Current through Register Vol. 49, No. 6, March 15, 2024
(1) Each member of the commission and all of
its employees are directed to read and comply with this rule and with Executive
Order 92-04 dated January 31, 1992 following, which sets forth a standard of
conduct for appointed officials and state employees. The commission shall be
responsible for the enforcement of applicable statutes, the provisions of the
Executive Order and this rule by the suspension or discharge of employees
violating the same.
(2) All
companies, corporations or individuals and any representative subject to the
jurisdiction of the commission shall be prohibited from offering and all
members and employees of the commission shall not accept, directly or
indirectly, any gifts, meals, gratuities, goods, services or travel, regardless
of value, except meals to a commissioner or an employee of the commission when
given in connection with a speaking engagement or when the individual is a
guest at a conference, convention or association meeting.
(3) All companies, corporations or
individuals and any representative subject to the jurisdiction of this
commission, and the members and employees of the commission shall immediately
file with the chairman and each member of the commission, from and after March
18, 1976, report of any direct or indirect gratuities, meals, services, gifts
or travel given or received and the identity and value of same and the purpose
for which given or received, which is not permitted by this rule.
EXECUTIVE ORDER
92-04
WHEREAS, public confidence in the integrity of the government
of the State of Missouri is of utmost importance; and
WHEREAS, the executive branch of state government must
discharge its duties in an independent and impartial manner; and
WHEREAS, executive branch employees must treat the public and
fellow employees with respect, courtesy, and dignity, and provide equal access
to services for all members of the public; and
WHEREAS, executive branch employees' conduct not only must be
within the letter of the law but must seek to fulfill the spirit and intent of
the law; and
WHEREAS, executive branch employees must provide a full
day's work for a full day's pay, giving to the performance of their duties
their earnest effort and best thought; and
WHEREAS, executive branch employees must demonstrate the
highest standards of personal integrity and honesty and must not realize undue
personal gain from the performance of any official duties; and
WHEREAS, executive branch employees are responsible for
enhancing the mission of their agencies; and
WHEREAS, a clear statement of the code of conduct which
guides the executive branch is both an assurance to the citizens of Missouri
and an aid to our steadfast efforts;
NOW, THEREFORE, I, JOHN ASH-CROFT, GOVERNOR OF THE STATE OF
MISSOURI, UNDER THE AUTHORITY VESTED IN ME UNDER THE CONSTITUTION AND THE LAWS
OF THIS STATE, INCLUDING THE PROVISIONS OF SECTION
105.969
RSMO CUM. SUPP. 1992, DO HEREBY SET FORTH A CODE OF CONDUCT FOR EXECUTIVE
BRANCH EMPLOYEES OF MISSOURI STATE GOVERNMENT (EXCEPTING THE EMPLOYEES OF THOSE
ELECTED OFFICIALS WHO ARE TO ESTABLISH AN INTERNAL CODE OF CONDUCT FOR THEIR
OFFICES):
CODE OF CONDUCT
1.
Executive branch employees shall conduct the business of state government in a
manner which inspires public confidence and trust.
A. Employees shall avoid any interest or
activity which improperly influences, or gives the appearance of improperly
influencing, the conduct of their official duties.
B. Employees shall act impartially and
neither dispense nor accept special favors or privileges which might be
construed to improperly influence the performance of their official
duties.
C. Employees shall not
allow political participation or affiliation to improperly influence the
performance of their duties to the public.
D. Employees shall not engage in business
with state government, hold financial interests, or engage in outside
employment when such actions are inconsistent with the conscientious
performance of their official duties.
E. Employees shall not use or improperly
possess an illegal controlled substance or alcohol in the workplace or during
working hours.
F. Employees of the
State are expected to comply with the statutes of Missouri at all
times.
2. Executive
branch employees shall conduct themselves in scrupulous compliance with
applicable federal, state and local law.
A.
Employees shall observe all conflict of interest provisions in law applicable
to their agencies and positions of employment.
B. Employees shall adhere to all laws
providing equal opportunity to all citizens.
C. Employees shall perform their
responsibilities as they are specified in law or other authority establishing
those responsibilities.
3. Financial compensation of state employment
consists of only authorized salaries and fringe benefits.
A. Employees shall not use their public
positions in a manner designed to create personal gain.
B. Employees shall not disclose confidential
information gained by reason of their public positions, nor shall employees use
such information for personal gain or benefit.
C. Employees shall not directly or indirectly
attempt to influence agency decisions in matters relating to prospective
employers with whom employment has been accepted or is being
negotiated.
4. Executive
branch employees owe the public the diligent application of their knowledge,
skills and abilities for which they are compensated.
A. Employees shall not perform outside
employment or other activities not appropriate during hours compensated for
state employment and will use leave and other benefits provided by the State
only for the purposes intended.
B.
Employees shall carry out all lawful instructions of designated supervisors,
and will report instructions not consistent with law to the proper
authorities.
5.
Equipment, material and supplies purchased with public funds are intended for
the performance of public purposes only.
A.
Employees shall use and maintain state equipment, materials and supplies in an
efficient manner which will conserve future usefulness.
B. Employees shall use state equipment,
materials and supplies solely for purposes related to the performance of state
business.
6. The work of
state government will be conducted with respect, concern and courtesy toward
clients, co-workers and the general public.
A. Employees shall approach their duties with
a positive attitude and constructively support open communication, dedication
and compassion.
B. Employees shall
conduct their duties with courtesy toward clients, co-workers, patients,
inmates and the general public, recognizing the diverse background,
characteristics and beliefs of all those with whom they conduct state
business.
C. Employees shall not
engage in any form of illegal harassment or discrimination in the workplace,
including on the basis of race, color, religion, national origin, ancestry,
sex, age or disability.
D.
Employees, in connection with the performance of their duties, shall not seek
sexual favors from a client, co-worker, patient, inmate or member of the
public.
7. This code
shall provide guidance to the officials and employees of the executive branch
of Missouri state government in matters of employment related conduct.
A. When questions arise in the application of
this code, the public interest will receive primary consideration in any
resolution.
B. This code is not
intended to fully prescribe the proper conduct of employees and the failure to
prohibit an employee action in this code does not constitute approval of the
action.
C. This code is intended as
a supplement to the provisions in law which govern employee conduct, and in no
instance does it decrease the requirements in law.
D. Agency heads are responsible for promoting
and enforcing this code of conduct among the employees of their agencies in
accordance with their respective agency procedures, and shall supplement it
with additional provisions to meet the needs of their agencies.
E. This code is intended to provide guidance
for employment related conduct and is not intended to create any right or
benefit enforceable by law.
F. No
state agency or appointing authority shall discharge, threaten or otherwise
retaliate against an employee for reporting in good faith any violation of this
code.
G. In applying this code to
specific situations, the standard to be used is that of a reasonable person
having knowledge of the pertinent circumstances.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to
be affixed the Great Seal of the State of Missouri, in the City of Jefferson,
this 31st day of January, 1992.
(Signature) ___________________________ GOVERNOR
ATTEST
(Signature) ___________________________ SECRETARY OF
STATE
*Original authority: 386.040, RSMo 1939.
