ORDER NO. 20899 ACCEPTANCE OF PROPOSAL TO UP-DATE KERR COUNTY PERSONNEL CLASSIFICATIONS, PERSONNEL MANUAL On this the 27th day of April 1992, upon motion made by Commissioner Holekamp, seconded by Commissioner Oehler, the Court UNANIMvUSLY APPROVED BY A VOTE OF 4-0-0, to accept the proposal for up-date on personnel classification; personnel manual, etc. to Allison and Associates, said award not to exceed $5,300.00, and partial information to be available July 15, 1992 COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Glenn K. Holekamo MEETING DATE: April 27, 1992 OFFICE: Commissioners' Court TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Award nroposal for recommendations to up-date Kerr County Personnel Classifications, personnel mannual etc. EXECUTIVE SESSION REQUESTED: YES NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: ~nmmiasinner pmt. ll3 Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: - THIS REQUEST RECEIVED ON : ~~-=2 7 ~ S' 3~ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. RESPONSE TO REQUEST FOR PROPOSAL KERR COUNTY PERSONNEL POLICY/MANUAL TO: COMMISSIONERS COURT OF KERB COUNTY, TEXAS RE: RESPONSE TO REQUEST FOR PROPOSAL FROM: ALLISON & ASSOCIATES 208 West 14th Street Austin, Texas 78')01 512/482-0701 512/480-0902 (Fax) Scope of Work: Evaluate existing personnel policy manual, current job classifications, job descriptions, and salary grades. Conduct analysis of work requirements of current and projected demands upon employees, assessment/redrafting of job descriptions, and preparation of revised policy manual, classifications, and salary grades. Projected expenditures of time/effort on Scope of Work: Evaluation of current and projected policies, classifications, descriptions, and salary grades: 8+ hours legal = $1,000.00 30 hours administration analysis = 51.500.00 $,2500.00 Preparation of Revised Personnel Manual: 16+ hours legal = $2,000.00 Legal/Professional fees (fixed fee): _ $4,500.00 Estimated Expenses: Travel = $ 210.00 Long Distance Telephone/Fax = $ 250.00 Photocopies = $ 100.00 Postage = $ 90.00 Miscellaneous = $ 150.00 Estimated Expenses: _ $ 800.00 Total Fixed Fee Contract + Estimated Expenses: _ $5,300.00* Total cost will be Fixed Fee, ($4,500.00) plus expenses actually incurred. Estimated total Fixed Fee + Expenses is for illustration purposes only, although estimated expenses are reasonably certain based upon our prior experience with similar projects. ACCEPTANCE OF PROPOSAL Accepted proposal by Allison & Associates, Attorneys at Law, this 27th day of April, 1992. Subject to Court Order No. 20899 ~- ~~~~~~ W.G.STACY COUNTY JUDGE R. CORDON MORGAN COMMISSIONER PCT. # 1~.~ GLENN K. HOLEKAMP COMMISSIONER PCT. #3 T.H. "BUT. H" LACKEY -~ COMMISSIONER PCT-. # Aw i., ~ /~ ~, BRUCE OEHLER COMMISSIONER PCT. #4 REQUEST FOR PROPOSAL Kerr County, Texas, is seeking proposals from qualified firms or individuals to make recommendations for up dating their Personnel Classifications (including job descriptions), salaries, and Personnel Policies and related matters. A copy of the Classifications, Salaries and Personnel Policies that are presently in place may be viewed in the County Judge's Office or the County Clerk's Office. Proposals and questions should be submitted to Glenn K. Holekamp, Commissioner Precinct #3, Kerr County Courthouse, 700 Main, Kerrville, Texas 78028, (512-257- 2617). -Closing Date for receipt of Proposals-April, 13, 1992 -Award Date-April 27, 1992 All proposals shall include a resume or statement of qualifications, with references. KERB COUNTY PERSONNEL POLICIES 1.00 INTRODUCTION 1.01 ABOUT THE Kerr County's governmental organization is established by the Cfll1NTY Constitution of the State of Texas and by State statutes. Its operations are governed by state and federal law and by actions of the commissioners court. The Commissioners Court is the administrative head of county government. The county budget and taxes are within their area of responsibility. The court consists of four county commissioners, each elected by the voters of a commissioner's precinct, and the county judge, elected by all of the voters of tfie county. The other elected officials of Kerr County also have statutory and constitutional duties and responsibilities. With the exception of fiscal matters, each official exercises their responsibilities independent of the Commissioners Court. The efficient administration of county government, therefore, rests upon the ability of the various officials and department heads to work as a team in resolving problems and planning for the future. Under the direction of the various elected officials and their department heads, Kerr County employees provide important services to the public which include, but are not limited to: maintaining property records, preserving law and order, operating the jail, constructing and maintaining roads, operation recreational areas, assisting farmers and homemakers, planning for the efficient operation of the county government. In addition, county employees are involved in conducting elections, assessing and collecting taxes, performing judicial functions in county and district courts, prosecuting law breakers, providing legal advice to county officials, and managing county finances. 1 .02 PURPOSE These policies set forth the primary rules governing employment with the county. The policies contained herein inform employees of the benefits and obligations of employment with the county. They have been prepared and adopted in order to promote consistent, equitable, and effective practices by both employees and supervisors which will result in high quality public service. These policies do not constitute a contract and shall not be construed as a contract. 1.03 RESPONSIBILITY FOR Responsibility for personnel functions in Kerr County are divided IMPLEMENTATION OF among county offices as follows: PERSONNEL POLICIES ' Commissioners Court establishes county personnel policy as i relates to salaries, benefits, classification, and other matter related to compensation and budget. ' County Judae oversees general personnel policies; ' (,amply Personnel Officer maintains the official personnel records pertaining to time and attendance, leave, vacation, benefits, payroll, resignations, and unemployment. The county personnel officer is designated by court order. (See Exhibit A attached hereto) ' Elected Officials and Department Heads maintain all other personnel files on departmental employees and are responsible for administration of the personnel policies within their own departments or unit. 1.04 These policies are established by the commissioners court AUTHORITY and all amendments, revisions, or new policies must be approved by court order. Such action may be taken by the court without notice to any individual employee. It is the responsibility of each employee to check the posted agenda of the court to inform themselves of any proposed changes. 1.05 These personnel policies as they pertain to compensation and APPLICABILITY OF benefits, apply equally to all employees of the county unless a PERSONNEL POLICIES class of employees is specifically exempted. The General Policies contained in Chapter 2, however, are mandatory and are specifically applicable to all county officials, officers, and employees, exempt or otherwise. In cases where federal or state laws or regulations supersede local policy for specific groups of employees, such laws or regulations will substitute for these personnel policies only insofar as necessary to comply. Elected officials, their employees, and other officers are covered to the extent allowed by the laws governing their respective offices. Elected officials may elect to adopt these personnel policies in their entirety by notifying the County Judge, in writing, on the form provided in the Appendix as Exhibit B, (Adoption of County Personnel Policies). 2 1.06 The County Judge, County Clerk and the County Personnel Officer DISSEMINATION maintain complete sets of the personnel policies with all revisions OF PERSONNEL for reference by employees. The County Judge wilt also provide a POLICIES complete copy of this manual and copies of all subsequent revisions to each elected official and department head, who will make the updated manual available to employees. 1 .07 Employees are encouraged to make constructive suggestions for EMPLOYEE improvements in these policies or in work procedures or SUGC~S"PIONS conditions. Suggestions should be given to your supervisor or the appropriate elected official or department head. 3 2.00 GENERAL COUNTY POLICIES 2.01 All employees of the county are employees at will and, as such, are EMPLOYMENTAT WILL free to resign at any time without reason. The County and its officials, likewise, retain the right to terminate an employee's employment at any time, with or without reason and with or without prior notice. Nothing contained in this or any other document provided to the employee is intended to be, nor shall be, construed as a guarantee that employment or any benefit will be continued for any period of time. Any salary figures provided to an employee in annual or monthly terms are stated for the sake of convenience or to facilitate comparisons and are not intended and do not create an employment contract for any particular salary or benefit or for any specific period of time. NO ELECTED OFFICIAL, DEPARTMENT HEAD, OR SUPERVISOR HAS THE AUTHORITY TO ENTER INTO OR OTHERWISE CREATE A CONTRACT OF EMPLOYMENT OR ANY TERM THEREOF, BETWEEN KERB COUNTY AND AN EMPLOYEE OR OTHER PERSON. 2.02 No discrimination will be allowed against any person in job EQUAL EMPLOYMENT structuring, recruitment, examination, selection, appointment, OPPORTUNITY placement, training, upward mobility, discipline, or any other aspect of personnel administration based upon race, age, religion, color, disability, national origin, sex, or political affiliation or belief. Personnel decisions should be made only on the basis of occupational qualifications, skill, knowledge, education, experience, ability to perform a specific job, and other job- related factors. 2.03 It is the policy of Kerr County that all employees have a right to HARASSMENT work in an environment free of discrimination, which includes freedom from harassment -whether the harassment is based on sex, age, race, national origin, religion, sexual orientation, marital status, or membership in other protected groups. The County prohibits harassment of its employees in any form - by supervisors, co-workers, clients, or suppliers. Such conduct may result in disciplinary action up to and including dismissal, with or without prior notice, of the employee who harasses others. With respect to non-employees, offending clients and suppliers will be asked to leave and not to return. Often, such harassment is not intentional and although meant in jest, it may hurt feelings, strain working relationships, or otherwise adversely affect the "team" spirit. Such conduct is unprofessional and damages the public's confidence in us. Each employee who feels uncomfortable about the conduct of a supervisor or other employee should politely let the person know 4 that their statements or conduct are causing a problem. If it continues, the situation should be reported to your supervisor or elected official. By the same token, each of us needs to be aware that often a person who is offended will not speak up about these matters for fear of "making waves" or compounding the problem. Sensitivity to others feelings is fundamental to the team approach and is the true "first step" in preventing a difficult situation. You are adults and if confronted by another regarding statements or behavior that constitutes harassment, you need to consider that person's rights to be free from harassment and graciously modify your behavior. 2.04 An officer of the County will neither have financial interest in the CONFLICT OF INTEREST profits of any contract, service, or other work performed by the county nor personally profit directly or indirectly from any contract, purchase, sale, or service between the County and any person or company. An officer or employee may not: solicit or accept or agree to accept a financial benefit, other than from the county, that might reasonably tend to influence his or her performance of duties for the county or that he or she knows or should know is offered with intent to influence the employee's performance; 2. accept employment or compensation that might reasonably induce him or her to disclose confidential information acquired in the performance of official duties; 3. accept outside employment or compensation that might reasonably tend to impair independence of judgment in performance of duties for the county; 4. make any personal investment that mighT reasonably be expected to create a substantial conflict between the employee's private interest and duties for the county; or 5. solicit or accept or agree to accept a financial benefit from another person in exchange for having performed duties as a county employee in favor of that person. 2.05 Employees of the county are encouraged to vote and to exercise POLITICAL other prerogatives of citizenship consistent with state and federal ACTIVITY law and these policies. 5 A county employee may not: Use his or her official authority or influence to interfere with or affect the result of an election or nomination for office; or Directly or indirectly coerce, attempt to coerce, command, or advise a local or state officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for a political purpose. In addition, any county employee who is subject to the provisions of the federal Hatch Act may not be a candidate for elective office in a partisan election (a partisan election is an election in which candidates are to be nominated or elected to represent a party whose candidates for presidential electors received votes in the last preceding election at which presidential electors were selected). County officers and employees are subject to this additional Hatch Act restriction if their principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the federal government. County employees fund or to render whatsoever, and no in pay, or otherwise are not required to contribute to any political any political service to any person or party employee shall be removed, demoted, reduced mistreated for refusing to do so. 6 3.00 EMPLOYEE RESPONSIBILITIES 3.01 The county is a public tax-supported organization. Its employes GENERAL must adhere to high standards of public service that emphasize professionalism, courtesy, and avoidance of even the appearance of illegal or unethical conduct. Employees are required to carry out efficiently the work items assigned as their responsibility, to maintain good moral conduct, and to do their part in maintaining good relationships with the public, county officials, other government employees and officials, their supervisors, and their fellow employees. 3.02 Employees are to be punctual in reporting for work, keeping TIMELINESS appointments, and meeting schedules for completion of work. An employee who expects to be late for or absent from work must report the expected tardiness or absence and reason therefore, to his or her supervisor immediately unless emergency circumstances exist. In the latter event, employees are required to notify their supervisor as soon as reasonably possible. 3.03 Employees may not engage in any outside employment, activity, or OUTSIDE ACTIVITIES enterprise determined by the elected official or department head (1) to be inconsistent or incompatible with employment with the county or (2) to affect the employee's job performance adversely. In the sheriff's department, an employee must have the advance approval of the sheriff to engage in any outside employment including self-employment. 3.04 Employees will not accept gifts from contractors, vendors, or GIF75 other persons who have business dealings with the county. 7 4.00 WORK PERIOD AND TIME REPORTING 4.01 The official work period for most employees of the county, except ADMINISTRATIVE for sheriff's department and jail personnel, is a seven-day period WORKWEEK (WORK beginning at 5:01 p.m. on Friday and ending at 5:00 p.m. on the PERIOD) following Friday. Normal working hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. with one hour for lunch, for a total of 40 hours per workweek. A morning and an afternoon break of 15 minutes each is available to each employee, but this time does not accumulate if not taken. Each full time employee is paid on the basis of an eight hour day. Elected officials and department heads paid wholly or partially from county funds may make variances from the regular workday hours to serve the public better. For example, the Sheriff's department maintains 24 hour law enforcement and jail watch. Those employees work in shifts and are not subject to the "normal working hours" provisions. If such a change will reduce an employee's hours to less than 40 hours per week, the elected official shalt notify the County Treasurer within 10 days of the change. Full time employees who work less than a 40 hour week shall have their pay and benefits adjusted to reflect the actual hours worked and proper employment category. Employees are expected to report punctually for duty at the beginning of the assigned workday and to work the full workday established. When leaving the job during working hours, an employee must obtain permission from his or her supervisor, stating the reason for leaving, the destination, and expected time of return. Employees are expected to return to work as soon as their reason for leaving has been accomplished. 4.02 Each employee shall, on the forms provided by the County TIME REPORTING Personnel Officer, report the number of hours worked for each day that work was performed by them for the county as well as vacation, sick leave, and compensatory time taken. The completed form shall be turned in to the employee's direct supervisor, department head, or elected official, as may be required by the elected official. The elected official shall verify the accuracy of the report and, if correct, shall certify by signing the time record in the space provided and shall promptly forward the form(s) to the County Personnel Officer. ALL TIME RECORDS MUST BE SIGNED AND TURNED IN TO THE PERSONNEL OFFICER BEFORE THE EMPLOYEE MAY BE ISSUED THEIR PAY FOR THAT PERIOD. 8 5.00 HIRING PRACTICES 5.01 No discrimination will be allowed against any person in job EQUAL EMPLOYMENT structuring, recruitment, examination, selections, appointment, OPPORTUNITY placement, training, upward mobility, discipline, or any other aspect of personnel administration based upon race, age religion, color, qualified disability, national origin, sex, political affiliation or belief, or any other non-merit factor. Personnel decisions will be made only on the basis of occupational qualifications and job-related factors such as skill, knowledge, education, experience, and ability to perform a specific job. 5.02 The county will take affirmative action to see that applicants are AFFIRMATIVEACTION employed, and employees are treated during employment, without discrimination based upon race, age, religion, color, qualified disability, national origin, sex, political affiliation or belief, or any other non-merit factor. 5.03 ~ (a) Medical Exams: Knowledge of physical conditions and existing PHYSICAL STANDARDS health problems of employees is necessary so that reasonable accommodation may be made for individuals who are otherwise qualified to perform their duties, to avoid occupational injuries, and to ensure that it will be possible to differentiate any future job-related injuries from existing medical problems. For these reasons, all individuals who have completed his selection process and who have been offered a position with the county, shall submit to a physical examination as a condition of employment. The physical examination will be made by a physician of the county's choice and will be paid for by the county. The record of examination is confidential and shall be maintained in a separate medical fine. In no event shall a medical examination be required prior to an offer of employment. (b) Qualified Disabilities: No individual who satisfies the requisite experience, education, and other job-related requirements of a county employment position and who can perform the essential functions of the position, shall be denied the position due to a physical or mental handicap that substantially limits one or more of the major life activities of such individual. This section shall not, however, apply to any individual who falls within any of the exceptions to the Americans with Disabilities Act andfor the Regulations on the ADA as promulgated by the Equal Employment Opportunity Commission. 9 5.04 (a) Nepotism is the exercise of favoritism in employment, EMPLOYMENT OF appointments or other patronage toward a relative. The practice RELATIVES of nepotism in hiring personnel or awarding contracts is forbidden (NEPOTISM) by the county. (b) No county officer, elected or otherwise, may employ, appoint, or otherwise grant a profit for employment of an individual who is related within the second degree of affinity (marriage) or within the third degree by consanguinity (blood) to the officer so employing, appointing, or voting for or confirming such employment or appointment. (c) This section shall not prevent the employment, appointment, voting for, or confirmation of any person who shall have been continuously employed in any such office, position, clerkship, employment or duty for the following period prior to the election or appointment, as applicable, of the officer or member related to such employee in the prohibited degree: at least 30 day, if the officer is appointed; at least six months, if the officer is elected at an election other than the general election for state and county offices; at least one year, if the officer or member is elected at the general election for state and county officers. (d) The statutory degrees of relationship are shown in the following chart: DEGREES OF RELATIONSHIP 1st 2nd 3rd 4th Officer 8 spouse child grandchild great grandchild great,great grandparent parent sister/ brother nlece/nephew grand niece/ nephew grandparent aunt uncle lstcousin great-grendparent great aunVuncle great,great grandparent 10 (e) Spouses of relatives within the prohibited degrees of consanguinity or affinity are also with the prohibition. (f) Termination of a marriage by divorce or the death of a spouse terminates relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is treated as continuing to exist as long as a child of that marriage lives. (g) These provisions apply to individuals who are employed as independent contractors. 5.05 Persons under i6 years of age will not be employed in any full- AGE REQUIREMENTS time regular position. Persons under 18 years of age will not be hired in any hazardous occupation. Other age limitations will be only as required by state or federal law applicable to the county. 5.06 Vacancies on the county staff are filled on the basis of merit, VACANCIES whether by promotion or by initial appointment. Selections of the best qualified persons are made only on the basis of occupational qualifications and job-related factors such as skill, knowledge, education, experience, and ability to perform the specific job. 5.07 The county maintains a job (class) description which establishes QUALIFICATIONS the required knowledge, skills, and abilities for each staff position and the acceptable levels of experience and training for each. The job description sets forth the minimum acceptable qualifications to fill the position. 5.08 The county has four methods of recruiting and selecting persons to METHODS OF fill vacancies: (1) promotion from within; (2) lateral transfer RECRUITMENT from within; (3) public announcement and competitive AND SELECTION consideration of applications for employment; or (4) selection from a valid current eligibility list. Each elected official or department head determines the method of selection to be used in filling a vacancy. The requirements for a "valid current eligibility list" is satisfied by resumes or applications received in response to a previous public announcement for the position. 5.09 Public announcements of position openings at the county, for PUBLIC which there will be competitive consideration, are disseminated ANNOUNCEMENTS by the respective elected official or department head in the manner most appropriate for the particular position being filled. 11 5.10 Employees of the county will be notified by the appropriate elected CONSIDERATION OF official or department head of vacancies in the organization for CURREMEMPLOYEES which competitive applications will be accepted by posting such announcements in a central place and employees will be permitted to apply for positions for which they believe themselves to be qualified. 5.11 Each applicant for employment is required to submit a written APPLICATION FOR application and other pertinent information regarding training and EMPLOYMENT experience. The elected official or department head will make appropriate inquiries to verify experience, character, and suitability of applicants. 5.12 (a) Employees entering service with the county who have had PRIOR SERVICE prior service with the county may be considered for appointment WITH COUNTY above the customary entry salary level. A break in continuous service with the county forfeits any benefits, including seniority, accrued prior to the break. (b) For purposes of this section "continuous service" means any break in serv ice for a period of 365 days or longer. 5.13 (a) Each elected official is authorized to employ only AUTHORIZATION TO in accordance with the budget. Each prospective employee is HIRE charged with the knowledge of the authorization contained within the budget. (b) No prospective employee is authorized to perform any work for the county or draw any salary until the employee has been made an offer of employment by the appropriate elected official and has completed the following required documents and has filed ahem with the County Personnel Officer as may be designated by the Court: 1. Employee verification form; 2. IRS Form W-4; 3. Kerr County Medical Examination Form (showing employee is physically qualified for the position); 4. Insurance Application; 5. Retirement Application; and 6. Waiver of Confidentiality (TWCE Form CK•06). 12 6.00 TYPES OF EMPLOYMENT 6.01 CATEGORIES (a) Regular Full Time. A regular full-time employee is employed to hold an authorized position that involves, on the average, 40 work hours per week. (b) Regular Part Time. A regular part-time employee is ~~,~ employed to hold an authorized position that involves, on „ -~ the average, fewer than 40 work hours per week. He or - she is entitled to vacation and sick leave on a proportional ^~` r ` ~ ,basis; and-is aligible for retirement. if. wnrk_ more than '- `'~"A` ^ .~ = 9 ear; but is not eligible for insurance benefits unless otherwise provided by the Budget or other Order of the Commissioners' Court. (c) Tem op rare. A temporary employee is anon-regular employee hired to complete a specific project within a specified period of time. Temporary employees may be full time or part time. They are not entitled to the county's fringe benefits unless otherwise provided by the Budget or other Order of the Commissioners' Court. 6.02 Staff who are assigned to the county but who serve voluntarily or ASSIGNED STAFF are paid directly by another government or private organization are not employees of the county. Benefits are as specified in the individual's contract for services. As a condition of their assignment, such staff are governed by all terms of these policies not in conflict with their contract for services. 13 7.00 EMPLOYEE COMPENSATION AND ADVANCEMENT 7.01 Paychecks are issued on the fifteenth and the last day of each PAYDAYS month. If payday falls on Saturday or Sunday, the preceding Friday will be payday. If payday falls on a holiday, checks will be issued on the last working day preceding the holiday. 7.02 (a) Paychecks wilt not be issued other than on the days set out CHECK DELJVERY above. (b) The County Treasurer is responsible for the proper distribution of paychecks. .Checks may be released only to the individual responsible for their proper distribution within a department. (c) No pay advances or loans will be made to any employee for any reason. (d) No paycheck shall be issued to a person who is indebted to the county or the state. {e) An employee must bring any discrepancy in a paycheck (such as overpayment, underpayment, or incorrect payroll deductions) to the attention of the county treasurer within 30 days of issuance or before the end of the fiscal year, whichever date is earliest. 7.03 Deduction vi be made from each employee's pay for the PAYROLLDEDUCTIOI~I.S following: ` Federal income taxes; ` Social Security; ` Court ordered child support; ' Texas County and District Retirement System contributions (for regular full-time and covered part- time employees); and Any other deductions required by law. In accordance with policies and genera{ procedures approved by the commissioners court, deductions from an employee's pay m be authorized by the employee for: Group health/medical insurance for dependents; ' Group life insurance for dependents; and 14 Such other deductions as may be authorized by the commissioners court. 7.04 The Commissioners Court may provide authority for elected MERIT INCREASES officials and department heads to grant merit pay increases to employees. Each merit increase must be submitted to and approved by the commissioners court before it can take effect. Merit increases may be granted for exceptionally good and yi ~ _ consistent performance in the same position. They are not used to ~, recognize increased duties and responsibilities (amotion) and _- are granted without regard to cost-of-living factors or longevity. Merit increases recognize outstanding performance and therefore are accompanied by a performance evaluation of the employee, the results of which are one factor used in merit pay decisions. 7.05 A promotion is a change in the duty assignment of an employee PROMOTIONS from a position in one classification to a position in another classification in a higher pay group. A promotion recognizes advancement to a higher position requiring higher qualifications and involving greater responsibility. A promoted employee will receive a pay increase. 7.06 A demotion is a change in duty assignment of an employee from a DEMOTIONS position in one classification to a position in another classification in a lower pay group. An employee who is demoted will have his or her pay reduced. Demotions may be made for the purpose of voluntary assumption of a less responsible position; as a disciplinary measure, because of unsatisfactory performance in a higher position; or as a result of a reclassification of the employee's position. 7,07 An employee's pay for continued performance in the same position PAY REDUCTION FOR may be reduced as a disciplinary measure to a lower rate in the DISCIPLINARY REASONS pay group for that position or to a rate in the next lower pay group. 7.08 The Commissioners Court is the approving authority for all APPROVING payrolls and for any pay increases, decreases (except for AUTHORITY disciplinary reasons), or payroll transfers granted under the terms of (1) these policies, (2) the classification and pay plans, or (3) the annual budget. , 15 7,0g The county maintains a classification plan or "salary schedule" by PAY SCALE which each class of position is assigned to a pay group based on the level of experience, qualifications, etc., required to do that particular job. Step increases due to merit, longevity, or other factors are ^^+ +^ be considered reclassifications of the onion. Therefore, when an employee leaves a position no new hire may be employed at a higher classification than that provided for in the classification plan without prior authorization of the court. The fact that there may be surplus funds in that salary item in the budget is not authorization to hire at a level higher than provided for by the classification schedule. 7.10 (a) The Commissioners' Court, periodically reviews the RECLASSIFICATIONS classification schedule to determine whether reclassifications are necessary. Elected Officials may apply to the court for reclassifications of positions. (b) Reclassifications will be granted 4111Y upon a showing of increased duties, responsibilities, education or training, degrees of difficulty of the job, or other valid non-merit factors justifying reclassification. 7.11 Each employee is required to work the number of hours per day PAY REDUCTIONS FOR that the position is budgeted for. INSUFFICIENT HOURS Positions for full time employees are budgeted and paid on the basis of an eight hour day and a 40 hour workweek. If an employee fails to work the full number of hours for which the position is budgeted, after deducting compensatory time, sick leave, vacation, or leaves of absence, the pay of that person shall be reduced downward to compensate the individual for actual hours worked. Elected officials and department heads continue to have the ability to make adjustments in schedule for whatever reason so long as the employee completes the minimum hourly requirements for each pay period. 7.12 (a) The policy of the county is to keep overtime to a minimum. OVERTIME WORKED However, employees may be required to provide services in addition to normal hours or on weekends or holidays. Overtime is defined as hours worked in excess of the allowable number of hours under the Fair Labor Standards Act (ELBA). The Commissioners Court discourages accrual of overtime. Overtime may be granted only by the elected official, based on the needs of the office, and only if adequate funds are available in the department's budget. Employees are prohibited from 16 working overtime without specific authorization from their elected official. Elected officials, department heads, and other executive, administrative, and professional employees are exempt from the overtime provisions of the Fair Labor Standards Act (ELBA) and are expected to render necessary and reasonable overtime services with no additional compensation. This overtime may be used as a factor in granting or denying paid leave other than vacation or sick leave. (b) Ail full-time county employees subject to the provisions of the Fair Labor Standards Act (ELBA), 29 U.S.C. S 201, et seq., (except law enforcement officers and jailers) who are required to work in excess of 40 hours per week shall receive compensatory time off, in lieu of payment, at the rate of one and one-half hours for each hour worked over 40 hours per week. Law Enforcement personnel and jailers shall receive, in lieu of payment, compensatory time off at the rate of one and one-half hours for each hour worked over 171 hours within the 28 day work period. (c) No full-time county employee (except law enforcement officers and jailers) shall accumulate overtime credit in excess of 240 hours (160 hours of actual overtime worked). No taw enforcement officer or jailer is authorized to accumulate overtime credit in excess of 480 hours (360 hours of actual overtime hours worked). Compensatory time off must be taken during the 24 month period following the end of that work period. Claims for overtime payments under the FLSA shall be paid from any appropriated and unexpended lime item within the budget of the department employing the claimant. (d) The preferable method of overtime compensation is to schedule equal time off for the affected employee during the same work period in which the overtime was worked. The appropriate elected official or department head decides which method, consistent with budgetary constraints, to use to compensate for overtime worked. 17 8.00 BENEFITS 8.01 The county provides group health/medical and life insurance HEALTHIMEDICALAND coverage for regular employees after a 30 day probationary ~,~~,n,o„oe ~~G period for insurance on new employees. Premiums for employees are paid in full by the county. An eligible employee may add dependent coverage for his or her family members at the employee's expense. 8.02 All employees of the county are covered by Social Security. The SOCIAL SECURITY county matches each employee's contribution to the Social Security System dollar for dollar. 8.03 The county is a member of the Texas County and District RETIREMENT PLAN Retirement System. Membership in the retirement system is mandatory for all regular full-time employees (defined by T.C.D.R.S. as an employee who works in excess of 900 hours per year). Both the employee and the county contribute to the employee's retirement account. Retirement benefits are determined by a formula that involves age, the number of years of creditable service, and the amount deposited in the employee's account. Each new employee shall receive a brochure about the county's specific retirement coverage and options under T.C.D.R.S. at the time of employment. 8.04 Employees of the county are covered by Workers Compensation WORKERS Insurance. This coverage provides medical and salary continuation COMPENSATION payments to employees who receive bona fide. work-related, gp= the-iob injuries. The name and address of the current carrier of the county's policy is available on request from the County Personnel Officer. For more information on Worker's Compensation, see the Heatih and Safety Section of these policies. 8.05 All employees of the county are covered under the Texas UNEMPLOYMENT Unemployment Compensation Insurance program. This program INSURANCE provides payments for unemployed workers who meet the criteria established by State law. 18 8.06 VACATION TIME 8.07 SICK LEAVE Regular full-time employees and regular part-time employees who work at least one-half time (20 hours per week or more) are eligible for vacation leave. Temporary employees are not eligible for vacation leave. Detailed information on vacation leave is found in the next section of these policies. Regular full-time employees and regular part-time employees who work at least one-half time (20 hours per week or more), are entitled to sick leave. Temporary employees are not eligible for sick leave. Detailed information on sick leave is found in the next section of these policies. 8.08 The county encourages its employees to pursue educational and EDUCATIONAL AND professional development opportunities. If the training is PROFF~SICNAL approved by the appropriate elected official or department head, DEVELOPMENT there are sufficient funds authorized for that purpose, in the BENEFITS department's budget, and the county may reimburse the employee for the cost of such training upon presentation of proof of satisfactory completion of job-related course or seminar and such other documentation as may be required by the elected official, the County Treasurer, and/or the County Auditor. 8.09 Employee benefits are computed based on the month of employment COMPUTING rather than on the actual date of employment. An employee will be BENEFITS credited with benefits for the fuil month regardless of whether his or her date of employment is the first of the month or the 20th. 19 9.00 LEAVE TIME 9.01 Leave lime. Leave time is time during normal working hours in DEFINITIONS which an employee does not engage in the performance of job duties. Leave time may be either paid or unpaid. Holidays are days designated by the commissioners court when county offices are closed on what would otherwise be regular business days. A list of current holidays is contained in the County Budget for each fiscal year. Unauthorized Absence. An unauthorized absence occurs when an employee is absent from regular duty without the permission of the appropriate elected official or department head. Employees are not paid for unauthorized absences, and such absences are cause for disciplinary action. 9.02 Alf leave taken by county employees must be approved by the APPROVAL OF LEAVE appropriate elected official or department head. ,~' k Leave Approval. Approval of sick leave for non-emergency medical, dental, or optical appointments must be secured in advance. In all other instances of use of sick leave, the employee must notify his or her supervisor as early as practical on the first day of absence and request that approval of sick leave be granted. Elected Officials' and Department Heads'_ Responsibility for Verification. Elected officials and department heads are responsible for determining that leave time is accrued and available for use in the amounts requested by an employee. 9.03 County employees are encouraged to take regular vacations at least VACATION TIME annually. No vacation leave benefits accrue nor may be used by a new county employee during the initial six months of employment. Upon completion of the initial six-month period, vacation leave benefits, figured from the date of employment, are credited to the employee as shown below. Thereafter, vacation leave is earned and credited to the employee's leave record the first day of each month. Regular, full-time employees earn vacation leave as follows: Years of Emglovment Vacation Davs ' First through 10th year 10 days per year 11th through 20th year 15 days per year ` 21st year and beyond 20 days per year 20 Regular part-time employees who work at least one-half time (20 hours per week or more) earn vacation. leave in the proportion that the employee's work time bears to a regular 40- hour workweek. Temporary employees, full-time or part-time, do not earn vacation leave. Earned vacation leave can be used after six months of employment. The maximum allowable accumulation of unused vacation leave is 10 days. At the end of each fiscal year, any annual leave balance in excess of the maximum is reduced to the maximum without compensation. Employees terminating during the initial six-month period will not be paid for accumulated vacation leave. 9.04 Sick leave is earned at the rate of one day per month and is posted SICK LEAVE to an employee's record on the first day of each month. Earned sick leave may be utilized as it is earned from the date of employment with the county if the employee is absent from work due to: Personal illness or physical or mental incapacity; Medical, dental, or optical examinations or treatments; Medical quarantine resulting from exposure to a contagious disease; or Illness of a member of the employee's immediate family who requires the employee's personal care and attention. For this purpose immediate family is defined as the employee's spouse, child(ren), or any other relative of the employee who resides in the employee's household. Employees are expected to return to work as soon as their reason for leaving has been accomplished. Employees are responsible for notifying their supervisor of the need to be placed on sick leave not later than the first day of such absence, preferably promptly at the beginning of the first workday absent. Failure to do so may result in the employee's being placed on leave-without-pay status. The supervisor, elected official, or department head may require a doctor's verification of the illness. Regular part-time employees, (20 hours per week or more), the employee's work time bear workweek. who work at least one-half time earn sick leave in the proportion s to the regular 40-hour 21 Temporary employees, full-time or part-time, do not earn sick leave. Medical Statement. The elected official or department head may request, and employees must provide upon request, written verification by a physician of medical disability precluding availability for duty at any time that sick leave benefits are requested. Earning Si .k~L av .. each full-time regular calendar month. One day of earned sick leave is credited to employee's account the first day of each ~e of Sick Leave. employment as it is manual. Sick leave can be used from the date of earned for the purposes specified in this Arrumulation of Sick Leave. Sick leave not used during the year in which it accrues accumulates and is available for use in succeeding years up to a maximum allowable accumulation of 120 work days (960 hours). On the employee's anniversary date, any sick leave balance in excess of the maximum is reduced to the maximum without compensation. Exhaustion of Sick Leave. An employee who has exhausted earned sick leave benefits may use vacation leave or request leave of absence without pay. In the case of an on-the-job, work-related injury requiring absence from work, the county will pay emergency sick leave for all or part of the initial seven days if the employee does not have adequate accrued sick leave. No advance of unearned sick leave benefits will be made for any reason. V When an illness or physical incapacity occurs during the time an employee is on vacation leave, sick leave may be granted to cover the period of illness or incapacity and the charge against vacation leave reduced accordingly. Application for such substitution must be supported by a medical certificate or other acceptable evidence. Cancellation URon Termination. Unused sick leave is cancelled upon termination of employment without compensation to the employee. 9.05 Employees may request approval to use accumulated sick leave and EXTENDED LEAVE vacation leave for the purpose of paid release time to recover from FOR ILLNESS OR an extended illness or temporary disability or may request TEMPORARY approval for an unpaid leave of absence for these purposes. A DISABILITY request for leave for an extended illness or disability must be filed at least 10 working days prior to the first day of leave unless emergency conditions exist. -An employee also must provide a statement from a doctor reflecting the expected length of confinement and recuperation, and a statement from the employee 22 concerning his or her intentions about returning to work at the county. Pregnancv. Pregnancy will be treated in the same manner as any other extended illness or temporary disability. llnoaid l_ .av of Ab en e. appropriate elected official the commissioners court, a months of unpaid leave of from an extended illness time, an employee accrue; benefits but retains those retained during unpaid I prohibited by the terms c Hospital insurance can be employee. Upon written recommendation of the or department head and approval by n employee may be granted up to six absence for the purpose of recovery or temporary disability. During this no additional vacation or sick leave already accrued. Other benefits are eave of absence unless otherwise r provisions of the benefit program. continued if paid in advance by the Conditions. The appropriate elected official or department head may require an employee requesting a paid or unpaid leave for extended illness or temporary disability to provide a medical doctor's statement as to the date upon which the employee is no longer able to perform his or her duties and the expected length of the recuperation period. The elected official or department head may also require the employee to provide periodic statements from a medical doctor as to whether or not the employee is able to return to work. During an unpaid leave of absence, an employee must contact the appropriate supervisor at least once each workweek to report on is or her conditions. 9.06 Unless an employee who is absent on sick leave requests leave USINGLEAVEIN without pay upon exhaustion of sick leave, he or she will COMBINATION automatically be placed on vacation leave status until vacation leave is exhausted. Sick leave cannot be used for vacation purposes when vacation leave is exhausted.With the approval of an employee's supervisor and the appropriate elected official or department head, other types of leave can be used in combination with holidays, if it is determined to be in the best interest of the county and the employee. 9.07 Regular employees of the county who are members of the State MILITARY LEAVE Military Forces or members of any of the Reserve Components of the Armed Forces of the United States are entitled to leave of absence from their duties, without loss of time or efficiency rating, vacation time, salary, on all days during which they are engaged in authorized training or duty ordered by proper authority, for not more than 15 day in any one calendar year. Requests for approval of military leave must have copies of the 23 relevant military orders attached. Military leave in excess of 15 davs will be charged to vacation leave or leave without pay. Regular employees of the county who are called to or recalled to active duty with the State Military Forces or with the Armed Forces of the United States are entitled to be restored to employment subject to the provisions of the law upon honorable release from active duty. The leave of absence without pay granted upon entry to active duty will not exceed the period of time necessary to complete the involuntary tour of active duty the employee was ordered to perform. g.p8 Employees will be granted civil Leave with pay for jury duty, for CIVIL LEAVE serving as a subpoenaed witness in an official proceeding, and for the purpose of voting. When an employee has completed service, he or she must report for county duty for the remainder of the day. 9.09 Leave of absence without pay is an approved absence from duty in a LEAVEOFA[3SENCE non-pay status. Granting a leave of absence without pay is at the WITHOUT PAY discretion of the appropriate elected official or department head, but such leave is not authorized unless there is a reasonable expectation that the employee will return to employment with the county at the end of the approved period. Employees on leave of absence receive no compensation and accrue no benefits. However, previously accrued benefits are retained during leave of absence unless otherwise prohibited by the terms or provisions of the benefit programs. Medical insurance can be continued if paid in advance by the employee. A leave of absence without pay may be revoked upon receipt of evidence that the cause for granting such leave was misrepresented, or has ceased to exist. At the expiration of a leave of exists and a reasonable effort employee in another position, paid accrued benefits. See specific provisions relating tc involuntary call or recall to such service. absence without pay, if no vacancy has been unsuccessful to place the the employee will be terminated and also section on military leave for leave of absence without pay for military service and return from ' Military service (see a{so section on this type of leave); ' Recovery from extended illness or temporary disability (see also section on this type of leave); ' Public service assignments; or ' Such other reasons as the commissioners court may consider justifiable. 24 g,tp General. The department head is authorized to grant ADMINISTRATIVE administrative or emergency leave to an employee in certain AND EMERGHJGY limited circumstances. LEAVE Administrative leave. The commissioners court may, upon recommendation by the appropriate elected official or department hear authorize administrative leave with pay for an employee when warranted by unforeseen circumstances not otherwise provided for in these policies. Fmeraencv Leave. Emergency leave with pay may be granted by the appropriate elected official or department head in the event of a death in an employee's family. For purposes of emergency leave, family includes spouse, child, parent, brother, sister, uncle, aunt, cousin, grandparent of an employee or employee's spouse, or any other relative if that relative is living in the employee's household. Emergency leave is limited to no more than three days per occurrence. The length of time granted for emergency leave must be approved by the appropriate elected official or department head in advance and will depend upon the immediate circumstances. 25 10.00 HOLIDAYS 10.01 Holidays are established each year by the Commissioners Court GENERAL POLICY and are contained in the annual Budget for the County. 10.02 It is not always feasible to grant holidays at the scheduled time to WORK DURING employees assigned shifts of an "around the clock" operation. Any HOLIDAYS elected official or department head who finds it necessary to do so may direct some or all employees of the department to report for work on any holiday. For information on work compensation during holidays, please see the overtime section of this manual. 10.03 If an official holiday falls within a regular employee's vacation, HOLIDAY DURING the employee will be granted the holiday and not charged for a day VACATION of vacation. 26 11.00 HEALTH AND SAFETY 1 1 .01 The policy of the county is to make every effort to provide SAFETYPOLJCY healthful and safe working conditions for all of its employees. 11.02 Employees are responsible for conducting their work activities in EMPLOYEE a manner that is in conformance with state and federal law and that RESPONSIBILITIES is is protective of their own health and safety, as well as that of AND REPORTS other employees. An employee must report every on-the-job accident, no matter how minor, to his or her supervisor. Employees, supervisors and department heads are responsible for immediately filing with the county personnel officer an accident report on every accident that involves any injury. 11.03 Employees shall report immediately to their supervisors any EMPLOYEE conditions that in their judgment threaten the health and safety of SUGGES110NS employees or visitors. Employees are encouraged to make suggestions to their supervisors of improvements that would make the county work place safer or more healthful. If a supervisor is non-responsive, the matter should be referred to the employee's elected official and the County Judge. 11 .04 Insurance. The county provides Workers' Compensation Insurance ON-THE-JOB for all of its employees. This insurance provides medical expenses INJURIES and a weekly payment if an employee is absent from work because of a bona fide on-the-iob and work-related injury. The right to such benefits are governed by state law. Compensation. In order to be eligible to receive compensation, an injured employee must report the injury to their elected official on the appropriate forms, and file a claim for compensation with the Texas Workers' Compensation Commission. Information and forms for obtaining benefits are available at the office of the County Personnel Officer located at the Kerr County Courthouse, 700 E. Main in Kerrville. Medical Attention. An employee who sustains an on-the-job, work-related injury may seek medical attention from the medical facility or professional of his or her choice. The county requires statements of medical condition and of release to return to work from the attending physician. An employee may be required to submit to examination by an independent physician as determined by the county at the county's expense. Re or~tina. While on leave because of an on-the-job injury, an employee must contact the appropriate supervisor at least once each workweek to report on his or her condition. Failure to 27 provide the required medical status reports or to contact the appropriate supervisor as required is grounds for taking disciplinary action. At time of final release or settlement of a workers' compensation Claim, if no vacancy exists and a reasonable effort has been made to place the employee in another position, he or she will be terminated and paid accrued benefits. The time during which an employee received worker's compensation payments shall not be used in the determination of employee benefits, i.e., vacation, sick leave, or other benefits. 28 12.00 DRUG AND ALCOHOL POLICY 12.01 The purpose of this policy is to identify and remove the adverse PURPOSE affects of alcohol and drugs on job performance, and to protect the health and safety of our employees by providing education and treatment. Use and misuse of alcohol or drugs can and does impair the ability of an employee to perform his/her duties and may endanger the employee, his/her co-workers, and the public as well as property. The county seeks to prevent the use/abuse/misuse of drugs and alcohol by employees in any way which impairs their ability to perform their duties. a The county shall implement a comprehensive drug and alcohol abuse education program. As part of that program, information will be provided on the availability of employee assistance program services. The County Personnel Officer is responsible for the implementation and administration of the program. b. Alcoholism and other drug addiction are recognized as diseases responsive to proper treatment, and this will be an option as long as the employee cooperates. Employee assistance program (EAP) will be made available to assist employees. c. The manufacture, distribution, dispensing, possession, sale, purchase, or use of a controlled substance on county property is prohibited. d Being under the influence of alcohol or illegal drugs on county property is prohibited. The unauthorized use or possession of prescription drugs or over- the-counter drugs on county property is prohibited. e. Employees who violate this policy are subject to appropriate disciplinary action including termination. The policy applies to all employees of the county regardless of rank or position and includes temporary and part-time employees. 12.02 a Coun y Pr~Pmic,~ -All county property including vehicles, DEFINITIONS lockers, and parking lots. County property does not include other public or private property used on a temporary basis for county social functions. 29 b. County Property -All County owned or leased property used by employees such as vehicles, lockers, desks, closets, etc. c. Control) .d bstan . -Any substance listed in Schedules I-V of Section 202 of the Controlled Substance Act (21 U.S.C.S. 812), as amended and any controlled substance defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code.. d Jig - A drug is any chemical substance that produces a physical, mental, emotional or behavioral change in the user. e. Drug Paraphernalia - Equipment, a product or material that is used or intended for use in concealing an illegal drug or for use in injection, ingesting, inhaling or otherwise introducing into the human body an illegal drug or controlled substance. f. Fitness for Duty - To work in a manner suitable for the job. To determine "fitness", a medical evaluation may include drug and/or alcohol testing. g. lllegal Drua - An illegal drug is any drug or derivative thereof which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal or regulated under any federal, state, or local law or regulation and any other drug, including (but not limited to) a prescription drug, used for any reason other than a legitimate medical reason and inhalants used illegally. Included is marijuana or cannabis in all forms. h. Reasonable Ca a /R .a onabl ~c i ion -Supported by evidence strong enough to establish that a policy violation has occurred or is occurring. Under the Infl ~ n .. -The state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage or a controlled substance. An "Alcohol concentration" of 0.10 or more, as that term is defined in Tex.Rev.Civ.Stat.Art. 6701 L-i, is conclusive evidence that the individual is "under the influence". 12.03 Any of the following actions constitutes a violation of the Policy GENERAL POLICY and may subject an employee to disciplinary action to include PROVISIONS immediate termination: a Using, selling, purchasing, transferring, possessing, manufacturing, or storing an illegal drug or drug paraphernalia, or attempting 30 b. Working or reporting to work conducting county business or being on county premises or in a county owned, leased or rented vehicle while under the influence of an illegal drug, alcohol or in an impaired condition. 12.04 a Employees taking drugs prescribed by an attending PREVENTIVE ACTS physician must advise their elected official and/or department head in writing of the possible effects of such medication regarding their job performance and physical/mental capabilities. This written information must be kept confidential and communicated to the elected official and/or department head prior to the employee commencing work. All medical information will be kept confidential and the employer, without exception, will punish any breach of privacy and confidentiality in this regard. All prescription drugs must be kept in their original container. b. Any employee involved in a work related accident where alcohol or drugs are believed to be a contributing factor will be referred to an employee assistance counselor in addition to any other accident investigation activities. 12.05 Any employee involved in a work related accident may be subject CORRECTNEACT to urine and breath testing for drug or alcohol use or abuse. 12.06 Elected officials and/or department heads will receive training SUPERVISORYAND regarding the Drug and Alcohol Policy and the use of the Employee EMPIAYEETRAINING Assistance Program. 12.07 The county will provide employees and their families with EMPLOYEE ASSISTANCE confidential, professional assessment and referral for assistance PROGRAM in resolving or accessing treatment for addiction to, dependence on, or problems with alcohol, drugs, or other personal problems adversely affecting their job performance. The cost of treatment, counseling or rehabilitation resulting from EAP referral will be the responsibility of the employee. When documented job impairment has been observed and identified, an Elected Official and/or Department Head may recommend participation in the EAP. Any action taken by the Elected Official and/or Department Head, however, will be based on job performance. Elected official and/or department head referrals to the EAP will include employee's release of information consent form to be returned to the county elected official and/or department head by the EAP. Refusal to participate in, or failure to complete the EAP- directed program will be documented. Should job performance not 31 improve after a reasonable amount of time, the employee is subject to progressive corrective action up to and including termination of employment. Self-referral by employees or family members is strongly encouraged. The earlier a problem is addressed, the easier it is to deal with and the higher the success rate. While self-referral in itself, does not preclude county's use of corrective actions, participation in an EAP-directed program may enable the supervisor to allow time for completion of such program before initiating or determining additional corrective actions. EAP-related activities, such as referral appointments, will be treated on the same basis as other personal business or health matters with regards to use of sick or compensation leave. Sick leave may be taken as needed, while compensation time must be pre-approved. 12.08 The sale, use, purchase, transfer or possession of an illegal drug COORDINATION WITH or drug paraphernalia is a violation of the law. The county will LAW FJVFORCEMENT report information concerning possession, distribution, or use of AGI3JCIF~ any illegal drugs to law enforcement officials and will turn over to the custody of law enforcement officials any such substances found during a search of an individual or property. The county will cooperate fully in the prosecution andlor conviction of any violation of the law. 12.09 The provisions of this Section shall apply in addition to, and shall OTHER LAWS AND be subordinated to, any requirements imposed by applicable REGULATIONS federal, state or local laws, regulations or judicial decisions. Unenforceable provisions of this policy shall be deemed to be deleted. 32 13.00 USE OF COUNTY PROPERTY 13.01 The county attempts to provide each employee with adequate tools, GFS1F_RALPOUGY equipment, and vehicles for the county job being performed, and expects each employee to observe safe work practices and safe and courteous operation of vehicles and equipment in compliance with all municipal, county, and state regulations. 13.02 Employees who are assigned tools, equipment, or vehicles by their USEOFTOOLS, departments are responsible for them and for their proper use and EQUIPMENT, PROPERTY maintenance. AND VEHICLES No personal use of any county property, materials, supplies, tools, equipment, or vehicles is permitted. Violations may result in discharge and possible prosecution. 13.03 All operators of county vehicles and equipment are required to VALID DRIVER'S have the valid State of Texas driver's license necessary for that LICENSE vehicle or equipment and to keep supervisors informed of any change of status in their license. Suspension or revocation of the driver's license and/or conviction of any intoxication related driving offense, of an employee who is assigned as a vehicle or equipment operator may result in a demotion or discharge. 13.04 Any employee operating county equipment or vehicles must report ACCIDENT REPORTING all vehicular accidents and property damage or liability claims to his or her supervisor and to the police immediately. Each vehicular accident, no matter how minor, must be reported to the Sheriff's department if outside of any incorporated area or to the police department if within the city limits of any incorporated area, so that an official accident report can be filed. The appropriate elected official or department head shall send the County Personnel Officer a copy of all accident reports involving county equipment or vehicles as soon as investigation is completed. 33 14.00 DISCIPLINE 14.01 The elected official or department head may take any disciplinary PROGRF~SNE action, including dismissal, affecting an employee at any time. DISCIPLINE However, to the greatest extent practical, the elected officials are encouraged to use a progressive discipline system as follows: 'Verbal Warnings with records of each warning maintained by the supervisor; `Written ReRrimands which the supervisor must in all cases cause to be transmitted through the appropriate elected official or department head to the employee's personnel file; or 'Reduction in Pav without demotion; or 'Sus Pp ~nsion from duty without pay for up to 30 days; or `Demotion; or `Separation by involuntary dismissal. Actions other than verbal or written warnings require the approval of the appropriate elected official or department head. 34 15.00 SEPARATIONS 15.01 All separations of employees are designated as one of the following TYPES OF types: SEPARATIONS "Resignation; 'Dismissal; 'Retirement; 'Disability; 'Reduction in Force; or 'Death. 15.02 An employee who intends to resign must notify his or her RESIGNATION supervisor in writing at least 10 working days prior to the last day of work. The supervisor is responsible for immediately notifying the appropriate elected official or department head and the county personnel officer. 15.03 RETIREMENT An employee who resigns without sufficient notice is subject to having a written reprimand placed in his or her personnel file documenting this violation of personnel policies. e Texas County and District ho retire must submit their my personnel office in time for ived by the office of the Texas stem at least 30 days and not to on which the retirement is to date specified in the application month and shall not be a date member's employment with the county. The county is a member of th Retirement System. Employees w retirement resignation to the cou an application to retire to be rece County and District Retirement Sy more than 90 days prior to the da become effective. The effective must be the last day of a calendar preceding the termination of the The mandatory retirement age for age 70, provided that the effective end of the fiscal year in which the commissioners court may approve of persons beyond the end of the birthday occurs if specific action employee and approved by the de in which the employee works. court annually thereafter and may year basis. all employees of Kerr County is date of retirement occurs at the retirement age is reached. The the continuation of employment fiscal year in which their 70th to do so is requested by the partment head in the department Extensions are reviewed by the be renewed only on a year-to- 35 15.04 An employee may be separated when his or her position is REDUCTION IN FORCE abolished, or when there is either a lack of funds or lack of work. When reductions in force are necessary, decisions on individual separations will be made after considering (1) the relative necessity of each position to the organization, (2) the performance record of each employee, and (3) qualifications of the employee for remaining positions. 15.05 An employee who is absent without leave for more than three days ABANDONMENT is deemed to have resigned his or her position. OF POSITION Unless the appropriate elected official or department head determines otherwise, the resignation is not in good standing and the employee will not be reemployed. 15.06 (a) Upon separation from county employment, employees will be CALCULATION OF paid for accrued and unused vacation leave up to the limit of their TERMINATION PAY maximum allowable accumulation. No payment may be made for accrued sick leave. Payment for such leave balances will be included in the employee's final paycheck and will be calculated in the following manner: The total work time and allowable vacation leave time (as if worked) will be laid out on the calendar. If the result covers a full pay period or periods, the employee will be paid the full pay period(s) amount. If the result requires payment for less than a full pay period, the employee will be paid a prorated share of the full pay for the period (for example, three days of a 12 workday pay period would receive 3/12 of the full pay period amount). Partial days will be paid on an hourly basis based on 2080 working hours per year. (b) Payment for earned and unused compensatory time. (c) At the option, of the elected official, an employee may be required to use either earned and unused compensatory time and/or vacation leave prior to official termination. If an official so elects, ali deductions, including insurance will be made. (d) The employee will receive his or her final paycheck on the scheduled pay day that falls on or immediately follows the employee's last workday. No employee shall be entitled to a final paycheck unless and until the employee has completed the following forms and has filed them with the County Treasurer or such other personnel officer as may be designated by the Commissioners' Court. 36 Current time sheet; Continuation of Coverage Request Form; and Kerr County Termination Form. 15.07 The appropriate elected official or department head of an employee EXIT INTERVIEWS who is separated shall discuss with the employee the reason(s) for AND RECORDS the separation in an exit interview whenever possible. Reason(s) for the separation are stated in writing and signed by the employee, and the elected official except in unusual or emergency circumstances. 37 16.00 PERSONNEL FILES 16.01 Records pertaining to time and attendance, payroll, resignations, GENERAL and unemployment are maintained by the County Personnel Officer. All other personnel records are filed in a personnel file maintained by the elected officials and department heads. All personnel information related to an employee shall be filed in the appropriate personnel file. Any record of a medical or psychological nature shall be maintained in a separate confidential file. Each employee may choose whether the county discloses the employees home address and telephone number to the public on request. If a new employee does not request confidentiality within the first 14 days of employment, the home address and telephone number on file are considered public information. However, employees may change their election for disclosure or confidentiality at any time. A form for designating this information as confidential or public is available from the county treasurer's office. An employee or his or her representative designated in writing may examine the employee's personnel file upon request during normal working hours at the county offices. When a supervisor requires access to the personnel file of an employee under his or her supervision for the handling of personnel matters, the supervisor must obtain authorization from the appropriate elected official or department head. Only the elected official shall have access to the medical or psychological records. Employees are expected to inform their supervisors of any changes in or corrections io information recorded in their individual personnel file such as home address, telephone number, person to be notified in case of emergency, or other pertinent information. 16.02 The Personnel Action Form is the official document for recording PERSONNELACT{ON and transmitting to the personnel file each personnel action. This FORM form is used to promote uniformity in matters affecting: 'Position Title and Classification, 'Group and Pay Rate, 'Annual Salary, and 'Other Actions Affecting the Employee's Status. Each Personnel Action Form becomes a permanent part of the employee's personnel file, and a copy is given to the employee. 38 16.03 Official records of annual leave and sick leave accrual and of leave LEAVERECAR0.S usage will be kept for each employee by the County Personnel Officer. Leave records are updated at the end of each month. Leave balances are shown on the official record to reflect any remaining leave to which an employee is entitled. It is the responsibility of each department head or appropriate elected official to provide this information to the County Personnel Officer. 16.04 If an elected official desires to maintain the personnel files of LOCATION OF their employees, they shall notify the County Personnel Officer, PERSONNELF{LES in writing, of their election to maintain the files. The County Personnel Officer shall nonetheless maintain a personnel file on each employee which contains: ' All time records; ' Personnel Action forms; ' Employee Verification Form; ' IRS Form W-4; ' Kerr County Medical Examination Form; ' Insurance application; ' Retirement application; ' Waiver of Confidentiality(TWCE Form CK-6); ' Privacy Act election Form; Continuation of Coverage Request Form; and ' Kerr County Termination Form. 16.05 An employee's personnel file if maintained by the elected official CONfETffSOF shall, at a minimum, contain: PERSONNEL FILES 'A copy of the employee's application for employment; 'A signed copy of the employee's acknowledgment of receiving the employee handbook and the job (class) description for the position he or she currently occupies, and a copy of the county's personnel evaluation form; 'Personnel action forms; 'Performance evaluation records; 'Records of any citations for excellence or awards for good performance; 'Records of any reprimands or other disciplinary actions; `Records of leave accrued and taken; and 'Any other pertinent information having a bearing on the employee's status and performance. 39 17.00 REIMBURSEMENT OF EXPENSES 17.01 The policy of the county is that employees are to be fully GENERAL POLICY reimbursed for necessary and reasonable job-related expenses incurred in the authorized conduct of county business. The incursion of such expenses mint b a~nroved in advance. All requests for reimbursement of expenses are subject to requirements of documentation and reasonableness, and will be honored in conformance with adopted policies and procedures. Expenses which are not permitted under the terms of grants, contracts, or agreements with other agencies will not be charged as costs to those grants, contracts, or agreements. 17.02 All necessary travel by county employees for authorized conduct of IN-COUNTY TRAVEL county business within the county is authorized. Reimbursement for the use of private automobiles by employees is made monthly upon submission of required report and request forms. Mileage is reimbursed at the maximum non-taxable rate allowed by the Internal Revenue Service at the time the mileage is incurred. Employees are expected to report the shortest distance between destinations for all travel. Travel between an employee's residence and a county office is not allowable for reimbursement. 17.03 Out-of-county travel by county employees is permissible OUT-OF-COUNTY provided that it is authorized in advance by the appropriate elected official or department head and does not exceed departmental budgetary limitations. Reimbursement for out-of-county travel costs is based upon the most economical conveyance that is reasonably available. When private automobiles are used for out- of-county travel, reimbursement is allowed on the basis of actual mileage traveled or tourist class air fare, whichever is less. If no air service is available to the authorized destination, actual mileage is allowed. The difference in cost between first-class air accommodations and less-than-first-class air accommodations is unallowable except when less-than-first-class air accommodations are not reasonably available. 17.04 Employees engaged in necessary and authorized travel in the SUBSISTENCE conduct of county business are reimbursed for actual subsistence IXPENSES expenses. Subject to documentation and reasonableness, subsistence expenses will generally be for registration, lodging, telephone, parking tolls, taxi or limousine, meals, and reasonable gratuities. 17.05 Costs of personal entertainment, spouse's expenses, amusements, LIMITATIONS social activities, or alcoholic beverages are not allowable for reimbursement. 40 ORDER NO., RELATING TO THE DESIGNATION OF THE COUNTY PERSONNEL OFFICER On this the day of 1991, came on to be considered by the Court the designation of the County Personnel Officer. Said Personnel Officer shall be required to and shall have the responsibility of keeping and maintaining such personnel files of each county employee, as required by the court or the personnel rules assisting in the administration of the Kerr County Personnel Policies, preparing reports and documentation required by state and federal agencies regarding personnel matters, maintaining time records, monitoring accumulations of vacation, sick leave, and overtime, administering the benefits programs, and working with the county Auditor and County Treasurer in matters of accounting and compensation. The County Personnel Officer shall also assist elected officials, department heads, and supervisors in personnel matters and shall make such reports to the commissioner's court as may be requested by the Court. WHEREFORE, the Commissioner's Court of Kerr County, Texas, hereby designates as the Kerr County Personnel Officer. Exhibit "A" 41 EMPLOYEE ACKNOWLEDGMENT I acknowledge that I have received a copy of the Kerr County Personnel Policies, which include Kerr County's Alcohol and Drug Policy. I also acknowledge that the provisions of the policy are part of the terms and conditions of my employment and that I agree to abide by them. I understand that I am an "at-will" employee and, as such, I may terminate my employment with the county at any time. Likewise, I understand that my employment with the County may be terminated at any time for any reason or for no reason. I further understand that I will be granted compensatory time off in lieu of payment of overtime and that I may be required to use any or all accrued compensatory and vacation leave prior to official termination. Date: Signature of Employee Printed Name of Employee Employee Social Security Number Exhibit "B" 42 PERSONNEL FILE MEMO TO THE PERSONNEL FILE O FRO On the above named employee was counseled regarding the following matter: (Use additional sheets if necessary) The employee was advised to perform the remedial action(s) detailed below. The employee was further advised that their failure to perform in a satisfactory matter during the -day period from the date of this memo, will result in their termination. Employee Signature Elected Official Signature 43 ADOPTION OF COUNTY PERSONNEL POLICIES TO: COUNTY PERSONNEL OFFICER I have this date adopted the Kerr County Personnel Policies as the personnel policy of my office with the following exceptions (attach additional sheets if necessary): I certify that my employees have been notified of this election and any exceptions. Date cc: County Judge Title: 44