Finance and Audit Committee
Substitute
November 3, 2008
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing sections 7505., 7520., and 7542, Jackson County Code, 1984, relating to the Merit System Commission, and enacting, in lieu thereof, three new sections relating to the same subject.
Intro
ORDINANCE #4056, October 27, 2008
INTRODUCED BY Scott Burnett, County Legislator
Body
WHEREAS, the Employee Committee appointed by the County Executive has completed its review of the County's Personnel Rules and has made its recommendations for revisions; and,
WHEREAS, in connection with this review, the committee has recommended certain revisions to the County Code provisions regarding the powers and duties of the Merit System Commission; and,
WHEREAS, the recommended revisions are in the best interests of the health, welfare, and safety of the citizens of Jackson County; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Sections 7505., 7520., and 7542., Jackson County Code, 1984, are hereby repealed and three new sections enacted in lieu thereof, to be known as sections 7505., 7520., and 7542., to read as follows:
7505. Merit System Commission, Powers and Duties.
The Merit System Commission shall have the following powers and duties.
7505.1 Recommend Policy.
The Commissioner shall automatically recommend to the County Legislature and the County Executive policies for the operation of the merit system. All recommendations shall be in writing and filed with the Clerk of the County Legislature and with the County Executive.
7505.2 Hold Regular Meetings.
The Commission shall meet at least once a month at regularly schedule time.
7505.3 Annual Report to Legislature and Executive.
The Commission shall make an annual report to the County Legislature and County Executive on the status of the merit system on or before the first of June of each year.
7505.4 Other Reports.
The Commission shall make other reports as deemed necessary by the Commission, County Executive or County Legislature.
7505.5 Review Significant Act.
The Commission shall review any significant act affecting the employment of any merit system employee other than probationary employees, to determine if the act was taken because of the race, creed, color, religion, national origin, gender, age, ancestry, disability, political activity or lack of political activity, union membership or nonmembership, pregnancy status, sexual orientation, gender identity, or veteran status of the employee or was otherwise without cause.
7505.6 Promulgate Rules of Procedure.
The Commission shall promulgate reasonable rules of procedure for its meetings and hearings.
7520. Definitions.
The following words and phrases are defined as follows.
7520.1 Appointing Authority
Appointing authority means an elected official, charter officer, department head, director of the designee of that person.
7520.2 Commission.
Commission means the Merit System Commission.
7520.3 Continuous County Service.
Continuous county service means employment with Jackson County without interruption except for authorized leaves of absence.
7520.4 Full-Time Employee.
Full-time employee means any county employee not exempted by the charter or the merit ordinances.
7520.5 Merit Employee.
Merit employee means any county employee not exempted by the charter or the merit ordinances.
7520.6 Part-Time Employee.
Part-time employee means an employee who regularly works less than forty (40) hours per week or less than four (4) weeks a month.
7520.7 Permanent Employee.
Permanent employee means an employee who has completed a six (6) month probationary period.
7520.8 Probationary Employee.
Probationary employee means a merit employee during his first six (6) months of county employment, as further defined in section 723 of this code.
7520.9 Seasonal Employee.
Seasonal employee means a temporary employee who works in county service within a particular season of the year and may regularly work from year to year.
7520.10 Significant Act.
Significant act means any act concerning an employee which in any way adversely affects any aspect of the employment of that person deemed significant by the Merit System Commission. This shall include:
a. Dismissal.
Dismissal;
b. Demotion.
Demotion;
c. Layoffs.
Layoff;
d. Written Reprimand or Written Warning.
Written reprimand or written warning;
e. Termination or Adjustment of Benefits.
Termination or reduction of any benefit or allowance of a specific employee;
f. Reclassification to Lower Grade.
Reclassification of a position so as to place it in a lower paid grade;
g. Reclassification Resulting in Ineligibility.
Reclassification of a position so as to make the present holder ineligible to retain it;
h. Transfer Resulting in Hardship.
Transfer of an employee which causes that employee a hardship by reason of the geographic location of the new position of that employee;
i. Detrimental to Health and Safety of Employee.
Any act which may have a detrimental effect on the health and safety of a specific employee as a result of a change in that employee's working conditions;
j. Other Acts.
Any act having the effect of significantly reducing the practicability of any employee remaining in the county service or of adversely affecting the relationship between the effective compensation of the employee and the relative difficulty of the work of that employee, provided that an employee shall not have a right of review before the Merit System Commission of the result or contents of an employee evaluation or appraisal.
k. Construction of Definition.
Where any doubt arises concerning the applicability of this definition, it shall be construed in favor of providing the employee with a remedy before the Merit System Commission.
7520.11 Special-Fund Employee.
Special-fund employee means an employee funded by a special fund provided by a grant of any other governmental entity or by any foundation or from any source other than county revenues.
7542. Reinstatement.
The Merit System Commission may reinstate an employee with or without back pay.
7542.1 Computation of Back Pay.
Back pay shall be computed at the rate the employee earned at the time of suspension demotion or dismissal including any increases received by the class of that employee during the period, and less any unemployment compensation payments, wages or income received from other sources during that period of time.
7542.2 Intent of Section.
It is the intent of this section that a reinstated employee be reimbursed for only the income that is actually lost by reason of any wrongful suspension, demotion or dismissal, and that setoff of wages earned or other income shall not apply to income which was regularly received by the employee from other sources prior to the period in question.
7542.3 Back-pay Disputes.
The Merit System Commission may continue or reopen an appeal hearing in order to resolve a back-pay dispute.
7542.4. Documentation.
The Personnel Director or the Merit System Commission may require the employee to furnish any documents necessary to determine whether income was received from other sources, or the amount of that income, including copies of federal income tax returns, bank records, payroll-check stubs or other documentation.
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 #4056 introduced on October 20, 2008, was duly passed on November 10, 2008 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 #4056.
____________________ ________________________________
Date Michael D. Sanders, County Executive