Gratuities

PURPOSE: The commission is obligated to promote the public interest and maintain public confidence in its integrity and impartiality. This rule prescribes measures to prohibit practices that possess a potential of wrongdoing. (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. AUTHORITY: section 386.040, RSMo 1986.* This rule originally filed as 4 CSR 240-4.010. Original rule filed May 2, 1973, effective June 1, 1973. Amended: Filed Nov. 7, 1984, effective Feb. 11, 1985. Moved to 20 CSR 4240-4.010, effective Aug. 28, 2019. *Original authority: 386.040, RSMo 1939. 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 ASHCROFT, 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) ___________________________