Code of Conduct passed on 12 18 07

ST. LOUIS COUNTY CODE OF CONDUCT

DECEMBER 18, 2007

STATEMENT OF PURPOSE

Comparison of Proposed Draft Code and Code Proposed by Commissioner Nelson Additionl Links Listed at Bottom of Page Watch the County Commissioners Discuss the original proposed code: Click Here Discussion took place at County Board Workshop We are a nation of laws, and while at times we may balk at conforming to those laws, it is the individual who controls his or her behavior, and the  governmental entities in this case must determine what if any responsiblity the entity will assume for legal defense, settlement and judgements paid.    It is within the rights of a governmental entity to specifiy which behaviors of the elected officials of that governmental entity it is liable for and under what conditions.   Version The "Nelson" Code Presented 12/11/07 The "Admin" code The St. Louis County Administrator  Proposed This Draft Code 10/10/07 Rochester Code of Ethics Rochester, MN Commentary Full Text of Code Nelson Code Draft Code By Administrator Code of Ethics of the City of Rochester The county needs to show the public and it's employees the manner in which complaints against county commissioners will be handled by the administration.  The board's action or inaction on such a matter is only one part.   If the administration has done a complete job of following the process there and the board refuses to act to censure a member, at a minimum the administration should have had action it could take to keep the commissioner from creating an unfit workplace or if the investigation found violation of law, it should be reported to the police. In the Rochester Mn City code violation of the code is a misdemeanor.  This would seem a possible way to lend "teeth" while not coming between the voters and the commissioner.   At least there would be public record of the event for the voters to see. Author The "Nelson" Code Presented 12 11 07 Nelson presented this version having worked on it for "6 months" with the assistance of two other County Commissioners and a Lawyer retained by those County Commissioners privately.   Draft Code of Conduct Proposed 10/10/07 The Code Proposed by the St. Louis County Administrator who was appointed by the Board of St. Louis  County as a whole to "dialog with the elected officials of St. Louis County" regarding development of a policy/code of ethics/conduct to achieve these objectives, one that requires each elected official to assume personal responsiblity for enduring that his or her conduct is appropriate and legal. _____________________ The Code drafted by the County Administrator : St. Louis County has a world class administrator and drafting code is his job.   Properly utilizing the individual in this position is imperative.  The Administrator has the needed professional expertise to defend the interests of the people of St. Louis County Who The Code Pertains To: Not Specific   Not Specific Ordinance Covers City Council and City Elected Officials Policy and Purpose, 13.01 Responsibilities of Public Office, 13.02 Scope of Persons Covered, 13.03 Conflict of Interest, 13.04 Use of City Property, 13.45 Disclosure, 13.05 Enforcement, 13.06 Subd. 1. The provisions of this Code of Ethics are applicable to the Mayor, all members of the Common Council, all appointed city officials, all city employees, and all citizen volunteers serving the City in any capacity. Subd. 2. Notwithstanding the provisions of this section, the disclosure requirements of Section 13.04 are applicable only to elected officials, city employees (including department heads and supervisors) who have the authority to approve the expenditure of funds, members of the following boards and commissions: Building Code Board of Appeals; Downtown Development District Advisory Board; Housing and Redevelopment Authority; Heating, Ventilation and Air Conditioning Board of Review; Housing Board of Appeals; Music Board; Park Board; Planning and Zoning Commission; Public Utility Board; Library Board; and Zoning Board of Appeals, and any person who has filed an affidavit of candidacy for an elective city office. Effect, 13.0713.03. Scope of Persons Covered. Nelson code unclear who is covered by the code.   In some areas it addresses the behavior of the public. county. The St. Louis County  code sometimes addresses the Board and sometimes refers to Employees, some questions The code being designed must be very clear in addressing Elected Officials The Rochester Code is very clear, it's about elected officials. Statement of Purpose Nelson CODE OF CONDUCT Date Presented 12 11 07 STATEMENT OF PURPOSE It is an Elected Official’s responsibility to do their [sic] wok [sic] wok in a professional respectful and and lawful way.  Each Elected Official is expected to assume personal responsibility for Ensuring that his/her conduct is appropriate and legal.  This code of conduct establishes standards For Elected Officials in St. Louis County.   DRAFT - ST. LOUIS COUNTY CODE OF CONDUCT - DRAFT Draft Presented 10/10/07 STATEMENT OF PURPOSE Professional behavior demonstrates to the public and all public servants that it matters how we do business each day. It is a public commitment to doing our work in a professional, respectful and lawful way. Each public servant is expected to assume personal responsibility for ensuring that his/her conduct is appropriate and legal. This code of conduct establishes standards for professional behavior in St. Louis County. It applies to all employees of St. Louis County. A Public Servant refers to any person who is acting in an official capacity for St. Louis County, including elected officials, employees and volunteers. 13.01. Policy and Purpose. It is imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to the public as well as to the persons acting in public service. The proper operation of a democratic government requires that public officials be independent, impartial, and responsible to the people. Governmental decisions and policies must be made in the proper channels of the governmental structure. Public office may not be used for personal gain. Citizens must have confidence in the integrity of their government officials. In recognition of these goals, there is hereby established a Code of Ethics for elected or appointed public officials, citizens volunteers, and candidates for public office. The purpose of this Code is to establish ethical standards of conduct for such persons by establishing acts which are incompatible with the City's best interests and requiring disclosure of private or financial interests in matters involving the City. The provisions and purposes of this Code are declared to be in the best interests of the City of Rochester. Heading No Heading STANDARDS OF CONDUCT Responsibilities of Public Office Standards of Conduct. Performance of Duties 1. Respect (definition : Oxford University Press) 1 a feeling of admiration for someone because of their qualities or achievements.  2 due regard for the feelings or rights of others 3 (respects) polite greetings.  4 a particular aspect, point or detail point or detail.  > verb 1 feel or have respect for. 2 avoid harming or interfering with. 3 agree to recognize and abide by. 1. . Respect Respect, trustworthiness and fairness serve the public good by ensuring that our citizens can trust who we are and what we do as public servants. Each public servant is expected to model respect, trustworthiness and fairness in all county -related activities and relationships. 2. Performance of duties Public servants are expected to perform their duties in a timely and professional manner, including compliance with established work rules.   3.02. Responsibilities of Public Office. Public officials hold office on behalf of the public. They are bound to uphold the Constitution of the United States and the Constitution of the State of Minnesota. Public officials must carry out impartially the laws of the nation, state, and city in fostering respect for all government. They are bound in their official acts the highest standards of morality and to discharge faithfully the duties of their office. Public officials shall be dedicated to fulfilling their responsibilities of office. They shall be dedicated to the public purpose and all programs developed by them shall be in the community interest. Public officials shall not exceed their authority or breach the law or ask others to do so. They shall work in full cooperation with other public officials and employees unless prohibited from doing so by law. The definition of a word is specific to the use of that word.  As we have seen even at the highest levels of government, sometimes it is necessary to define words.  Sometimes one even must ask what the meaning of the word "is" is.  However it seems unneeded to define every word.   Some words that might be interesting to define would be Accountability and transparency. It would seem important to use the definition of respect that applies to public service in this context, if one wishes to require it of the signatories of a document.Performance of Duties In the Admin Code, the specific work rules for Commissioners should be spelled out if they exist, along with the expected duties.  Even just referencing them so that they were very specific and clear.  If this is clearly covered in another document perhaps it could be referred to. Health and Safety Not Addressed in "Nelson Code" 3. Health and Safety St. Louis County strives to provide a safe working environment for public servants and customers. Public servants are expected to work together to provide a safe workplace by participating in all mandatory safety training, complying with safe work practices and with all applicable federal, state and county policies, laws and regulations. Unsafe conditions and behaviors shall be reported to supervisors and to the Employee Safety and Risk Management Division. Who do County Commissioners report unsafe conditions or bahaviors to?  Probably to Employee Safety and Risk Management Division like Employees do.   Since County Commissioners are not employees they should always be specificly referred to in another category so as to clearly define them from employees. Protection of County Property Not Addressed in "Nelson Code" 4. Protection of County Property (See CountyBoard Resolution #343, 2000 (St. Louis County Computer Policy) St. Louis County public servants are public stewards of all County property. Public servants are responsible for safeguarding County property against waste, theft, loss or misuse. Unauthorized use of County property for personal benefit is not allowed. Occasional personal use of telephones, emails, facsimiles, computer software or Internet access will not violate the values expressed in this document. 13.45 Use of City Property. Subdivision 1. A city employee shall not use or allow the use of city time, supplies or city-owned or leased property and equipment for the employee's private interests or any other use not in the city's interest, except as provided by law. Subd. 2. A city employee may use city time, property or equipment to communicate electronically with other persons including, but not limited to, elected officials, the employer, or an exclusive bargaining representative under Minn. Stat. Chapter 179A, provided this use, including the value of the time spent, results in no incremental costs to the city or results in an incremental cost that is so small as to make accounting for it unreasonable or administratively impracticable. Protection of County Property Since the county regularly supplies Commissioners with expensive equipment, what financial burden does a commissioner have for this equipment, if any. What is the definition of occasional?  Would  personal use include politically related use or advocacy of issues that are not part of the formal lobbying agenda of the county? Creating County Records Not Addressed in "Nelson Code" 5. Creating County Records Honesty and accuracy in creating County records positively reflects our work as St. Louis County public servants and reflects high professional standards for all members of the public. It is important that all County records and financial information be reported honestly, completely and accurately. Intentional misrepresentation of information on internal reports or memorandums, as well as external correspondence, is prohibited Creating County Records When Commissioners speak publicly, are they also expected to be onest, complete and accurate?   To not intentionally misrepresent information? Public and Non Public Data Not Addressed in "Nelson Code" 6. Public and Not-Public Data Information and business data collected in the course of County operations is crucial to providing satisfactory services. The public expects that this information will be properly handled. Public servants must safeguard not-public information against improper disclosure, both inside and outside of the work place. Disclosure of not-public information is prohibited. A public servant's obligation to properly handle not-public information continues after public service ends. Any question regarding the classification of information as public or not-public shall be addressed to supervisors or the data practices officer. Public and Not-Public Data What is the specific proceedure for fulfillment of data requests.  Should commissioners individually release public data or should that be the responsibility of the Auditor? What are the guidelines for such information dispensing? When information is accidentally lost, as in the case of a laptop, resulting in disclosure of non public data, is the commissioner held responsible and in what way?  This has recently happened in many governmental organizations.  What is the personal liability of a commissioner? Political Participation 2.Political Participation (See Minnesota Statute 383C.05 Political activity) Elected Officials shall not use county funds, equipment, supplies, employees or facilities in support of candidates or political organizations 7. Political Participation  (See Minnesota Statute 383C.05 Political activity) St. Louis County encourages its employees, as individuals, to take an active interest in local, state and national government. Such involvement is voluntary, and must take place on the public servant’s own time. Public servants shall not use county funds, time, equipment, supplies or facilities in support of candidates or political organizations. Political Participation at groups are authorized by the county for reimbursable involvement? Have claims been made against the county coffers for involvement by commissioners that are not those which are a part of their jobs? Conflicts of Interest Disclosure of business and property  / changes in interest 3.Conflicts of Interest (See County Board Resolution #104, February, 20, 2007 for current  policy.) Preserving the integrity of County government is a key concern of all Elected Officials.  Elected Officials must avoid any business, financial or other relationships. Where personal interests conflict or appear to conflict with the interest of the county. 8. Conflicts of Interest - (See County Board Resolution #104, February 20, 2007 for current policy). Preserving the integrity of County government should be a key concern of all employees. Conflicts of interest negatively impact public perception of the integrity of County government. Public servants must avoid any business, financial or other relationships where personal interests conflict or appear to conflict with the interests of the county. 13.04. Conflict of Interest. Subd. 1. No person covered by this Code shall knowingly engage in any conflict of interest, or knowingly engage in any business or transaction, or shall have a direct or indirect financial or other personal interest which is incompatible with the proper discharge of the person's official duties or would tend to impair the person's independent judgment or action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. For purposes of this section, "financial interest" shall mean a substantial financial interest through the ownership of stocks, bonds, notes, or other securities. Subd. 2. A conflict of interest shall include, but shall not be necessarily limited to, the following: (a) Holding a private or other public position in addition to the person's primary public position which interferes or may interfere with the proper discharge of the public duty. (b) Use of confidential information, obtained as a result of public position, for personal gain. (c) Soliciting of personal gifts and favors. (d) Use of official position for personal gain. (e) Holding investments which will or may interfere with the proper discharge of public duty. (f) Representation for profit of private interests before City governmental agencies. (g) Participation as a public representative in a business transaction in which the person has a direct or indirect financial or other personal interest without full disclosure. (h) Personal interest in legislation to the extent that private interest takes precedence over public interest and duty. Subd. 3. Notwithstanding any provision of this chapter to the contrary, no person subject to this chapter shall directly or indirectly solicit any gift or accept or receive any gift of substance whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward of any official action on his or her part. Conflicts of Interest Are the financial relationships of the Commissioners Public Data? For instance, land purchases? Drug and Alcohol Free Workplace 4. Drug and Alcohol-Free Workplace (See County Board Resolution #512, June 13, 1989 for current policy) Preserving the safety of employees and setting a good example for the public is an Important goal for St. Louis County Elected Officials.  Elected Officials shall comply with all federal  and state laws, as well as county policy. 9. Drug and Alcohol-Free Workplace - (See County Board Resolution #512, June 13, 1989 for current policy) Preserving the safety of public servants and setting a good example for the public is an important goal for St. Louis County public servants. While at work, public servants shall comply with all federal and state laws, as well as county policy, regarding the use of alcohol and drugs. The trust and confidence of our customers as well as the safety of our public servants depends on a workplace free from the effects of substance abuse. Public servants are expected to report to work fit for duty and free from the effects of substance abuse. Drug and Alcohol-Free Workplace Does this rule apply to out of town and evening activities that are conducted as a part of the Commissioners duties ? Can a Commissioner get drink while at a dinner gathering of coworkers?  Of work related matters? What if a Commissioner gets drunk at such functions or is found to be drunk while driving to or from a work related activity? Some commissioners have stated that they are "always at work" Discrimination, Harassment and Retaliation 5.Discrimination, Harassment, Retaliation, & Workplace Violence (See County Board Resolution #494, October 4, 2005 for current policy) All St. Louis County Elected Officials have a responsibility to conduct themselvesIn a manner that contributes to a safe, accepting and supportive workplace environment.    Violence in the workplace, in any form, will not be tolerated.  It can be physical, psychological or behavioral.  It is the intent of the code of conduct to ensure that everyone associated with St. Louis County, including elected officials, employees, customers, contractors and visitors are not threatened by any actions or conduct. 10. Discrimination, Harassment, and Retaliation - (SeeCounty Board Resolution #494, October 4, 2005 for current policy All St. Louis County public servants have a responsibility to conduct themselves in a manner that contributes to a safe, accepting and supportive workplace environment. The County is committed to ensuring that no employee feels endangered or unreasonably uncomfortable in their workplace. Workplace Violence  From Part 6.  Violence in the workplace, in any form, will not be tolerated.  It can be physical, psychological or behavioral.It is the intent of the code of conduct to ensure that everyone associated with St. Louis County, including elected officials, employees, customers, contractors and visitors are not threatened by any actions or conduct. 11. Workplace Violence Violence in the workplace, in any form, will not be tolerated. It can be physical, psychological or behavioral. A. Examples of workplace violence include: _ Physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing weapons, and threatening or talking of engaging in those activities. _ Any persistent verbal or physical act that a reasonable person would find threatening, intimidating, humiliating, hostile or offensive. Bullying includes, but is not limited to, derogatory remarks, insults or epithets, malicious gossiping, physical conduct that a reasonable person would find threatening, intimidating or humiliating, or the intentional sabotage or undermining of a public servant’s work performance. _ Group behavior directed against a public servant(s), that produces repeated health-harming mistreatment to the targeted public servant(s). It is the intent of this code of conduct to ensure that everyone associated with St. Louis County, including public servants, customers, contractors and visitors are not threatened by any public servant’s actions or conduct. Public servants are not expected to tolerate such behavior from the public. Workplace Violence The Nelson and Admin ones are similar, Admin has examples, Nelson rewords and it is a little unclear who is the focus of the code Many of the types of behavior in the  "Admin" code have been the subject of recent court cases where large settlements have been obtained.   Such language is needed to protect the County and it's taxpayers from liability for Commissioner's Actions. Heading Response Response Education 6. Educational Programs As part of its commitment to maintaining these standards of conduct, the county has established a menu of training programs for all Elected Officials and employees related to The County Code of Conduct.  Each Elected Official is encouraged to attend one or eternal Code of Conduct training per year.    ST. LOUIS COUNTY RESOURCES AND RESPONSES FOR CODE OF CONDUCT 1. Education Programs As part of its commitment to maintaining these standards of conduct, the county has established a menu of training programs for all public servants related to the County Code of Conduct. Each public servant will be required to attend one internal or external Code of Conduct training per year. The County will designate in the Employee Development Catalog which courses meet employee requirements for mandated training. Education Programs The Admin code spells out what the County will do to using education to ensure that the county is providing a workplace that is proper.  Cost and content are appropriate to County business. In the "Admin" document the education is identified by the County and the Commissioner must attend a County Educational program. The Commissioner may NOT decide to take his code of conduct training at a retreat in Hawaii. The "Nelson" plan would leave the door open to such courses being taken at distant locals.  Certainly not something those who value fiscal conservancy would support. New Employees and refresher Training on Code Not Addressed in "Nelson Code" Annual education is optional and can be off site (distant locale) 2. New Employee and Annual Refresher Training on the Code of Conduct Code of Conduct training will be included as part of new employee orientation. Thereafter, supervisors shall review the Code of Conduct with staff on an annual basis. New Commissioner and Annual Refresher Training on the Code of Conduct The kind of specific considerations in the "Admin" Code represent a carefully thought out plan.   In the case of Commissioners, the Admin plan should address Commissioners Orientation and review of code with Administrator, Attorney and Human Resources Dept.   Such an update would be very valuable in terms of citing recent changes in law, new rules in various compliance agencies and specific concerns within St. Louis County. Employee Assistance Program Not Addressed in "Nelson Code" 3. Employee Assistance Program The County provides an employee assistance program (EAP) for all full-time and part-time employees. This EAP offers services to these employees and their eligible dependents. You are encouraged to use the EAP whenever you feel it will be of assistance to you. The EAP is a confidential service to be used when you need help. Policies and procedures for accessing the EAP are located online in Chapter 8 of the St. Louis County Policy Manual. IS EAP available to Commissioners?  These services are generally provided at employer expense.   In that Commissioners are not Employees, do they still have access to EAP? Reporting Process 7. Reporting Suspected Violations No process outlined 4. Reporting Suspected Violations If an employee is concerned with actions that violate the Code of Conduct, he/she shall discuss the situation with the supervisor, who may refer it to the affirmative action officer. If an employee is dissatisfied with the supervisor’s response, the employee may discuss this with someone at a higher level in management. Reporting Suspected Violations In the "Nelson" code there is no reporting process outlined. Response to Complaint Upon receipt of complaint against an Elected Official, the Chair of the County Board shall as soon as practical convene a meeting with the Chief Administrator and Affirmative Action Officer to review the complaint and determine a course of action in response to the Complaint. If a manager or supervisor is found to have allowed conduct which violates this policy, it will be addressed in his/her performance evaluation. Upon receipt of a complaint against an elected official, the Chair of the County Board shall as soon as practicable convene a meeting of a special Ethics Committee, comprised of the Chair of the County Board, the County Auditor and the County Sheriff. The County Attorney and Affirmative Action Officer shall serve as advisors to the Committee, and the Vice Chair of the County Board shall serve as an alternate member of the Committee and, if the complaint was filed against any member of the Ethics Committee, shall replace that member on the Committee. The Ethics Committee shall oversee the investigation of the complaint, including, as deemed necessary, the hiring of an outside, neutral person experienced in employment law to conduct that investigation. On conclusion of the investigation, the Chair of the Ethics Committee must report the Committee’s findings and make a recommendation to the County Board as appropriate. 13.06. Enforcement. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. The City Administrator shall monitor compliance with this chapter and shall report all suspected violations to the City Attorney. If the City Attorney or a member of the City Attorney's office is suspected of having violated this chapter, the Common Council shall employ special counsel to review the complaint and, if warranted, prosecute the action on behalf of the City. Response to Complaint it says as soon as is "Practical"   what is the maximum time?  Two months?  Three Weeks? Two years? Who is the "Chief Administrator"   What will the guide be to determine a course of action? It seems critical that the County  demonstrate it's clearly defined policy as to it's response when an accusation is made against a commissioner.   An employee of the County must know what is going to happen.  They are aware of the gap in accountability, and therefore the actions of Commissioners are amplified and could be more frightening that if they were covered.  Someone being treated inappropriately needs to know precisely what will happen if they complain.  If a case goes to court, the county will be found liable unless it is very clear about how these things are to be handled and spells it out. The "Admin" plan makes use of an Ethics commitee but it leaves final responsiblity in the hands of the board.   The County Board takes the input of the Ethics Committee.   The County Board still remains in charge of the ultimiate decision about how they will respond.  The resulting data should preserved and available to the courts. Section Title Consequences Consequences Consequences Stat. 375 gives the Board power to set up it’s own rules and regulations in response to a complaint on a case-by-case basis with the advice of its Affirmative Action Officer and Administrator as the Data Practices Officer. Any public servant who violates this Code of Conduct will be subject to disciplinary action designed to bring the public servant’s conduct into conformity with this code. In the case of a complaint filed against an elected official, the County Board must either adopt the report of the Ethics Committee or direct the Ethics Committee to appoint a review panel. If the County Board adopts the report of the Ethics Committee, the elected official against whom the complaint was filed may also request the appointment of a review panel. The review panel must consist of five members selected from different geographical areas of the county, representing five separate commissioner districts, and selected based on knowledge of employment law and regulations, standards of workplace conduct, investigation, and impartiality. No member of this review panel may be a local official or county employee or his or her close relative, a candidate for elected public office, or otherwise subject to any significant conflict of interest. The review panel shall consider the report of the Ethics Committee, the results of the investigation, and any other relevant information and make its recommendation to the County Board as soon as practicable. Violations of law or regulation will be referred to the appropriate law enforcement or regulatory agency for investigation If a manager or supervisor is found to have allowed conduct which violates this policy, it will be addressed in his/her performance evaluation. Enforcement. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. The "Nelson" code does not address possible consequences, or the means to determining  a recommendation to the board regarding these, only restates the response to complaint heading again. Attorney Ford offers Commentary : Click Here To Listen Attorney Ford States : The consequences of  violating this code of conduct fall woefully short of what the law requires of us.  We can't set up rules and regulations on a case by case basis we have to have a clear policy that's followed consistantly in order to pass pass the muster of the Human Rights Commission or the EEOC the federal or state laws, can't just respond on a case by case basis The City of Rochester MN has a very good set of teeth. Again in the "Admin" plan the ultimate authority regarding the County's Board response to a code violation will be in board hands.   However in the "Admin" plan, violations are required to be reported to the appropriate law enforcement or regulatory agency. Policy and Statutes Referred to above 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 15.8 ST. LOUIS COUNTY BOARD POLICIES MANAGEMENT INFORMATION SYSTEMS CHAPTER 15 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 15.9 ST. LOUIS COUNTY BOARD POLICIES MANAGEMENT INFORMATION SYSTEMS CHAPTER 15 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 15.10 ST. LOUIS COUNTY BOARD POLICIES MANAGEMENT INFORMATION SYSTEMS CHAPTER 15 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 6.1 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 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 6.2 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 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 6.3 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 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. 6.4 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 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 6.5 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 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. 6.6 ST. LOUIS COUNTY BOARD POLICIES DRUG AND ALCOHOL CHAPTER 6 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.   St. Louis County Government St. Louis County Board Policy State Auditor's Management and Compliance Report, 2006 Minnesota Statute : St. Louis County Minnesota Statute : Counties St. Louis County Board Policy Manual Draft Code of Conduct Resolution to Create Code of Conduct for St. Louis County Elected Officials Other Counties : examples of Policy and Issues Polk County Sexual Harassment Policy - an Example of a policy that applies to Commissioner City of Duluth Human Right Commission Supports Code of Conduct for County Commissioners State Of Minnesota State Government Link @ Duluth Public Library Related Materials Including Code of Conduct Code of Conduct Draft Code of Conduct Cover Memo Resolution by St. Louis County Board / Code of Conduct Hennepin County Diversity Policy Carver County Policy Polk County Sexual Harassment Policy Hennepin County Resolution Complaint Process County Board Workshop Time / Place Change Memo Scott County Policy Itasca County Policy Media : Minnesota Newspapers Television Coverage Almanac North : 728-0070   Email : AlmanacNorth@wdse.org Interesting reading http://www.greens.org/colorado/voting/prop006_06.html