IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing sections 629. and 630. and Schedule I to chapter 2, Jackson County Code, 1984, relating to compliance review and Jackson County non-merit employees, and enacting, in lieu thereof, two new sections and one new schedule relating to the same subject.
Intro
ORDINANCE NO. 5439, November 2, 2020
INTRODUCED BY Theresa Cass Galvin, County Legislator
Body
WHEREAS, by Resolution 20511, dated September 28, 2020, the Legislature approved the hiring of the Chief Compliance Review Officer pursuant to section 629.1 of the Jackson County Code; and,
WHEREAS, an amendment to section 629 of the Jackson County Code is needed to establish the Chief Compliance Review Officer as a non-merit position; and,
WHEREAS, additionally, an amendment to schedule I, chapter 2 of the code is needed to establish salary ranges for the Chief Compliance Review Officer position as well as for the Assistant Compliance Review Officer position set out in section 630. of the code; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause.
Sections 629. and 630. and Schedule I to chapter 2 Jackson County Code, 1984, are hereby repealed and two new sections and one new schedule enacted in lieu thereof, to be known known as sections 629. and 630. and Schedule I, to read as follows:
629. Compliance Review Officer.
There is hereby established a non-merit position of Chief Compliance Review Officer (CRO) as a member of the staff of the County Auditor. The CRO shall be supervised and directed by the County Auditor.
629.1 Appointment.
The CRO shall be selected by a majority of the County Legislature after the Finance and Audit Committee, or in the event that Committee shall not exist, a Committee of the Legislature so designated by the Chairman of the Legislature, has recommended a candidate for the position of CRO. The candidate recommended shall be appointed to the position of CRO upon a majority vote of the Legislature approving that person.
629.2 Removal.
The CRO may be removed by a vote of two-thirds (2/3) of the County Legislature after review and recommendation for removal by the Finance and Audit Committee, or other Committee so designated by the Chairman of the Legislature if the Finance and Audit Committee does not exist.
629.3 Limitation.
The CRO shall not simultaneously hold any other position or office with the County, except that this section shall not preclude the CRO from holding an unpaid County office or position of a temporary nature.
629.4 Salary.
The salary of the CRO shall not be established by the County Legislature pursuant to section 285. of this code.
629.5 Required to Attend Meetings.
The CRO shall attend all meetings of the Finance and Audit Committee and other legislative meetings, as appropriate
629.6 Mandates to Compliance Review Officer.
The following are mandates to the CRO.
a. Establishing Contract Goals.
The CRO shall establish Contract Goals for the utilization of MBEs and WBEs on solicitations subject to this chapter, based on the availability of MBEs and WBEs in the anticipated scopes of work for the Contract and the dollar amounts of the scopes of work of the Contract.
b. Evaluating Achievement of Contract Goals.
The CRO shall evaluate a Contractor’s achievement of Contract Goals or its Good Faith Efforts to do so.
c. Monitoring Contract Compliance.
The CRO shall work with user departments to monitor Contracts to ensure prompt payments to MBEs and WBEs and compliance with Contract Goals and commitments, including gathering data to facilitate such monitoring.
d. Collecting Program Data.
The CRO shall collect data to facilitate compliance with this chapter.
e. Notice to Bidder of Ineligibility.
The CRO shall notify every ineligible Bidder of the CRO's determination of the ineligibility of the Bidder for Contracts because of noncompliance with this chapter, and the reasons for the determination of noncompliance.
f. Notice of Ineligibility to Others.
The CRO shall notify the County Legislature and the Director of the Department of Finance and Purchasing of those Bidders who are ineligible for Contract because of noncompliance with this chapter.
g. Notice to Bidder of Reinstatement.
The CRO shall notify in writing every Bidder whose eligibility has been reinstated for Contract bidding under this chapter and shall also communicate that fact in writing to the County Legislature, the County Auditor, and the Director of the Department of Finance and Purchasing.
h. Notice of Noncompliance with Chapter.
The CRO shall notify the County Legislature and the Director of the Department of Finance and Purchasing of those Contractors that are not determined to be in compliance with any provision of this chapter and the reasons for the determination on noncompliance.
i. Notice of Deficiency in Plan.
If the CRO finds that a Utilization Plan fails to comply with the requirements set out in this chapter, the CRO shall specify to the interested Bidder, Contractor, or Subcontractor each deficiency and shall allow seven (7) working days after the notice to correct the deficiency.
j. Compliance by Contractor.
The CRO shall review all evidence submitted and all other evidence available to the CRO, and shall determine whether or not the Contractor has neglected to implement its Utilization Plan, or is otherwise in violation of this chapter. Notice of an adverse determination shall be promptly communicated to the Contractor in writing by registered mail to the address listed on the bid of the Contractor, with notice of the right of appeal granted under this chapter. The CRO shall specify to the Contractor the corrective action required and shall request from the Contractor a commitment in writing to accomplish the corrective action so specified.
k. Bidders on Contracts in Excess of Fifty Thousand Dollars.
With respect to each Bidder being considered, as indicated by the Director of Finance and Purchasing or other County officer authorized to invite bids, for the award of a Contract in excess of fifty thousand dollars ($50,000) in any contract term, as estimated by the Director of Finance and Purchasing or other officer, the CRO shall find whether:
i. Contractor or Subcontractor.
The individual or entity is a Contractor or Subcontractor; and
ii. Eligibility.
The Bidder or Contractor has complied with this chapter for the proposed Contract.
iii. Notice of Findings.
The CRO shall promptly communicate the findings under i. and ii. to the County Legislature, the Legislative Auditor, and the Director of the Department of Finance and the Purchasing.
l. Notice of Compliance Review Officer.
The CRO shall notify every affected Bidder, Contractor, and Subcontractor of all decisions, findings or other actions of the CRO and of its appeal right under this chapter.
m. Other Duties.
In addition to other duties specified elsewhere, it shall be the duty of the CRO under this chapter:
i. Act to Assure Compliance.
To do every act reasonably necessary and feasible to assure compliance by Bidders, Contractors, and Subcontractors with all requirements of this chapter;
ii. Assist Bidders, Contractors and Subcontractors.
To actively assist Bidders, Contractors, and Subcontractors to achieve or maintain compliance with this chapter;
iii. Maintain Public File.
To prepare and maintain a public file for each individual or entity submitting information to the CRO, to maintain in that file a correspondence log documenting all contact with those individuals or entities, and to keep and prepare records of the cumulative amounts of all Contracts awarded during each calendar year to any Contractor or its Affiliates;
iv. Recommend Revisions.
To recommend to the County Legislature any revisions to this chapter deemed prudent and policies and procedures to implement these provisions;
v. Design Documents and Forms.
To design documents, reports, manuals, and other papers and electronic forms needed to perform the functions of the CRO and to disseminate and accumulate relevant information in the enforcement of this chapter, provided that, in no event may the CRO require any Bidder, Contractor, or Subcontractor to file any document, report form, manual, or other paper more frequently than semi-annually;
vi. Cooperate with OEHRCC.
To cooperate with the Office of Ethics, Human Relations, and Citizen Complaints in connection with the exercise by that office of its charter functions;
vii. Verify Information.
To verify information from Bidders, Contractors, or Subcontractors with on-site visits and to request the submission of relevant employment data from such;
viii. Reports to Legislature.
To present monthly and annually to the County Legislature a report of the progress of the County in implementing the policy of this chapter, including the utilization of MBEs and WBEs as prime Contractors and Subcontractors; and
ix. Encourage Development of Affirmative Action Programs.
To encourage the development of affirmative action programs by County Bidders, Contractors, and Subcontractors.
630. Assistant to the Compliance Review Officer.
There is hereby established a non-merit position of Assistant [to the] Compliance Review Officer as a member of the staff of the Compliance Review Office. The Assistant [to the] Compliance Review Officer shall be hired by the CRO.
630.1 Salary.
The salary of the Assistant [to the] Compliance Review Officer shall be established by the County Legislature pursuant to section 285. of the code.
630.2 Duties.
The Assistant [to the] Compliance Review Officer shall perform all duties as assigned by the CRO.
Schedule I
|
|
|
NON-MERIT CLASSIFICATION TITLE |
GRADE |
2020 MINIMUM SALARY |
2020 MAXIMUM SALARY |
|
COUNTY LEGISLATURE |
|
|
|
|
|
|
Legislature as a Whole |
|
|
|
|
|
|
Legislative Aide |
N/A |
Open |
Open |
|
|
|
|
|
|
|
|
|
County Auditor |
|
|
|
|
|
|
Secretary to Auditor |
160 |
34,842 |
54,005 |
|
|
|
Assistant Compliance Review Officer |
200 |
42,351 |
65,644 |
|
|
|
Chief Compliance Review Officer |
230 |
49,026 |
75,991 |
|
|
|
Chief Deputy Auditor |
260 |
56,755 |
87,970 |
|
|
|
County Auditor |
370 |
102,617 |
174,448 |
|
|
|
|
|
|
|
|
|
County Clerk |
|
|
|
|
|
|
Administrative Assistant II |
140 |
31,603 |
48,985 |
|
|
|
Legislative Secretary |
150 |
33,183 |
51,434 |
|
|
|
Deputy Clerk of the Legislature |
300 |
69,986 |
106,928 |
|
|
|
Clerk of the County Legislature |
350 |
88,045 |
136,470 |
|
|
|
|
|
|
|
|
COUNTY EXECUTIVE |
|
|
|
|
|
|
Executive Assistant |
170 |
36,585 |
56,706 |
|
|
|
Asst. to County Executive/Office Administrator |
210 |
44,469 |
68,927 |
|
|
|
Public Information Officer |
250 |
54,052 |
83,781 |
|
|
|
Chief (County Executive) |
370 |
102,617 |
174,448 |
|
|
|
County Administrator |
999 |
175,000 |
350,000 |
|
|
|
|
|
|
|
|
|
All County Departments |
|
|
|
|
|
|
Executive Assistant |
170 |
36,585 |
56,706 |
|
|
|
Deputy Department Director |
300 |
68,986 |
106,928 |
|
|
|
Department Director |
350 |
88,045 |
136,470 |
|
|
|
Director of Public Works |
360 |
92,447 |
157,161 |
|
|
|
|
|
|
|
|
|
OHRCC |
|
|
|
|
|
|
Administrative Assistant II |
140 |
31,603 |
48,985 |
|
|
|
Director of OHRCC |
210 |
44,469 |
68,927 |
|
|
|
|
|
|
|
|
|
County Counselor |
|
|
|
|
|
|
Secretary. to County Counselor |
160 |
34,842 |
54,005 |
|
|
|
County Counselor, Assistant |
250 |
54,052 |
83,781 |
|
|
|
County Counselor, Deputy |
270 |
59,593 |
92,369 |
|
|
|
Chief Deputy County Counselor |
360 |
92,447 |
157,161 |
|
|
|
County Counselor |
370 |
102,617 |
174,448 |
|
|
|
|
|
|
|
|
|
Municipal Court |
|
|
|
|
|
|
Municipal Court Administrator |
220 |
46,692 |
72,373 |
|
|
|
|
|
|
|
|
|
Public Administrator |
|
|
|
|
|
|
Secretary to Public Administrator |
160 |
34,842 |
54,005 |
|
|
|
Chief Deputy Public Administrator |
260 |
56,755 |
87,970 |
|
|
|
Public Administrator |
350 |
88,045 |
136,470 |
|
|
|
|
|
|
|
|
|
Medical Examiner |
|
|
|
|
|
|
Secretary to Medical Examiner |
160 |
34,842 |
54,005 |
|
|
|
Investigator I |
220 |
46,692 |
72,373 |
|
|
|
Investigator II |
240 |
51,478 |
79,791 |
|
|
|
Chief Investigator |
290 |
65,701 |
101,836 |
|
|
|
Forensic Fellow |
310 |
72,435 |
112,274 |
|
|
|
Deputy Medical Examiner |
999 |
175,000 |
350,000 |
|
|
|
Chief Deputy Medical Examiner |
999 |
175,000 |
350,000 |
|
|
|
Chief Medical Examiner |
999 |
175,000 |
350,000 |
|
|
|
|
|
|
|
|
PROSECUTING ATTORNEY |
|
|
|
|
|
|
Executive Assistant |
170 |
36,585 |
56,706 |
|
|
|
Director (Prosecutor Attorney) |
340 |
83,853 |
129,972 |
|
|
|
COMBAT Director |
350 |
88,045 |
136,470 |
|
|
|
Deputy Director COMBAT |
300 |
68,986 |
106,928 |
|
|
|
Division Chief (Prosecuting Attorney) |
350 |
88,045 |
136,470 |
|
|
|
Program Administrator (Prosecuting Attorney) |
350 |
88,045 |
136,470 |
|
|
|
Chief of Operations (Prosecuting Attorney) |
360 |
92,447 |
157,161 |
|
|
|
Prosecuting Attorney, Deputy |
360 |
92,447 |
157,161 |
|
|
|
|
|
|
|
|
|
Drug Task Force |
|
|
|
|
|
|
Narcotics Investigative Specialist |
180 |
38,414 |
59,541 |
|
|
|
Office Administrator |
210 |
44,469 |
68,927 |
|
|
|
Officer in Charge |
270 |
59,593 |
92,369 |
|
|
|
|
|
|
|
|
SHERIFF |
|
|
|
|
|
|
|
Executive Assistant |
170 |
36,585 |
56,706 |
|
|
|
Deputy Director of Administration (Corrections) |
300 |
68,986 |
106,928 |
|
|
|
Deputy Corrections Center Director |
300 |
68,986 |
106,928 |
|
|
|
Correctional Center Director |
350 |
88,045 |
136,470 |
|
|
|
Major |
360 |
92,447 |
157,161 |
Enacted and Approved
Effective Date: This ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
______________________________ ________________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached ordinance, Ordinance No. 5439 introduced on November 2, 2020, was duly passed on November 2, 2020 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______8________ Nays ______0________
Abstaining _____0______ Absent _____1________
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance No. 5439.
____________________ ________________________________
Date Frank White, Jr., County Executive