternative childcare; to provide
childcare on an urgent, immediate need basis; to enroll in or transfer to a new
school or daycare facility; or to attend meetings with staff at a school or daycare
facility.
4. Financial and legal arrangements. To make or update various financial or
legal arrangements; or to act as the covered military member’s representative
before a Federal, State or local agency in connection with service benefits.
5. Counseling. To attend counseling (by someone other than a health care
provider) for the Employee, the covered military member, or for a child or
dependent when necessary as a result of duty under a call or order to active
duty.
90
 6. Temporary rest and recuperation. To spend time with a covered military
member who is on short-term, temporary rest and recuperation, leave during the
period of deployment. Eligible Employees may take up to five (5) days of leave
for each instance of rest and recuperation.
7. Post-deployment activities. To attend arrival ceremonies, reintegration
briefings and events, and any other official ceremony or program sponsored by
the military for a period of up to 90 days following termination of the covered
military member’s active duty status. This also encompasses leave to address
issues that arise from the death of a covered military member while on active
duty status.
8. Mutually agreed leave. Other events that arise from the close family member’s
duty under a call or order to active duty, provided that the County and the
Employee agree that such leave shall qualify as an exigency and agree to both
the timing and duration of such leave.

An Employee seeking Qualifying Exigency Leave may be required to submit appropriate
supporting documentation in the form of a copy of the covered military member’s active
duty orders or other military documentation indicating the appropriate military status and
the dates of active duty status, along with a statement setting forth the nature and
details of the specific exigency, the amount of leave needed and the Employee’s
relationship to the military member, within 15 days. Qualifying Exigency Leave will be
governed by, and handled in accordance with; the FMLA and applicable regulations and
nothing within this policy should be construed to be inconsistent with those regulations.

91
 EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND MEDICAL LEAVE ACT
B asic L eave E n titlem en t a regim en o f continuing treatm ent, or incapacity due to pregnancy, o r
FMLA requires covered employers to provide up to 12 weeks o f unpaid, incapacity due to a chronic condition. Other conditions may m eet the
job-protected leave to eligible em ployees for the follow ing reasons: definition o f continuing treatment.

• for incapacity due to pregnancy, prenatal medical care or child birth; Lise o f L eave
• to care for the em ployee’s child after birth, or placem ent for adoption An em ployee does not need to use this leave entitlem ent in one block.
or foster care; Leave can be taken intermittently or on a reduced leave schedule w hen
■to care for th e em ployee’s spouse, son, daughter or parent, who has medically necessary. Employees must make reasonable efforts to schedule
a serious health condition; or leave for planned m edical treatm ent so as n o t to unduly d is ru p t the
• for a serious health condition that makes the em ployee unable to em ployer’s operations. Leave due to qualifying exigencies may also be
perform the em ployee’s job. taken on an intermittent basis.

M ilita ry F a m ily L eave E n titlem en ts S u b stitu tio n o f P aid L e a v e for lln p a id L eave
Eligible em ployees w hose spouse, son, daughter or parent is on covered Em ployees may choose or employers may require use o f accrued paid
active duty o r call to covered active duty status may use their 12-week leave w hile taking FM LA leave. In order to use paid leave for F M L A
leave entitlem ent to address certain qualifying exigencies. Q ualifying leave, employees must comply with the em ployer’s normal paid leave
exigencies m ay include attending certain m ilitary events, arranging for policies.
alternative childcare, addressing certain financial and legal arrangements,
attending certain counseling sessions, and attending post-deploym ent E m p lo y e e R esp on sib ilities
reintegration briefings. Em ployees m ust provide 30 days advance notice o f the need to take
FM LA leave when the need is foreseeable. W hen 30 days notice is not
FM LA also includes a special leave entitlem ent that perm its eligib le possible, the em ployee m ust provide notice as soon as practicable and
employees to take up to 26 weeks o f leave to care for a covered service- generally m ust comply with an em ployer’s normal call-in procedures.
member during a single 12-month period. A covered servicem em ber is:
(1) a current m em ber o f the A rm ed Forces, including a m em ber o f the Employees must provide sufficient information for the employer to determine
N ational G u ard o r R eserv es, w ho is underg o in g m edical treatm ent, if the leave may qualify for FMLA protection and the anticipated tim ing
recuperation o r therapy, is otherwise in outpatient status, or is otherwise and duration o f the leave. Sufficient inform ation may include th a t the
on the tem porary disability retired list, for a serious injury or illness*; employee is unable to perfonn job functions, the family member is unable
or (2) a veteran who w as discharged or released under conditions other to perform daily activities, the need for hospitalization or contin u in g
than dish o n o rab le at any tim e during the five-year p eriod prior to the treatm ent by a health care provider, or circumstances supporting the need
first date the eligible em ployee takes FMLA leave to care for the covered for m ilitaty family leave. Employees also m ust inform the em ployer if
v eteran, and w ho is u n d ergoing m edical treatm en t, re c u p eratio n , or the requested leave is for a reason for which FMLA leave w as previously
therapy for a serious injury o r illness.* taken or certified. Employees also may be required to provide a certification
and periodic recertification supporting the need for leave.
* T h e F M L A d e fin itio n s o f “ se r io u s in ju r y or illn e ss” for
c u r r e n t s e r v ic e m e m b e r s an d v e te r a n s a r e d is tin c t from E m p lo y e r R esp o n sib ilities
th e F M L A d e f in it io n o f “ s e r io u s h e a lth c o n d it io n ” . C overed em ployers m ust inform em ployees requesting leave w hether
they are eligible under FM LA. I f they are, the notice m ust specify any
B en efits a n d P ro tec tio n s additional inform ation required as well as the em p lo y ees’ rights and
D uring FM LA leave, the em ployer must maintain the em ployee’s health responsibilities. If they are not eligible, the em ployer m ust provide a
co v erag e u n d e r any ‘‘g roup health plan” on the sam e term s as if the reason for the ineligibility.
employee had continued to work. Upon return from FM LA leave, most
em ployees m u st be resto red to th eir original o r eq u iv alen t positions C overed employers m ust inform employees i f leave will be designated
with equivalent pay, benefits, and other em ploym ent terms. as FMLA-protected and the amount o f leave counted against the employee’s
leave e ntitlem ent. I f the em ployer determ in es th a t the leave is not
Use o f FMLA leave cannot result in the loss o f any em ploym ent benefit FM LA -protected, the em ployer m ust notify the employee.
that accrued prior to the start o f an em ployee’s leave.
LInlawful A cts by E m p lo y ers
E lig ib ility R e q u ir e m e n ts FM LA m akes it unlaw ful for any em ployer to:
Employees are eligible i f they have worked for a covered employer for at
least 12 months, have 1,250 hours o f service in the previous 12 months*, • in te rfere w ith, restrain, or deny the e x ercise o f any rig h t p rovided
and if at least 50 employees are employed by the employer within 75 miles. under FM LA; and
• discharge or discriminate against any person for opposing any practice
m ade unlawful by FMLA or for involvement in any proceeding under
*SpeciaI h o u r s o f se rv ice e lig ib ility req u irem en ts a p p ly to
or relating to FM LA.
a irlin e fligh t cr e w em p lo y ees.

E n fo r c e m e n t
D efin ition o f S e r io u s H ea lth C on d ition An em ployee m ay file a com plaint with the U .S. D epartm ent o f L abor
A serious health condition is an illness, injury, im pairm ent, or physical
or m ay bring a private law suit against an employer.
o r mental condition that involves either an overnight stay in a medical
care facility, o r c o n tin u in g treatm en t by a h ealth care p ro v id e r fo r a
FM LA does not affect any Federal or State law prohibiting discrimination,
condition that either prevents the employee from performing the functions
or supersede any State or local law or collective bargaining agreem ent
o f the em ployee’s jo b , o r prevents the qualified fam ily m em ber from
which provides greater family or medical leave rights.
participating in school or other daily activities.

F M L A s e c tio n 10 9 (2 9 II .S .C . § 2 6 1 9 ) r e q u ir e s F M L A
Subject to certain conditions, the continuing treatm ent requirem ent may
be met by a period o f incapacity o f more than 3 consecutive calendar days covered em ployers to post the text o f this notice. R egu lation
combined with at least tw o visits to a health care provider or one visit and 29 C .F .R . § 825 .3 0 0 (a ) m ay req u ire a d d itio n a l d isclosu res.

For additional information:
1-866-4U S-W A G E (1-866-487-9243) TTY: 1-877-88' '-5627
W W W .W A G E H O U R .D O L .G O V
W H D P u b lic a tio n 1420 - R e v ise d F c brunrv 2013
U.S. Department of Labor I Wage and Hour Division 92
Section 26-4. Medical Leave of Absence.

If an Employee is unable to perform the duties of their job due to illness, surgery,
hospital stay, injury, pregnancy or other disability, and they are not eligible or do not
meet the requirements for FMLA, the Employee may be granted up to a six (6) week
medical leave of absence if the need for the medical leave is confirmed in writing by a
physician, and the medical leave is granted through approval of the Elected Official or
Department Head. An extension of two weeks may be granted for maternity, if the
delivery was by Cesarean for a total of eight (8) weeks.

The maximum extension for any medical leave would be an additional four (4) weeks to
the initial six (6) weeks and the need must be confirmed in writing by a physician.

The Medical Leave of Absence is an unpaid leave; however, the Employee may use
their accrued Sick Time, Vacation, Personal Time, or Comp Time. The Employee must
report in once per week to their Elected Official or Department Head and to Human
Resources regarding their progress and return to work date. The Employee is required
to present a fitness-for-duty notice from their doctor upon returning to work, stating the
date they may return. Should the Employee not return to work, their employment would
be terminated.

Section 26-5. Maternity / Pregnancy Leave.

Maternity shall be treated as any other non-duty temporary disability covered under the
rules pertaining to Sick Leave and Family and Medical Leave. If at any time during
pregnancy an Employee is aware that her and/or her unborn child's health is
endangered by her job, she shall immediately make this fact known in writing to her
Elected Official or Department Head. At such times as deemed necessary by the
Elected Official or Department Head, pregnant Employees shall submit to their Elected
Official or Department Head a doctor's statement indicating the Employee's physical
ability to perform her job. Employees returning to work after childbirth shall submit to
their Elected Official or Department Head a doctor's statement indicating the
Employee's physical ability to return to the job. The duration of maternity leave shall be
determined by reference to the Family and Medical Leave provisions. If the Employee
is not yet eligible for coverage under the Family and Medical Leave Act, the Medical
Leave of Absence Policy will provide necessary leave for the Employee needing
Maternity leave. This is an unpaid leave; however, the Employee may use their accrued
Sick Time, Vacation, Comp Time or Personal Days.

Section 26-6. Jury / Witness Duty.

Full Time and Part Time Employees with benefits who are subpoenaed as a witness in
a civil or criminal case or selected to serve on a jury shall be granted paid leave during
their absence. There is no time limit for jury or witness duty; however, Employees are
93
expected to report for work whenever the court schedule permits. When an Employee
receives notice that they are to serve on a jury or are subpoenaed as a witness, the
Employee must provide notice to your Elected Official or Department Head as soon as
possible. The Employee must also provide a copy of the notice to Human Resources.

Compensation. If the Employee chooses to receive their regular compensation while
on jury or witness duty, all payments provided by a court for jury service or witness
service shall be turned over to the Employee’s Elected Official or Department Head and
transmitted to the County Treasurer for deposit as miscellaneous revenue. The
Employee will then receive their regular compensation while on jury or witness duty.

In order to receive pay for jury or witness duty, you must provide proof of such duty to
your Elected Official or Department Head and to Human Resources

If the Employee chooses to retain the amount compensated to them by the courts, the
Employee will not receive pay for time served and should mark “zero” hours for the days
jury or witness duty was conducted.

Excused from Jury / Witness Duty. Essential personnel such as Law Enforcement
Employees or Department Heads may be required to request to be excused from jury
duty by the court. The Employee’s Elected Official or Department Head may request
that the Employee be excused from jury duty if the Employee’s absence would create
serious operational difficulties. However, a request to be excused is not binding on the
court and you may be required to serve.

Section 26-7. Military Leave.

Eligibility. Taney County complies with the Uniformed Services Employment and
Reemployment Rights Act (USERRA). Employees who are in County service preceding
leaving the service of the County directly to enter the active uniform service of the
United States during a national emergency, drafted into such service, or Employees
subject to compulsory service who voluntarily enlist, shall be granted a Military Leave of
Absence to extend to three (3) months beyond the date of termination of active uniform
service. The term “uniform service” as used herein shall include the Army, Navy, Air
Force Marine Corps, Coast Guard, and Public Health Service, as well as auxiliary
branches of said services in which either men or women shall be called on to service,
not shall not include services as civilian Employees of any of the services. The term
"national emergency" as used herein shall exist during such period as determined by
the federal government. Advance notice of military service is required, unless military
necessity prevents such notice or it is otherwise impossible or unreasonable.

94
Compensation. Employees will receive the difference between their normal base
compensation and the pay received while on military duty for up to two-weeks, and
upon presentation of the satisfactory military pay verification documentation.

For military leaves in excess of two-weeks, Employees may elect to use their
accumulated Vacation Leave, Personal Leave, Sick Leave or Comp Time for their
Military Leave of absence. If accumulated time is unavailable, the leave will be unpaid.

Health Benefits. Subject to certain restrictions permitted by USERRA and subject to
the terms, conditions and limitations of the applicable plans for which the Employee is
otherwise eligible, continuation of health insurance benefits is available to Employees
on military leave of absences through the Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA).

Return to Work. Employees on military leave are required to present documents
stating they are eligible to return to work. Upon returning to work, Sick Leave will be
restored.

Restoration. An Employee returning from military leave shall be entitled to restoration
to the former position held prior to the leave, provided the Employee makes application
within three (3) months after release from duty and has been honorably discharged and
is physically and mentally capable of performing the essential duties of the position
involved. In the event that the position vacated no longer exists at the time the
Employee qualifies for return to work, such person shall be entitled to be re-employed in
another existing position of the same class.

Salary. An Employee returning from Military Leave may be re-employed at the same
salary range attained when granted a Military Leave. The Employee may be eligible for
a pay increase if there was a pay increase administered during the Employee’s time of
leave. The Employee may also be eligible for any promotion that would have taken
place if they had been here during the Employee’s time of leave.

Section 26-8. Military Training Leave of Absence.

All Employees who are, or may become active members of the National Guard, the
Officers' Reserve Corps, or the Enlisted Reserve Corps of the United States
Government shall be entitled to leave of absence with pay from their respective duties
on all days during which they are employed with or without pay under the orders or
authorization of competent authority on active training duty, duty with troops, field
exercises, or instruction for a period not to exceed a total of fifteen (15) calendar days in
any one (1) federal fiscal year (Oct. 1 - Sept. 30). Employees requesting this leave of
absence, with or without pay, shall provide documentation of the orders or authorization
of competent authority for the time period for which military leave will be taken.

95
All Employees who are, or may become active members of the National Guard, the
Officers' Reserve Corps, or the Enlisted Reserve Corps of the United States
Government, who are required to attend monthly training sessions which conflict with
their normal work schedules, shall give advance notification to their Supervisors in
accordance with departmental rules and regulations.

Section 26-9. Voting Privilege Leave.

In Accordance with §115.639 RSMo: Any Employee entitled to vote at any election held
within this state shall, on the day of such election, be entitled to absent himself for a
period of three (3) hours between the time of the opening and the time of closing the
polls for the purpose of voting. No Elected Official, Department Head or Supervisor
shall discipline, discharge, threaten to discharge, or make wage deductions from the
pay of any Employee for exercising his rights under this section, provided that:

a) The Employee actually uses the time to vote; and,
b) The request for leave of absence to vote is made prior to the day of election.

However, the Employee’s Elected Official, Department Head or Supervisor may specify
any three (3) hours between the time of opening and the time of closing the polls during
which the Employee may be absent.

Any Employee in need of time to vote must give advance notice to their Elected Official,
Department Head or Supervisor so that the necessary time off can be scheduled at the
beginning or end of the work shift, or during the time that the Elected Official,
Department Head or Supervisor has determined would best accommodate productivity
in the Employee’s Office or Department.

This section shall not apply to a voter on the day of election if there are three (3)
successive hours while the polls are open in which he is not in the service of the
County.

Section 26-10. Catastrophic Leave Sharing.

General Purpose.

Taney County offers a Catastrophic Leave-Sharing Program to give Employees a
chance to support their colleagues who are facing a major health crisis, whether their
own or that of a family member. Because Vacation Time or Personal Time is not
governed by the FLSA, the program allows Employees to provide assistance in the form
of donated Vacation Time or Personal Time. This program has been developed to
create a caring environment from one Employee to another. While the program

96
establishes a mechanism for transfer of time, participation is entirely voluntary. There is
a limit of a total two (2) days per occurrence per calendar year.

Qualifying Situations.

In order for an Employee to donate the above stated time to another Employee and for
the receiving employee to accept the above stated time, several factors must be taken
into account:

The Donating Employee Must:

• Be an Employee of Taney County;
• Be in a position that accrues Vacation Time or Personal Time;
• Have accrued sufficient time to cover the designated donation (leave may not be
donated prior to accrual).

The Receiving Employee Must:

• Be an Employee of Taney County;
• Be in a position that accrues Vacation Time or Personal Time;
• Have exhausted all paid time off that was earned pursuant to the applicable time
off policies;
• Not exceed forty (40) hours in a workweek if Employee is an hourly Employee or
five (5) work days in a week if Employee is exempt.

The Receiving Employee’s Absence must be Due to the Following:

• The Employee’s own medically certified “serious health condition” as defined by
the federal Family and Medical Leave Act (for definitions see Taney County’s
FMLA Policy);
• The medically certified “serious health condition” of the Employee’s Spouse,
Parent or Child; as defined by the Family and Medical Leave Act (FMLA);
• While the receiving Employee must be on an approved leave of absence and
must provide appropriate medical certification for a serious health condition for
themselves or that of a Spouse, Parent or Child, the leave of absence does not
always need to qualify as time taken under FMLA, as Employees that have not
worked for Taney County for one year are not eligible for FMLA but are eligible
for the Catastrophic Leave Sharing Program.

97
Nature of Donations.

Donations Must Be:

• From available Vacation Time or Personal Time of the donor;
• Entirely voluntary;
• An Employee of Exempt Status may donate time in eight (8) hour increments
only. A non-exempt Employee may donate time in four (4) hour increments.

Process: The following steps should be taken to assure proper processing of donated
time:

Definition of Donated Time Needed: When an Employee experiences an event that
would qualify for donated time and does not have any time left to use to supplement
their pay.

Information Regarding an Employee with a Need.

The Employee in need of assistance must make a request to Human Resources. Once
the Employee has made the request, Human Resources Department will send an email
to all County Employees explaining that we have an Employee that has met the
requirements for a Catastrophic Leave and is in need of assistance from co-workers. If
an Employee feels they would like to donate Vacation Time or Personal Time, they
should contact Human Resources to fill out the proper form. (Donors will be taken on a
first-come basis).

Donating Employee Initiates the Request: The prospective donor must submit a
Catastrophic Leave-Sharing request to the Human Resources Department, indicating
the number of hours to be donated and the name and department of the intended
recipient. The request should also include a statement that the donor understands that
the donation is strictly voluntary and that only the amount of time designated will be
transferred to the named recipient. Vacation Time and Personal Time can only be
donated and accepted for the month in which it will be used. It cannot be donated in
advance. (Forms are in the Human Resources Department.)

Intended Recipient Notified: Human Resources will notify the recipient of the
intended donation (hours to be donated), Upon notification, the recipient may decline or
accept the donation by filling out the form designated for the recipient to accept or
decline donation. If declining the donation, the process should be terminated and the
donor will be notified that no hours are being donated. In addition, if the recipient
cannot use all hours donated by said donor, the donor will be notified and hours not

98
used will be returned to the donor. (In the case of an exempt Employee, all eight (8)
hours will be returned.)

Transferring the Time:

Once all authorizations have been obtained, Human Resources will share the prepared
forms with the Payroll Administrator. Adjustments will then be prepared directly against
Employee balances. There is no financial impact at the time of donation. The impact
will only be seen at the time of usage. Due to the fact that there is no law that governs
Vacation Time or Personal Time, once the Vacation Time or Personal Time has been
donated, it no longer belongs to the donating Employee, but to the recipient and
therefore the donated time is paid at the recipient’s rate of pay.

99
CATASTROPHIC LEAVE-SHARING PROGRAM
Vacation / Personal Time Transfer Form
The donated hours will be recorded by the Human Resources Department for usage for
the pay period end date of: ________________________________________________

Donor’s Name No. Donated Recipient’s Name Received
Vac./Pers. hrs. Vac./Pers. hrs.

______________________ __________ _______________________ ________

______________________ __________ _______________________ ________

______________________ __________ _______________________ ________

______________________ __________ _______________________ ________

______________________ __________ _______________________ ________

I, _________________________________________ understand that this donation of
__________ hours of Vacation or Personal Time is strictly voluntary, and that only the
amount of time designated will be transferred to the Recipient that is listed above,
pending their acceptance.

Signature of Donor: _____________________________________________________

Date: ________________________________________________________________

I certify that both Donor and Recipient qualify to participate in the Catastrophic Leave-
Sharing Program.

Payroll Administrator: ___________________________________________________

Date: ________________________________________________________________

Director of Human Resources: ____________________________________________

Date:_________________________________________________________________

100
CATASTROPHIC LEAVE-SHARING PROGRAM
Vacation / Personal Time Transfer Acknowledgment

I, ___________________________________________________ understand that:

___________ Hours of

___________ Vacation or Personal Time (circle appropriate time)

Has been donated to me on a voluntary basis.

I hereby:

___________ Accept the time donated to me

___________ Decline the time donated to me

_________________________________________________
Signature of Recipient

_________________________________________________
Date

Comments:___________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

101
TOPIC J – SAFETY AND HEALTH: (SECTION 27)

SECTION 27. SAFETY AND HEALTH
Section 27-1. Safety and Health Rules.

All Employees shall be responsible for performing work assignments in a safe manner.
Prime consideration shall be given to safety in all work situations.

All Employees shall:
1) Be thoroughly familiar with safety requirements and practices applicable to
their respective work assignments;
2) Actively observe safety practices, and report unsafe or potentially
dangerous conditions and accidents or injuries to their Supervisor
immediately;
3) Refrain from engaging in horseplay, wrestling, hazing of co-workers,
and any other unsafe practice under penalty of disciplinary action up to
and including dismissal;
4) Wear protective equipment, use protective devices and wear safety belts
in all County vehicles so equipped;
5) Report to Supervisors any suspension, revocation or other loss or
potential loss of the right to legally drive a motor vehicle. Driving a County
vehicle is a responsibility or privilege of the job;
6) Be properly licensed at the time of employment or assignment to a vehicle
(if responsible for driving County vehicles) and, upon each license renewal
date, must complete driver training or driver performance qualification
checks as required by the department before operating County vehicles;
7) Wear Safety eye glasses and Safety boots or shoes when required by the
position.

Section 27-2. Smoking Cessation and "Smoking Permitted" Areas.

The Taney County Commission has adopted a “No Smoking” policy in all offices and
facilities. Employees and visitors are not allowed to smoke in County buildings.
Employees and visitors are not allowed to smoke within 25 feet of County buildings.
Employees may only smoke in designated “smoking permitted" locations. “No Smoking”
areas include stairwells and attachments thereto. Employees who are smoking in any
nonsmoking area may be subject to disciplinary action. Employees smoking breaks
should coincide with their lunch breaks, or other breaks as their Elected Official or
Department Head allows. Employees that take advantage of frequent breaks for
smoking can result in disciplinary action. Smoking in County vehicles is strictly
prohibited.

102
Section 27-3. Acquired Immune Deficiency Syndrome (AIDS).

The unfortunate spread of AIDS in recent years has presented a need for a policy
regarding the employment of those who have, or may have, this disease. Medical
experts and medical evidence available to date has shown that casual workplace

contact with an Employee who has AIDS, or who has been exposed to the AIDS virus,
will not result in the transmission of AIDS to others.

The County's policy shall be to employ persons who have AIDS, or are suspected of
having AIDS, so long as such persons remain qualified to perform their jobs in
accordance with County standards. Some exceptions or deviations to this policy may
be necessary for certain positions, but the County's intent will be to maximize the
employment opportunities of AIDS patients, while at the same time preserving the
safety and morale of all Employees and the public.

The County will stay abreast of the latest medical knowledge regarding this disease. If
it ever appears that the implementation of this policy may present a danger to
Employees and the public, appropriate revisions will be made.

Section 27-4. Children in the Workplace.

It is the responsibility of the County’s Elected Officials and Department Heads to ensure
that work on the County’s campus is accomplished in an environment which respects
Employee health and safety concerns and that work-related disruptions are minimized.
An Employee’s minor child in the work place can create a work-related disruption;
therefore Employees should refrain from bringing their minor children to work with them.
However, exceptions can be made on a case by case basis as directed by the Elected
Official or Department Head.

The presence of dependents during the Employee’s work day may result in the
following: A lack of regard for the safety of such person; the creation of disruptions in
the work flow and work activities of the Employee and co-workers; compromise
confidentiality; and present a distraction from a professional work environment. In
addition, dependents in the work place could present a liability issue. Dependents
exhibiting symptoms of potentially contagious illnesses should not be brought into the
workplace at all.

The workplace may not be used as an alternative for daycare. When daycare
arrangements do not work out for a particular day(s), the Employee should make other
arrangements.

103
Section 27-5. Use of Vehicles and Equipment.
The Taney County Commission may provide vehicles to Elected Officials, Department
Heads, and Employees for the purpose of conducting official County business.

Retention of County Vehicles at a Private Residence: County Employees are not to
drive any County-owned Vehicle to or from the Employee’s place of residence after
normal working hours except for those Employees who are on-call twenty-four (24)
hours a day, such as the Sheriff’s Office and certain Road and Bridge Department
Employee’s. Elected Officials, Department Heads or Supervisors may authorize an
Employee to drive County-owned Vehicles to or from their home outside of normal
working hours only if the Employee is using the Vehicle for a purpose that serves the
County.

Maintenance of County Vehicles: The maintenance of all County Vehicles is the
responsibility of the driver. Regularly scheduled maintenance should be conducted
through the Mechanic’s Shed located at the old district #2 barn.

Vehicle Damage: Employees must report any accident, theft, or malicious damage
involving a County Vehicle or personal vehicle used on County business to their
Supervisor. Such reports must be made as soon as possible.

Section 27-6. Reporting Vehicle Accidents.

Taney County Employees are to use the following reporting procedure when an
accident occurs involving a Taney County Vehicle, or personal vehicles being driven on
County business:
1. The proper law enforcement agency must be contacted, and an accident report
must be completed as soon as possible after the accident. The procedures
outlined in the Worker’s Compensation policy should be followed if any County
Employee is injured, as well as the procedures set out in the Substance Abuse
Policy.
2. Employees should obtain as much information as possible from other drivers and
possible witnesses. Under no circumstances should the Employee put
themselves in danger in order to obtain this information. The information
obtained should include the names, addresses and telephone numbers of all
drivers, passengers and witnesses; insurance and driver’s license information
from all drivers. Taney County Employees are to provide only the information
required by law enforcement authorities.
3. Employees are instructed not to talk with any parties involved in the accident, or
any investigators except the officer gathering information about the accident.
Employees should not make any statement as to whose fault the accident was.
Employees are not to write or sign any statement to that effect until you have
been advised by County Counsel.

104
Section 27-7. Commercial Drivers License.

The law requires employers to make certain that drivers of "commercial vehicles,"
including certain County Vehicles, have the required class of commercial drivers' license
for the size and type of vehicle they are required to drive. Depending on the particular
job requirements, County Employees may be required to possess a special class of
license. The State may require a written test covering the class of vehicle operated and
the applicable endorsements and restrictions. Endorsements for hazardous materials,
passenger, tank vehicle, double/triple trailer and restrictions for air brakes may also be
required. Written testing varies with the class of license and the endorsements and
restrictions. The actual driving test must be taken in a vehicle falling in the class applied
for. The County may provide Employees with the training and assistance necessary to
comply with the licensing requirements as follows:
(a) Up to four (4) hours training on the written testing materials.
(b) Up to two (2) hours training on the pre-trip portion of the test on a vehicle
similar to the one the driver would drive during the testing.
(c) Make available the best vehicle in the class an Employee must be
licensed in to the Employee for road testing and must allow time for the
testing.

Employees shall be required to have, and maintain the necessary class of drivers'
licenses at their expense.

Section 27-8. Cell Phone Policy.

It is the policy of Taney County, Missouri to promote a productive and safe environment
for its Employees. This includes usage of personal cell phones during work time and in
certain instances, County cell phones.

Road and Bridge Department: The use of personal cell phones while at work, and
especially while driving a truck, may present a hazard or distraction to the user and/or
co-workers, or even the general public if used while driving a truck.

Personal cell phones can only be used by any Employee of the Road and Bridge
Department for personal use during specified break times or lunch time, or in the case
of an emergency. Personal cell phones should not in any way interfere with working
hours by the Employee making or by receiving calls.

Many cell phones offer a host of additional functions and/or services, including text
messaging and digital photography. Since it is not possible to list all of the services that
are available now, or will be in the future, Road and Bridge Employees are prohibited
from using any of these services while at work with the exception of break times or
lunch times. This is a preventative step necessary to secure Employee privacy and
other proprietary information.
105
County cell phones must be used according to the rules of the Road and Bridge
Department, but cannot be used at any time while driving a vehicle (either County
vehicle or personal vehicle). When there is an emergency or immediate business to
attend to while driving a vehicle, the Employee should stop the vehicle before using the
cell phone.

All Other County Employees: Each Elected Official or Department Head shall have
specific Office or Department rules regarding personal cell phone use that will help to
make that Office or Department safe. Employees should follow the rules for their
individual Office or Department.

Change or Amend Policy: This policy is not all inclusive and The Commission retains
the right to change or amend this policy at any time for any reason. Failure to comply
with this policy will result in disciplinary action up to and including termination.

Sheriff’s Office: Employees in the Sheriff’s Office will follow the policy in the Sheriff’s
Office Policy Manual.

Section 27-9. Open Flame Policy.

Open flames not only create a serious fire hazard, but also create a serious personal
injury hazard. Open flames include the following:

1) Candles, including incense candles, are prohibited in all Taney County owned or
managed buildings without prior approval of the Taney County Commission.
2) Candlelight vigils are permitted if the venue is outside of all buildings or
breezeways. Candles shall be lit outside and extinguished prior to entrance to
any building.
3) Food Service operations (portable cooking equipment) must be placed on a non-
combustible surface and have prior approval of the Taney County Commission.
4) Open flames fueled by propane tanks are prohibited. (Exception: gas barbecue
grills are permitted, but must be located exterior to the building and propane
tanks shall not be stored inside buildings.)
5) Bonfires/burning trash or construction waste are prohibited unless approved by
the Taney County Commission.
6) Pyrotechnics are prohibited unless approved by the Taney County Commission.
(Welding and associated maintenance work is excluded from this policy.)

Section 27-10. County Wellness and Fitness Center.

In an effort to promote Employee Physical Health, Taney County has provided its
Employees, and certain guests, with an in-house Wellness and Fitness Center. All
Employees of Taney County may use this Wellness and Fitness Center.

106
State Employees working in the Judicial Center and the Taney County Health
Department of Branson or Forsyth are eligible to use the Wellness and Fitness Center
as well.

The Wellness Center is open 24 hours per day, 7 days per week. If you wish to utilize
the facility outside of working hours, which are noted from 8:00 a.m. through 5:00 p.m.,
Monday through Friday, access is to be gained by swiping the bar-code on the back of
your ID badge. There is one outside entrance with a reader. This access is located on
the lower level of the Administration Building (next to Information Technology), facing
Highway 160.

Certain guests are allowed to use the Wellness and Fitness Center. They are defined
as follows:

• A spouse or significant other of a current Taney County Employee who is living
in the household and is eligible for insurance through that County Employee.
• A spouse or significant other of a current State Employee that is living in the
household and is eligible for insurance through that State Employee.
• Dependent(s) of a current Taney County Employee living in the household and
is/are between the ages of 12 years and 26 years. They must be eligible for
insurance through the said Employee.
• Dependents of a current State Employee living in the household and is/are
between the ages of 12 years and 26 years. They must be eligible for insurance
through the said Employee.

Wellness Advisory Committee:

The Advisory Board for the County Wellness Center is to consist of seven (7) members.
Qualifications for being a member of the Wellness Advisory Board are as follows:

1. Any Full Time Employee of Taney County;

2. Any Full Time State Employee within the Judicial Center;

3. Candidate must complete an application required by the Wellness Advisory
Committee and submit the application to the current Advisory Committee;

4. Upon recommendation by the Wellness Advisory Committee, the Commission may
appoint new member(s).

5. Each member appointed to the Wellness Advisory Committee will serve until
dismissed by the Commission or upon their voluntarily resignation or who no longer
meets the member criteria.
107
Section 27-11. Lactation / Breastfeeding Policy.

Taney County promotes and supports breastfeeding mothers by accommodating the
mother who wishes to express breast milk during her workday when separated from her
newborn child. The provisions of this Lactation/Breastfeeding Policy meet the
requirements of the Fair Labor Standards Act as it relates to breaks for nursing mothers.

For up to one year after the child’s birth, any employee who is breastfeeding her child
will be provided reasonable break times to express breast milk for her newborn, or to
breastfeed the child that has been brought on the premises for the mother to feed.

Taney County has designated one of the rooms in the Human Resources Hall for this
purpose. A small refrigerator reserved for the specific storage of breast milk is
available. Any breast milk stored in the refrigerator must be labeled with the name of
the employee and the date of expressing the breast milk. Any non-conforming products
stored in the refrigerator may be disposed of. Employees storing breast milk in the
refrigerator assume all responsibility for the safety of the breast milk and the risk of
harm for any reason, including improper storage, refrigeration and tampering.

Nursing mothers wishing to use this room must request/reserve the room by contacting
Human Resources at 417-546-7237 and by signing the Daily “In and Out” Reservation
List. An Employee may sign up for the room for up to a week in advance. Additional
rules for use of the Lactation/Breastfeeding room and refrigerator storage are posted in
the room. Employees who work off-site of the Courthouse or in other locations will be
accommodated with a private area as necessary.

The Employee will be paid for up to twenty (20) minutes for the Lactation/Breastfeeding
break(s). Any time used after the twenty (20) minutes will be unpaid, and the employee
should indicate this additional time on her time card.

Section 27-12. Work Related Injury and/or Illness.

Taney County recognizes that our Employees are our most important asset. Any

Employee reporting an on-the-job injury or illness will receive appropriate medical
treatment as soon as possible.

It is the policy of Taney County that all work related injuries and/or illnesses must be
reported immediately to the Employee’s immediate Supervisor. If the immediate
Supervisor is unavailable, the Employee (or co-worker of the injured Employee is
unable to report due to nature of injury) reporting the work related injury or illness must
follow the chain of command. If there is not a Supervisor or Department Head
available, the Employee must then report the injury or illness to the Benefits Coordinator
108
or the Director of Human Resources in the Human Resources Department. Failure to
immediately report the injury or illness may result in disciplinary action and/or the denial
of the Worker’s Compensation claim. The County, like any other employer in the state,
has a deadline of forty-eight (48) hours from the time of the accident to file a claim with
the State Division of Workers’ Compensation. Fines may be levied if we do not comply,
so it is very important that the First Report of Injury is filled out properly and timely.

If an Employee is injured at work and does not report the injury, but instead proceeds to
see a physician of their choice, the injury will not be considered a claim for Worker’s
Compensation, due to the Employee not following procedure of reporting the injury
immediately or receiving treatment from Taney County’s Occupational Health Physician.

Once the safety of the Employee has been determined, Human Resources must be
notified immediately of the Employee’s injury / illness by their immediate Supervisor.
After reporting, it will then be determined if medical treatment other than first aid should
be administered. If it is determined that medical treatment other than first aid is needed,
the Employee’s immediate Supervisor, or designated Employee by the Supervisor, will
transport the Employee to Cox Occupational Medicine. Address is 121 Cahill Suite 201,
Branson, MO 65616. Phone number is (417)335-7555. If the injury occurs on 2nd or 3rd
shift and the Employee is in need of medical treatment, the Employee is to be
transported to Cox Health-Branson Emergency Room. Human Resources should be
notified no later than the following morning. With all injuries or illnesses, if an
ambulance is needed, 911 should be called.

The Employee is responsible for filling out an “Employee’s Report of Injury or
Illness” and the Supervisor should fill out a “Supervisor’s Report of Injury or
Illness”. These reports must be completed and submitted to Human Resources the
day of the injury or illness. If circumstances do not allow these reports to be completed
the day of injury or illness, they must be submitted no later than the day after the injury
or illness (see deadline above). This will allow our Benefit’s Coordinator to complete the
“First Report of Injury” for our Worker’s Compensation carrier in a timely manner (as
noted prior, this report must be submitted within forty-eight (48) hours of injury.)

Employees who are traveling or telecommuting for company business must go to the
nearest medical facility available if they cannot go to the designated facilities. They
should then follow all procedures written for reporting the injury.

When arriving for treatment, the Employee must inform attending personnel that the
injury or illness could be work related (to be determined by medical authority.) A drug
and alcohol test is to be administered to the Employee with the injury or illness (with the

109
exception of an Employee involved in an accident by hitting an animal with a County
vehicle during work time). Refusal to take a drug and alcohol test will result in
immediate termination of employment. It is the discretion of the immediate Supervisor,
after release from the attending physician, as to whether the Employee may return to
work immediately after treatment, or must wait until the results of the drug and alcohol
tests are completed. If the Supervisor makes the decision not to allow the Employee to
work until the drug and alcohol tests are completed, the Employee will be compensated
for the time missed if the drug and alcohol tests are negative. No Employee shall return
to work if they are seeing a physician, without a signed release for file, whether it be
light duty or not.

After treatment, and every subsequent visit, a work authorization slip must be given to
Human Resources before the Employee is permitted to return to work. In certain
instances the treating physician will state that the Employee may return to modified
work or restricted duty. If this is the case and modified/restricted duties are available,
the Employee must return to work in stated capacity directed by the treating physician.
Taney County has a very pro-active return to work program. If an Employee has work
restrictions or restricted duty, Taney County will make every effort to provide work that
will accommodate their restrictions. Any follow up appointment(s) set by the treating
physician must be kept.

When initial outside medical treatment is administered, Employees will be paid for their
entire shift, if it should take that long, and should not clock out. The Employee’s
immediate Supervisor will be responsible for clocking him or her out at the end of the
shift.

If an Employee is injured at work and needs to have initial medical treatment on a non-
work day, the Employee must contact his/her immediate Supervisor or a member of
Human Resources. All Supervisors must provide their Employees with their phone
number.

In the event that an Employee’s injury or illness (assumed to be work-related) needs
medical treatment and is taken to Cox Medical Occupational Health for treatment where
it is determined by the physician that the injury or illness is not work-related, Taney
County will pay for the initial visit. Any subsequent visit(s) will be charged to the
Employee.

It is important to remember that any work-related injury or illness charge, either medical
and/or prescription, should not be submitted for payment through the Employee’s
personal or group medical insurance. (The exception to the rule is listed in the previous
paragraph).

110
Prescriptions prescribed by the Occupational Health Physician for Cox Medical
Occupational Health are to be filled at Family Pharmacy in Forsyth, Hollister, or
Branson, where they are to be charged to Taney County. Human Resources or an
authorized Employee will contact Family Pharmacy and inform them to accept the
charge. Any prescription prescribed for an Employee on 2nd or 3rd Shift, or an Employee
who is traveling will be reimbursed if prescription is filled when Family Pharmacy in
Forsyth, Hollister or Branson is closed, or prescription needs to be filled while traveling.

All medical services related to a work-related injury must be authorized before Taney
County will be responsible for the cost. Please refer any questions regarding this policy
to the Human Resources Department.

Section 27-13. Juvenile Court Employees. In accordance to §105.800 RSMo, all
Juvenile Court Employees are considered State Employees for purposes of Workers’
Compensation and are to follow the provisions of the state program.

111
EMPLOYEE REPORT OF INJURY / ILLNESS:
Employee’s
Name:______________________________________________________________

Employee’s
Department:_________________________________________________________

Employee’s Supervisor: ________________________________________________

Date Report filled out: ___________________ Date of Injury/Illness:___________

Time of Injury/Illness:______________________

Date and Time reported to
Supervisor:_________________________________________________________

Medical Treatment offered: ____Yes ____No

Medical Treatment accepted: ____Yes ____No

Transported to Cox Medical Occupational Center: ____Yes ____No

Informed Cox Medical Occupational Center that this could be Worker’s Comp:
____Yes ____No

Treatment
Received:_____________________________________________________________

_____________________________________________________________________

Prescriptions prescribed
were:_________________________________________________________________

______________________________________________________________________

Prescriptions filled at what pharmacy:
______________________________________________________________________

Follow-up Appointments: ____Yes ____No Date of Follow-up:________________

First Aid Applied: ____Yes ____No

Witnesses: ____Yes ____No Names of Witnesses:__________________________

______________________________________________________________________

112
Where Injury or Illness
happened:_____________________________________________________________

Nature of Injury or
Illness:________________________________________________________________

______________________________________________________________________

Part(s) of Body
affected:_______________________________________________________________

______________________________________________________________________

For Employee: Please describe in your own words how injury / illness happened:

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

Date Employee’s Report turned in to Human Resources:
________________________________

Employee Signature: _________________________________ Date: _____________

113
SUPERVISOR’S REPORT OF INJURY / ILLNESS:
Employee’s
Name:______________________________________________________________

Supervisor’s Name:
___________________________________________________________________

Employee’s
Department:_________________________________________________________

Date Report filled out: ___________________ Date of Injury/Illness:___________

Time of Injury/Illness:______________________

Date and Time reported to
Supervisor:_______________________________________________

Medical Treatment offered: ____Yes ____No

Medical Treatment accepted: ____Yes ____No

Transported to Cox Medical Occupational Center: ____Yes ____No

How was the Employee transported for medical treatment and by whom:
_____________________________________________________________________

Informed Cox Medical Occupational Center that this could be a Worker’s Comp:
____Yes ____No

Treatment
Received:_____________________________________________________________

_____________________________________________________________________

Prescriptions prescribed were:_____________________________________________

_____________________________________________________________________

Who took prescriptions to pharmacy:
______________________________________________

How were prescriptions paid for:
______________________________________________

Follow-up Appointments: ____Yes ____No Date of Follow-up:_________________
114
First Aid Applied: ____Yes ____No

Witnesses: ____Yes ____No Names of
Witnesses:_____________________________________________________________

______________________________________________________________________

Where Injury or Illness
happened:_____________________________________________________________

Nature of Injury or
Illness:________________________________________________________________

______________________________________________________________________

Part(s) of Body
affected:_______________________________________________________________

______________________________________________________________________

For Supervisor: Please describe in your own words how injury / illness happened:

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

Date Supervisor’s Report turned in to Human Resources:
_______________________________

Supervisor Signature: __________________________________ Date: ____________

115
TOPIC K – RECORDS: (SECTIONS 28,29,30)

SECTION 28. APPEALS AND GRIEVANCES
Section 28-1. Grievance Policy.

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”.

Section 28-2. Complaints.

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.

116
 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.

117
 SECTION 29. RECORDS AND REPORTS
Section 29-1. Personnel Records.

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.

Section 29-2. Reports.

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.

Section 29-3. Public Records.

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.

Section 29-4. Human Resources Records Retention and Destruction Policy:

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 Auditor’s Office maintains payroll
reports, time sheets and tax records).
118
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:

Pre-employment Information:

• 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.

119
General Employee Records:

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.

120
 SECTION 30. PROHIBITIONS AND PENALTIES
Section 30-1. Participation in Political Activities.

Employees are prohibited from bringing their political affiliations to bear on their official
duties. Specifically, the following political activities of Employees are prohibited:
(a) 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.
(b) Abuse of official position for political ends.
(c) Use of official working time or unauthorized use of County resources for political
activity.
(d) Promising any employment, position, work, compensation, or other benefits as
consideration, favor or reward for political activity.
(e) Performing political activities at the direction of an Elected Official, Department Head
or Supervisor.

Section 30-2. Conflict of Interest.

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

Section 30-3. Penalties.

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.

121
TOPIC L – FINAL REMARKS (SECTION 31)

SECTION 31. FINAL REMARKS
Section 31-1. Purpose of Personnel Policy Manual.

It is the purpose of this Personnel Policy Manual to provide in writing some of the
County’s guidelines in order to promote smooth operation of the County. The contents
of this manual are the Employee’s responsibility.

The Employee shall sign a disclaimer and acknowledgement stating that they have
been given a Personnel Policy Manual, and that a member of Human Resources has
reviewed the Personnel Policy Manual with them, that they understand the policies
within, and will abide by them.

Thank you in advance for your adherence to the rules, policies, procedures and
guidelines brought forth in this Personnel Policy Manual.

Please direct any and all questions to your Elected Official, Department Head,
Immediate Supervisor or Human Resources.

Section 31-2. Sheriff Office Supplement to the Taney County Personnel Policy.
A. Work Period.
The work period/pay period for law enforcement personnel is fourteen (14) days.
A Commissioned Employee will receive regular rate from 80 to 85.5 hours within
the 14 day period. After that the Commissioned Employee will receive time and
a half rate.
This work period is different than other Taney County Employees because
Employees of law enforcement personnel fall under the “law enforcement
emergency service classifications.
• All staff members referenced are engaged in law enforcement activities;
• Are deputized;
• Have successfully completed or will complete the required training
program required by the Missouri Department of Public Safety, and;
• Are empowered by state statute to enforce laws and to protect and
maintain public peace and order.
Employees meeting these guidelines fall under the 85.5 hour/14 day ruling of the
Fair Labor Standards Act (FLSA), except for certain exempted secretarial and/or
non-commissioned support Employees, who are not covered and who do not
have the power of arrest and/or custody.

B. Work Schedules.
The Employees of the Sheriff’s Office may be required to work on Holidays that
are normally granted to other Employees of the County. Whenever this occurs,

122
 the Employee shall be granted equal time off in exchange for that Holiday
worked. The selection of time off shall be made by the Employees under the
policy adopted by the Taney County Sheriff.
Because the policy of the Sheriff’s Office is to schedule time off a year in
advance, Employees in the Sheriff’s Office must understand that leaving
employment with the County will result in a deduction on their last pay check if
holidays are taken off, but not worked.

The maximum accrual of compensatory time within the Sheriff’s Office is eighty
(80) hours.

C. Vacation and Personal Days.
Although the Sheriff’s Office is subject to follow the policies within that Office,
Vacation Time and Personal Days will still be earned the same as all other
Employees within the County.

123
Section 31-3. DISCLAIMER AND ACKNOWLEDGEMENT STATEMENT

This handbook is not intended to create any contractual or other legal rights for any
Employee of the Taney County. It is designed solely as a guide for Employees.

Employment with the Taney County is “at will”, meaning that employment may be
terminated by the County or an Employee at any time without restriction. Nothing in this
Personnel Policy Manual is intended or should be construed as altering the employment
“at will” relationship.

Taney County reserves the right to modify or amend or terminate policies within this
personnel manual at any time. This version of the Personnel Policy Manual supersedes
all previous Personnel Policy Manuals.

______________________________________________________________________

I,_________________________________________________(Name of Employee), the
undersigned, acknowledge that a copy of this Personnel Policy Manual was provided to
me on the date indicated below. I further acknowledge that I understand that the
contents of this handbook does not create any contractual rights nor alters the
employment “at will” relationship. I further understand and acknowledge the contents of
the Disclaimer listed above. I understand and acknowledge that I will abide by all
policies within this manual with special attention given to the acknowledgement of and
following of the Substance Abuse Policy; the Anti-Harassment Policy; the Discipline
Policy; the ADA Policy; the Workplace Violence Policy; Workers’ Compensation Policy
and Procedures, Compensation Policy #19.2, and all policies within the Information
Systems Section.

I understand and acknowledge that failure to follow any policy within the Personnel
Policy Manual may result in discipline, up to and including termination of employment.
(If progressive discipline is initiated, the progression can be interrupted at any stage and
the Employee can be terminated from employment.)

(Let it be known that Elected Officials are not obligated to follow a policy of progressive
discipline).

Signature of Employee: __________________________________________________

Date: ________________________________________________________________

Witness: _____________________________________________________________

124