ORDER N0. EEV~9E
RDOPT PERSONNEL POLICY
On this the 8th day of November- 199, upon motion made by
Commissioner Baldwin, seconded 6y Commissioner^ Williams, the
C'our't unanimously adopt®d by a vote of 4-0-0, t... ==__sed
Personnel Policy as cr-ese-aed =-_ = e .___-
C:UMMISJlU1VLltti' C:UUK'I' AI~LNllA KLVULJ"I"
a
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: BARBARA NEMEC
MEETING DATE: NOVEMBER 08, 1999
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: TREASURER
TIME PREFERRED: MUST BE BEFORE 10:15
CONSIDER ADOPTING REVISED PERSONNEL POLICY.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
[F PERSONNEL MATTER -NAME OF EMPLOYEE:
BARBARA NIIKEC
10 MINS.
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

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 you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.

PA~F_ E
.S. Q~G
TIMELINESS
paragraph ,:~
present: When leaving the job during working hours, an employee
mast obtain permission from his or her- supervisor-, stating
the reason for• leaving, the destination, and expected time
of r•etur•n. Employees ar-e expected to r-etur•n to work as
soon as their reason for leaving has been accomplished.
proposed: (Delete this entire paragraph. It is repeated in paragraph
four-. )
3. 04
GIFTS
paragraph 1
present: Employees will not accept gifts from contractors, vendors,
or• other- persons who have business dealings with the
county.
proposed: Employees will not accept gifts from contractors, vendor-s,
or• other- persons who have business dealings with the
county except for• minor- token items given as part of
advertising their- business,
RAGE 9
4. G1
ADMINISTRRTIVE
WORKWEEK (WORK
RERIOD)
paragraph 1
present: The official. work period for• r•eg~.rlar employees (full or
part-time) of Kerr Co~.inty, is a 28-day period which begins
at 8:0Q~ a. m. on Sunday and ending at S:ai p. m. on
Saturday of the 28 day work schedule. Normal working hours
ar•e Monday thro~_:gh Friday, 8:Q~0 a. m. to 5:~1~ p. m. with
one hour- for• lunch and two 15 minute breaks morning and
afternoon.
proposed: The official work period for r•eg~.ilar employees (full or
part-time) of Kerr• County, is a 7-day period which begins
at 12:0Q~ a. m. on Sat~_irday and ends at 11:59 p, m, on the
the following Friday. Normal working hours are Monday
thr•o~.:gh Friday, 8:Q0 a. m. to 5:44: p. m. with one hour for
lunch and one 15 minute break in the morning and one 15
minute break in the afternoon.
RAGE is
5. Zic
GHYSICAL
STRNDARDS
paragraph 1
present: No individual who satisfies the. requisite experience,
ed~.ication, and other- job-r^elated requirements of a county
employment position and who can perform the essential
functions of the position with or without a reasonable
accommodation shall be denied the position due to a
physical or• mental disability that substantially limits
one or• mor-e of the major- life activities of s~_ich
individ~_ral.
proposed: An individual with a physical or• mental disability who
satisfies the experience, education, and other-
.job-related requirements of a partic~_ilar• county employment
position and can perform the essential functions of
the position with or without a reasonable accommodation
shall be equally considered for the position.
RAGE 15
E. 01
CATEGORIES
paragraph c
present: (b) Regular F'ar•t 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
basis; but is not eligible for other benefits unless
otherwise provided by the Budget or• other- or•der• of the
Commissioner•s~ Court. No person may be considered as a
r•eg~_~lar• part-time employee unless they ar•e filling a
budgeted part-time position that is s~.ipported by an
approved .job description.
proposed: (b) Regular- Part Time. A r•egular• part-time employee
holds an authorized position that involves, on the
average, fewer- than 40 work ho~_ir•s per- week. He or• she is
entitled to vacation and sick leave on a pr•opor•tional
basis; but is not eligible for other benefits unless
otherwise provided by or•der• of the Commissioners' Court
No person may be considered as a regular part-time
employee unless they are filling a budgeted part-time
position that is supported by an approved job description.
Regular- part-time employees shall be paid o~_it of a
part--time line item within the Budget. Persons paid
out of a "part-time" salary line may not, without prior-
appr•oval of the Commissioner•s~ Court or• in an emer^gency,
work more than S00 hours per year-.
GAGE 18
7. 08
GAY SCRLE
paragr-a ph 1
pr^esent: The County maintains a classification plan or "salar-y
schedule" by which each class of position is assigned
to a pay group based on the minimum qualifications
necessary to do that par-ticular .job. The salaries set
out in the salar-y sched~.ile ar-e designed to compensate an
employee who works the normal work hours r-equired by that
position. In other words, regular full-time employees ar-e
required to work an average of 40 hour-s per week over the
28-day work period. Regular- part-time employees are
required to work an average of 20 hour-s per week over the
28-day work per-iod. R FRILURE TO WORM. THE MINIMUM HOURS
FOR WHICH THE GOSITION IS FUNDED MAY RESULT IN REDUCTIONS
IN FUTURE GAY, DEDUCTIONS IN COMF'ENSRTORY OR LEAVE TIME,
AND IN EXTREME CASES LEGRL ACTION TO RECOVER OVERGAYMENT.
pr-o posed: The County maintains a classification plan or "salary
schedule" 6y which each class of position is assigned
to a pay group based on the minim~_im qualifications
necessary to do that par-ticular- .job. The salar-ies set
out in the salary sched~_ile ar-e designed to compensate
an employee who works an average of 40 hours per• week.
RAGE iS
7. 10
PAY REDUCTIONS
FOR INSUFFICIENT
HOURS
par•agr•aph ^c
present: Positions for• r•egular• full-time and regular part-time
employees are budgeted and paid on the basis of an average
of 40 hours per week over the ^c8-day work period. If an
employee fails to wor-k the full number^ of hour-s 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.
proposed: Regular full time employees are paid on the basis of an
average of 40 hours per^ week. If an employee fails
wor^king the full number of hour^s for• which the position
budgeted, after deducting compensator-y time, sick leave,
or• vacation (if the employee is entitled to such) the pay
of that person shall be reduced to compensate the
individual for• actual hours worked. FAILURE TO WORK THE
MINIMUM HOURS FOR WHICH THE POSITION IS FUNDED MAY RESULT
IN REDUCTIONS IN FUTURE GAY, DEDUCTIONS IN LEAVE TIME,
TERMINATION OF EMPLOYMENT APJD/OR IN EXTREME CASES LE~RL
ACTION TO RECOVER OVERPAYMENT.
RAGE 19 ~ ~0
7_ 1
OVERTIME
WORfSED
paragraph 4
present: (b) All county employees subject to the provisions of
the Fair Labor Standards Rct (FLSR), 29 U.S.C. S X01,
et seq., (except law enforcement officers, .jailers,
.juvenile probation nfficers and community supervision
and cor•r•ections officer-s who are authorized by state
law to carry weapons), who are required to work in excess
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 ho~_n•s. Law enforcement officer^s,
jailer^s, juvenile probation officers and community super-
vision and cor^r-ections officer^s who arse a~_ithor•i.zed by
state law to carry weapons, shall receive, in lie~.r of
payment, compensatory time off at the r^ate of one and
one-half hours for each hour worked over 171 hours within
the c8-day work period.
proposed: (b) All county employees subject to the provisions of the
Fair• Labor Standards Act (FLSR), 29 U. S, C. S c01, et seq.,
(except law enforcement officers, jailers, j~.ivenile pro-
bation officer^s and community super^vision and correction
officers who are a~athor•ized by state law to car•r•y
weapons), who work in excess of 4a hours per• week shall
receive compensatory time off in lieu of payment with the
prior written approval of their elected official or•
department head at the rate of one and one-half hours for^
each ho~_tr worked over 4~ hours per week. Law enforcement
officers, .jailers, .juvenile pr^obation officers and
community s~_ipervision and corrections officers who ar•e
authorized by state law to carry weapons, shall receive,
in lieu of payment, compensator^y time off at the rate of
one and one-half ho~_n•s for• each hour worked over 171 ho~_tr^s
within the 28-day work period. Compensator-y time not
taken by the end of each q~_iar•ter• shall be paid from the
appropriated and unexpended line item within the budget
of the department employing the employee. All claims for•
overtime shall be submitted to the county treasur^e r-
for payment. Rny overtime hours not t~ar•ned in by the
cutoff date established by the co~.inty tr•eas~_n•er• will be
processed the following payroll. The county tr•easur•er•
shall forward a copy of the cutoff schedule to each
elected official and department head.
GAGE c0
7. 1 c
OVERTIME
WORKED
par•agr•aph 5
present: (c) No Co~_inty Employee (except law enforcement officers,
,jailers, child care workers employed at the .juvenile
detention center, and community supervision and
cor•r•ections officers who are authorized by state law to
carry weapons) shall accumulate compensatory time in
excess of 240 gross hours (160 hours of actual overtime
worked). No law enfor-cement officers, ,jailers, child care
workers employed at the ,juvenile detention center, and
community s~aper•vision and corrections officers who
accumulate overtime credit in excess of 480 gross ho~ar•s
(360 hours of actual overtime hours worked). Compensatory
time off mast be taken within the three-month period
following the day in which the compensatory time is
approved and accrued; any compensatory time not ~.rsed at
the end of the three-month per-iod shall be turned into
the County Treasur•er•rs Office to be paid as overtime on
the next regular pay period.
proposed: (delete this paragraph the above wording is taken care of
in the proposed paragraph (b) )
GAGE '20
7. 1J
WORKING DURING
HOLIllAYS
present: An employee who works during a week in which a holiday
falls shall schedule eq~_ial time off for• the time worked.
proposed: An employee who is req~_iir•ed to work on holiday shall
schedule equal time off for• the ho~.ir•s worked on the
holiday.
PAGE 21
8.01
HEALTH/MEDICAL
present: The county provides group health/medical coverage for•
regular full-time employees after a 3a day waiting period
for insurance on new employees and will be effective the
first day of the following month following satisfaction of
the waiting period. Premiums for employees ar•e paid in
full by the county. An eligible employee may add
dependent coverage for• his or• her- family member-s at the
employee's expense.
proposed: The county provides group health/medical coverage for-
regular full-time employees after- a :i0 day waiting period.
Insurance for new employees will be effective the first
day of the first calendar- month after- the 3a day waiting
period has been satisfied. Premiums for employees are
are paid in full by the county. An eligible employee
may add dependent coverage for his of her- family members
at the employee's expense. Deductions for dependent
coverage shall be made thro~_igh payroll deduction from the
employee's paycheck each pay period.
Employees who leave the employment of Kerr County may be
eligible for• an extension of the medical coverage for•
themselves and their eligible dependents at their expense
under- the Consolidated Omnib~.is B~_~dget Reconciliation Rct
(CDBRA). Information of benefits under COBRR is available
in the Co~_inty Tr•easurer•'s office.
Rn employee who retires and receives retirement benefits
from The Texas County and District Retirement System may
continue insurance benefits for• himself/herself and their-
dependents provided the individual continues to make the
r•equir•ed contribution. Fail~_ir•e to make the r•equir•ed
r_ontr•ibution when due will result in automatic termination
of coverage.
PAGE 22
8. 1D
COMPUTING
BENEFITS
present: Employees (except vacation time and sick leave) arse
computed based on the month of employment r•ather• than on
the actual date of employment. An employee will be
credited with benefits for• the full month r•egar•dless of
whether- his or• her date of employment is the first of the
month or• the 2Nth.
pr•opased: (delete this entire section?
F'AGE ~3
9. 02
RP'RROVRL OF
LERVE
par^agraph 1
present: All vacation leave taken by county employees m~.rst be
approved by the appropriate elected official or department
head in advance, on the form provided by the County
Personnel Officer and filed with the County Personnel
Officer no later- than 5:0@ G.M. on the day s~_ich leave
begins. See Form Ck-10.
proposed: All vacation leave taken by county employees must be
approved by the appropriate elected official or department
head in advance.
paragraph c
present: Approval of sick leave for^ non-emergency medical, dental,
or• optical appointments must be secured in advance on the
the form provided by the County Personnel Officer and
shall be filed with the County Personnel Officer- no later
than 5:00 P. M. on the 5t17 wor-king day after s~.rch leave
begins. In all other- instances of use of sick leave, the
employee must notify his or• her^ s~_rper•visor- as early as
practical on the first day of absence and request that
approval of sic4< leave be granted. The form provided
(Form CK-10) shall be used for• this purpose and shall he
filed with the County Personnel Officer- no later- than the
5th working day after^ the request is made.
pr^o posed: Approval of sick leave for non-emergency medical, dental,
or optical appointments must be secured in advance from
from the appropriate elected official or• depar^tment head.
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 req~.iest that approval of sick
leave be gr•anted.
PAGE 23
9. 0
RPPROVAL OF
LEAVE
par•agr•aph 3
present: Elected Officialrs and Department Heads° Responsibility
for Verification. Elected Officials and department heads
ar•e responsible for- determining that leave time is accrued
and available for- use in the amounts requested by an
employee.
proposed: Elected Officials and department heads are responsible for-
determining that leave time is accr~_ied and available for•
use in the amo~_ints requested by an employee. If the
employee does not have sufficient leave time accrued, it
is the r-esponsihility of the elected official or•
department head to notify the county tr•easur•er• by the
payroll cutoff date so that the employee's paycheck can be
adjusted accordingly.
PAGE 24
9,0~
VACRTION LEAVE
paragraph 6
present: Employees ter-urinating during the initial six-month period
will not be paid for accum~.~lated vacation leave.
proposed: Employees terminating employment during the initial
six-month period will not be paid for• accumulated vacation
leave. Employees terminating employment after six-months
or more of employment who have accumulated in excess of
160 ho~_ir•s will only be paid for- 160 hour-s.
F'A6E ~5
9. 05
SICK LEAVE
pr-esent
par'agr'aph 8
Accum~_ilat ion
the year' in
for' use in
accumulation
each fiscal
maximum is
compensation
accumulated
of Sick Leave. Sick leave not used d~_ir-ing
which it accrues accumulates and is available
succeeding year-s up to a maximum allowable
of i~a work days t9E~ hours). At the end of
year, any sick leave balance in excess of the
automatically reduced to the maxim~.~m without
regardless of the total hours shown to be
on the Time and Attendance Records.
proposed: Accumulation of sick Leave. Sick leave not used dur-ing
the year in which it accrues acc~.imulates and is available
for use in succeeding years.
PAGE 2E
S. ODE
EXTENDED LEAVE
FOR ILLNESS DR
TEMPORARY
DISAPILITY
present: Employees may request approval to use accumulated sick
leave and vacation leave for- the purpose of paid release
time to recover fr-om an extended illness or• tempor•ar-y dis-
ability or• may request approval for an unpaid leave of
absence for- these pur^poses. A r•eq~.iest for an extended
illness or• disability must be filed at least i0 working
days pr•ior• to the first day of leave ~.inless emergency
conditions exist. An employee also must provide a
statement fr^om the employee concerning his or• her
intentions about r•etur•ning to work at the co~_inty.
Pregnancy. Pregnancy will be treated in the same manner
as any other extended illness or• tempor-ar•y disability.
Unpaid Leave of Rbsence. Upon written recommendation of
the appropriate elected official or• department head and
approval by the Commissioner•s° Co~_~r•t, an employee may be
granted up to six months of unpaid leave of absence for•
the disability. During this time, an employee accrues no
additional vacation sick leave benefits but retains those
alr^eady accr•~.~ed. Other benefits are retained during
unpaid leave of absence unless otherwise pr^ohibited by the
teems or• provisions of the benefit pr•ogr^a m. Hospital
insurance can be continued if paid in advance by the
employee.
Conditions. The appropriate elected official or
department head my require an employee r•eq~_iesting a paid
or• ~_inpaid 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
per•for•m his or^ her duties and the expected length or the
r•ec~_iper•ation 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 us able to r^et~ar•n to wor^k. D~_~r•ing an unpaid
leave of absence, an employee must contact the appropriate
supervisor at least once each work week to report on his
or her- condition(s).
proposed: (delete this entire section)
PAGE ~8
9. l~
LEAVE OF RBSENCE
WITHOUT GAY
paragraph ,',
present: At the expir^ation of a leave of absence witho~_it pay,
if no vacancy exists and a reasonable effor^t has been
unsuccessf~_il to place the employee in another position,
the employee will be terminated and paid accr^ued benefits.
* Nilitar^y service (see also section on this type of
leave);
* Recovery from extended illness or tempor-ary disability
(see also section on this type of leave);
* Gublic service assignments; or
* Such other- reasons as the Commissioner's' Court may
consider^ .justifiable.
proposed: (delete this section)
PAGE 28 d ~9
'ge Lc
FAMILY &
MEDICAL LERVE
pt•esent: Rn employee m~_~st have worked at least 12 months for- the
employee and 1250 hours in the past year to be entitled to
a total of 12 weeks of leave d~.ar•ing any 12 month per-iod
for• one or• more of the following:
1. ) bit-th of a child,
2.) placement of child for• adoption or foster care,
3.) car-ing for a spouse, child, or parent with a
serious health condition, or•
4.) the ser-ions health condition of the employee.
A serioi.is health condition is defined as inpatient care
at a hospital, hospice, or• residential medical care
facility, or• continuing care by a doctor of medicine or
osteopathy. (The Secr•etar•y of Labor• is authorized to
add other health care pr•ovider•s whose care would qualify
an individual to be cover-ed ~_~nder the act.) The employee
can require an employee to provide a doctor's
certification of the serious health condition.
An employee who takes leave under the law must be able to
r•etur•n to the same job or a job with equivalent status and
pay. (There is a limited exception to this for certain
highly compensated employees.) In addition, the employer
must continue the employees health benefits during the
leave per-iod at the same level and conditions as if the
employee had contin~_ted to work. If the employee chooses
not to r-et~_irn to work for reasons other than a continued
ser•io~_is health condition, the employer may r•ecover• from
the employee the pr•emi~_im that the employee paid for the
employee's health coverage.
proposed: (delete this section and insert the fallowing section to
r-e place section 9. 0E, q. 10 and 9.12)
S. 0E
FAMILY RND
MEDICAL LEAVE
(add this section to cover 9.06, 9.10 and '3. 1^c)
To be eligible for• benefits under this policy, an employee
must have worked for• Kerr County at least 12 consecutive
months, and have worked at least 1250 hours d~ar•ing the
previous 12 months.
If an employee has exhausted all accrued sick leave he or•
she will be placed on family or• medical leave under- this
policy if the following situations exist:
a. the birth of a child and in
child;
b. the placement of a child in
adoption or foster care;
c. to care for• a spouse, child,
health condition; or•
d. the serious health condition
or•der• to care for that
the employee's home for
or• parent with a serious
of the employee.
Serious health condition of the employee shall be defined
as a health condition that makes the employee unable to
perform the essential functions of his or• her- .job.
Serious health condition of a spouse, child, or• parent
shall be defined as a condition which requires in-patient
care at a hospital, hospice, or•r•esidential care medical
facility, or• a condition which r•equir•es continuing care by
a licensed health care pr•ovider•.
Up to 12 weeks leave per- i:? month period may be used under
this policy. The county will measure the 12 month period
as a rolling 12 month period measured backward fr•oin the
date an employee uses any leave under- this policy. All
leave taken under this policy d~ar•ing the pr•ior• 12 month
period shall be subtracted from the employee's 12 week
leave eligibility and the balance is the leave the
employee is entitled to take at that time.
If a husband and wife both work for the County the
maximum combined leave they shall be allowed to take in
any 12 month period for• the birth or• placement of a child
is 12 weeks.
While on leave under this policy, the Co~_inty shall
contin~.ie to pay the employee's medical insurance pr•emi~.im
at the same rate as if the employee had been actively at
work. The employee will 6e r•equir•ed to pay for• dependent
coverage, and for• any other insurance coverage which the
employee wo~.ild normally pay, or• the coverage will be
discontin~.ied. After the conclusion of the i~ week period
the employee may contin~_ie his or• her• medical insurance if
paid in advance by the employee.
The County shall have the eight to ask for• r_er•tification
of the serious health condition of the employee or• the
employee's eligible dependent when using leave under this
policy. The employee shall respond to the request within
15 days of the request nr provide a reasonable explanation
for• the delay.
The certification of the serious health condition of the
employee shall include:
a. the date the condition began;
b. it's expected duration;
c. the diagnosis of the condition;
d. a brief statement of the treatment; and
e. a statement that the employee is unable to perform
work of any kind or• a statement that the employee is
unable to perform the essential functions of the
employee's .job.
The certification of the serious health condition of an
eligible family member shall include:
a. the date the condition began;
b. it's expected duration;
c. the diagnosis of the condition;
d. a 6r•ief statement of treatment; and
e. a statement that the patient r•equir•es assistance and
that the employee's pr-esence would be necessary.
The County shall have the eight to ask for• a second
opinion from a physician of the County's choice, at the
expense of the County, if the Co~.inty has reason to doubt
the certification.
If there is a conflict between the first and second
certifications, the County shall have the eight to r•eq~aire
a third certification, at the expense of the County, from
a health care pr•actitioner• agreed ~_ipon by both the
employee and the County, and this third opinion shall be
considered final.
Employees r•et~_ir•ning from leave under this policy, and who
have not exceeded the 12 week maximum allowed under this
policy, shall ret~_ir•n to the same .job or a job equivalent
to that held by the employee pr•ior• to going on leave.
Wher^e an employee is placed in another^ position, it will
be one which has equivalent status, pay, benefits and
other employment teems and one which entails substantially
eq~.rivalent skill, effort, r•esponsibili.ty, and authority.
The County shall have no obligation to reinstate an
employee who takes leave ~.inder this policy and who is
unable to r•et~_~r•n to work after ~_ising the maximum 1~ weeks
of leave allowed under- this policy, or- who elects not to
r^eturn to work after using the maximum leave.
While on leave without pay under- this policy, an employee
shall not earn vacation, sick leave, be eligible for
holidays, or earn other- benefits afforded to employees
actively at work, except for^ those stated in this policy.
Any area or iss~_re r^egar•ding family and medical leave which
is not addr^essed in this policy shall be subject to the
basic r•equir•ements of the Federal Family and Medical Leave
Act (FMLA) and the regulations issued to implement it.
PAGE 31
11.Q14
ON-THE-JOS
INJURIES
(this section has had a few amendments- the following is
the current policy and the approved amended policy along
with a few added clarifications.)
The County provides Wor-ker•'s Compensation Insurance for
all of its employees. This insur^ance provides medical
expenses and a weekly payment if an employee is absent
from work because of a bona fide on-the-job and
work-r^elated injury. The right to such benefits are
governed 6y law.
In or•der• to be eligible to receive compensation, an
in.jur•ed employee m~_ist repor^t the in.jur•y to their^ elected
official or department head on the appr•opr•iate forms.
Rn employee who si.xstains an on-the-.job, work-related
in.j~_ir•y may seek medical attention from the medical
facility or professional of his or• her- choice. The county
requires statements of medical condition and release to
r•etur•n to work from the attending physician. An employee
may be r•eq~.iir•ed to submit to exsrmination by an independent
physician as deter^mined by the co~.inty at the county's
expense.
While on leave because of an on-the-job in.jur•y, an
employee must contact the appr•opr•iate super•visor• at least
once a week to report on his or• her• condition. Failure to
provide the required medical stat~.rs reports or to contact
the appr•opr•iate super•visor• as r•equir•ed is grounds for
taking disciplinary action, including termination of
employment.
At the time of final release or• settlement of a worker's
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.
An "eligible" employee may request family and medical
leave without pay for a total of 1~ weeks. Rn employee
who takes leave ~_inder• this law must be able to return
to the same job or• a .job with equivalent stat~.rs and
pay providing the employee returns to work within the
1~ week period. In addition, the employee must continue
the employee's health benefits during the leave period.
After the conclusion of the 12 week period the employee
may continue his or her• health ins~.~rance if paid in
advance by the employee. Such leave is for• the purpose
of holding an employees ,job for• 1~ weeks and paying the
employees insurance premium fvr• such time and is not to
6e used as payment of sick time benefits or• any other
benefits.
The Co~_rnty will pay an employee who is on leave because
of an on-the-.job in.jur•y for• the first seven days.
Beginning on eighth day salary benefits will be paid by
the worker's compensation insurance. Salary benefits will
be paid at 7@-75% of the employee's weekly wages.
An employee may not ~.ise his or• her• sick leave, vacation
leave or comp time during the time which an employee is
on leave because of an on-the-.job in,jur•y.
The time during which an employee received wor•ker•'s
compensation payments shall not be used in the
determination of employee benefits, i. e., vacation, sick
leave, or• other benefits.
PAGE 3~
i~.~a
DRUG RND RLCDHOL
POLICY
(delete c~_rr•r•ent policy and insert the following)
i2.¢~1
PURPOSE
The objective of this policy is to develop a dr•~_rg and
alcohol--free workplace which will protect the health and
safety of our employees while complying with the Federal
Drug Free Workplace Act. The County seeks to protect each
employee and the public from the increased hazards and
decreased productivity associated with the adverse affects
of drugs and alcohol in the workplace.
12. Q12
POLICY
It is the policy of I:er•r• Co~_inty that employees shall not
be involved in the use, consumption, possession, sale,
distribution, p~_~r•chase, manufacture, or tr•ansfer• of any
controlled substance or- alcoholic beverages while on
County property, or• while conducting County b~_isiness.
To this end N,er•r• County will take disciplinary actions
for• violations as authorized by this policy, ~_ip to and
including termination.
1.~. 0.,
DEFINITIONS
A. AGPROVED NEDICRL FRCILITY
The approved medical facility shall be a medical facility,
designated by the Commissioner's Co~_n•t, to perform such
testing or• other procedures defined herein and certified
as a drug test laboratory by the Texas Department of
Health and Human Services.
B. CONTROLLED SUBSTANCE
Any drug of substance defined in Schedules I-V of section
481 of the Texas Controlled Substance Act (or amendment)
including b~_it not limited to marijuana, any thereto,
concentrated cannabis or• cannabinoids, hashish or• hash
oil, morphine or• its derivatives, mescaline, peyote,
phencyclidine (angel dust), opium, opiates, methadone,
cocaine, crack, q~_raaludes, amphetamines, seconal,
codeine, phenobarbital, or• valium. This incl~_ides drugs
which ~-rre legally obtainable but which ar•e obtained or•
used illegally.
C. CDUNTY PROPERTY DR BUSINESS
"County property or• business" includes all pr•oper•ty,
buildings, str•uctur•es, ,job sites (where an employee is
working), parking lots, lockers, desks, and means of
transportation owned, leased, or• otherwise ~_ised for County
b~_~siness including motor vehicles, equipment, or•
machinery. County pr•oper•ty does not incl~.~de other public
or private property ~.rsed on a temporary basis for county
social functions.
D. DRUG
A drug is any chemical s~_ibstance that produces a
physical, mental, emotional, or• behavioral change in the
~_iser.
E. DRUG PRRRPHERNALIA
Equipment, prod~_ret, or material that is used or intended
for• ease in concealing, injection, ingestion, inhalation
or• otherwise introducing into the human body a controlled
substance or• drug.
F. FITNESS FOR DUTY
The term "fitness for• duty" shall be ~_tsed to define the
ability of an employee to safely complete his or• her•.job
functions.
G. F'DSITIVE TEST RESULTS
The presence of controlled substance, drug or• alcohol
found in the body fluids at levels of detection above
the lowest cutoff level as established by the analytical
methods used by the testing laboratory. Only concl~_isive
tests ar•e reported.
H. F'ROPAPLE CAUSE
If eno~_igh indication exists
caution" wo~.tld be satisfied
alcohol use has occurred, or
and that evidence of dr•~_ig or-
if a drug test is performed.
that a "person of reasonable
that ~anauthor•ized drug or•
fitness for• duty is impaired
alcohol use will be detected
I. RANDOM TESTING
The periodic test of a covered employee pop~.ilation without
the pr•ior• knowledge of exactly when samples will be
r•eq~_iested. All covered employees are given numbers and the
number-s ar•e selected from a random number chart or• a
comp~_iter• generated random table such that the odds of
being selected to provide a specimen will be equal for•
all covered employees.
J. REASONABLE SUSGICION
Reasonable suspicion exists when a specific contempora-
neous event or• observation or pattern of behavior points
to recent alcohol or drug use. Specific objective facts
must be present and reasonable inferences can 6e made,
through objective documentation of delinquent job
performance that suggests the employee is using drugs or
K. BRERTH ALCOHOL TECHNICIAN (RAT)
Rlcohol testing required under this policy will be
cond~.icted by a breath alcohol technician trained to
proficiency and certified in the operation of the
evidential 6r•eath testing device used to perform the
test.
12.04
TRRINING
Ker•r• Co~.rnty will initiate and maintain ongoing
supervisory training with mandatory participation 6y
supervisory employees, department heads, and elected
officials. This training will include identifying drug
misuse symptoms and alcohol misuse symptoms. The training
for• super•visor•s will include information in the following
areas:
A. Identifying and documenting .job per•for•mance and on-the
.job behavior that may reflect the impact of substance
abuse;
B. Procedure for testing employees suspected of violating
the Kerr- County Drug Free Workplace policy;
C. Constructive confrontation techniques;
D. pr•oced~.~res for• cond~_icting workplace inspection.
12.05
PREVENTATIVE
RCTS
Employees taking dr~.igs prescribed by an attending
physician m~.ist 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 or department head pr•ior• to the employee
commencing work. All medical information will be kept
confidential and all pr•escr•iption dr•~_igs must be kept in
their- original container-.
12.06
TESTING GUIDELINES
RND RULES
A. RANDOM TESTING
Upon receipt of notice that an employee has been
selected for- random testing, the department head will
take r-easonable measures to assure that the employee
r•epor-ts safely and immediately to the testing collection
site. If the employee is on leave or• otherwise unavailable
for- testing, the department head will maintain the confi-
dentiality of the notification. Upon the employee°s
r-etur•n to duty, the department head will r•equir•e the
employee to r-e port for testing.
The County r•eser•ves the right to test randomly employees
in the following classes:
a. Law enforcement personnel, inr_luding correctional
officers, peace officers, and those with access to
sensitive information;
b. Employees who operate vehicles or- heavy equipment as
part of their performance of job-related duties;
c, Employees who work in pr-oximity of facilities,
equipment or• terrain that is generally considered
potentially dangerous;
d. Employees routinely involved in maintenance and repair
of motor- vehicles or heavy equipment.
H. POST RCCIDENT TESTING
Any employee may be tested for• drug or• alcohol use when
he/she has been involved in a work-related accident in
which he or- she is cited for• a moving violation or- which
results in bodily in.j~_ir•y requiring medical attention away
from the accident site. Employees may also be tested when
they ar•e involved in accidents resulting in s~_ibstantial.
property damage.
C. REASONRBLE 5USPICION TESTING
An employee may be tested for drugs or alcohol based on a
reasonable suspicion when:
a. Rn employee r•epor•ts to the attention of the depar^tment
head credible, documented evidence that an employee has
consumed or appeared ~_inder• the influence of alcohol or a
controlled substance while on duty.
b. The employee while on d~.ity exhibits symptoms of drug
abuse, impairment or- intoxication which ar•e observed
by a super-visor- of the employee and confirmed by the
observation of another supervisor or• department head
trained to recognize the symptoms of dr•~_rg and/or• alcohol
abuse, impairment, or intoxication and the behavior- cannot
reasonably 6e explained by ca~.rses other than ease of drugs
or• alcohol.
c. The employee's behavior is of a type which is commonly
recognized and accepted as symptomatic of intoxication or•
impai.r•ment caused by consumption of a contr^olled s~_ibstance,
inhalants, or alcohol. Symptoms of such impairment could
be slur•r•ing of speech, dilated pupils, loss of balance,
inability to do or•dinar•y tasks, or• unusual risk taking.
1 ~. ~b7
TESTING
PROCEDURES
Generally, drug and alcohol testing will be conducted
under the direction of the County Personnel Officer- using
a laboratory certified by the Texas Depar^tment of Health
and Human Services. If such test indicates positive or
inconclusive results, the laboratory shall confirm the
result with a second test of the specimen. Chain of
custody pr^oced~_ires will be followed to ins~_tr•e the
integrity of each ~ar•ine sample by tracking its handling
and storage from point of collection to final disposition.
The Personnel Officer- will employ a certified
breath-alcohol technician (ART), or- a certified blood or•
urine analysis to per•for-m all alcohol testing related to
this policy. The PAT will utilize an evidential breath
testing device approved by the National Highway Traffic
Safety Administration if the alcohol concentration is .@c
or• gr•eater• on the initial test, a second or• confirmation
test will be conducted.
Each employee will execute a pre-testing consent form each
time a test is cond~_icted as part of the testing proced~_ir•e.
Refusal to give a wr-itten consent will r^es~_ilt in
termination of the employee.
SUSPENSION PENDINS INVESTIGRTIOhd
Rny employee suspected of violating this policy may be
suspended without pay pending completion of an
investigation. If a determination is made that no
violation has occur-r-ed the employee will be reinstated
with lost wages and without penalty.
F'OST-INVESTIORTON ACTION
The Co~.inty maintains a "zero tolerance' policy. As s~_ich,
upon confirmation of a positive test result, the employee
will be terminated.
12.08
PROHIPITED ACTIVITIES
RND VIOLATIONS
An employee violates the Kerr County Arug Free Workplace
Policy if the employee engages in any of the following:
a. Possession, i_ise, man~_rfactur-e, distribution, sale
purchase or• transfer of illegal drugs, drug paraphernalia,
unauthorized controlled substance or alcohol while on any
county premises or work sites, while conducting county
business or• while operating or• occupying any co~_inty
vehicle at any time or• d~_ir•ing working hours including
lunch and break periods.
b. Storing without authorization, any illegal dr-ug, dr-~_ig
paraphernalia, una~_ithorized controlled s~_ibstances, or•
alcohol in a Tacker, desk, vehicle, equipment or other-
r•epository on Caunty property or- work sites.
c. Being unfit for- duty as a result of the use of any
una~_rthor•ized cantr•olled substances, alcohol, or illegal
drug.
d. Possession, use, mani_rfactur•e, distr•ib~_ition, or sale of
illegal drugs, ~_ina~_ithor•ized controlled substances,
inhalants, or- alcohol off co~_~nty property or- work sites
dur-ing off duty hours which will affect the employee's
ability to safely and f~_illy per•for•m assigned .job duties,
r•ender•s the employee at risk to self or• others at wor-k, or
which beings discredit upon the Co~_inty or pi_r61ic service.
e. Switching or• ad~_ilter•ating any urine sample s~_ibioitted
for- testing.
f. Ref~.rsing to consent to testing and to submission of a
specimen for- testing when r•eq~aested under- this policy.
Consent is indicated by signing any for-m r-equir-ed by the
approved medical facility, or• laboratory collecting
specimen for- testing.
g. Refusing to submit to an inspection of any desk,
locker^ or^ other county property ~_~nder the employee's
control when asked to do so 6y a Depar^tment Head.
h. Being convicted under any criminal dr•~.rg statue for a
violation occur•r•ing in the workplace.
i. Failing to notify the Co~.rnty in writing of any employee
conviction under any criminal dr^ug stat~_ie within five days
of the conviction.
j. Failing to r^eport to the super•visor• the use of any
pr•escr•iption or^ non-pr•escr•iption drug which may impair the
employee's behavior- or• physical or• mental ability to
safely and fully per•for^m assigned duties. When repor-ting
such use, the employee is req~.rir•ed to have a written
statement from their' physician r^egar•ding the prescriptions
effect on the employee's performance of .jab duties and
present this to his or• her- department head.
k. Failing to keep pr•escr•ibed medicine in its original
container- or• to provide other- proof of identification or
dr^ug pr•escr•iption and prescribing physician.
1. Refusing to sign a statement agreeing to comply with
the f:err Co~_inty Drug Fr^ee Workplace Policy.
m. Failing as a driver- or• passenger of a County vehicle
tr•anspor•ting other- County employees or• s~.ipervisor•s, to
report violations by crew members or• supervisors of the
Kerr County Dr^ug-Free Workplace Policy.
n. Failing to report the use or• possession of an illegal
dr^ug or^ una~_ithor•ized controlled substance and/or alcohol
or^ another County employee or• the existence of an
unauthorized alcoholic beverage, illegal dr^ug, or•
controlled substance in any County pr•oper•ty.
o. Reporting unFit for' d~.ity fr^om an "on call' status as a
result of the use of alcohol, or• any illegal drug or
unauthorized controlled substance.
p. Consuming an intoxicating beverage r^egardless of
its alcohol content within fo~_ir• hours before going on
safety-sensitive duty. This pr^ohibition extends to any
pr^escr•iption or over-the-counter- medication that contains
alcohol.
q. Failure by an employee who is responsible for•
s~aper•vising other- employees to;
a. be f~_illy knowledgeable of its policy and
administration;
b. maintain good r•ecor•ds of employee per•for•mance;
c. take appropriate action to doc~.iment and repor^t
suspected violations of this policy.
1:_. 49
CONFIDENTIALITY
Information regarding an individual's drug testing may
may be r^e leased only upon written consent of that
individ~_ral except when used in administr^ative or-
disciplinary procedures. S~_ich testing r•epor•ts shall
be maintained by the County Personnel Officer- in a
separate location from that of the employee's personnel
file and the tests may not be used for- criminal
pr-osec~_ition without the written consent of the individual.
12. 1~D
CHANGES
TO POLICY
N,err^ County reserves the right to interpret, suspend,
cancel, amend, or- disp~.rte with or• without notice, all
or• ar~y part of the policy, or• pr•ocedur•es or^ benefits
specified in the policy with any unenforceable provisions
of the policy being deleted. The provisions of this
section shall apply in addition to, and shall be
subordinated to, any requirements imposed by applicable
federal, state, or local laws, regulations or .j~.idicial
decisions.
F'AGE 44
i 7. ~4
SUBSISTENCE
EXPENSES (present)
17. 04
OUT-OF-COUNTY
SUBSISTENCE
EXPENSES (pr^o posed)
17.55
IN-COUNTY
SUBSISTENCE
EXPENSES (add this section)
Expenses inc~.rrr•ed in N.err• County for r-egistr-at ion, meals
and reasonable gr-at~xities will be r•eimbur-sed on for
"seminars" which are related to the .job functions of
each office.