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1 CountyBoard Resolution #343, 2000 (St. Louis County Computer
2 Minnesota Statute 383C.05 Political Activity
3 County Board Resolution #104, February 20, 2007 Non Discrimination which refers to County Board File No. 52732, on file in the office of the
County Auditor,
4 County Board Resolution #512, June 13, 1989 Drug and Alcohol
5 County Board Resolution #494, October 4, 2005 Harassment refers to County Board File No. 58455
Employment Discrimination Complaint and Investigation Procedures as established by the St. Louis County Civil Service Department.
1. ST. LOUIS COUNTY COMPUTER POLICY
RESOLUTION NO. 343
May 9, 2000
WHEREAS, St. Louis County has previously provided for Internet access policy
issues through Resolution No. 649, dated August 12, 1997; and
WHEREAS, the MIS User Group Internet Subcommittee has reviewed that policy
and accompanying individual Memorandum of Agreement and has recommended
updating the policy; and
WHEREAS, the recommended policy has been reviewed and approved by the
MIS User Group and Department Heads; and
WHEREAS, adoption of the policy would provide a clearer understanding of
computer usage issues and be of benefit to the County.
NOW, THEREFORE, BE IT RESOLVED, that the St. Louis County Board of
Commissioners adopts the St. Louis County Computer Policy, copy on files in County
Board File No. 57577, and specifically repeals Resolution No. 649.
ST. LOUIS COUNTY COMPUTER POLICY
I. Introduction
St. Louis County utilizes computers and computer systems in the work place to
facilitate communications, improve employee productivity, and fulfill its
government functions. It is the intent of this policy to provide an overall
framework for computer usage within St. Louis County.
II. Scope
A. Management Rights
St. Louis County is the owner of the computer systems it provides to its
employees to conduct County business. St. Louis County, as the owner of
this equipment and the employer of the County employees, is responsible
for the lawful and appropriate use of the County’s systems. Accordingly,
the County must maintain the right to oversee use of the County systems
by County employees to protect ownership rights to the systems and to
prevent illegal or inappropriate use of the systems.
B. Public Rights
Information contained on the County’s systems may be accessible to the
subject of the information, authorized third parties, or the general public.
Access to this information is governed by state laws, federal laws, and
rulings by the courts. These laws include numerous provisions providing
public access to information, as well as, numerous provisions protecting
the rights of persons affected by this information. St. Louis County, its
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officers, and employees shall implement their best judgment and
discretion in protecting the rights of the public and the privacy of
individuals when administrating information contained on the County’s
systems.
C. Employee Privacy
The County recognizes the privacy interests of its employees to the
contents of their personal communications contained in the County
systems. While recognizing the privacy interests of its employees, the
County must balance these privacy concerns with the County’s inherent
management responsibility to manage its systems, together with, rights of
the public and third parties to obtain certain government information.
D. Transient Electronic Communications
The County’s electronic mail system, known as e-mail, is used as a
communication system for electronic messages. The system is not
intended as a storage system for transient electronic communications
unless, pursuant to County policy, the electronic messages are entered
into an official County record keeping system.
III. Responsibilities
It is the responsibility of the St. Louis County Board to establish policies
concerning computer usage within St. Louis County.
It is the responsibility of the MIS User Committee to discuss County computer
policy and provide recommendations to the St. Louis County Officials
Organization and St. Louis County Administration.
It is the responsibility of the County Administrator and designees to ensure
appropriate utilization of the St. Louis County systems for retention of
government data and records.
It is the responsibility of department heads, individually and through the St. Louis
County Officials Organization, to assist the County Board in formulating the St.
Louis County Computer Policy. Department heads shall also be responsible for
setting specific departmental policies on computer usage within the framework of
the overall County policy. Department heads shall also be responsible to establish
departmental policies on the creation of data and storage of records consistent
with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and the
preservation of public records consistent with Minn. Stat. § 138.17, and Minn.
Stat. § 15.17.
It is the responsibility of St. Louis County employees to utilize St. Louis County
computers and systems to further the goals of St. Louis County in providing
services to its citizens. They are also responsible for taking all precautions
necessary to avoid contamination of the county’s computers and systems by
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software viruses and to prevent the unauthorized use of the County’s systems.
The MIS Department shall be responsible to maintain and operate the County’s
hardware and software systems. This includes the appropriate backup of systems
and information for purposes of disaster recovery. Backup of such a nature is not
intended to create data.
IV. Hardware and Software
St. Louis County is the owner of all equipment provided to employees and
constituting the St. Louis County computer system. St. Louis County also
provides software for use on individual computers and within the system.
Employees should be responsible for understanding and respecting the terms of
such software licenses. Use of hardware and software beyond that provided to
employees by the County shall require MIS and department head approval.
Privately owned hardware and software not licensed to St. Louis County will not
be serviced by County support staff.
Personal use of St. Louis County hardware and software is permitted. However,
such use shall be limited in time and frequency in accordance with County and
Departmental policies. It shall be conducted in a manner to limit the interruption
of County business.
All computer usage remains subject to all other St. Louis County policies,
including but not limited to St. Louis County Usage Ethics Computer Policy, the
St. Louis County Conflict of Interest Policy, the St. Louis County
Nondiscrimination Policy, and the St. Louis County Sexual Harassment Policy.
V. E-mail
The St. Louis County system provides e-mail systems on both an Intranet and
Internet basis. E-mail is intended as a communication tool. E-mail messages,
when read, will be defaulted to trash and will not be maintained by the MIS
department in a backup capacity. Department heads will ensure proper
procedures are established within their department to insure that those e-mail
messages which are to be retained as government data or government records are
preserved in an appropriate manner.
St. Louis County recognizes that employees may have some privacy rights in email
pursuant to the Minnesota and Federal Electronic Communications Acts. St.
Louis County, however, cannot guarantee that e-mail will remain private. St.
Louis County may be required by court order, statute, or other authority to
divulge employee e-mail. Additionally, St. Louis County reserves a right to
monitor employee’s e-mail if inappropriate or illegal e-mail usage is suspected.
Personal use of e-mail is permitted. However, such use shall be limited in time
and frequency in accordance with County and Departmental policies. It shall be
conducted in a manner to limit the interruption of County business.
Personal use of e-mail is subject to all other policies of St. Louis County
including, but not limited to, the St. Louis County Conflict of Interest Policy, the
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St. Louis County Nondiscrimination Policy, and the St. Louis County Sexual
Harassment Policy.
VI. Internet and Intranet
St. Louis County employees may have Intranet and Intranet access through St.
Louis County systems. Internet and Internet usage provides unique opportunities
to gather and exchange information to fulfill the mission of St. Louis County.
Personal use of Internet and Intranet access is permitted. However, such use shall
be limited in time and frequency in accordance with County and Departmental
policies. It shall be conducted in a manner as to limit the interruption of County
business.
Internet usage may create temporary files such as cookies or cache. The
placement of temporary files within the St. Louis County system shall not be
considered permanent or the creation of government data.
Personal use of Intranet and Internet access remains subject to all other St. Louis
County policies including, but not limited to, the Conflict of Interest Policy,
Sexual Harassment Policy and Nondiscrimination Policy.
15.11
2. 383C.05, Minnesota Statutes 2006
Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota.
383C.05 POLITICAL ACTIVITY.
No officer or employee in the classified service is under any obligation to contribute to any
political fund or to render any political service to any person or body whatsoever and no person
shall be removed, reduced in grade, or salary, or otherwise prejudiced for refusal so to do. No
public officer whether elected or appointed shall discharge, promote, demote, or in any manner
change the official rank of the employee or the compensation of any person in the classified
service or promise or threaten to do so, for the giving or withholding or neglecting to make any
contribution of money or services or any other valuable thing for any political purpose.
Except as herein provided, any officer or employee holding office or place in the classified
service may become a candidate for nomination or election to any public office or may seek and
accept election, nomination or appointment as an officer of a political group, or organization,
or take part in a political campaign or serve as a member of a committee of any such club
or organization, or circulate or seek signatures to any petition provided for by any primary or
election law or act as a worker at the polls, or distribute badges, colors, or indicia favoring or
opposing the candidate for election or nomination to a public office whether federal, state, county
or municipal, if the officer or employee does not engage in such activities during working hours
or to such an extent off duty that the officer's or employee's efficiency during working hours is
impaired or that tardiness or absence from work without notice or permitted leave results.
Nothing in this section shall be construed to prohibit or prevent any such officer or employee
from becoming or continuing to be a member of a political club or organization or from attendance
at political meetings or from enjoying entire freedom from all interference in casting a vote or
from seeking or accepting election or appointment to public office.
History: 1941 c 423 s 21; 1957 c 340 s 1; 1973 c 256 s 1; 1986 c 444; 2003 c 70 s 1
3. RESOLUTION NO. 104
BOARD FILE NO. 52732
February 23, 1987
RESOLVED, that the St. Louis County Board of Commissioners, consistent with its
resolve to provide fair and equitable treatment in all conditions of employment for
employees and job applicants, does hereby adopt a policy relating to equal employment opportunities, as contained in County Board File No. 52732, on file in the office of the County Auditor, effective immediately.
RESOLVED FURTHER, that the Civil Service Department shall establish a procedure
relating to the filing of and investigation of employment discrimination complaints.
4. DRUG AND ALCOHOL-FREE WORKPLACE POLICY
RESOLUTION NO. 512
BOARD FILE NO. 53523
June 13, 1989
RESOLVED, that the St. Louis County Board of Commissioners hereby adopts the St.
Louis County Drug and Alcohol Free Workplace Policy as of June 13, 1989, copy on file
in County Board File No. 53523.
ST. LOUIS COUNTY DRUG & ALCOHOL-FREE WORKPLACE POLICY
INTRODUCTION - St. Louis County has a responsibility to its citizens to provide a safe,
productive work environment. The County also has a responsibility to assure that its
employees are providing services in a physically and psychologically fit manner. In
order to achieve these objectives, St. Louis County employees must be able to work in a
drug and alcohol-free working environment, and themselves be free from the effects of
drugs and alcohol while at work.
In recognizing that the health and wellness of employees is imperative to a productive
work environment, the County intends to focus on education, prevention and assistance
measures in striving to maintain a drug and alcohol-free workplace. The purpose of this
policy is to set forth the County’s rules regarding drugs and alcohol use and possession in
the workplace.
COVERAGE OF POLICY - The St. Louis County Drug and Alcohol-Free Workplace
policy is applicable to ALL St. Louis County employees, independent contractors and
volunteers or any individual representing the County in any capacity. It is the
responsibility of every County department to enforce all provisions of this policy.
Questions regarding the policy should be referred to the St. Louis County Civil
Service/Personnel Department. All coverage and intent of this policy is in accordance
with the provisions of the Drug-Free Workplace Act-1988.
DEFINITIONS -
“Alcohol and drug use” - defined as the use of mood altering drugs including but not
limited to forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana
or the use of prescription drugs which impair job performance
“Controlled substances” - defined as those substances of which the use, distribution or
possession is controlled by regulation or statute
“Impaired job performance” - defined as a situation in which an employee has impaired
alertness, coordination, reactions, responses or effort; if the employee’s behavior or
conduct is a safety or health threat; or if the employee’s behavior or conduct has the
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ST. LOUIS COUNTY BOARD POLICIES
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appearance of unprofessional, irresponsible conduct detrimental to the County’s public
image
“Employee” - defined as any person employed by the County
POLICY STATEMENTS:
1. St. Louis County prohibits the use, possession, sale or transfer of alcohol, or
controlled substances, identified by State or Federal laws, during all work hours,
on County owned property or whenever County work is being performed.
Exception: This policy statement does not apply to Sheriff’s Department
employees when the prohibited act or possession is performed in accordance with
Sheriff’s Department policy, and such use or possession is necessary in
connection with the investigation of illegal activities.
2. St. Louis County will provide to its citizens and employees a workplace free of
the use of drugs or alcohol. No employee or contractor of the County shall report
to work while impaired or influenced by alcohol, controlled substances or other
mood altering drugs. The County encourages employees in safety sensitive
positions to notify their supervisors if they are taking medically prescribed drugs
which may impair job performance.
3. St. Louis County prohibits any employee or contractor of the County from
operating, using or driving any equipment, machinery or vehicle in performance
of County work while impaired or influenced by the use of alcohol or drugs.
4. St. Louis County discourages employees from consuming or using alcoholic
beverages or controlled substances during lunch, dinner meals or break periods
when returning to work to perform work on behalf of the County.
5. St. Louis County requires, pursuant to the Drug-Free Workplace Act-1988 that an
employee must notify their supervisor of any criminal drug conviction for a
violation occurring in the workplace, within five (5) days of such conviction. The
County will notify the contracting/granting agency within ten (10) days of receipt
of an employee conviction notice.
6. St. Louis County requires that any employee who is called to work in a call-out
situation must notify his/her supervisor prior to starting work if they have
consumed alcoholic beverages, ingested controlled substances or taken
prescription drugs which may impair performance of duties. It will be the
responsibility of the employee’s supervisor to ask pertinent questions to determine
the employee’s ability to perform in a safe, fully functioning capacity. It will be
the responsibility of the Supervisor to document the authorization to come to
work.
7. St. Louis County requires that supervisors notify their Department Heads when
there is evidence or reasonable suspicion to believe that an employee has or may
have illegal drugs in his/her possession at work. It will be the responsibility of the
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Department Head or their designee to contact the appropriate law enforcement
agency to take action in these circumstances.
8. St. Louis County requires that any employee in violation of any of the provisions
of this policy will be subject to disciplinary action including possible termination.
Each situation involving a violation will be thoroughly investigated and action
taken on a case-by-case basis.
9. St. Louis County will take an active role in educating employees of the dangers
involved in drug and alcohol use and abuse. The County will continue to promote
and maintain efforts of the Health promotion and Employee Assistance Program
for the purpose of assisting and rehabilitating employees with drug or alcohol
related problems. Employees who may have an alcohol or drug abuse problem
are encouraged to seek a professional, confidential assessment from the Employee
Assistance program before the problem impacts on the employee’s ability to
perform the job.
10. St. Louis County Employees have a responsibility to abide by the provisions of
this policy. Any supervisor who observes an individual in violation of these
provisions shall document the circumstances, facts and observations made. A
departmental investigation shall then be conducted to determine the facts of the
situation. For safety reasons County employees have a responsibility to report
any situation on the job in which they observe an employee functioning under
impaired circumstances or have information indicating that an employee has
violated any provision of this policy. St. Louis County may require that any
employee in violation of any of the provisions of this policy participate in a
referral to the County’s Employee Assistance Program. Compliance with any
subsequent referrals for treatment programs will be mandatory.
NON DISCRIMINATION STATEMENT -
The St. Louis County Drug and Alcohol-Free Workplace Policy will be applied and
enforced without discrimination.
APPLICANT DRUG TESTING POLICY
RESOLUTION NO. 659
BOARD FILE NO. 57053
September 2, 1997
RESOLVED, that the Board authorizes pre-employment drug testing for all new hires in
accordance with the St. Louis County Applicant Drug Testing Policy, a copy of which is
retained in County Board File No. 57053. The policy is effective October 1, 1997.
ST. LOUIS COUNTY APPLICANT DRUG TESTING POLICY
I. INTRODUCTION
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St. Louis County has a responsibility to its citizens and employees to provide a safe,
productive work environment and to assure that its employees are providing services in a
physically and psychologically fit manner. In order to achieve these objectives, St. Louis
County employees must be able to work in a drug-free working environment, and must
themselves be free from the effects of drugs while at work.
The purpose of this Policy is to set forth the County’s rules regarding applicant drug
testing.
This Policy is enacted pursuant to the Minnesota Drug and Alcohol Testing in the
Workplace Act (MS 181.950-181.957), and the federal Omnibus Transportation
Employee Testing Act of 1991 and the rules promulgated thereunder, and shall utilize the
statutory definitions of terms found within the laws. Testing procedures required under
federal law shall supersede state law procedures when mandated. This Policy will be
applied and enforced without discrimination.
II. POLICY APPLICATION
The St. Louis County Applicant Drug Testing Policy is applicable to all job applicants
not currently employed by St. Louis County. The Civil Service/Personnel Director shall
be the administrator of this Policy and shall be the authorized representative to arrange
for drug testing services; shall receive testing results; and shall provide notices, as
required, to individuals. It is the authority of the Civil Service/Personnel Director to
make determinations regarding the application and interpretation of the provisions of this
Policy.
III. PERSONS SUBJECT TO TESTING
All applicants conditionally offered employment shall be subject to testing for the
following drugs: marijuana, cocaine, amphetamines, opiates, phencyclidine (PCP) and
any other drug tests authorized by law.
No person will be tested for drugs without the person’s consent; however, refusal to be
tested shall result in the consequences indicated in Section V. “Refusal to Undergo
Testing and Adulterated Tests”.
IV. CIRCUMSTANCES FOR REQUESTING APPLICANTS TO UNDERGO
TESTING
Any applicant not currently employed by St. Louis County who is selected for
employment with the County will be offered employment conditioned upon the
completion of a drug test having negative results.
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V. REFUSAL TO UNDERGO TESTING AND ADULTERATED TESTS
A. Right to Refuse Test
All applicants have the right to refuse to undergo drug testing. If an
individual refuses to undergo requested drug testing, no such test shall be
given. Adulteration of a test, attempts to delay the taking of the test, or
failure to take the test at the appointed time and place may be considered a
refusal to test.
B. Consequences of Refusal to Take Test
An applicant for a position in the classified civil service who refuses to
take a drug test shall be disqualified from further consideration for the
conditionally offered position, and the applicant’s name shall be removed
from ALL eligible lists and may be disqualified by the Civil
Service/Personnel Director from applying for positions in the classified
service with St. Louis County for a period of two (2) years.
An applicant for a position in the unclassified service who refuses to take
a drug test shall be disqualified from further consideration for the
conditionally offered position.
VI. TESTING PROCEDURES: APPLICANT RIGHT TO EXPLAIN TEST
RESULTS AND REQUEST A RETEST
A. Certified Laboratory
The County shall use a certified testing laboratory, licensed pursuant to
MS 181.953 and USDOT regulations, to test drug samples. Collection of
samples, handling, labeling, identification, and record keeping shall be
done pursuant to a uniform chain of custody procedure established by the
County.
The County shall use the split specimen method for drug testing.
Applicants must provide at least 45 ml of urine; 30 ml for the primary
specimen and 15 ml for the secondary, or split specimen. The applicant
shall complete the appropriate sections of the Chain-of-Custody (COC)
forms, initial and date the labels used to cover the specimen bottles, and
personally observe the labeling, handling and packaging of the specimens
by the medical staff person. Individuals will be allowed to provide
specimens in private, unless there is the threat of adulteration to the
specimen. The split specimen shall then be sent by overnight courier to
the laboratory.
The testing laboratory shall prepare a written report indicating the drugs or
their metabolites tested for in a sample, and whether the test produced
negative or positive test results. The laboratory shall send its report to the
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Civil Service/Personnel Director within three working days following a
positive confirmatory test or a negative result on the initial screening test.
The laboratory shall retain properly stored test samples for at least six
months after a confirmatory positive test result.
B. Applicant Provided Information
An applicant who is requested to take a drug test shall be given the
opportunity to review this Policy and shall be provided with a copy of a
form upon which the individual will acknowledge that they have seen the
St. Louis County Applicant Drug Testing Policy.
C. Notice of Test Results
Within three working days following receipt of the Medical Review
Officer’s written report of the test results from the testing laboratory, the
Civil Service/Personnel Department shall inform the applicant in writing
of the following:
1. A negative test result on an initial screening or a positive test result
that has been verified by a confirmatory test;
2. The right to request and receive a copy of the test results report;
3. The right to request in writing, within three days after a notice of a
positive test result, a second confirmatory test of the original
sample at the applicant’s expense at the original testing laboratory
or another licensed testing laboratory, which retest shall be
arranged for by the County. The County shall inform the
laboratory of the request for a retest within three days of notice;
4. The right to submit further information that indicates any over-thecounter
or prescription medication that the individual is currently
taking or has recently taken and any other information relevant to
the reliability of, or explanation for, a positive test result to the
Medical Review Officer within three working days after notice of a
positive test result to explain that result;
The Civil Service/Personnel Department will immediately inform the appointing
authority in writing of a negative test result on an initial screening, or will inform the
appointing authority of a positive test result after the applicant’s information and retest
rights have been exhausted.
VII. PERSONNEL ACTIONS RESULTING FROM POSITIVE TEST RESULT
If an applicant’s positive test result is verified in a confirmatory test or in any
confirmatory retest requested by the applicant, the following action will occur, unless the
applicant has furnished a valid medical reason to the Medical Review Officer for the
positive test result.
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CLASSIFIED POSITION:
The conditional offer of employment will be withdrawn, the applicant’s name will be
removed from ALL eligible lists, and the applicant may be disqualified by the Civil
Service/Personnel Director from applying for positions in the classified service with St.
Louis County for a period of two (2) years.
UNCLASSIFIED POSITION:
The conditional offer of employment will be withdrawn.
VIII. APPEALS PROCEDURES
Any applicant for a position in the classified civil service whose name is removed from
an Eligible Register may appeal to the Civil Service Commission. Under Civil Service
Rule 6.4, all appeals must be made in writing within ten (10) days of receipt of notice of
such removal.
IX. DATA PRIVACY
The purpose of collecting a body component sample of blood, breath or urine is to test
that sample for the presence of drugs. The name, initials and social security number of
the person providing the sample are necessary for the sample to be identified accurately
but confidentially. Information about medications and other information relevant to the
reliability of, or explanation for, a positive test result is requested to ensure that the test is
reliable and to determine whether there is a valid medical reason for any drug in the
sample. All data collected under this policy is intended for use in determining the
suitability of the applicant for employment and is classified as private data.
The employer will not disclose drug test reports and other information acquired in the
drug testing process to another employer or to a third party individual, governmental
agency or private organization without the written consent of the person tested, unless
permitted or required by law, court order, or judicial proceeding.
6.7
5 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, RETALIATION,
INCLUDING COMPLAINT PROCEDURE
RESOLUTION NO. 494
October 4, 2005
WHEREAS, St. Louis County entered into an Americans’ with Disabilities Act
(ADA) compliance agreement with the United States Department of Justice, which
requires revisions to the “Policy Prohibiting Discrimination, Harassment, and Retaliation,
Including Complaint Procedure”;
BE IT RESOLVED, that the St. Louis County board hereby approves the revised
“Policy Prohibiting Discrimination, Harassment, and Retaliation, Including Complaint
Procedure”, as contained in County Board File No. 58455, on file in the office of the
County Auditor.
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