Mo. Code Regs. Ann. tit. 20, § 10-3.900
PURPOSE: This rule regulates the internal affairs of the Department of Insurance by referencing appropriate executive orders.
(1) The rules in this chapter are supplemented by the following orders:
(A) 92-04; and
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 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 AUTHORI- TY VESTED IN ME UNDER THE CON- STITUTION 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.
or activity which improperly influences, or gives the appearance of improperly influencing, the conduct of their official duties.
and neither dispense nor accept special favors or privileges which might be construed to improperly influence the performance of their official duties.
participation or affiliation to improperly influence the performance of their duties to the public.
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.
improperly possess an illegal controlled substance or alcohol in the workplace or during working hours.
ed to comply with the statutes of Missouri at all times.
conduct themselves in scrupulous compliance with applicable federal, state and local law.
flict of interest provisions in law applicable to their agencies and positions of employment.
providing equal opportunity to all citizens.
responsibilities as they are specified in law or other authority establishing those responsibilities.
employees consists of only authorized salaries and fringe benefits.
lic positions in a manner designed to create personal gain.
dential information gained by reason of their public positions, nor shall employees use such information for personal gain or benefit.
indirectly attempt to influence agency decisions in matters relating to prospective employers with whom employment has been accepted or is being negotiated.
public the diligent application of their knowledge, skills and abilities for which they are compensated.
ful instructions of designated supervisors, and will report instructions not consistent with law to the proper authorities.
purchased with public funds are intended for the performance of public purposes only.
state equipment, materials and supplies in an efficient manner which will conserve future usefulness.
ment, materials and supplies solely for purpose related to the performance of state business.
conducted with respect, concern and courtesy toward clients, co-workers and the general public.
duties with a positive attitude and constructively support open communication, dedication and compassion.
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.
form of illegal harassment or discrimination in the workplace, including on the basis of race, color, religion, national origin, ancestry, sex, age or disability.
performance of their duties, shall not seek sexual favors from a client, co-worker, patient, inmate or member of the public.
the officials and employees of the executive branch of Missouri state government in matters of employment related conduct.
cation of this code, the public interest will receive primary consideration in any resolution.
prescribe the proper conduct of employees and the failure to prohibit an employee action in this code does not constitute approval of the action.
ment to the provisions in law which govern employee conduct, and in no instance does it decrease the requirements in law.
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.
guidance for employment related conduct and is not intended to create any right or benefit enforceable by law.
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)_________________________ JOHN ASHCROFT GOVERNOR ATTEST (Signature)_________________________ ROY D. BLUNT SECRETARY OF STATE (B) 81-2. EXECUTIVE ORDER 81-2 By virtue of the authority vested in me by the Constitution and laws of the State of Missouri, I, John Ashcroft, Governor of Missouri, do hereby proclaim the following Standard of Conduct for appointed officials and for state employees: WHEREAS, government is based upon the consent of those governed; and WHEREAS, every citizen of the State of Missouri must have complete confidence in the integrity of his or her government; and WHEREAS, conduct of state employees and state officials should be in accordance with the highest standards; and WHEREAS, the Governor is the Chief Executive Officer of the State of Missouri and is therefore responsible for establishing standards of conduct for appointed officials and State employees. NOW THEREFORE, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, I, John Ashcroft, Governor of Missouri, do hereby proclaim the following Standards of Conduct for appointed officials and for employees of the executive branch of the government of the State of Missouri, and further proclaim that this Order shall supersede and be in lieu of all previous Executive Orders pertaining to the same subject: (1) All appointed officials and State employees shall be required to perform a full day’s work for a day’s pay. (2) Unless expressly provided for by constitutional provisions or statute, membership in a political organization, participation in political campaigns, payment of dues or contributions to a political organization or candidate and attendance at political events shall not be a condition of appointment or employment. (3) Political affiliation of any individual shall not be a condition for any State department or agency in determining what individual, firm, or corporation may do business with the State. (4) No appointed official or state employee shall engage directly or indirectly in any personal business, transaction, or private arrangement for personal profit which accrues from or is based upon their official position or authority, nor shall any confidential information coming to them in their official capacity be utilized for any personal gain or for the benefit of any private interest. No appointed official shall represent to act as agent for any private interest whether for compensation or not in any transaction in which the State has a direct and substantial interest and which could be reasonably expected to result in a conflict between a private interest of the official and their official State responsibility. 20 CSR 10-3 (5) No appointed official or State employee shall directly or indirectly solicit, accept, or agree to accept any gift of money or goods, loans or services, or other profit arrangement for personal benefit under any circumstances which would tend to influence or have the appearance of influencing the manner in which they perform their official duties. (6) No appointed official or State employee shall engage in or accept private employment or render services for private interest when such employment or service is incompatible or in conflict with the proper discharge of their official duties or would tend to impair their independence, judgment, or action in the performance of their official duties. All merit system employees shall fully comply with the rules and regulations of the Personnel Advisory Board regarding supplementary employment. (7) State employees shall report any known violations or attempted violations of Section 105.450 through 105.482, RSMo (1986) (relating to the conflicts of interest) and Chapter 558, RSMo (1986) (relating to bribery) within twenty-four (24) hours of when any occurrences are first known (a) to the prosecuting attorney of the county in which they reside, and (b) to their department or agency head. (8) The head of each department is responsible for the enforcement by suspension or discharge of each provision in paragraphs one (1) through seven (7) above within that department. (9) The head of each department is responsible for reporting directly to the Governor, within twenty-four (24) hours of when the facts are first known to them: (a) any violation of paragraphs one (1) through six (6) above, and (b) any alleged criminal violation (other than traffic) of any employee in their agency or department. 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 on the 10th day of February, 1981. AUTHORITY: section 374.045, RSMo (1986). Original rule filed March 3, 1992, effective Aug. 6, 1992.