~,~ /oa~o8l• 9 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Comm. Baldwin MEETING DATE: October 27, 2008 OFFICE: County Commissioner TIME PREFERRED: SUBJECT: Consider and discuss an update on the personnel policy and procedure manual by the Human Resources Department. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Baldwin ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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 RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. 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 Rules Adopted by Commissioners' Court. Oaen Issues: Policv Bock (10-10-08) • Employee Suggestions Page (appendix) • Merit Increases • Classifications • Reclassifications • Separations (update with new Sheriff guidelines for Security) • Outside Employment & Activities (wording issues) • Return of Property (update with new Sheriff guidelines for Security) • Accident Reporting (drug and alcohol testing revision) • Hire and Start Work (revise as we will not hold back pay 1 pay period per Court due to expense of initializing -1 payroll in cost up front $660K) • Benefits and Leave (vacation time increase did not gain support from Court / Auditor due to cost) • County Health Plan (Retiree update during 08-09 -Medicare must? AND all active participants have cap on prescriptions annually; must be discussed during new Health Plan for 08-09 and approved by Court • Benefits (reword as Court has the right to change /modify /discontinue all or none at any time) • Holiday Pay (still discussing, must have Auditor update us on the GASBY rulings changes in Aug 08) • Unused Vacation Pay (require 14 days notice or County does not have to pay unused vacation -Rex is checking to ensure legality) • FMLA (Fed bringing down huge changes including Military FMLA guidelines which allow 26 weeks versus 12 on non military FMLA -Huge Changes and will not be out until late December 2008) • Courthouse Security Sheriff authoring this section) • IT Policy (use old untiUunless Court changes based upon Rex's Committee findings per Court request in July 08) ~~° ~ Revised 09.06-2008 Welcome to the Kerr County Team devised 09-06-2008 1 ~~, ~ J ~ Revised 09.06-2008 EMPLOYEE ACKNOWLEDGEMENT OF PERSONNEL POLICY HANDBOOK I have received my copy of the Kerr County Personnel Policy Handbook, which outlines my privileges and obligations as an employee and includes a summary of my benefits. I acknowledge that the provisions of these policies are part of the terms and conditions of my employment and that I agree to abide by them. I accept responsibility for reading, familiarizing, and compliance with the information in this manual and understand that it contains general personnel policies, procedures, and guidelines of Kerr County. If I-need clarification on any of the information in this manual, I will contact my Supervisor. I understand that additional explanation and/or information is available through the Kerr County Human Resources Department. I further understand that failure to sign this acknowledgement in no way diminishes the terms of these procedures applying to me. I clearly understand that this guidance handbook does not create a'contract for employment with Kerr County and Kerr County may change or modify the guidance, procedures, or policies found in this handbook at.any time. I further understand that mxemployment is terminable at will so that both Kerr County and its employees remain free to choose to terminate their working relationship of any time, with or without notice for any reason or no reason. I also acknowledge that as a Kerr County employee, I have a personal responsibility to provide quality service to the public, achieve'the highest degree of safety possible for fellow workers, the public, and myself. I also acknowledge that I have a personal responsibility to make suggestions for improvement and to demonstrate a spirit of teamwork and cooperation within my own department and with other departments. I agree to take a "fit for duty physical" upon my Supervisor/Department Head/Elected Official's request, when they believe that I have a health problem, which is affecting my job performance or endangering my fellow workers or myself I further understand that I will be granted compensatory time off in lieu of payment of overtime to the extent provided by law. I understand that if I leave the employ of Kerr County, I agree to return this handbook in its entire to the Kerr County Human Resources Director and complete an Exit Interview that includes necessary forms needed to process my separation. Employee Printed Full Name Employee Signature Date HR Printed Full Name HR Signature Date This receipt will become a Hart of your Emvloyee Personnel File. The Personnel Policy Handbook Govern Details of Your. Emvlovment. Read Thern Carefullv. 2 ~~~`~ ~ Revised 09-06-2008 Disclaimer: Nothing in this Personnel Policy Handbook constitutes a contract, express or implied. Ken County, at its sole discretion may modify, alter, delete, suspend, or discontinue any part or parts. of the policies, procedures, or guidelines in this handbook at any time, with or without prior notice to its employees. Unless otherwise specified, any such change to the Personnel Policy Handbook shall apply to existing as well as future employees. The Human Resources Department is responsible for developing and implementing personnel policies.. No employee may rely on or otherwise interpret a statement or promise by a supervisor, manager, department head, or elected official as constituting a change in policy, nor will any such statement or promise constitute an agreement between Kerr County and an employee. All Kerr County employees are what the law terms "at will"employees, and nothing in this Personnel Policy Handbook changes their "at will" employment status. An at will employee may end his or her employment at any time, for any reason, with or without notice to Kerr County, with or without cause. Likewise, Kerr County may terminate an at will employee at any time, with or without notice, for any~reason, with or without cause. Further, an at will employment relationship with Kerr County does not create an express or an implied agreement for continued employment for any period of time. 3 ~~~' ~ Revised 09.06-2008 PERSONNEL POLICY HANDBOOK These policies, procedures, and guidelines govern the Employees of Kerr County, Texas (the County) other than those covered by Personnel Regulations for certain Departments that are superceded by State or Federal Mandate. The Kerr County Personnel Policy Handbook becomes effective July 1,.2007. The Kerr County Personnel Policy Handbook supersedes all previous personnel policies, procedures, and guidelines and applies in the audit of payrolls in all cases except those in which the law makes a different provision for particular employment. The guidelines herein regarding conditions for payment of compensation and benefits apply to every employee of Kerr County. All other guidelines herein apply to every employee of Kerr County unless an Elected or Appointed official promulgates a different written policy on the subject applicable only to the official's employees. In these instances, the elected or appointed official takes responsibility for all areas of personnel guidelines, documentation, state and federal law adherence regarding employment practices, including but not limited to FMIA, COBRA, and Workers Compensation. In addition, in accordance with certain State or Federal statutes, these guidelines do not govern certain employees unless the board or appointing authority affirmatively elects to bind its employees to the guidelines herein. County employees have no employment tenure or guarantee. Kerr County employment is at '!, will and the County or Employee is free to terminate employment with orwithout notice at any time for any reason. These guidelines are solely for information and do not_constitute an employment contract or a guarantee of continued ~emplo ent. Kerr County reserves the right to alter, amend, delete, discontinue, modify, or suspend any part or parts of the policies, procedures, and guidelines in this handbook at any time, with or without prior notice to its employees. All amendments or changes become effective when adopted and entered in the Minutes of Commissioners' Court. The Kerr County Personnel Policy Handbook does not supersede any applicable State or Federal law or regulation. Department Heads/Elected or Appointed Officials shall ensure that a copy of the current Kerr County Personnel Policy Handbook and any amendment(s) are issued to each new and current employee. The Handbook shall be printed and available on the Kerr County Human Resources website currently residing at hip//www.co.kerr.tx.us/hresources/ . If any ambiguity arises as to the meaning or interpretation of these guidelines, the ambiguity shall be resolved in favor of Kerr County. These guidelines use the words "he," "his," and "him" when the meaning includes "she," "hers," and "her" and the words "she," "hers," and "her" when the meaning includes "he," "his," and "him". This wording is used solely for ease of reading and should not be interpreted as gender bias. 4 ~~ ~ Revised 09-06-2008 Personal Conduct Guidelines 1. We are here to serve the people of Kerr County. 2. It is our responsibility to provide consistent and efficient service in a courteous and friendly manner. First impressions are lasting. A bad impression is extremely difficult to overcome. 3. It is our responsibility to learn all we can and stay informed about the happenings within Kerr County. 4. We need to be good and sincere listeners; visitors and callers (internal and external) need us to understand and attempt to help them to the best of our ability. 5. We need to help get problems solved quickly and efficiently and if the problem needs to be transferred to another person or department, we should ensure that the transfer occurs. 6. When taking information down to complete atask/request ensure you have the date, time, name, telephone number, address, and as much information as possible to help with complering the task/request .(answer the questions: who, what, when, where, how, and why). Be responsive to telephone calls and other requests and attempt to respond on a timely basis (within 24 hours). 7. If you tell someone you are going to do something or make a promise to someone, you should complete the task. If you find that you cannot complete the task, you need to get back in touch with the person and explain why you are not able to do -what you said. This should be done in advance, prior to any deadlines or commitment dates to give the person enough time that the task can still be completed without additional hardship. Don't over commit... 8. Treat others how you want to be treated -with dignity and respect. Employees will not raise their voices (yell or scream) at the public, other employees or department heads and will behave in a professional manner. 9. Employees should arrive and commence to work on time. 10. Appearance and dress must be appropriate to our jobs. Designer clothing is not necessary but a neat, orderly appearance is important. Public perception that we are professional is important and one way the public judges. us is by our appearance. 11. County employees are trustees of public funds, records, and property. The actions of all County employees should reflect adherence to these principals. 12. Public service not only requires we obey the law but also mandates that we do not give any appearance of impropriety or the use of our position for personal gain or advantage or the detriment to others. 5 ~~~ ~ Revised 09.06-2008 WELCOME TO KERR COUNTY -HISTORY Kerr County (L13) is fifty miles northwest of San Antonio in the Edwards Plateauq" .region of south central Texas. The irregularly shaped county is bounded on the northeast by Gillespie County, on the east by Kendall County, on the south by Bandera County, on the southwest by Real County, on the west by Edwards County, and on the northwest by Kimble County. The county was named for James Kerr,`" an Old Three Hundred`" colonist and an important figure in the Texas Revolution ~" Kerrville is the county seat, and Ingram is the only other incorporated community. Interstate Highway 10, U.S. highways 83 and 87, and State highways 16, 27, and 39 serve the county. Kerr County is drained by the Guadalupe River and its tributaries and covers 1,107 square miles of undulating to hilly land with elevations that range from 1,500 to 2,000 feet above sea level. Annual rainfall is thirty inches. The county is in the Edwards Plateau vegetation area, characterized by buffalograss, wildrye, and switchgrass, and by live oak, shinnery oak., junipers, and mesquite trees. Kerr County is in a region that has been the site of human habitation for thousands of years. Archeological artifacts found in the area, particularly along the Guadalupe River and its forks, suggest that human inhabitants arrived between 6,000 and 10,000 years ago. During historical times Lipan Apaches, Comanches, and Kiowas hunted in the region. Spanish military units traversed the area while attempting to defend San Antonio from Apache incursions in the mid-eighteenth century. The first attempt at Anglo settlement in the area of the present Kerr County occurred in 1846 when Joshua D. Brown led a group of ten men to the Guadalupe River and established ashingle-making camp at the site of present Kerrville. They were soon driven off by Indians, only to return to the site, which they named Brownsborough, in 1848. A number of settlers moved into the area in the early 1850s; erecting sawmills on the various streams and establishing farms. Indian raids became increasingly troublesome in the early 1850s, and in response the United States Army established a post at Camp Verde in southern Ken County on July $, 1855. This post became the headquarters for the famed experiment with camels`" as transport, and promoted development in the area as well as providing protection. Settlers faced the dangers of Indian attack for the next twenty years, and the final raid took place in 1878. On January 26, 1856, Kerr County was formed from Bexar Land District Number 2. Brownsborough changed its name to Kerrville and became the county seat. The county was organized and held its first election in March of that year. For several years the new county seat grew slowly due to its remoteness and exposure to Indian attacks, and in 1860 county residents decided to move the county seat to Comfort, amore well-established community to the east. Two years later, when. Comfort became part of the newly established Kendall County, the county seat was returned to Kerrville. By 1860 Kerr County had' a population of 634. Many settlers had come to the county from the upper south; particularly from Tennessee, while substantial numbers of German immigrants moved down from the settlements at Fredericksburg and New Braunfels. Cattle and sheep ranching established an early dominance over the county economy; by 1860 there were over 4,000 cattle and 1,100 sheep, while only 2,201 acres of farmland were devoted to crops. A second community, Zanzenberg (later renamed Center Point), was established southeast of Kerrville and received a post office in 1859. 6 ~° ~ Revised 09.06-2008 The county was divided over the secession`" question in 1860, narrowly voting in favor of secession 76 to 57. Most of the sizeable numbers of German settlers were opposed to leaving the Union, while most of the Anglo settlers favored secession. Unionists from Kerr, Gillespie, and Kendall counties were among those who participated in the formation of the Union League" in the summer of 1861, and by the summer of 1862 formed companies to protect the frontier against Indians and their families against local Confederate forces. As tensions increased during July of 1862 Kerr and other counties were declared to be in rebellion against the state of Texas, and Confederate forces were ordered to take measures to suppress the rebellion. In reaction to this a party of unionists, mostly German immigrants from Gillespie, Kendall, and Kerr counties, rendezvoused on Turtle Creek in Kerr County and headed south to seek asylum in Mexico. Confederate forces intercepted them and most were killed at the battle of the Nueces`" in Kinney County or while attempting to cross the Rio Grande. Men from the county served in the war on both sides, with most serving in state regiments allocated to frontier service. While the divisiveness attendant on the Civil War`" caused lasting bitterness in the county, the county economy recovered quickly. The number of farms and ranches more than doubled between 1860 and 1870, then doubled again during the 1870s to reach 289 in 1880. At the same time the county's population increased to 1,042 in 1870 and 2,108 in 1880. Cattle and sheep ranching dominated the local economy, and wheat and corn were the most important crops. In the decade of the 1870s sheep ranching developed dramatically as the number of sheep more tham tripled to reach 15,504 in 1880. In 1880 the YO Ranch was founded by Charles Armand Schreiner," a Kerrville merchant and civic leader. The YO grew into an immense cattle, sheep, and goat ranch, which at one time contained 600,000 acres. The San Antonio and Aransas Pass Railway built through Kerrville in 1887, further stimulating the county economy. Kerr County's population more than doubled during the 1880s, reaching 4,462 in 1890, then grew more slowly to just under 5,000 in 1900. By 1900 the cattle industry had reached its peak, with some 56,000 head on county ranches. Sheep ranching also expanded during the same period, as the number of sheep in the county increased from 15,504 in 1880 to 37,115 in 1900. In 1910 the number of sheep in the county overtook the number of cattle, and the sheep industry continued to grow as the cattle business declined during the 1920s and 1930s. Goat ranching also. became an important Kerr County industry in the early decades of the twentieth century. While there were only 4,653 goats in the county in 1900, that number had increased to 63,508 by 192D. The 1920s were a decade of dramatic growth for both sheep and goat ranchers. Between 1920 and. 1930 the number of sheep more -than tripled to 154,468 head, and oyes a million pounds of wool were shipped in 1930. During the same decade the number of goats increased more than 2~i times to reach just under 160,000 in 1930, when over 667,000 pounds of mohair were shipped. Kerrville was called by many the "Mohair Capital of the World." Kerr County's human population grew slowly during the early decades of the century, reaching 5,505 in 1910 and 5,842 in.1920. Just. as the 1920s saw dramatic growth in the ranching industry, the population of the county also increased rapidly during the decade, almost doubling to 10,151 inhabitants in 1930. .The early twentieth century witnessed the beginnings of the tourist industry in the county. The Westminster Encampment`" for Presbyterians, the first of these church run camps, was. established in 1906, and the Methodist Kerrviue Assembly Grounds were 7 ~~ ~ Revised 09-06-2008 established in 1924. The Country Cowboy Camp Meeting was established in 1939. A related development was the growth of summer camps and dude ranches. By 1950 there were twelve summer camps in the county, and by 1989 that number had grown to over thirty camps serving more than 23,000 children. By the 1920s Kerr County had developed a reputation as one of the healthiest locations in the country, a reputation that led to significant developments in county health care and demographics. Several sanatoriums had cared for patients with pulmonary complaints in the late nineteenth and early twentieth centuries, and in 1919 the American Legion9" of Texas established what would eventually be called the Veterans Affairs Medical Center, Kerrville.a'' The Sid Peterson Memorial Hospital was completed in 1949, and the Kerrville State Hospital`" was opened in 1951. The county was amacting increasing numbers of retirees by the 1950x, drawn by the available medical facilities as well as by the quality of life. In 1970, 24 percent of the county population was over the age of sixty-five. By the 1980s a number of senior citizen communities had been developed, particularly in the Kerrville area. In addition to the large number of deer native to the county, Kerr County became an early center of the exotic game industry, and Kerrville is the headquarters of the Exotic Game Association. The Kerr Wildlife Management Area4'' has studied the interaction of domestic, wild, and exotic animals since the 1950s and supervises controlled deer-harvesting through hunting programs. Ken County also draws visitors for its musical and artistic events. The Hill Country Arts Foundation, founded .in 1958 in Ingram, runs a variety of programs for the arts and attracts professional and amateur artists, musicians, and actors to the county every summer. In 1972 two Kerrville festivals were held for the first time. The Texas Arts and Crafts Fair,q" held annually in May, featured some 250 artists and drew crowds in excess of 30,000 by the 1990s: The Kerrville Folk Festival,' a popular showcase for Texas performers, operated independently of the arts and crafts fair after 1972, and was attracting crowds of 25,000 by the 1990s. Kerr County has also become a manufacturing center since the 1950s. In 1954 the Mooney Aircraft Corporation began to manufacture small aircraft in Kerrville, and by 1969 they had expanded to become the largest employer in the county, with 549 workers. James Avery Craftsman, a jewelry manufacturer, was also founded in the 1950s. While some crops are still. harvested in the county, livestock raising has continued to be the dominant agricultural activity, and the sale of livestock and livestock products accounted for 97 percent of agricultural receipts in 1980. In recent decades the county has continued to prosper from its mixture of agriculture, tourism, health care, and manufacturing, and as a site for retirement communities and country retreats. During the 1970s the population jumped almost 68 percent to 28,780 in 1980, increased another 80 percent to reach 36,304 in 1990, and was estimated to increase another 73% to reach 46,496 in 2007. Mark Odintz Handbook of Texas Online, s.v. "," http•//www tsha utexas edu/handbook/online/articles/KK/hck6.html (accessed May 8, 2007). (NOTE: "s.v." stands for sub verbo, "under the word.") 8 ~~.~ ~ Revised 09.06-2008 Purpose of the Policy Handbook Whether you are a new or experienced member of the Kerr County team, this handbook has been designed to inform you of Kerr County's policies and procedures. This guide is not exhaustive and does not address all policies and procedures for Kerr County employees but rather focuses on those policies and procedures-that are most often of interest and concern to employees. This handbook is your reference tool for many questions you may have about Kerr County employment, so please read it carefully and familiarize yourself with the contents. Any provision of this guide that conflicts with any law are superseded by that law. If you find that you have questions, please do not hesitate to talk with your immediate Supervisor or your Human Resources Representative. As Kerr County continues to grow, Kerr County may supplement or rescind any policy/guidance or portions of the handbook in its sole and absolute discretion. The only exception to any change is our employment-at will status permitting the employee or Ken County to end their relationship for any reason at any time -this remains constant. This handbook does not create/constitute an employment contract nor any contract between Kerr County and the employee or guarantee continued employment. Employees will be notified of changes to the handbook as they occur. 9 ~~ ~ Revised 09-06-200$ 1.00 Personnel Policies 1.01 Authoritv All policy amendments, revisions, or new policies must be approved by Court Order by Ken County Commissioner's Court. The Court may take such action without notice to any individual employee. It is the responsibility. of each employee to review the posted agenda of the court to inform themselves of any proposed changes. After the amendments have been adopted, the Human Resources office shall distribute copies to Elected or Appointed Officials and Department Heads for distribution to all employees. The responsibility for Policy Administration is divided among County offices as follows: A. Commissioner's Court establishes and oversees general personnel policies. B. Human Resources Director serves as the resource to elected officials, department heads, and employees on personnel matters and policies. The office distributes copies of newly created and updated policies to elected officials and department heads for further dissemination to employees.. It is during new employee orientation that new employees are first advised of Kerr County policies. HR also maintains the Employee Policy Handbook and makes recommendations to Commissioner's Court regarding needed policy changes and additions. C. Elected officials and department heads are responsible for implementing these policies in a fair and consistent manner in all areas over which they have responsibility. D. All regular full-time employees are given a copy of the Employee Policy Handbook at new employee orientation; part time employees are given a copy by their departmental representative. 1.02 Circulation of Personnel Handbooks The County Judge, County Clerk, and the County Human Resources Director will maintain complete copies of the Personnel Handbook with all revisions for reference by employees. The Human Resources Director will also provide a copy of this handbook and copies of all revisions to each Department Head, who in turn will make the updated material available to employees. 1.03 Employee Suggestions If you have any suggestions for policy or procedure changes, please submit them in writing to your immediate Supervisor or the Human Resources Department. It will be helpful toward our continuing review of policies and all the current suggestions for modifications in them. For your convenience in submitti .recommendations please use the form provided. at the end of your handbook Policy and procedure suggestions will be reviewed periodically. 10 ~, ~ Revised 09.06-2008 1.04 Employee Relations Kerr County believes people are the most important asset in serving our county. Each employee is a valued member of our team and provides support to help ensure that all areas of the County government runs effectively and efficiently. You will be treated with dignity, honesty, respect, -and fairness and provided safe, professional working conditions, competitive salaries, and benefits. Kerr County believes that using this direct approach is the best way to maintain positive working relationships. 1.05 Courtesy Guidelines We are friendly, respectful, and helpful to all our customers, the public, and anyone we may deal with, even if we are unable to fulfill their requests. We are friendly with each other and treat each other with dignity, courtesy, and respect. The terms "please," "thank you," and "you're welcome" should be a part of our conversations with our customers, the public, or anyone we come in contact with. Being disrespectful, rude, or demeaning with others will not be tolerated. 1.06 Ouen Door Policy Kerr County believes that employees are its most important resource. Open communication and trust is important to employees. Kerr County values its employees' constructive opinions and suggestions and encourages an employee to meet and discuss. suggestions, problems, or concerns with their management. In most instances, talking with your immediate supervisor is the most effective way to deal with a challenge or suggestion. However, if your supervisor cannot resolve the matter satisfactorily, or is personally involved in your concern, the employee may also discuss challenges or suggestions with your Department Head by using the following procedure: Discuss the challenge or suggestion with your immediate supervisor. If the discussion does not result in a resolution or if your supervisor is too closely involved in the matter to be objective, you have the right to take your concern to the next level of management, your Department Head or Human Resources and discuss the matter with them. By helping to solve problems, management also benefits by gaining valuable insight into possible defects in existing procedures or the need for new methods. While there may not always be automatic answers to every situation, Kerr County employees do have an avenue open at all times to resolve problems that may arise. 1.07 Apuearance Guidelines A friendly and professional work environment is essential. to effective employee relations. Work environments can influence employee productivity and morale. Kerr County's goal is to establish an environment providing a safe, productive, and comfortable workplace while maintaining abusiness-like appearance.. The purpose of the Appearance Guidelines is to provide all employees with models for professional appearance, which includes attire and personal grooming standards. 11 Revised 09.06-2008 Employees are required to present a professional image to our customers, the public and fellow employees. All clothing should be clean and neatly pressed and appropriate for the business setting. Further explanation and documentation will be provided by your Elected Official /Department Head. Each elected official or department head shall provide a current dated copy of their individual department appearance guidelines to the Human Resources Department to be placed on file. 1.08 Nature of Emuloyment Employment with Kerr County is an "At Will" Status. All Kerr County employees are what the law terms "at will" employees, and nothing in this Personnel Policy Handbook changes their "at will" employment status. An at will employee may end his or her employment at any time, for any reason, with or without notice to Kerr County, with or without cause. Likewise, Kerr County may terminate an at will employee at any time, with or without notice, for any reason, with or without cause. Further, an at will employment relationship with Kerr County does not create an express or an implied agreement for continued employment for any .period of time. 1.09 Budget Authorization If a department's budget does not contain a line item or position for employee salaries, the Department Head must obtain authorization from Commissioner's Court before hiring any employee(s). Prior coordination with the Human Resources Department regarding grade and salary amount is required (PAC form). 1.10 Position Announcements Department Heads must send a notice of any position openings in which there will be competitive consideration to the Human Resources Department for posting (exception: Sheriff's Office and Jail). Human Resources will notify County employees and the public by posting within the Kerr County Courthouse, Kerr County Human Resources Website, and local newspaper advertisement. The normal length of posting rime during which applications will be accepted is five (5) business days. From time to time, jobs maybe filled without posting notices. Any positions posted maybe closed or extended at any particular time during the advertisement period, at the discrerion of the Department Heads of Kerr County. 1.11 Recruitment Methods The typical methods of recruiting personnel to fill vacancies within Kerr County include but are not limited to the following: • Promotion from within • Transfer from within • Public Advertisement 12 ~~~~~' ~ Revised 09.06-2008 • Job Training Program Referrals • Selection from a current eligibility list in which recruitment was conducted within the prior thirty (30) days • Temporary Agencies • Occasionally fill positions without posting due to short notice, emergency requirements, or special skills/experience. 1.12 Selection of Employees Each Department Head is responsible for selecting people to fill each vacant position within the pay limits set by the Commissioners' Court. Human Resources will assist by screening applicants to help ensure they meet the minimum acceptable requirements for the position using job descriptions. Department Heads and Human Resources will coordinate and complete interviews for all final applicants. Department Heads are responsible for the final selection of the new hire. 1.13 .Employee Medical Examinations Medical examinations maybe required depending on the position being filled. Any offer of employment is contingent upon satisfactory completion of a drug test and background investigation. Personnel requiring a physical or psychological examination will not be allowed to start work until their exams results are received, showing they have been cleared for duty by an approved medical authority. All information of an employee's medical condition or history will be kept separate from other employee information and maintained confidentially by Human Resources, in compliance with HIPPA requirements. Access to this information will be limited to those who have a legitimate need to know. Exception: Law Enforcement agencies Depamnent Heads will keep their employee's medical condition or history in compliance with HIPPA requirements. Access to this information will be limited to those who have a legitimate need to know. 1.14 Prior Service with Kerr County New hires with prior Kerr County service maybe considered for appointment above the customary entry salary level. Employees rehired to fill regular full-time positions with the County may receive credit for their prior length of service as regular full-time employees for longevity pay purposes, only rf the break rn service rs 90 days or less Any break in continuous service with the County forfeits all vacation, personal leave, and health leave benefits accrued prior to the break in service. Rehires do not revert nor receive prior sick, vacation, or comp time balances. A previous hire returning to work in with Ken County may buy back pension credits in accordance with retirement system rules (TCDRS, see Auditor for more details). 1'3 I~~° ~ Revised 09-06-2008 1.15 Performance Appraisals Employees other than Department Heads or who have at least six (6) months of continuous service .will receive an Annual performance appraisal. Annual appraisals are to be completed by September 15~' each year. Copies of these appraisals must arrive to Human Resources no later than September 30`s each year to be added to employee files. Department Heads are strongly encouraged to set up employee appraisals using the Appraisal Guidelines and Forms available in the Human Resources office. Kerr County may award step adjustments in an attempt to recognize employee performance. Employees without performance appraisals aze not eligible for a step or grade increase. The final decision for a step adjustment is dependent upon several factors including but not limited to the following: • Performance Appraisals • Fund availability • Approval of Commissioners' Court A merit increase is advancement to a higher step in the same pay grade. Merit increases cannot increase an employee's salary beyond the maximum for the pay grade of the position. Merit increases are not used to recognize increased duties or responsibilities in a higher grade (i.e. promotion). Performance based merit ("step") increases are awarded on an annual basis and should be included in the budget process to allow for discussion and approval by Commissioner's Court: Kerr County maintains a classification plan that assigns each class of positions to a pay group based on the principle of equity and parity among positions requiring similar knowledge, skills, abilities, and having similar levels of responsibility. Classification of jobs is completed for the position, not for the person currently filling or being considered for the job. For purposes of classification pay administration, the following definirions apply: • A job description is a written description inclusive of the duties, responsibilities, reporting relationships, requirements, skills, and abilities for a position. • The Step/Grade pay plan is a document that assigns a dollar value to each job class; groups these classes into pay grades, and arrange pay grades on a pay schedule showing step/grade, salary, and ranges for each grade. 14 ~IR~~' ~ Revised 09.06-2008 The intent of reclassifications is to correct pay group classifications that no longer reflect the value of a position that over time has undergone significant changes to responsibilities. Considerable deliberation must be given to the determination if an increase in authorizations or added job responsibilities is more appropriate to accommodate the changes in workloads versus raising salaries through reclassification. Employees being reclassified will be place in the step of the new pay grade that does nit decrease their current pay. Employees who move from a higher pay grade. to a lower pay grade may (per Commissioners' Court) be placed in the step at the lower pay grade equal to the step they held. Employees' who are promoted/reclassified transferred and have less than six (6) months from the effective date of the promotion/reclassification/transfer is ineligible for merit consideration that year. 1.19 New Hire Waves New employees will be hired at the entry level of the pay grade to which the position is assigned. However, Department Heads can consider and request Commissioner's Court approval to hire at a higher step within a grade due to education, experience, or an advanced skill set of the new hire provided the department budget .does not require an increase to accommodate the request and there is documented justification for the request. Commissioner's Court must approve all deviations to this policy and a copy of the Court Order must be sent to Human Resources to be placed in the employee file. No payroll changes will be made without a fully completed PAC. 1.20 Promotions Promotions must be recommended by the employee's supervisor and approved by their Department Head within the position schedule and budget limits approved by Commissioners' Court. All promotions are subject to Commissioner's Court approval. If approved, a PAC must be completed including all signatures and the Court Order approving the' promotion and a copy sent to Human Resources for the employee's file. Employees who are promoted and have less than six (6) months from the effective date of the promotion are ineligible for merit consideration that year. A change of title that results in a loss of pay does not constitute a promotion. No payroll changes will be made without a fully completed PAC. 1.21 Transfers. Transfers maybe made within the same department or between departments at the Department Head's discretion. Employees are eligible to request: transfers, provided the 15 ~ ~' ~ Revised 09.06-2008 employee has had a satisfactory performance record. Employees who transfer will retain the same effective employment date and all accrued vacation and sick leave. The Department Heads should mutually agree upon the timing of the employees' release. The employees' pay may remain the same, be at a higher rate, or a lower rate depending upon the salary range of the position. Department Heads shall coordinate with the Human Resources Director on any transfers. The "at will" employment relationship is not altered due to the transfer. 1.22 Demotions Demotions are a change in duty assignment of an employee to a lower paid position. Demotions maybe made for the purpose of voluntary assumption of a less responsible position or as a result of a reclassification of the employee's position, or as a disciplinary measure due to unsatisfactory performance in a higher position. Voluntary and Disciplinary demotions always involve a decrease in pay. The employee's Department Head conducts the demotion process. Prior to completing a demotion, the department shall coordinate with the County Attorney and Human Resources Director. 1.23 Assigned Staff Staff members who are assigned to Ken County, but are paid directly by another government or private organization are not employees of Kerr County. As a condition of their assignment, such staff members are governed by all terms of these policies not in conflict with their contract for services. 1.24 Telephone ~ Address Information Each employee may choose whether the public shall have access to the employee's home address/telephone number. If a new employee does not request confidentiality, the home address and telephone number on file are considered public information (does not apply to law enforcement personnel). However, employees may change their election for disclosure or confidentiality at any time by contacting Human Resources and completing the Confidentiality Election form. 1.25 Employee Bulletin Boards Notices will be placed on the Kerr County and/or Department bulletin boards and on .the Ken-County Human Resources website. Such notices include but are not limited to: posters. required by Federal, State, or Local govemment, rules and regulations, events, or information deemed appropriate. Employee Bulletin Boards are located throughout Kerr County Facilities including but not limited to the following locations: • .Employee Break rooms • Within each Department • Human Resources Employees should check bulletin .boards and the Ken County Human Resources website regularly for new materials. Bulletin boards should be used as a reference source as many 16 ~~~ ~ Revised 09.06-2008 of the materials will answer questions regarding wages, overtime pay, equal employment opportunity, job safety, workers compensation, affirmative action, and job openings. 1.26 Emplovment of Relatives Nepotism is showing favoritism toward a relative. The practice of nepotism in hiring personnel or awarding contracts is prohibited by Kerr County. No person maybe hired who is related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any member of the Commissioner's Court or to the Department Head for whom he/she works. For the purposes of this guidance, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. No person may continue Kerr County employment that is related in one of the prohibited degrees unless the employee has been employed continuously by Kerr County for a period of • At least thirty (30) days, if the officer or member is appointed; • At least six (6) months, if the officer or member is elected in an election other than the general election-for State and County officers; OR • At least one (1) year, if officer or member is elected in the general election for State and County offices. Relatives, as described in paragraph one (1), may only be hired if they are not in the same operational chain of command. The following categories apply: • Spouses -.may not work in the same operational chain of command (if one of the spouses is, or can be through the delegation of supervisory control, in a supervisory position, the other may not be hired in that department. • .Parents/Child(ren) -may not be hired by the same department • Siblings -may only be hired provided they are separated by either (a) separate scheduled shifts, (b) are on a separate crew, and (c) the. other is not in a supervisory position, or can be through the delegation of supervisory control, over the shift workers or crew members. For further clarrfrcatron, see AppendixA 1.2? Medical Privacy '`*Sheriff's Office and Jail -see Sheriff's Personnel Policy Handbook **Juvenile Detention Center -see JDC Handbook **Juvenile Probation -see JPO Handbook ""Road & Bridge -see their Supervisor 1: Certain medical .information is collected by Kerr County for reasons authorized by law- (FMLA, ADA, etc.), or to prove eligibility for a County benefit program. Such information is voluntary but failure to do so can result in the benefit being denied or delayed, pending receipt. 2. Human Resources is the only office authorized to maintain employee medical files ,mentioned above (exceptions: Sheriff's Office/Law Enforcement, JDC, JProbation 17 ~I~~~~ ~ Revised 09-06-2008 Office, or Road & Bridge who maintain copies for Law Enforcement/TCLEOSE certifications, Juvenile TJPC certifications, and DOT rules and regulations). Access to such files is limited to a need-to-know basis. 3. Other medical information pertaining to active employee claims shall be reported to the County by the Third Party Administrator (TPA) on a weekly/monthly basis. This information is provided to assist the County Insurance Liaison in managing the claims process, and to develop premium rates for the next year, and for no other reason. The County (Auditor/Treasurer/HR) destroys this information annually once new rates are established. 1.28 Severability If any provision or part of a provision of these guidelines is held invalid, illegal, or unenforceable, it will not affect the validity of the remaining provisions or parts of provisions, which will remain in effect. In cases where Federal or State laws or regulations supersede local guidelines for specific groups of employees, such laws or regulations will substitute for these personnel guidelines only insofar as necessary for compliance. Section 1 was comyleted and agreed uuon initial and subsequent meeting attendees Review, discussion, and approved unless 18 ~~' ~ Revised 09-06-200$ 2.00 Seyaration 19 I@~ ~ ~ Revised 09.06-2008 2.02 Tomes of Separation All separations from employment shall be designated as one of the following: • Resignation, • Retirement, • Dismissal/Discharge • Reduction in Force (Layoff), or • lleath Human Resources will conduct an exit interview with employees prior to leaving Kerr County service. 1. Resignation - is classified as any situation in which an employee voluntarily leaves his/her position with Kerr County and the separation does not fall into one of the other categories. To resign in good standing, the employee is required to notify his/her supervisor of the intent to resign, in writing, at least 10 business days prior to the last day of work. Failure to e~ive a 14-dav notice will also result in the forfeiture of anv vaid leaves (vacatiotil. A supervisor is responsible for notifying the Human Resources Department as soon as an employee announces his/her intent to resign. An employee who resigns in good standing will normally be required to-wait at least ninety (90) days before reapplying for employment with Kerr County. Retirees should consult Department Head and Human Resources. regarding re-employment. 2. Retirement -The same requirements for resignation apply to retirement except that the employee should notify his/her supervisor, in writing, at least thirty (30) days prior to the last day of work but no more than ninety (90) days prior to the date of retirement so that any retirement benefits due may be started promptly. Kerr County is a member of the Texas County and District Retirement System (TCDRS) and the prospective retiree must complete the application for retirement form, reviewed and submitted by Human Resources to TCDRS within the time frame discussed above. The effective date specified in the application must be the last day of a calendar month and shall not be a date. preceding the separation of the employees' employment with Kerr County. Employees must meet age, length of service, and other criteria to receive retirement benefits from Kerr County (see Human Resources for additional information).. 3. Dismissal/Discharge/Separation - Is classified as an involuntary, separation from employment that does not fall into one of the other categories. 20 ~~,~~~ ~ Revised 09-06-2008 4. Reduction in Force - Is a separation because of reduction in force when a position is abolished or terminated. Decisions regarding individual separations may be based on but are not limited to the following: • Consideration of the necessity of each position to the County, • The performance record of each employee, and • Qualifications of the employee for remaining positions 5. Death - If an employee dies while in the service of Kerr County, the employee's designated beneficiary or estate shall receive all earned pay and payable benefits. 2.03 Guidance regardine Layoffs Although such an action is avoided whenever possible, employees of Kerr County may be laid off when a Department Head deems it necessary. A layoff does not necessarily reflect negatively on an employee or on their ability to be rehired or to do the job in which they were employed. Whenever possible, employees who are laid off in one department maybe transferred into another department. If layoffs are required, that shall be based first on the continuing need for a particular function. In cases of potential layoffs, the Department Head shall coordinate with the County Attorney and Human Resources Director. 2.04 Abandonment of Position An employee who is absent without leave or prior notice for more than two (2) days shall be deemed to have resigned his position unless otherwise determined by the Department Head. An employee who has abandoned his position is not in good standing and is not eligible to be re-employed. District Clerk Linda Uecker Tax Assessor Diane Bolin HR Director Eva Hyde HR Rep Jacqui Magenheimer 21 Committee Members attending the meeting included: Judge Tinley County Attorney Rex Emerson Commissioner Bruce Oehler Asst. County Attorney Ilsa Bailey ~~ ~ Revised 09.06-2008 3.0 Emyloyment and Employee Standards and Practices 3.01 Orientation and Training Human Resources provides a general orientation for new employees about employment with the county including information about the structure, functions, and services of county government. Information concerning medical benefits will be provided to the employee once they have met the required waiting period established by Kerr County, which is-thirty (30) (60 Or (90) days from employment with benefits beginning the first day of the month following the 30`~ day of employment. Before an employee begins performing his/her actual duties, they will receive a brief orientation conducted by the Department Head or by a designated department representative. 3.02 Equal Employment Oyuortunity Ken County does not discriminate on the basis of race, color, religion, political affiliation, handicapped condition, national origin, sex, or age in recruiting selection, training, raises, promotions, terminations, discipline, layoff, use of employee facilities or programs, or any other condition or privilege of employment except where age or sex is a bona fide occupational qualification (BFO~ or where it is required by state or federal law. Reasonable accommodation will be made for otherwise qualified handicapped individuals to afford them the same opportunities for selection and all conditions and .privileges of employment as non handicapped applicants and employees. . Determination of reasonable accommodation is made through consultation with the employee, His/her doctor, County Attorney, HR, and/or organizations knowledgeable in determining various handicaps. 3.03 Categories o~ Employment **SHeriff's Office and Jail -see Sheriffs Personnel Policy Handbook "*Juvenile Detention Center -see JDC Handbook "`*Juvenile Probation -see JPO Handbook • Full-Time Reeular (R32+1-Those who are not in a temporary status and who are regularly scheduled to work in an authorized position afull-time schedule of 40 hours per week. No person maybe considered afull-time regular employee unless they are filling a budgeted full-time position that is supported by the position schedule and an approved job description. These employees are eligible for Kerr County's benefit package, subject to the terms, conditions, and limitations of each package. 22 ~~~ ~ Revised 09.06-2008 • Part-Time Rerular (R3?r) -Those who are not assigned to a temporary status and are regularly scheduled to work fewer than the county full time schedule, not more than 32 hours per week but at least 20 hours per week. While they do receive all legally mandated benefits such as social security, retirement, (if worked 900 or more hours per year) and workers' compensation insurance, they are also eligible for Ken County's sick and vacation leave on a proportional basis. They are not eligible for other benefit programs unless approved by order of the Commissioners' Court. No person maybe considered a part time regular employee unless they are filling a budgeted part time position that is supported by the position schedule and an approved job description. Part time regular employees are paid out of a part time line item within the budget. Employees paid out of a part time salary line item may not without prior approval of the Commissioner's Court or in an emergency, work more than 1248 hours per year. • TemaorarvFull/Part=Time - A temporary employee is hired to complete a specific project within a specified period of time, not to exceed 12 months. Temporary employees may work full or part time. All personnel whose salaries are paid out of a part time line item in the budget are temporary employees regardless of the length of time they have worked for the County and regardless of the number of hours they work. Personnel paid out of a part time salary line item do not normally work more than 900 hours per year. Employees paid out of a part time salary line item may not without prior approval of the Commissioner's Court or in an emergency, work more than 900 hours per year. Temporary employees receive all legally mandated benefits (such as social security and workers' compensation insurance) but are not entitled to the County's other benefits programs. • Vocational (VOE) /Intern (Co-Ov) Students - VOE and Intern students are employed by the County in co-operation with local schools. Students must be actively enrolled in school (with passing grades) to remain eligible for this category. They are eligible for all mandatory benefits with the exclusion of workers' compensation and unemployment. • Casual -Employees who have established an employment relationship with Kerr County, but are assigned to work on an intermittent and/or unpredictable basis. While they receive all legally mandated benefits (social security, workers' compensation insurance), they are ineligible for all of Kerr County's other benefits programs. 3.04 Attendance and Timeliness Absenteeism and tardiness place a burden on other employees and Kerr County. Employees unable to work as scheduled will notify their supervisor as soon as possible in advance of the anticipated absence or tardiness, the reason and when they can be 23 ~~ ~ Revised 09-06-2008 expected to report to work. Employees who are more than thirty minutes late, and have not notified their supervisor of their expected tardiness may lose the right to work the balance of the day. Employees are expected to personally call on each day of absence or tardiness. Unauthorized/excessive absences or tardiness is disruptive for the workplace and either will lead to disciplinary action, up to and including separation of employment. Employees absent from work two (2) days without giving proper notice to their supervisor as instructed above, shall be deemed to have resigned their position unless otherwise determined by the Department Head (see 2.03 Abandonment of Position). An employee who has abandoned their position is not in good standing and is not eligible for re-hire. Kerr County is accountable to the taxpayers for the expenditure of public funds; therefore, its pay system is premised on principles of public accountability that prohibit the government from paying employees unless they actually perform work or have Paid Leave available. Deductions from pay (as authorized by law) will be made for all unexcused absences and for those excused absences not authorized as paid absences. 3.05 Outside Employment and Activities An employee of Kerr County shall not engage in any activity or other employment that adversely affects his/her ability to effectively carry out the duties and responsibilities of his/her job. An employee accepting other employment while still being employed by Kerr County must notify their supervisor before beginning such work except in cases where the work maybe occasional or casual. However, if the work affects the job performance, regardless of the type of employment, the employee can be asked to terminate said outside employment. In addition, due to periodic updates to job descriptions/requirements an employee previously approved for outside employment maybe asked to quit said outside activity if it impairs their ability to do their job. s 3.06 Emnlovee Conduct and Work Rules To ensure orderly operations and provide the best possible work environment, Kerr County expects employees to follow rules of conduct that will protect the interests and safety of all employees and the public.. It is not possible to list all types of behavior that are considered unacceptable in the workplace. Violations of the rules of conduct will result in disciplinary action, up to and including separation of employment. The following listings of rules of conduct violations are examples that include but are not limited to: - Theft/inappropriate removal possession of property (including electronic records) - Falsification of County records - Working under the influence of alcohol illegal drugs - Fighting or threatening violence in the workplace 24 ~~.~ ~ Revised 09.06-2008 - Negligence or improper conduct leading to damage of employer-owried or customer or public property - Falsification of employment documents - Insubordination or other disrespectful conduct - Violation of safety or health rules - Sexual or other unlawful or unwelcome harassment - Possession of dangerous unauthorized materials, such as unlawful knives, explosives, or firearms in the workplace not related to employment. - Falsification of timekeeping timecard/payroll information - Excessive absenteeism or absence without notice - Violation of personnel handbook guidelines - Unsatisfactory performance or conduct - Unprofessional behavior towards members of the public, other employees or department heads (includes verbal abuse) 3.07 Return of Property Employees must return any/all Kerr County property immediately upon request or upon separation of employment. Kerr County may take all action authorized by law and deemed appropriate to recover or protect its property. Employees are responsible for items issued to them by Kerr County or in their possession or control, included but not limited to the following: 'edocuments materials - .Equipment and/or tools - Credit Cards - Identification cards badges/security passes - Protective equipment and uniforms 3.08 Chain of Command "`"Sheriff's Office and Jail -see Sheriff's Personnel Policy Handbook **Juvenile Detention Center -see JDC Handbook "*Juvenile Probation -see JPO Handbook Employees are responsible to the appropriate Department Head or a supervisor designated by the Department Head. Directions regarding work to be completed, expected results, and the minimum acceptable requirements of work performance will normally follow the chain of command within the department or as specifically authorized by other Kerr County policies. For further clarification, see Appendix B 25 - Pagers and Phones - Vehicle Insurance 1~~`~ ~ Revised 09-06-2008 3.09 Solicitation People not employed by Kerr County may not solicit or distribute literature in the workplace at any time for any purpose. Kerr County recognizes employees may have interest in events and organizations outside the workplace however; employees may not solicit or distribute literature concerning these activities during working time (Working time does not include lunch periods or work breaks). In addition, the posting of written solicitations on County bulletin boards is restricted. If employees have a message of interest to the workplace, they may submit it to the Department Head for approval. If approved, the Department Head should sign and date the posting and the employee can then post. See Community Events Policy (web page) for further information regarding postings. 3.10 Conflict of Interest Officers and employees of Kerr County will neither have. financial interest in the 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 Kerr 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 their performance of duties for the county or that they know or should know is offered with the intent to influence the employee's performance • .Accept employment or compensation that might reasonably induce them to disclose confidential information acquired in the performance of official duties • 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 • Accept outside employment or compensation that might reasonably tend to impair independence of judgment in performance of duties for the county • Solicit, accept, or agree to accept a financial benefit from another person in exchange for having performed duties as a county employee or officer in favor of that person • Engage in outside activities incompatible with the full and proper discharge of county duties or which might impair independent judgment in the performance of county duties 3.11 Political Activity County employees are encouraged to vote and to exercise other responsibilities of citizenship consistent with state and federal law and these policies. Employees are not 26 ~I~ ~ Revised 09.06-2008 required to contribute to any political fund or render any political service to any person or party. No employee will be dismissed, suspended, demoted, or otherwise prejudiced for refusing to do so. Employees may not: • Use their 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. Employees who violate the above will be subject to disciplinary action up to and including separation. County employees, except elected officials, may not participate in political activities while on county duty. Employees are expected to remove county uniforms, county logo shirts, jackets, or other apparel with County insignia's before participating in a political activity. In addition, no County-owned property, vehicle, building, and/or office maybe used for displaying campaign materials or for conducting any partisan political activity. This section does not apply to the use of the courthouse courthouse grounds or county buildings when used for the purpose of uolitical announcements approved by Commissioner's Court. Any employee who is subject to the provisions of the federal Hatch Act may not be a candidate for elective office in a partisan election. County 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. For more information on the Hatch Act, see Appendix C. An employee's political activity which is not iri violation of this section will not be considered in determining his/her compensation, eligibility for promotion or demotion, work assignment, leave or travel request, or in applying any other employment practices to the employee. 3.12 Gifts .and Gratuities County Officers and employees may not accept gifts or free services that might tend to influence his/her official actions or impair their independence of judgment in .performance of duties for the county. County'Officers and employees will not accept gifts from contractors, vendors, or other persons who have business dealings with the county, except for minor token items (value not greater than $5.00 per item) given as part of advertising their business. 27 ~~ ,~ ~ Revised 09.06-2008 &21.07 Review, discussion, and approved unless ~, .Members attending included: Jeanette Peiper Linda Uecker Ray Garcia John Trollinger Truby Hardin Tim Bollier Commissioner Oehler J. Magenheimer Judge Tinley Janie Roman Mindy Williams Eva Hyde 3.13 Progressive Discipline Other than violations of 3.05 Employee Conduct and Work Rules, when corrective action is necessary, Department Heads should take the lowest-level action possible to correct the problem. Kerr County believes that a progressive corrective action is not intended to be punishment, but rather to impress upon the employee the need for improvement or change in behavior. All facts including length of service, previous performance, and attendance will be considered. A witness is required for each of the steps outlined below. The employee will be required to sign written warnings to acknowledge his/her receipt of the corrective action -signing does not admit to any wrongdoing. If the employee refuses to sign it is not any less enforceable. The witness will sign acknowledging an unsigned copy was given to the employee. Informal counseling with the employee maybe all that is necessary to correct performance or attendance problems and should be used before beginning corrective action. The informal counseling should be documented and placed in the employees file. The progressive discipline process is as follows: • Informal Counseling /Verbal Warning • Written Warning • Final Written Warning or Suspension • Separation The above progressive discipline is not intended to replace or modify actions of Department Heads when dealing with violations of 3 OS Employee Conduct and Work Rules. In some cases, an infraction is so severe that immediate corrective action, up to and including separation may appear to be warranted. In those cases, Kerr County reserves the right to deviate from the steps in paragraph two (2) above (Counseling /Verbal Warning et.al.) 3.14 Accident Reportine -Vehicles or Equipment Any employee involved in an accident while driving or riding in a county vehicle, no matter how minor, must report it to the appropriate supervisor and law enforcement authorities so that an official accident report can be filed. In no instance should the driver leave the scene of an accident before Law Enforcement have made their investigation and cleared the driver to leave. The Department Head must notify the County Auditor and Human Resources of the accident on the same day the accident occurred, or on the first business day following the accident if it occurred after hours or on anon-workday. The Department Head must forward a copy of any accident report 28 ~~ ~ Revised 09.06-2008 involving county equipment or vehicles to Human Resources as soon as the law enforcement investigation is completed ~~.. ~ _. 3.15 Valid Driver's License Operators of county vehicles are required to have a valid Texas driver's license necessary for legal operation of the vehicle and to keep the depamnent head informed of any changes in status of their license. Department Heads will periodically check through the Sheriffs Office, the driving records of all employees who operate County vehicles or are required to use their personal vehicle to conduct County business. Failure to maintain a safe. driving record can result in a defensive driving course if the employee is cited for a moving violation. Course attendance is mandatory if the incident results in a reportable accident in which the County employee is considered at fault and will be at .the employee's own expense. Suspension or revocation of the driver's license of an employee who is assigned as a vehicle or equipment operator may result in a demotion or separation. 3.16 Use of Equipment and Vehicles County property, materials, supplies, tools, vehicles, and equipment are only to be used for public purposes. Uses that provide private benefit to employees or officials are prohibited. If an employee is in doubt about a circumstance, they must check with the appropriate department head before proceeding. Violations of this euidance may result in separation and uossible urosecution. Employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. In addition, all employees who operate a vehicle. in the conduct of county business are required to possess a valid Texas driver's license and be listed on the County's insurance. Notify your supervisor of any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair. • Kerr County vehicles are not to be used for personal business. ° , ~:,. • Ken County maintains a "No rider volicv." Only Kerr County employees are allowed to ride or operate County vehicles. Non-employees are prohibited from driving or riding in Kerr County vehicles (exception: Law.Enforcement, Juvenile Probation, Juvenile Detention Center for purposes of County business). • Vehicles should be inspected prior to use to help ensure meeting safety standards (lights, horn, wipers, etc are in service). • Any vehicle accident, damage, or malfunction should be documented and reported to your Department Head immediately. If vehicle is involved in an accident, it must also be reported to local law enforcement. • Vehicles shall be kept clean inside. and out. • Vehicles should receive quarterly preventative maintenance (Checking or changing :oil, air filters, power steering and transmission fluid, tires, etc) 29 ~~~ ~ Revised 09.06-2008 Failure to maintain a safe driving record and remain insurable through the County insurance carrier may result in disciplinary action up to and including separation. New hires must also have a safe driving record and be insurable as well. 3.1? Use of Phone and Mail Systems Employees maybe required to reimburse Kerr County for any charges resulting from their personal use of the telephone or county cell phones. It is understood that occasionally personal calls are necessary; however, use of telephones for local personal calls is permitted only if the number and length of calls are kept to a minimum due to necessity. County employees and officials may not place personal longdistance telephone calls on county telephone equipment. A call to notify family of job requirements to work unscheduled overtime is an acceptable county business call. Personal cell phones must be turned off during work hours unless otherwise approved by a department head or supervisor. 3.18 Use of County Credit Cards Credit cards are issued to authorized employees by the Kerr County Auditors office, who monitors their use and submits documentation of usage at the end of each month. Unauthorized or personal use of county credit cards is strictly prohibited and may result in separation and/or prosecution. 3.19 Access to Personnel Files Official files maybe maintained by Human Resources. Department Heads may retain copies. Supervisors and management personnel who have a legitimate reason to review information in a file are allowed to do so. Employees who wish to review their file must file a written request with their Department Head. With reasonable notice (at least 72 hours), employees may review or request a copy of their personnel files. However, an employee may not remove documents, from the file. Employees must be accompanied by their Department Head or Human Resources when reviewing files. 3.20 Access to Medical Files Only authorized personnel with a need to know are allowed access to employee medical files. Access to employee medical files is normally restricted to HR personnel, Insurance Adjusters, employee, law enforcement via appropriate court orders, etc. Supervisors are not authorized to maintain or request any medical information from an employee other than that authorized to ensure compliance with applicable laws or to enforce County policy with regards to return to work (Fitness for Duty), Sick day requests, FMLA, ADA, etc. Any information collected will be forwarded to HR for review and inclusion in the employee's medical file. Submit complaints of inappropriate disclosure to the Human Resources Director (HIPAA Privacy Officer). 30 ~I~~° ~ Revised 09.06-2008 Employees will not receive nor draw any salary for any dates before the required dated new hire material packet is complete within the Human Resources Department. New employees must report to Human Resources prior to performing anv work or trainine for the county or draw any salary and until the employee has been made an offer of employment by the appropriate Department Head. The following is a sample of material found in the New Hire Material Packet but is not limited to these items: • Employee Verification Form Kerr County Personnel Assignment Change Form (PAC) • Federal IRS Form W-4 • Federal I-9 Form • Insurance Application • Retirement Application The employment of any person for a position for which the person does not possess the minimum qualifications of the job is void unless, prior to their employment, a waiver of this provision is approved by the Department Head and Human Resources. Said waiver may include a decrease in the budgeted salary for the position. Each employee is under a duty to investigate the minimum qualifications of their job position and is on constructive notice of those qualifications when hired. The employment of a person as an appointed department head (exempt, non- step/grade) must be approved by the Commissioners' Court. Budgeted salary for an exisring appointed position will not transfer. Salary shall be based on occupational qualifications and job-related factors such as skill, knowledge, education, experience, and ability to perform the specific job. Within 30 days of hire, all employees upon receipt of their current job description shall acknowledge in writing the receipt thereof. 3.22 Aee Indemn' 'canon Agreement If an employee is less than 18 years old and unmarried on the effective date of employment, his/her parent, guardian, or other person with legal custody of the employee must sign a parental release and indemnification agreement prescribed by the County Attorney and County Auditor. 31 Each Department Head is authorized to employ only in accordance with the County Budget. Each perspective employee is charged with the knowledge of the authorization contained within the budget. I~~~~ ~ Revised 09-06-2008 .00 Benefits and Leave 4.01 Employee Benefits Eligible employees of Kerr County are provided a wide range of benefits. Social Security, workers' compensation, disability, and unemployment insurance cover all employees in the manner prescribed by law. Benefits eligibility depends upon a number of factors, including employee classification. Human Resources can identify the programs for which you are eligible. Details of many of these programs can be found in this employee Handbook. Some may. require contributions from the employee, but Kerr County pays many of them. For more information, see Human Resources. 4.02 Vacation Benefits Vacation time off with pay is available to eligible employees. Regular full time employees are eligible to earn and use vacation time as described in this guidance. Once a new employee enters an eligible employment classification, they begin to earn paid vacation time according to the schedule. However, before vacation time can be used, a waiting period of six (6) months must be completed. No vacation leave benefits accrue nor be used by a new county employee during the initial six (6) months of employment. Employees cannot take vacation time until it is earned. Upon completion of the initial waiting period, vacation Leave benefits will be computed from the date of employment and be credited to the employee. Employees separating during the initial six month waiting period will not be paid for accumulating vacation leave. Thereafter, vacation leave is earned and credited to the employee's record the first day of each month. Regular employees earn vacation leave as follows: F/T Employees (R32+) Years of Employment Vacation to be earned Years 1 through 5 80 hours (6.67 hours per month) Years 6 through 11 120 hours (10 hours per month) Years. 12 or more 160 hours (13.34 hours per month) P/T Regular Employees (R32-) Years of Empl~~nent Vacation to be earned Years 1 through 10 40 hours (3.34 hours per month) Years 6 through 11 60 hours (5 hours per month) Years 12 or more 80 hours (6.67 hours per month) Vacation cannot be used until it is earned. Employees who have completed their six month waiting period and who follow the Separation guidelines (Section 2.1) will receive their accumulated vacation hours. _Failure to eive a 14-dav notice will also result in the forfeiture of anv uaid leaves (vacation) 32 I~.~' ~ Revised 09-06-2008 Vacation leave can be used in the following manner: Vacation Earned Fragmented Whole 80 hours / 10 days 5 days 40 consecutive hrs 120 hours / 15 days 5 days 40 consecutive hrs 160 hours / 20 days 10 days 40 consecutive hrs x 2 or x 1 Vacation cannot be used until it is earned. Employees who have completed their six- month waiting period and who follow the Separation guidelines (Section 2.1) will receive their accumulated vacation hours. Failure to give a 14-dav notice will also result in the forfeiture of anv vaid leaves (vacationJ. Vacation leave can be used in the following manner: Vacation Earned Fr~mented Whole 80 hours / 10 days 5 days 40 consecutive hrs 120 hours / 15 days 5 days 40 consecutive hrs 160 hours / 20 days 10 days 40 consecutive hrs x 2 or x 1 4.03 Vacation Cam Employees are encouraged to schedule and use available paid vacation time. The maximum allowable cumulative of unused vacation leave is 160 hours or 20 days. If the total amount of unused vacation time reaches 160 hours/20 days, further vacation accrual will stop. When the employee uses paid vacation time and brings the available amount below the cap, vacation accrual will begin again. The maximum vacation time an employee shall have available to use at any given time is the amount of unused time the employee had the 1$` of the month as outlined in 4.02 paragraph two (2). 4.04 Sick Leave Benefits Ken County provides paid sick leave benefits to all eligible employees for periods of temporary absence due to illness or injury. Sick leave benefits begin the first day of the month Following one full month of employment. Example: Employee begins work October 10~'. Employee earns their first sick leave December 1". This type of leave covers absences for pregnancy or childbirth (See FMLA). Regular full- time and part time employees are eligible. Classified employees who accrue 240 hours of sick leave will, on a yearly basis (normally in December) be paid for half of whatever .sick leave is accrued in excess of 240 hours (paid for hours accrued as of the date checks are written). Employees may not work another job during the hours for which they are receiving pay Sick Leave. 33 I~ ~ ~ Revised 09-06-2008 Sick leave is earned as follows: Regular FT employees (R32+) earn sick leave as follows: 3.33 hrs per pay period (total 80 hrs annually) Regular PT employees (R32-) earn sick leave as follows: 1.66 hrs per pay period (total 40 hrs annually) Paid sick leave can be used in minimum increments of one (1) hour. Eligible employees may use sick leave benefits for an absence due to their own illness or injury or that of an immediate family member. Kerr County defines "immediate family" as the employee's spouse, parent, grandparent, child, grandchildren, sibling; or the employee's spouse's parent, parent, grandparent, child, grandchildren, sibling. Employees absent with permission because of illness during the first month of employment will have the missed number of hours pay subtracted from their pay on their paycheck. Employees unable to report to work due to illness or injury must personally notify their direct supervisor at least 2 hours before the scheduled start of their workday if possible. To substantiate a request for sick leave for anon-FMLA qualifying reason, Department Heads may require an employee to provide a physicians statement for any period of Sick Leave. The employee will. personally contact their direct supervisor on each additional day of absence until they return to work. If an employee is absent for three or more consecutive days due to illness or injury, a physicians statement is required verifying the nature of the illness (see FMLA Policy), including stating the beginning and expected ending dates. Such verification may be requested for other sick leave absences as well and maybe required as a condition to receiving sick leave benefits. Apprnval of sick leave for non-emergency medical, dental, or optical appointments must be secured at least two (2) weeks in advance. Departments must report leave on the payroll time sheet. Failure to provide the required notice may result in the employee's being placed in an unpaid status and could result in disciplinary actions. Employees are expected to return to work as soon as their reasons for leaving are accomplished. Sick leave benefits are calculated based on the employee's base pay rate at the time of absence and will not include other forms of compensation. When an illness or physical incapacity occurs during the time an employee is on vacation leave, accrued sick leave maybe granted to cover the period of illness or incapacity and the charge against vacation leave reduced accordingly. A medical 34 ~~~~~° ~ Revised 09.06-2008 certificate or other acceptable evidence must support application for sick leave substitution. An employee who exhausts earned sick leave must use all accumulated paid leave(s) before requesting unpaid leave of absence without pay (if eligible). No advances are authorized (paying for time not earned). Sick leave benefits are intended solely to provide income protection in the event of illness or injury, and may not be used for any other absence. Willful misuse of sick leave benefits can result in disciplinary action up to and including separation. 4.05 Social Security Kerr County participates in the Federal Old A.ge, Survivors', Disability and Health Insurance Program (Social Security and Medicare). 4.06 Retirement Kerr County is a member of the Texas County and District Retirement System ("TCDRS"). During "New Hire Orientation" Human Resources distributes a copy of the TCDRS Member Information Guide describing the TCDRS benefits to eligible employees. Obtain additional information regarding Kerr County TCDRS from Human Resources. In accordance with state law, Commisioners' Court determines the amount of employee and employer contributions to TCDRS. TCDRS calculates and pays Retirement benefits. All employees except those in Temporary Positions and Temporary Model Positions must make contributions to TCDRS. Employees who want to retire must submit a completed retirement application packet to Human Resources at least 30 and not more than 90 days before the proposed effective date of Retirement. The effective date of Retirement must be on the last day of a month and must not be earlier than: 1 year after the employee establishes membership in the TCDRS and the date of the employee's separation from employment. 4.07 Workers' Compensation Kerr County provides Workers' Compensation benefits at no cost to employees. The county provides Workers' Compensation benefits for accidents, illnesses, or injuries employee sustain in the course and scope of employment in accordance with the existing Texas Workers' Compensation laws. This program covers injuries or illness sustained in the course of employment requiring medical, surgical, or hospital treatment. Subject to applicable legal requirements, 35 ~~~~ ~ Revised 09.06-2008 workers' compensation insurance provides benefits after a 7 day waiting period, or if the employee is hospitalized, immediately (exception: no 7 day waiting period for law enforcement officers). Employees with a work related incident with or without sustaining a work related injury or illness must inform their supervisor immediately They will complete a First Report of Incident/Injury form indicating the details of the incident/injury It is mandatory they also are reported to Human Resources within 24 hours via fax (note: if an injury occurs on a Friday between the close of business S:OOp.m.) and the start of business (8:00 a.m.) on the following Monday, the injury will be reported within 24 hours from the start of business on Monday. This will enable the employee to qualify .for the coverage as quickly as possible. Failure to report an on-the- job accident, illness, or injury in a timely manner may result in the loss of or denial of Workers' Compensation benefits. Utilize the Workers' Compensation First Report of Incident/Injury obtained from your department head or Human Resources. Workers' Compensation benefits are subject to any deductions required bylaw or by court order (e.g. child support payments). Employees are responsible for making arrangements for payment of any voluntary payroll deductions. An employee receiving Workers' Compensation does not accrue vacation or sick leave and is not entitle to receive holiday pay. While on leave because of a bona fide, on-the-job, work related injury, each time.the employee sees the physician for consultation or treatment, they must provide a progress report to Human Resources. Any change in the. employee's condition, which might affect his/her entitlement to Workers' Compensation payments, must also be reported to Human Resources. In addition, the injured employee must contact his/her Department head weekly to report on his/her condition. Failure to provide the required medical status reports or to contact their Department Head on the schedule required is grounds for taking disciplinary action. A written statement from the attending physician certifying that the employee has been released to return to work and specifying the type(s) of work he/she is capable of performing as well as any limitation(s) must be received by Human Resources before an employee may return to work. All employees on injury leave must report to work after approval of either the employee's attending physician or an independent physician paid by the County. Failure to return to work when directed will result in appropriate' disciplinary acrion up to and including separation of employment. Total Disability Retirement A determination of total disability may be rendered at any time during the course of the occupational disability or injury leave. Upon such a determination, the County Auditor and County Human Resources Director, in consultation with the Commissioners' Court, -will make the necessary arrangements for the employee's retirement under the "on-the job disability" clause of the coverage provided by the County's retirement plan. 36 ~~~~°.~ ~ Revised 09.06-2008 Payroll Procedures: Employees must use available Sick Leave and Vacation Leave during the first 7 calendar days of lost time for a compensable injury. If the absences are not designated as FMLA, then the employee must also use available Compensatory Time during the first 7 calendar days. If the absences are designated as FMLA, then the employee may choose to use available Compensatory Time during this period. No other supplement is authorized. After 7 calendar days, the department must code the employee's absences as Workers' Compensation. If an employee is eligible for FMLA leave and the Workers' Compensation injury in a Serious Health Condition as defined in 4.05, the department simultaneously designates the Workers' Compensation absences as FMLA. Employees do not receive Paid Leave or accrue Sick Leave while on Workers' Compensation leave except as provided in the "Payroll Procedures" outlined in 4.07. Employees who return to work for their regularly scheduled hours must use available Paid Leave for time off for doctor's appointments or any other follow up treatment related to the compensable injury. Sheriff s Office .Personnel -Utilize Sheriff s Personnel and Policy Procedures as outlined by Statutes. 4.08 County Health. Plan(s) NOTE: Subject to amendment or discontinuance at any time, Commissioners' Court provides certain County Health Plan(s) to employees, retirees, and eligible dependents in accordance with the following sections and provisions. Eligibility Ernnlovees Department Heads and F/T Employees (1232+) are eligible for these benefits. Eligibility for these benefits begins on the first day of the calendar month f~c Mowing 2 full months. (60 days) of continuous employment as a F/T Employee (R32+) unless the insurance policy(ies) in effect at the time specify a different period. Example: An employee starts work July 2°d. Employee reaches 2 full months of continuous employment on September 2°a. Employee is eligible for the County Health Plan(s) on October 1", the first day of the following month. 37 I~~.~ ~ Revised 09.06-2008 Employees who retire in accordance with the provisions of the TCDRS (including disability Retirement) and who were covered as active employees under the County Health Plan(s) in effect at the time of Retirement are eligible to retain certain benefits coverage(s). Employees who, at the time of separation, will be eligible to receive and actually do receive Retirement benefits within 4 months and who choose COBRA coverage as described below, are eligible to retain certain County Health Plan(s) Kerr County's Health Plan(s) for retirees 65 or older, maybe continued by employees/ elected officials who have at least eight (8) years of continuous accredited service with the County and meet the TCDRS retirement rules and wish to or already have retire(d). Continuation of insurance election must be made within 30 days of employee's separation. Premiums (less any County approved supplement for retirees with 8 consecutive years with Ken County at the time of retirement and have remained on the County Health Plan or County sponsored plan for those 65 or older) are due from the former employee (payments not received by the 5~' day of the month will result in cancellation). Employees enrolled in county benefits who separate versus retire, are eligible for COBRA to continue those benefits. Dependents Employees may enroll their eligible dependents for coverage under certain County Health Plan(s). The effective date of dependent coverage is the effective date of the employee's eligibility. Covered retirees may elect to continue coverage for their eligible dependents who were covered at the time of Retirement. After that, retirees may not add dependents unless there is a qualifying family status change. If You Do Not Enroll If you do not enroll for Plan coverage within your initia130-day enrollment period, you are automatically assigned default coverage's. (See Human Resource for additional information regarding Plan Coverage Descriptions) 38 ~~~~ ~ Revised 09.06-2008 39 ~~~' ~ Revised 09.06-2008 Life and Healthcare Coverage Medical Prescription Drugs Life $20,000 Major Medical Provider Life $20,000 TCDRS Plan Additional 1 year Salary payable to Beneficiary Accidental death and dismemberment $20,000 Business travel accident insurance Vacation Paid Time Earned up to 160 hours capped annual Sick Leave Paid Time Earned 8 hours per month Supplemental Offeriztgs Choice of plans and options Pre-tax contributions ort-term disability ng-term disability pplemental life and AD&D 7 Plan Retirement Savings 'exas County and District Retirement System TCDRS 40 ~~° ~ Revised 09.06-2008 4.09 COBRA The Federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) gives employees and their qualified beneficiaries/dependents the opportunity to continue health insurance coverage under Kerr County's health plan when a "qualifying" event would normally result in the loss of eligibility. Some common qualifying events include but are not limited to; resignation/separation termination of employment, death of an employee; a reduction in an employee's hours or a leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary pays the full cost of coverage at Kerr County's group rates plus an administrative fee. Kerr County provides each eligible employee with written notice containing important information about the employee's rights and obligations granted under COBRA. Continued coverage or COBRA payments will be sent directly by the affected person to the insurance company. Eligible employees, retirees, and dependents should refer to provider materials and relevant publications and notices given by the County for further information. 4.10 Contributions Commissioners' Court may require employees or retirees to pay a portion or all premiums for coverage under certain Group Health Plan(s) for themselves or their eligible dependents. Employees who are on Unpaid Leave and all retirees must make premium payments directly to the County. 4.12 Verification of Eligibility Employees and Retirees must submit the documentation outlined below to add eligible dependents to the Group Health and Related Benefits coverage(s). • Spouse -Formal Marriage License or Certificate of Informal Marriage. And if the spouse is being added because of a change in employment and/or loss of coverage, submit proof of the lost coverage as well. • Dependent Children - a Birth Certificate or court papers showing legal guardianship or legal custody. Submit verification of student status as required to prove eligibility. • Grandchildren -Certification of Financial Dependency form as required by the Group Health and Related Benefits provider and Birth Certificates of the child and grandchild to show that the employee or retiree is the biological or adoptive grandparent of the child to be added. 41 ~~ ~ Revised 09.06-2008 4.13 Enrollment Periods Ken County provides an initial enrollment period for newly eligible employees to select from among certain coverage options for themselves and to elect or decline coverage for their eligible dependents. Annual o en enrollment periods are provided in accordance with state and federal laws and regulations. If an annual open enrollment period is provided, employees may add or drop dependents and make changes to benefit plan selections at that time. Retirees may only change benefit plan selections during open enrollment periods. 4.14 Changes to Coverage Outside Oven Enrollment Periods Other than during an annual open enrollment period, employees may only add or drop dependents or make changes to their Flexible Spending Account contributions if a qualifying change in family status occurs as defined in the policy(ies) and under applicable state and federal laws and regulations. Retirees may drop dependents at any time, but may only add dependents based on qualifying changes in family status. Addine Dependents To add dependents, employees must submit a Health and Related Benefits Change Form, along with the appropriate documentation, through the Human Resources Department within 31 days of a qualifying change in family status. The effective date of the dependent coverage is the "Insurance Begin Date." Addina' Newborns The effective date of dependent coverage for a newborn is the date of birth if the employee submits the Health and Related Benefits Change Form to Human Resources within 31 days of the birth. Term~natina or Droppine Dependent Coverage Employees must contact Human Resources to submit a Health and Related Benefits Change Form as soon as possible following a qualifying change in family status. Changes in dependent coverage are not allowed if the qualifying change in family status occurred prior to January 1 or the current calendar year except in cases of a newborn reported within 31 days of birth, dependent ineligibility, or death. 4.15 Termination of Coverage 4week Rule Except as required by law, employees compensated for less than 32 hours per week for 4 consecutive weeks lose eligibility for Group Health and Related Benefits but are eligible to elect COBRA benefits. Employees who lose coverage under this section and do not choose COBRA coverage are subject to a new 2 month waiting period if they later become eligible for Group Health and Related Benefits. 42 ~I~~~ ~ Revised 09.06-2008 4.16 S~aration of Emnlovment Employees who separate employment with the County lose coverage on the "Insurance End Date." 4.17 Failure to Pav Employees and Retirees who fail to pay premium contributions lose their Group Health and Related Benefits. Benefits are not reinstated unless the employee or retiree pays all premiums due. 4.18 Fraud or Misrepresentation Anyone who commits fraud or makes misrepresentations with regard to the use of Group Health and Related Benefits loses coverage as outlined in the respective benefit plan documents. Further, the County, employees, and/or retirees will report all suspected cases of fraud to the Kerr County Attorney. 4.19 Section 125 -Cafeteria Plan Kerr County offers a "cafeteria" plan that provides apre-tax deduction for optional County medical insurance premiums and other insurance options. All employees axe required to have within their personnel file or benefit software a copy of their current year plan or no pre-tax deductions will occur. (See Human Resources for more information) 4.20 Holidays There is nothing in the law that requires employers to pay employees for holidays. Paid holidays are designated and approved by Commissioners' Court for the next calendar year. Kerr County will grant paid holiday time off to elie~ible ree~ular full part time employees immediately upon assignment as a regular full/part time employee. Holiday pay is based on the employee's straight time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on the day. In order to be "eligible" for this benefit, employees must work the day before and day after the holiday (i.e. employee must work their normal work schedule days) unless they use paid leave. Department heads may find it necessary to deny holidays at the scheduled time (i.e. "around the clock" operations), and may direct some or all employees of the department to .report for work on any holiday. 43 l~]~.~ ~ Revised 09.06-2008 If a holiday of the current year's list of approved holidays falls on a regular employee's regular day off, and the employee does not work that day, they will be paid their regular hourly amount for the pay period involved and will receive either another day off in lieu of the holiday or an additional day's pay at regular, straight time hourly rate. For most employees, recognized holidays falling on a Saturday or Sunday, the holiday will be observed on the preceding/following Friday or Monday. Recognized holiday falling during an eligible employee's paid absence (e.g. vacation or sick leave), holiday pay is provided instead of the paid time off benefit that would otherwise have been applied. Employees absent without approved leave on the workday immediately preceding following a holiday will not be tiaid for the holiday 4.21 Leave Without Pav 1 Leave of Absence (LO Full-time employees (R32+) who have exhausted their Vacation Leave, Compensatory Time, and FMLA leave, if applicable may request a Leave of Absence without pay. Leaves of absence without pay to eligible regular full-time employees wishing to take time off from work duties to fulfill personal obligations, is available with prior approval of the Department Head and Human Resources. Eligible employees may request personal unpaid leave only after completing 365 calendar days of paid service. Normally employees will not be granted leave without pay if they have less than 12 months service unless specific documented arrangements were made as part of the hiring agreement. As soon as eligible employees become aware of the need for personal leave of absence, they should request a leave from their department head. An LOA never exceeds 6 months (180 days). Requests for personal leave will be evaluated based upon a number of factors including but limited to; anticipated workload requirements and staffing considerations during the proposed absence. If approved, unpaid personal leave maybe granted for a period of up to 180 calendar days per year. 44 This policy applies regardless of whether the employee worked the maximum number of hours allowable under FLSA (40 hours per week) during the period the holiday work occurred. ~~~ ~ Revised 09.Od-2008 Human Resources and the Department Head working in conjunction, have the sole discretion to place an individual on LOA without the employee's authorization. Before beginning an LOA, individuals must return all County equipment (e.g. keys, car, cell phone, computer, pager, radio, badge, etc) in their custody. Individuals on LOA perform no services for the County and thus are not employees during this time. Further, individuals on LOA have no job protection. The Department Head and Human Resources must approve all requests for a leave without pay. Approval of the leave must be documented with a copy of the documentation to be placed in the employee's personnel or medical (if FMLA) record located with Human Resources. Employees on LOA without pay receive no compensation and accrue no benefits. During an LOA, eligible employees previous medical insurance can be conrinued under the terms of COBRA, see 4.09. Individuals who choose COBRA during an LOA are not subject to the Zmonth waiting period. for Group Health and Related Benefits if they return to Active Dut,~ Individuals who do not choose COBRA during the LOA are subject to the Zmonth waiting period for Group Health and Related Benefits if they return to Active Dutv. For the purpose of calculation and eligibility for certain employment benefits, including Vacation, an LOA is not Creditable Service, though the individual retains the benefit of any previously accrued Creditable Service. During an LOA, an individual receives no pay, including Longevity, Holidays, Sick Leave, Jury Duty, Witness Duty, Funeral Leave, mileage reimbursement, or any other employment benefits (i.e. cell phone). Employees on LOA must contact the appropriate supervisor (determined prior to the leave) at least once a week to report on his/her status unless another documented schedule is agreed to in writing. Failure to provide required medical status reports or to contact the office on the. schedule required by the County may result in revoking the leave and taking disciplinary action up to and including separation. Upon returning to work after an authorized leave of absence without pay, an employee receives an adjusted employment date and adjusted anniversary date, which reflect the period of time that the employee used for leave of absence. The adjusted date will be used for the purpose of calculating vacation leave accrual and any other benefits that may be based on longevity. There is no guarantee of reinstatement. Failing to report to work promptly at the expiration of the approved leave period will result in Kerr County applying a voluntary resignation. 4.22 Educa>:ional Leave Must be approved by Commissioners' Court (i.e. Certifications, Completion of Associates, Bachelors', Masters', or Doctorate) 45 ~ ~ ~ Revised 09-06-2008 4.23 Military Leave Military leaves of absence are granted to most employees (except those occupying temporary positions) if they are absent to serve in the uniformed services of the United States for a period of up to five (5) years (not excluding certain involuntary extensions of serviced). Employees who perform and return from service in the U.S. Armed Forces, the Military Reserves, the National Guard, or certain Public Health Service positions will retain certain rights with respect to reinstatement, layoffs, compensation, length of service promotions, and length of service pay increases as required by applicable federal or state law (USERRA). USERRA protects members of the Armed Forces (Army, Navy, Air Force, Marines, and Coast Guard), the Army National Guard, the Air National Guard, and the commissioned corps of the Public Health Services. State law protects members of the Armed Forces (active duty or reserve), plus members of the- Texas National Guard and the State Guard, only. USERRA (and probably the state law) protects not only those people who are already reservists when you hire them, but also people who voluntarily enlist (active duty or reserves) even after they have been hired. A person loses USERRA rights if his/her military service ends in a dishonorable or bad conduct discharge, he separates from the military under "other than honorable conditions", or an officer gets dismissed after a court martial, going AWOL for three months, or having a final non-military criminal conviction. Usually, an employee gets written duty orders in advance from his/her commanding officer. If the employee has written orders, he/she should provide a copy to the employer. Nothing in the Act prevents an employer from adopting a policy requiring employees to provide the notice as soon as possible. In fact, the regulations implementing USERRA "strongly encourage" employees to provide notice as early as practicable and at least 30 days prior to their leave. However, the Act excuses employees from providing advance notice of the need for leave to employers when giving notice is precluded by military necessity or the giving of such notice is otherwise impossible or unreasonable. Note that Ken County Personnel Policies requires employees to provide notice "before leaving. Normally, notification should occur within 24 hours of receipt of the order." Reservists who want to return to work must notify the Department, Human Resources, and the County Attorney of their intent to return within timelines that are dependent upon how long the period of military service was. a. Less than 31 days Must report back to work no later than the beginning of his regularly-scheduled shift on the first full day after his active duty period expired allowing for 8 hours of rest and time to return home safely from the place of service b. More than 30 days, but less than 181 days Must return not later than 14 days. after the completion of the active duty c. More than 180 days Must return not later than 90 days after the completion of the active duty. 46 ~~~ ~ Revised 09.06-2008 If a person's return to duty is delayed because he rs hospitalized or recovering hom an illness or injury.tncurred during the militaryleave, please contact the Kerr County Attorney's Office to find out the reservist's deadline for reapplying. If someone fails to meet these deadlines, then the County simply applies its regular rules with regard to absences from scheduled work. This would include the No Fault Attendance policy found in 2.01 of the Kerr County Personnel Policy Handbook. If you have any auestions reeardine military leave that are not addressed below, direct those auestions to the Kerr County Attorney's Office and Human Resources. Be prepared to provide a cony of the emvlovee's duty orders. 4.24 Temuorary M` 'tarn Leave Employees will continue to receive full pay while on leave for up to 15 days per annual encampment or training duty in the U.S. Military Reserves or the National Guard in a federal fiscal year (begins October 1" and ends September 30~'). Subject to the terms, conditions, and limitations of the applicable plans for which the employee is otherwise eligible, health insurance benefits will be provided. Vacation and sick leave will also continue to accrue. The portion of any military leave{s) of absence in excess of 15 business days per year will be unpaid. However, employees may use any available paid time off for the absence. Temporary Military Leave does not exceed 15 days or 120 hours in a federal fiscal year (October 1 through September 30) If you have any questions re~ardine military leave that are not addressed below, direct those questions to the Kerr County Attorney's Office and Human Resources. Be yrevared to vrovide a covv of the emvlovee's duty orders. 4.25 Supplemental Military Pay If there is a pamal or total mobilization of the National Guard or the reserve components of the U.S. Armed Forces, Commissioners' Court reserves the right to supplement, in whole or in part, to the extent monies are available to be appropriated for this purpose, the salary of a former employee: a. who is a member of a reserve component of the U.S. Armed Forces, b. who is involuntarily called to Active Military Duty, c. who has exhausted the Military, Compensatory Time, and Vacation Leave to which the employee is entitled, d. , who is not separated from employment because of resignation or separation for any reason that is not a direct consequence of the person's call to Active Military Duty, and e. has not committed a voluntary act that has the effect of adding to the period that the person is subject to Active Military Duty. Commissioners' Court may discontinue this supplemental at any rime. 47 ~~' ~ Revised 09.06-2008 4.26 Disability In cases of long-term disability where an employee is unable to return to work for a period of time which would cause an undue hardship to the county to hold the position open, and if no position is available which the employee could perform with a reasonable accommodation by the County, the employee will be separated from employment with the County (in accordance with ADA and/or FMIA). 4.2? Bereavement Leave An employee wishing to take time off due to the death of an immediate family member should notify his/her supervisor immediately. Based upon circumstances, the department head may grant up to three (3) days of paid bereavement leave per year to regular full/part-time employees. Bereavement pay is calculated based on the base pay and work schedule at the time of absence and will not include any special forms of compensation or pay for non- scheduled work time. Any employee may, with the Department heads approval, use any available paid leave for additional time off as necessary. Kerr County defines "immediate family" as the employee's spouse, parent, grandparent, child, grandchildren, sibling; or the employee's spouse's parent, parent, grandparent, child, grandchildren, sibling. Special consideration may also be given to any other person whose association with the employee was similar to the above relationships. Employees who want addirional time off may, at the discretion of the Department Head use Compensatory Time or Vacation Leave. Department Heads may require an employee to provide proof of death and/or family relationship. If a County employee, an appointed or elected County officer, or someone closely associated with the County dies, Department Head may approve representation at the funeral. Employees who attend by direction of their Department Head are representing the County; therefore, the hours so spent are Hours. Actually Worked. Employees on Unpaid Leave do not receive Bereavement Leave. 4.28 Auproval of Leave The employee's supervisor and department head, if appropriate must approve all leave taken by County employees. Payroll records are verified against employee leave records. Department heads are responsible for determining that leave has been accrued and is available for use in the amounts requested by an employee. Employees are required to schedule vacations and request leave in advance. Vacation schedules must accommodate the County's work schedule. If there is a conflict in vacation schedules due to workload or involving two or more employees, the Department head resolves the conflict using the policies as the guideline at their discretion. 48 ~I~.I~' ~ Revised 09-06-2008 4.29 Civil Leave JURY DUTY: Kerr County encourages employees to serve on a jury when required. Employees must show the jury duty summons to their Supervisor as soon as possible so that the supervisor may make arrangements to accommodate the absence. Of course, employees are expected to report for work whenever the court schedule permits. Either Kerr County or the employee may request an excuse from jury duty if, in Kerr County's judgment, the employee's absence would create serious operational difficulties. Kerr County will continue to provide health insurance benefits, vacation, sick leave, and holiday benefits for eligible employees. County employees are also eligible for juror checks and may keep such remuneration in addition to their County pay. WITNESS DUTY: Kerr County encourages employees to appear in court for witness duty when subpoenaed. If an employee has been subpoenaed or requested to testify as a witness for Ken County, they will receive paid time off for the entire period of witness duty. Employees will be granted a maximum of 36 hours of paid time off to appear in court as a witness at the request of a party other than Kerr County or the State of Texas. Employees will be paid at their base rate and are free to use paid leave benefits (vacation leave) to receive compensation for any period of witness duty absence that would otherwise be unpaid. The subpoena must be shown to the employee's supervisor immediately after it is received so that operating requirements can be adjusted, when necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits. PRIVATE LITIGATION: If an employee is absent from work to appear in private litigation in which he/she is a principal party, the time off will be charged to vacation (if available) or leave without pay. 4.30 Vehicle Insurance Kerr County maintains up-to-date insurance coverage on all vehicles owned by the County. Elected or appointed or employees who drive a personal vehicle on County business are required to maintain up-todate personal insurance coverage. Failure to do so may be grounds for disciplinary action up to and including separation. 4.31 Emergency Situations Commissioners' Court is not authorized to provide Paid Leave retroactively. Accordingly, in order to be paid for absences including but not limited to, those described below, employees must use available Vacation Leave, Compensatory Time, or Sick Leave (only if applicable). Employees who miss work in these situations even with Department Head auvroval, and who do not have an~~nlicable Paid Leave available are docked. 49 ]~I~~ ~ Revised 09.06-2008 Inclement Weather and Disasters Employees who feel that they need to arrive to work late, leave work early, or stay home altogether because of extreme weather conditions maybe absent subject to Department Head approval. Building Emergencies If any building condition arises that makes it unbearable for an employee to remain at work or to function effectively, the employee may leave work subject to Department Head approval. 4.32 Emergency Closines At times, emergencies such as severe weather or power failures can disrupt County operations. In extreme cases, these circumstances may require closing work facilities. During non-working hours, local radio stations maybe asked to broadcast notification of closing. When operations are specifically closed due to emergency conditions, the time off from scheduled work will be paid, and is calculated based on the base pay and work schedule at the time of the emergency. Certain offices including but not limited to the Sheriffs Office, Juvenile Detention Facility, Juvenile Probation, Road & Bridge, and Emergency Management are expected to remain open during emergency situations. Personnel in these Departments should contact their Department Head for specific guidance. Employees generally are expected to report for work during inclement weather conditions if the County does not declare an emergency closing. As outlined in 4.31, nonexempt employees who are unable to report because of weather conditions maybe granted an authorized unpaid absence, or, if they have accrued vacation time, may take a day of paid leave. Nonexempt employees who are late because of weather conditions will be given a chance to make up their missed time if work schedules and conditions permit. 50 ~ ~ ~ Revised 09.06-2008 5.00 Wages and Salarv Administration 5.01 Fair Labors Standards Act (ELBA) It is the policy, procedure, and practice of Ken County to comply fully with the Fair Labors Standards Act (ELBA). All job positions will be reviewed and classified as non- exempt or exempt, according to FLSA standards. All employment practices will be conducted in accordance with this policy basis. 5.02 Emulovment Effective Dates and other Preliminary Matters The County Human Resources Director and County Auditor establishes procedures for the payroll forms or documents that Department Heads must complete and retain regarding the appointment, compensation, and separation of employees. 5.03 Changes in Status Department Heads must report changes in employee status (such as changes in the employee's rate of pay or job title, a change from a Temporary Position to a Regular Position, from. active status to Unpaid Absence status, from Non-Exempt to Exempt status, name change, etc.) using the Personnel Assignment Change (PAC) form. All Personnel Assignment Changes (PAC) (new positions, title changes, rate of pay, hours required, etc.) are prospective only and become effective only on the first day of a pay period. Department Heads must obtain reauthorization for Temnorarv Positions and Temtiorarv Model Positions each fiscal year. 5.04 Work Hours Normal work hours for most County employees are Monday through Friday, 8:00 a.m. to 5:00 p.m., with one (1) hour for lunch (equals a 40-hour workweek). Alternative work schedules are not authorized unless specifically approved by Commissioners' Court. Supervisors will advise employees of the times. their schedules will normally begin and end. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may. be scheduled each day of the week. Employees are expected to report punctually for duty at the beginning of each assigned workday and to work the full work schedule. Department Heads may, within the limits of state/federal law, make adjustment to these schedules. The official work week is a sevenday workweek beginning at 12:01 a.m. on Saturday and ending at 12:00 a.m. on the following Saturday. Exceptions include but are not limited to: Sheriff s Department, Juvenile Probation, Juvenile Detention, and Road and Bridge personnel work varying shifts in order to provide service 24 hours each day. 51 ~I~~~ ~ Revised 09.06-2008 5.05 Rest and Meal Periods Morning and afternoon breaks of 15 minutes each maybe authorized at the discretion by each Department, but, if authorized, does not accumulate if not taken. To the extent possible, rest periods will be provided in the middle of work periods. Since rest time is counted and paid as time worked, employees must not be absent from their workstations beyond the allocated time. Additionally, employees maybe requested to curtail the rest period if it is necessary to provide adequate customer service in high customer service areas. All full-time regular employees are provided one unpaid meal period of 60 minutes in length each workday. Supervisors will schedule meal periods to accommodate operating requirements. The Commissioners' Court encourages offices to remain open during the noon hour to better serve the public. Some employees may stagger their lunch hours in order that the county can better provide this service. Rest and meal periods for the Sheriffs Department, Juvenile Probation, Juvenile Detention, and Road and Bridge are determined separately at the discretion of the Department Head. 5.Ob Overtime Compensation and Compensatory Time Based upon available budgeted funds allocated for Overtime Compensation, non- exempt employees are compensated for Hours Actually Worked in accordance with applicable law. In lieu of cash payment for Overtime, Compensatory Time maybe allowed. The calctdation of Overtime compensation does not include any type of allowance or incentive pay or Longevity Pav. When operation needs or other requirements cannot be met during regular working hours, employees maybe scheduled to work overtime hours (Note: Sheriff Deputies/Jailers and Juvenile Detention work a 28 day, 171 hour schedule before time and a half begins). When possible, advance notification of these mandatory assignments will be provided. All overtime work must receive the Department Head's prior authorization. Overtime compensation is paid to all nonexempt employees in accordance with federal and state wage and hour restrictions. Overtime pay is based upon actual hours worked. For the purposes of overtime compensation, only hours worked in excess of forty during a workweek will be counted (exception: vacation and sick leave shall be counted as hours worked). An employee on paid status, who is absent with approved paid leave on the workday immediately preceding or following a holiday will be paid for the holiday. For the purposes of overtime compensation, only Hours Actually Worked in excess of forty (40) hours during a workweek will be counted. When cash payment (payroll) is not made for Overtime, Non-Exempt Employees accrue Compensatory Time at the rate of 1 i/i hours per Hour Actually Worked more than 40 hours in one workweek. 52 ~I.I~ ~ Revised 09.06-2008 If the combination of any employee's Paid Absences and Hours Actually Worked exceeds forty (40) hours in one workweek, the employee accrues Compensatory Time on at straight time, hour for hour basis for each hour in excess of forty (40). Compensatory Time balances can be carried forward for 2 pay periods. Compensatory Time should be paid or taken within 2 pay periods. An employee's request to use Compensatory Time is subject to the Department Head's approval and must not unduly disrupt the operation of the department. Except for FMLA protected absences, Department Heads may compel employees to use any part of their Compensatory Tirne balance for budgetary reasons. Upon separation of employment, Non-Exempt Employees receive full pay for any Compensatory Time Balance calculated on their Time Sheets. Department Heads must approve time sheets for each pay~eriod that includes Vacation, Sick, and Compensatory Time Balances on each sheet. In order to ensure correct payment and/or accruals, it is the Department Head's responsibility to verify and approve all time sheets prior to turning them into Human Resources. 5.0? Time and Attendance Records -Time Keeping Accurately recording time worked is the responsibility of every non-exempt employee. Federal and State Laws require Kerr County to keep accurate records of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. Non-exempt employees should accurately record the time they begin and end their work. Altering, falsifying, or tampering with Time and Attendance Records (time sheets) or another employee's Time and Attendance Record (time sheets) may result in disciplinary action up to and including separation. All non-exempt employees will fill out Time and Attendance Records (time sheets) and turn them into their Department Head or designated Supervisor for approval. It is the employee's responsibility to sign his/her Time and Attendance Record (time sheet) to certify the accuracy of all time recorded. The Department Head or designated Supervisor will review and then sign the Time and Attendance Record (time sheet) before submitting to Human Resources for payroll processing. In addition, if corrections or modifications are made to the Time and Attendance Record (time sheet), both the employee and supervisor must verify the accuracy of changes by signing the Time and Attendance Record (time sheet) with a notation of the changes. Final approved Time and Attendance Records (time sheets) are to be turned into Human Resources within three (3) business days of payroll date (payday). 53 ~ ~ Revised 09.06-2008 Exception: Sheriff s Office, Juvenile Detention Facility -see Department Head for further clarification. 5.08 Pav Pay for County Elected and Appointed Officials and employees who are paid from County funds are set each year by the Commissioners' Court in the adopted County operating budget. Rules governing salary administration and pay increases are also established by the Commissioners' Court. PAYDAYS: Employees are paid on asemi-monthly schedule on the 15~' and last day of each month. If the payday falls on Saturday or Sunday, the preceding Friday will be payday. If payday falls on a holiday, payday will be the last working day preceding the holiday. Cheek Delivery Employees may utilize direct deposit for their payroll checks if they complete. the Direct Deposit Authorization form located in Human Resources.. This helps ensure the employees' payroll is available to them even if they are on Paid Leave. Paychecks will not be issued other than on the days as set for above under "Paydays." Paychecks will not be issued if a current Time and Attendance Record has not been submitted to Human Resources. The County Treasurer is responsible for the proper distribution of paychecks. Checks maybe released only to the individual responsible for their proper distribution within a Department and should be on a Signature Sheet acknowledging receipt of the Departments paychecks. No pay advances or loans will be made to any employee for any reason. An employee must bring any discrepancy in a paycheck (such as overpayment, underpayment, or incorrect payroll deductions) to the attention of Human Resources Within thirty (30) days of issuance or before the end of the fiscal year, whichever date. is earliest. Administrative Pay Corrections Kerr County takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of Human Resources so .that corrections can be made as quickly as possible. Correction(s) will be-made on the next payday. 54 ~~~~`' ~ Revised 09.06-2008 5.09 Pav Deductions Federal and State Laws require that Kerr County make certain deductions from every employee's compensation. Among these are applicable federal income taxes and Texas County and District Retirement System (TCDRS) contributions. Kerr County must also deduct Social Security taxes up to a specified limit that is called the Social Security "wage base." Kerr County matches the amount of Social Security taxes paid by each employee and offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs such as County Group Medical Premiums for the employee or dependents, supplemental insurances, or deferred compensation. 5.10 Indebtedness Texas law limits the County's right to make deductions from an employee's pay (Texas Labor Code Sec 61.018). 61.018. DEDUCTION FROM WAGES. An employer may not withhold or divert any part of an employee's wages unless the employer: 1. is ordered to do so by a court of competent jurisdiction; 2. is authorized to do so by state or federal law; or 3. has written authorization from the employee to deduct part of the wages for a lawful purpose http://tlo2.tlc.state.tx.us/statutesldocs/LA/contentPubm/1a.002.00.000061.00.htm#61 A 18.00 Kerr County may make deductions that are: • authorized by state or federal law • authorized in writing and advance by employee • ordered by court, (e.g. garnishment) The County may deduct an additional $2.50 per pay period ($5.00 per month) to cover its administrative costs. If the employee leaves the job, the County must notify the court and the payee within seven days, giving the name and the address of any new employer, if known. The maximum amount of earnings that may be garnished for child support is based upon Court Order. If the County receives two or more support garnishments, the County Auditor will determine the maximum amount that may be garnished. If the total garnished exceeds the maximum allowable, the employer should first pay an equal amount toward the current support portion of each of the garnishments. For further clarification on Garnishments, see the County Auditor. 5.11 Sevaration Pay Kerr County will pay for all hours worked for which payment has not been received. Direct Deposit will not occur for the employee's last paycheck. 55 ~~~~: ~ Revised 09.06-2008 Unused Vacation Pay: Upon separation, regular employees will be paid for unused vacation time that has been earned through the last day of work up to the "vacation cap" (160 hours). The rate of .,, , ,.. _ Unused Sick Leave: Unused sick leave benefits will not be paid to an employee separating County employment. 5.12 Across the Board Pav Increases During budget deliberations each fiscal year, Commissioners' Court may authorize an across-the-board pay increase. If an across-the-board OR cost-of-living pay increase if approved, the increase will be in the form of a percentage rather than a flat dollar amount. Each salary amount on the pay schedule and each individual employee's salary are adjusted by the authorized percentage increase, unless a specific employee's salary has been frozen as a result of a determination that the employee is being paid beyond the maximum salary established for the position. 5.13 Emuloyee Categories Kerr County has clarified the definitions of employment classifications so employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for~any specified period of time. Accordingly, the right to separate the employment relationship at will at any time is retained by both the employee and Kerr County. There are four (4) categories of employment with Kerr County: • Elected Officials: Duties and responsibilities defined by state law. They shall be governed by state law when it is in conflict with the provisions stated within this handbook. • Avtiointed Officials Department Heads who are appointed (not elected) in accordance with state law. • Exemvt: Employees whose positions meet specific tests established by the Fair -Labor Standards Act (FLSA) and are normally exempt for the overtime pay requirement or compensation time (Time and Attendance Records are required to verify hours for vacation, sick administrative leave taken) • Non-exempt: Employees whose positions do not meet the FLSA exemption test and who are given compensation for hours worked in excess of forty (40) hours per week. (Exception: Law Enforcement, Juvenile Detention, and Juvenile .Probation use 171-hour rule. See your Department Head for further clarification) 56 ~~~~ ~ Revised 09.06-2008 An employee's EXEMPT or NONEXEMPT classification may be changed only upon written notification by Human Resources. 5.14 Business Travel Exuenses Ken County will reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance. by the Department Head. Employees with approved travel are responsible for their own travel arrangements. Employees are expected to limit expenses to reasonable amounts. NOTE: Subject to amendment or discontinuance at any time, Commissioners' Court provides through approval certain expenses that generally will be reimbursed in accordance with the following section and provisions. Expenses that generally will be reimbursed are: • Air or train fare for travel in coach or economy class or the lowest available fare. • Car rental fees (only for compact or mid-sized) • Fares for shuttle or airport bus service, or other public ground travel • Taxi fares, only when there is no less expensive alternative • Mileage costs for use of personal cars when less expensive transportation is not. available. Mileage reimbursed only with copy of miles calculated from the Texas Mileage Guide turned in with reimbursement request. Texas Mileage Guide found on-line at http://ecpa.cpa.state.tx.us/mileage/Mileage.isp • Staying at moderately priced establishments (motel hotel) • Meals, (exclusive of alcoholl reimbursed only with detailed receipt(s). Note: Maximum daily cap for reimbursement is $36. • Charges for telephone calls, fax, and similar charges required for business purposes When travel is completed, employees should submit completed travel expense reports to the Auditor on the appropriate form(s) within 15 days. Employees should contact their Department Head or County Auditor for guidance and/or assistance on procedures related to travel arrangements, expense reports, reimbursement for specific expenses, or any other travel arrangements. When two or more employees are traveling to the same location for the same purpose, they should travel together whenever possible to avoid unnecessary travel expenses. When two or more officials or employees travel in a single automobile, only one employee will receive per-mile or other automobile reimbursements. 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. If an employee who is subject to the overtime provisions of FLSA travels overnight on business (more than one day), they will be paid for time spent traveling (except for meal 57 Revised 09.06-2008 periods) and for their "normal working hours" on their non working days such as Saturdays and holidays. Travel time spent as a passenger on an airplane, train, bus, or car "outside of regular working hours"; is not considered work time. In cases where a rental car is used, employees do not need the optional insurance coverage; the County auto liability will suffice. Conference registration checks will be made out only to the organization sponsoring the conference. If registration is required on-line or is less expensive, prior anuroval from the County Auditor and detailed receipts of personal credit card use maybe accepted. Abuse of this business travel expenses guidance, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for legal and disciplinary actions, up to and including separation of employment. 58 Revised 09-06-2008 6.00 Druz and Alcohol Use 6.01 Drug and Alcohol Use Kerr County is committed to provide a drug and alcohol free workplace. It is Kerr County's policy to maintain adrug-free and alcohol-free work environment. Use of illegal drugs and/or alcohol creates serious health and safety risks in the workplace. The use, sale, transfer, or possession of alcohol, illegal drugs, misuse of prescription drugs, or other illegal substances is strictly prohibited while at work, on county property, or while on county business. This prohibition also includes illegal or improper use of controlled substances. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. The employee will notify their Department Head if they are under any prescribed drugs that can potentially affect their normal ability to accomplish assigned tasks. Violations, even a first offense, will be a basis for disciplinary action up to and including separation. Such violations may also have legal ramifications. Such violations include but are not limited to, possessing illegal or non-prescribed drugs and narcotics or alcoholic beverages at work, being under the influence of such substances while working, using them while working, or dispensing, distributing, or illegally manufacturing or selling them on County premises or work sites. Employees with questions or concerns about substance dependency or abuse are encourage to discuss these .matters with their Department Head or Human Resources to receive assistance or referrals to appropriate resources in the community. All applicants for employment are to be tested for such substances as alcohol or drugs. Applicants are informed of the test in writing on each application for employment. All employees are subject to random drug testing (using DOT limits) as acceptable thresholds for drug/alcohol testing) to help ensure a "drug and alcohol free" workplace. Employees with drug or alcohol problems that have not resulting in, and are not the immediate subject of investigation or disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program. Leave maybe granted if the employee agrees to abstain from use of the problem substance; abides by all Kerr County policies, procedures, guidelines, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause Kerr County any undue hardship. Depamnent Heads should discuss with Human Resources immediately any action by an employee who demonstrates an unusual behavior pattern. The Department Head may ultimately want to make a determination, without regard to the cause of the individual's inability to perform, that the employee is unable to perform assigned duties safely or 59 ~~' ~ Revised 09.06-2008 properly and respond accordingly. Employees may be required to take a test at any time to determine the presence of drugs, narcotics, or alcohol, unless such tests are prohibited by law. Under the "Drug-Free Workplace Act," an employee who performs work for a government contract or grant must notify Kerr County of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five (5) days of the conviction to the Department Head and Human Resources. Employees with questions on this guidance or issues related to drug or alcohol use in the workplace should raise their concerns with their Department Head or Human Resources without fear of reprisal. 6.02 Drug and Alcohol Testing Ken County is committed to provide a drug and alcohol free workplace. It is Kerr County's policy to maintain adrug--free and alcohol-free work environment. Use of illegal drugs and/or alcohol creates serious health and safety risks in the workplace. To help ensure a safe and healthy working environment, all job applicants will be required to submit to apre-employment drug test, and current employees maybe asked randomly to provide body substance samples (such as urine) to determine the illicit or illegal use of drugs and/or alcohol (using DOT limits as acceptable thresholds for drug alcohol testing). Refusal to submit to drug testing may result in disciplinary action, up to and including separation of employment. All new hires are required to take a drug test as part of the "offer of employment." Failure to do so negates the offer of employment. All individuals operating commercial vehicles are required by the Department of Transportation (DOT) to take pre- employment drug tests, random tests, test immediately following accidents, reasonable suspicion, and fitness for duty testing. For more information concerning the drug testing within Kerr County, or its administration, contact Human Resources. 60 ~~ ~ Revised 09.06-2008 .0 Safe 7.01 Safety We Stress Safety The safety of our employees and the general public is of utmost importance to Kerr County. We train our people to avoid injury to themselves and others in all stages of their work. We do not tolerate unsafe work practices and encourage the participation of all employees in safety awareness and activities. Kerr County is committed to developing the most effective safe practices in all areas of our work. The health and safety of each employee is of great importance to Kerr County and for that reason, we stress Department Heads place a great importance upon safety training their employees. Kerr County will work with our employees to enable them to take an active role in creating and maintaining an injury free and auto accident free workplace for all employees. We will position ourselves to anticipate and respond to the changing health and safety, regulatory, and compliance needs. We use partnerships and resources with outside and professional agencies including but not limited to: • American Society of Safety Engineers (ABBE) http://www.asse.org[ • Network of Eranployers for Traffic Safety (NETS) http://www.trafficsafety.org index2.as~ • The National Safety Council (NBC) http://www.nsc.orgL • Occupational Safety & Health Administration (OSHA) http//www.osha:gov/ • Workers' Compensation Research Institute (WCRI) h~tp://www.wcrinet.ore/ • The American Association of Occupational Health Nurses (AAOHN) http://www. aaohn. orgL Keep Safety in mind no matter what you are doing! Use common sense and follow these basic guidelines: • You MUST report any accident, injury, or illness immediately to your Department Head, regardless of its severity • Inspect equipment, tools, and protective equipment, before using • Report any defective, malfunctioning, or broken machinery/equipment or protective equipment (and do not use until. it is fixed or replaced) • Protective equipment must be worn when the work merits (e.g. protective eyewear, footwear, gloves, etc.) • When .using tools and machinery, follow the instructions • Walk - Do not run • Keep your work area neat and aisles clear and free of tripping hazards (i.e. wires, cords, boxes, etc) • Ask questions about anything that you do not understand BEFORE you attempt or use it 61 ~~~~~' ~ Revised 09.06-2008 • Be alert to possible risks, or things that "do not seem quite right" • Be aware that loose clothing, dangling jewelry, improper footwear, or other loose or hanging items are a safety hazard and should be arranged (fixed) to reduce your hazard • Bring any unsafe practice or condition to the attention of your Department Head and/or a member of your Health and Safety Committee Kerr County is very serious about eliminating accidents, injuries, and work related illnesses and we expect all employees to take safety seriously as well. For everyone's safety, unsafe acts by employees will not be tolerated. Employees engaging in unsafe acts in the workplace will be subject to disciplinary action up to and including separation. 7.02 Accident and Iniury Prevention Proeram Employees are responsible and will be held accountable for providing the County with a commitment to the safety and health program, abiding by the policies, procedures, and guidelines set forth by the program, and becoming actively involved in the program to assist in providing a safe workplace for all employees. Department Heads will provide initial orientation and on-going training for their respective areas. For further information, contact Human Resources. 7.03 Personal Iniury Reporting Employees with a work related incident with or without sustaining a work related injury or illness must inform their supervisor immediately. They will complete a First Report of Incident/Injury form indicating the details of the incident/injur~ It is mandatorv they also are reported to Human Resources within 24 hours and t,~e report faxed to HR (note: if an injury occurs on a Friday between the close of business 5:00 p.m.) and the start of business (8:00 a.m.) on the following Monday, the injury will be reported within 24 hours from the start of business on Monday. (Human Resources fax line is 830-257-9227) This will enable the employee to qualify for the coverage as quickly as possible. Failure to report an on-the job accident, illness, or injury in a timely manner may result in the loss of or denial of Workers' Compensation benefits. Utilize the Workers' Compensation First Report of Incident/Injury obtained from your department head or Human Resources. (See Appendix B for a copy of the First Report) See 4.07 for further clarification on Personal Injury Reporting policies and procedures. 7.04 Modified Duty -Temporary Alternate Work (TAW) This guidance covers employees who are on leave due to an occupational injury or illness. Because employees are Kerr County's most valuable assets, the County attempts to help employees return to work as soon as possible after their physician certifies their fitness to do so. Coordination with Attending Physician: 62 ~,~~ ~ Revised 09.06-2008 An employee on leave due to awork-related disability can return to work only when the County Human Resources receives the attending physicians' written medical release authorizing such return. The Depamnent Head or Human Resources are responsible for providing the physician with a copy of the employee's job description for potential modifiedduty or Temporary Alternate Work (TAW). Return-to-Work Options: Arrangements to facilitate an employee's early return to work are made in consultation with the employee's attending physician and/or other qualified medical professions retained by the County (HR) or its insurance carrier. The following options are explored: Return to prior position - an employee is offered the opportunity to return to his/her prior position if the attending physician certifies the employee can perform the essential functions of the job with without reasonable accommodations. Human Resources is responsible for working with the employee's supervisor and attending physician (and third party consultants, as necessary) to provide any reasonable accommodations Modifiedduty /TAW -Any employees not yet able to return to their former duties are offered (subject to the restrictions set out in the following paragraph) a temporary modifiedduty assignment approved by the employee's attending physician. Human Resources is responsible for working with the Department Head to develop and implement the modified-duty assignment. The assignment can consist of the employee's regular job with reduced working hours or reduced activities, or an alternative modified-duty position. Restrictions on Modified Duty Assignments: The following restrictions apply to modifiedduty assignments: • No guarantee of work - As provided in the above paragraph (Modified Only), Kerr County must endeavor to return employees to gainful employment as soon as possible by exploring possible modifiedduty assignments. However, Kerr County does not guarantee the availability of modifiedduty work due to limited positions being available. • Pay rates and workers' compensation benefits -Employees on modified duty are not guaranteed the rate of pay they received for the position they held at the time they sustained their work related injury or illness. The pay rate for a modifiedduty assignment is based on the knowledge skills, and the abilities required for the job as well as general market conditions. Employees returning to work in modifiedduty positions before they have reached maximum medical improvement are eligible for temporary partial disability benefits under Texas Workers' Compensation program, if they earn less than they earned in the position held at the time they sustained the work related accident/illness. Employees in modified-duty positions are not permitted to supplement their workers' compensation benefits by using their accrued vacation, personal, or sick leave. 63 ~I'~° ~ Revised 09.06-2008 • 12 week limit -Modified duty assignments are temporary arrangements intended to complement and facilitate the healing process. Modifiedduty assignments cannot exceed 12 weeks without approval from the Kerr County Human Resources Director. The Human Resources Director must request this deviation from Commissioners' Court. Employee Refusal of Work/Training: In the event an employee refuses to return to regular or modified-duties in response to a written, bona fide offer of employment by Kerr County sent via Certificate of Mailing, the employee is separated from the County and his/her position will be filled permanently (an exception to this rule applies in the case of employees who have not yet exhausted their FMLA leave entitlement. See the paragraph below on FMLA coordination). Notes See last paragraph of this section on Coordination with FMLA Permanent Disabilities: When reaching maximum medical improvement (MMI), an employee can have a permanent disability that impair the employee's ability, with without reasonable accommodations, to return to his/her regular position. Ken County, in consultation with the employee's attending physician and Texas Workers' Compensation Department, must evaluate the following options: • Securing vocational rehabilitation services from Texas Employment Department or private consultants, as appropriate. Services can include assessment and testing, counseling, and training. • Finding a position at Kerr County commensurate with the employee's knowledge, skills, and abilities (if available) in accordance with ADA Employees with permanent disabilities are paid partial or total permanent disability benefits as required under Texas Workers' Compensation Program. Medical Information:. All employees' medical information is held in strict confidence in accordance with the Americans with Disabilities Act. Medical inquiries are limited to those permitted under Texas Workers' Compensation statute and applicable federal law. Coordination with FMLA: Nothing in these guidelines should be construed as denying employees their rights under the Family and Medical Leave Act or any other federal or state law. It is Kerr County's prerogative to designate an employee's leave due to a work- related injury or illness as FMLA leave. To the extent permitted by the FMLA, the 64 ~ ~ Revised 09-06-2008 County counts the period of an employee's modifiedduty assignment toward the employee's FMLA entitlement. Employees entitle to FMI.A leave can voluntarily accept modified-duty while they are recuperating, but they cannot be required to do so. However, employees will lose their workers' compensation benefits as a result of declining amodified-duty assignment (applies to work related injuries) and will be required to substitute any available paid leave, such as accrued vacation or sick leave, for remainder of any unpaid FMLA leave. Until employees have exhausted their 12 week FMLA entitlement, they have the right to be reinstated to their original job or an equivalent job provided they are able to perform the job's essential functions. ?.OS Health Insurance Portability and Accountability Act (HIPAAJ Reviewed with all employees during November 2006 Open Enrollment and all new hires receive a personal copy during new hire orientation. Kerr County understands that medical information is personal. HIPAA protects your right to privacy. (See Appendix A for full information) ?.06 Workplace Violence Kerr County. is committed to maintaining a work environment free of threats, intimidation, and physical harm. Each employee is responsible for help to maintain this safe environment. Disciplinary action up to and including separation maybe taken against anyone found guilty of acts or threats of violence. Such violations may also have legal ramifications. Ken County has zero tolerance of workplace violence. Physical assaults, threats, intimidation, and intentional destruction of property in County facilities is prohibited. The possession of firearms and/or other weapons on County property is strictly prohibited. The inappropriate use of workplace tools (knives, scissors, box cutters, etc.) may also be considered a threat and is not allowed. 65 IC~I~~' ~ Revised 09-06-2008 8.0 Count~Facility Security (Sheriff will author this section for us) 8.01 kkkkkk 8.02 kkkkk 66 ~I~ ~ Revised 09-06-2008 9.00 Business Policies and Guidelines 9.01 Esc ual Employment Policy Kerr County maintains and supports fair and equal employment opportunities for employees and applicants seeking employment. Employment practices are conducted in a manner which will not discriminate against any employee or applicant because of race, color, religion, sex, pregnancy, sexual orientation, national origin, age, the presence of physical or mental disability, veteran status, or any other reason prohibited by law. Such nondiscriminatory practices apply to all aspects of employment, including but not limited to: hiring, upgrading, promotions, job reclassifications, transfers, work assignments, layoffs, job terminations, compensation and benefit programs, and educational or training opportunities. If you believe that you have been the subject of discrimination (or harassment), or if you are aware of a situation that could constitute discrimination or harassment, immediately notify your Department Head or Human Resource. In response to such reports, Kerr County will conduct a prompt and thorough investigation. To the extent possible, investigations will be kept confidential among the employees concerned and those employees who need to be informed in order to complete the investigation. 9.02 Diversity in the Workplace Kerr County values the diversity that exists within our workforce. All employees are responsible for creating a workplace of fairness, dignity, and respect for all employees - an environment of inclusion, encouraging participation and the best efforts of everyone. The diversity of our workforce results from a sincere effort to hire and retain dedicated people from the community. 9.03 Americans with Disabilities Act- (ADA) Consistent with Kerr County's commitments to equal opportunity, nondiscrimination, and diversity, it is the County's policy to fully comply with the ADA and related state laws. Kerr County prohibits discrimination against qualified individuals with disabilities and insures that all individuals are provided equal employment opportunities without regard to disability. If an individual requests an accommodation to perform his/her job, Kerr County will review the request and determine whether a reasonable accommodation is appropriate. The review occurs in an individualized, case-by-case manner. If you or an employee you supervise believes that a job modification or other form of accommodation is needed under this policy, you should immediately consult with Human Resources. 67 ~~~ A Revised 09.06-2008 9.04 Professional Conduct and Anti-Harassment Ken County is proud of its professional and friendly work environment and takes necessary steps to ensure the workplace remains pleasant for everyone. In order to maintain a positive work environment, all employees must treat each other with courtesy, consideration, and professionalism. Ken County prohibits unprofessional and discourteous actions, even if those actions do not constitute unlawful harassment. Accordingly, derogatory or other inappropriate remarks, slurs, threats, or jokes will not be tolerated. Similarly, inappropriate visual and non verbal objects or conduct are unacceptable and will not be tolerated. Likewise, inappropriate physical contact will not be allowed in the workplace. Kerr County will .not tolerate harassment of any employee by anyone for any reason. 9.05 Harassment Definition Under the United States Code Title 18 Subsection 1514(c)1. Harassment is defined as "a course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose." Harassment is also defined as -- Verbal or physical conduct designed to threaten, intimidate, or coerce. Also, verbal taunting (including racial and ethnic slurs) which, in the employee's opinion, impairs his/her ability to perform his/her job responsibilities. Kerr County will not tolerate harassment of any employee by anyone for any reason. 9.06 Sexual Harassment Definition Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual Harassment is defined as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment." Kerr County will not tolerate harassment of any employee by anyone for any reason. 9.07 Forms of Harassment Generally, forms of harassment include, but are not limited to: • Verbal: repeated sexual innuendos, racial or sexual epithets, derogatory slurs or remarks, off-color jokes, propositions, threats, or suggestive or insulting sounds; • Visual/Non verbal: derogatory posters, cartoons, or drawings, suggestive objects or pictures, graphic commentaries, leering, or obscene gestures; • Physical: unwanted physical contact, including horseplay, touching, interference with an individual's normal work movement, or assault; 68 ~~~ ~ Revised 09-06-2008 • Other: making or threatening reprisals as a result of a negative response to harassment. 9.08 Harassment Complaint Procedure Any employee who witnesses objectionable conduct or believes he/she is subject to or maybe subjected to objectionable conduct must report it immediately to their Department Head or Human Resources. These reports maybe made verbally or in writing. Do not allow an inappropriate situation to conrinue by not reporting it, regardless of who is creating that situation. No employee is exempt from this policy. In response to such reports, Ken County will conduct a prompt and thorough investigation. To the fullest extent possible, investigations will be kept confidential among the employees concerned and those employees who need to be informed in order to complete the investigation. Any employee who brings such a report to the attention of Kerr County in good faith and/or provides information related to such a report will not be adversely affected or retaliated against. Kerr County will take immediate and appropriate corrective action whenever it determines that a violation of a policy has occurred. Any employee who violates this policy may by subject to separation or other disciplinary actions. All complaints received by any elected official, depamnent head, or supervisor must be immediately reported to the Human Resources Director. The Human Resources Director will inform Commissioners' Court of all complaints and will coordinate with the appropriate personnel as part of any investigation. Kerr County will not tolerate harassment of any employee by anyone for any reason. 9.09 No Retaliation This policy prohibits retaliation against employees who bring charges of conduct in violation of Section 9 or assist in investigating chazges, or who report harassing behavior directed at persons other than the employee. Any employee found to have engaged in retaliatory action or behavior will be subject to disciplinary action up to and including sepazation. 69 ~I~,l~`' ~ Revised 09-06-2008 10.00 Informarion Technolo~v Policy 10.01 Policy It is the policy of Kerr County to provide an atmosphere that encourages the free exchange of ideas and sharing of information to benefit the conduct of official Kerr County Business. Access to this environment and Kerr County's information technology resources is a privilege and must be treated with the highest standard of ethics. Kerr County expects all individuals to use the computing and information technology resources in a legal, ethical, and responsible manner; respecting the public trust through which these resources have been provided, the rights and privacy of others, the integrity of facilities and controls, and all pertinent laws and Ken County policies and standards. WILL FINISH COPYING FROM THE HARD COPY OF THE ORDER (9 PAGES) 10.01 Aaaaa 10.02 Bbbbbb 10.03 Ccccc 10.04 Ddddd ~o ~~~ ~ Revised 09-06-2008 1.1.00 Family and Medical Leave 11.01 Fa and Medical Leave Act The Family and Medical Leave Act ("FMLA") provides eligible employees with leave (with or without pay), certain benefits protections, and job restoration for qualifying events. If a conflict exists between these provisions and the FMLA, the FMLA governs. Employees may obtain forms for applying for FMLA from Human Resources. Definitions The words and terms defined in this section have the meanings given unless the context clearly indicates another meaning. Child - A biological, adopted, foster, or stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or who is 18 years of age or older and is incapable of self-care because of a mental or physical disability. Eligible Employee - An employee who: • Has been employed by the County for a total of at least 12 months and • has at least 1250 hours actually worked during the 12 months immediately preceding the leave. Employment Benefits -All benefits the County provides or makes available to Eligible Employees, including group life, health, and disability insurance, Sick Leave, and Retirement. Group Health Plan -Any plan of, or contributed to by, the County to provide health care to employees or the families of such employees. Health Care Provider - A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State of Texas; or any other person determined by the United States Secretary of Labor. Intermittent Leave -Leave taken in separate blocks of time for a single illness or injury, rather than one continuous period of time, which may include periods from a portion of an hour or more to several weeks. Parent -The biological parent of an employee or an individual who stood in loco parentis to the employee when the employee was a child. Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves: 71 ~,~ ~ Revised 09.06-2008 inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this section, defined to mean inability to work or perform regular daily activities due to the Serious Health Condition, treatment therefore or recovery therefrom) or any subsequent treatment in connection with the inpatient care; or continuing treatment by a health care provider. A Serious Health Condition involving continuing treatment by a health care provider includes any one or more of the following: a) a period of incapacity of more than 3 consecutive calendar days, and. any subsequent treatment or period of incapacity relating to the same condition, that also involves: treatment 2 or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider; or treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the, health care provider b) any period of incapacity due to pregnancy or for prenatal care. c) Any period of incapacity or treatment for such incapacity due to a chronic Serious Health Condition. A chronic Serious Health Condition is one that: Requires periodic visits for treatment by a health care provider, or by a nurse's or physician's assistant under direct supervision of a health care provider Continues over an extended period of time (including recurring episodes of a single underlying condition); and May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.) d) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be 72 Revised 09-06-2008 effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or terminal stages of a disease. e) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period incapacity of more than 3 consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritic (physical therapy), or kidney disease (dialysis). Spouse - A husband or wife as defined or recognized under Texas law, including common law marriage. Oualifvina Events Eligible employees are entitle to FMLA for the following Qualifying Events: • The birth of a child of the employee an din order to care for such child; ^ The placement of the child with the employee for adoption or foster care; ^ To care for the Spouse, Parent, or Child of the employee if the Spouse, Parent, or Child has a Serious Health Condition; or ^ The employee's own Serious Health Condition. Entitlement to Leave Eligible Employees with a Qualifying Event(s) are entitled to a maximum of 12 workweeks of leave per calendar year. If a husband and wife both work for the County, they must split the 12 workweeks for the birth or placement of a child. They do not have to divide the 12 workweeks evenly. Tomes of Leave If needed, Eligible Employees may take up to 12 weeks of leave at once. Eligible Employees may take leave intermittently for any Qualifying Event except the birth or placement of a child. ^ Alternative Position on Leave Taken Intermittently If an employee requests intermittent leave that is foreseeable based on planned medical treatment, the Department Head may temporarily transfer the 73 ~~~' ~ Revised 09.06-2008 employee to another position that has equivalent pay and benefits and better accommodates recurring periods of leave than the employee's regular position. Substitution of Paid Leave for Unpaid Leave Vacation and Sick Leave Employees on FMI.A leave must exhaust all available Vacation Leave and Sick Leave (if applicable) before taking unpaid FMI.A leave. Sick Leave is only applicable if the Qualifying Event is the employee's own serious health condition or if the employee uses Sick-Leave for the Serious Health Condition of a Spouse, Parent, or Child. Compensatory Time An employee may choose to use their available Compensatory Time for an FMIA- qualifying event. If they make that choice, then the absences are simultaneously designated as FMIA and Compensatory Time and count toward FMIA leave. Expiration of Entitlement to Leave ^ Entitlement to FMLA leave for the birth or placement of a child expires at the end of the 12-month period beginning on the date of the birth or placement. For every other Qualifying Event, the entitlement to leave ends when the Qualifying Event stops or the employee exhausts 12 weeks of leave, whichever occurs first. In either event, the employee must notify Human Resources within 2 working days of learning that the need for FMIA leave ended and the employee must return to work. FMIA is based on a "rolling" year -measured forward from the date the employee is approved for FMLA, The twelve-month period in which an employee is entitled to twelve weeks of FMIA leave shall be the 12-month period measured forward from the date an individual employee's first leave begins. While on leave without pay under this policy, the 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. Benefits Protection During any period that an Eligible Employee takes FMLA leave, the County maintains coverage under any Group Health Plan at the level and -under the condition coverage would have been provided if the employee had continued in employment. Employees who choose to continue coverage while on unpaid FMIA leave must pay their share of premiums, if an, under the Group Health plans then in effect. The employee must pay their premiums for any supplemental plans while on FMIA. The County bills employees on unpaid FMIA in advance to maintain coverage. If the 74 ~@~ ~ Revised 09.06-2008 County does not receive payment within 30 days of the due date, such coverage ends on the 31" day. The County recovers the premium paid for maintaining coverage under such Group Health Plan during any period of unpaid FMLA leave if: ^ The employee fails to return from FMLA leave after the expiration of the designated leave period; and ^ The employees fails to return to work for a reason other than the continuation, recurrence, or onset of a Serious Health Condition that entitles the employee to leave or other circumstances beyond the employee's control. ^ An employee who works less than 30 calendar days after returning to work is considered to have failed to return to work and must reimburse the County for any premiums paid for maintaining coverage during any unpaid PMLA leave. Department Heads are responsible for notifying Human Resources if an employee fails to return to work. Employees continue to accrue Vacation Leave during FMLA. Employees do not accrue Sick Leave during unpaid FMLA. Any area or issue regarding family and medical leave which is not addressed in this policy shall be subject to the basic requirements of the Federal Family and Medical Leave Act (FML~ and the regulations issued to implement the Act. Tob Protection An employee who returns to work on or before .the working day following the expiration of the authorized FMLA leave period is entitled to be restored: ^ To the position held when the leave began; or ^ To an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. An employee who exhausts the authorize FMLA leave and fails to return to work may be subject to discipline, including separation. Employees who fraudulently obtain FMI.A leave are not protected by FMLA and will be subject to disciplinary action, up to and including separation. Foreseeable Leave If the need for FMLA leave is foreseeable, the employee must provide the Department Head and in turn Human Resources notice at least 30 days before the leave begins. Failure to give 30-days notice results in the denial of leave until 30days notice is provided. 75 ~~,~' ~ Revised 09.06-2008 Scheduling Foreseeable Leave Based on Planned Medical Treatment If the need for leave is foreseeable based on planned medical treatment, the employee must make a reasonable effort to schedule the treatment so it does not disrupt the operations of the department, subject to the approval of the appropriate Health Care Provider. Unforeseeable Leave If the medical treatment is unforeseeable, the employee must provide such notice as is practicable -within 1 or 2 business days of when they learn of the need for leave. Designation Procedures Human Resources or an authorized representative always has the responsibility to designate leave as FMLA-qualifying based upon the information the employee provides. The designation of qualifying absences as FMIA leave is not option for either the employer or the employee. Emolovee Request for Leave When an employee specifically requests FMIA leave or when an employee requests leave for any reason that is or may be a Qualifying Event, Human Resources or an authorized representative should have the employee complete an application for F1vILA and provide them with the FMLA Notice to Employee of Responsibilitiesgnd Requirements promulgated by the Human Resources office. If the employee is not able to complete the FMIA application, Human Resources or an authorized representative must complete the form based on information the employee or their spokesperson provides. Information provided is released only to those with a legitimate need-to-know. Employees who do not provide sufficient information for Human Resources to determine whether the absence(s) are protected under FMIA do not receive the protections under the law. Wo;kers' Compensation and FMLA If an employee is eligible for F~II,A leave and has a Workers' Compensation injury that is a Serious Health Condition as defined in 4.07, the Department Head simultaneously. designates the Workers' Compensation absences as FMLA. Status While on Leave and Return to Dutv Status Reports An employee on FMLA leave must report his/her status and intent to return to work to his/her department periodically. These periodic reports must be made at least once every 2 weeks or in accordance with the schedule designated in the Notice to Employee of Responsibilities and Requirements. Fitness for Duty Certification Before returning to work, an employee who uses continuous FMLA leave because of her own Serious Health Condition must provide a doctor's statement or a completed 76 ~~1I~ ~ Revised 09-06-2008 fitness-for-duty certification pertaining to the same condition(s) for which he/she used FMLA leave. The certification must state that he/she is fit for duty and able to return to work. If the employee is unable to perform all of the essential functions of his/her job, they must provide as much advance notice as possible to Human Resources and their Depamnent Head of any restrictions or limitation on their abilities so the department can determine whether a reasonable accommodation is appropriate. 77 ~~~~° ~ Revised 09-06.2008 12.00 Business Policies and Guidelines 12.01 Life Threatening Illness in the Workplace Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often continue normal pursuits, including work, to the extent allowed by their condition. Kerr County supports these endeavors as long as employees are able to meet acceptable performance standards. Kerr County will make reasonable accommodations in accordance with all legal requirements to allow qualified employees with life- threatening illnesses to perform the essenrial functions of their jobs, unless the request imposes an undue hardship on the County. Employees with life threatening illnesses are entitled to eligible benefits. Kerr County reserves the right to require an employee to undergo medical examination by another doctor chosen by the County whenever there is a question regarding whether a worker might pose a threat to the safety or health of the employee, other employees, or the public. Refusal to work with an employee or to provide services to anyone who has been diagnosed as having a life threatening illness, unless there is a direct threat to health or safety, may result in disciplinary action. 12.02 Treasurer's Office Procedure Regarding Receivine Revenues Revenues turned into the County Treasurer's office after 4:00 PM will be processed, receipted, and deposited the next normal business day. 12.03 County Cell Phone Policy Cellular telephones and services maybe provided to certain Ken County employees to conduct job related activities that cannot not be conducted on a landline telcphone or for which it would be inefficient to use a landline telephone. Requests for cell phones must be approved by the employee's Department Head (who will determine need), the County Auditor, and County Information Technology Director (who will provide advice on the most appropriate equipment and plans). These requests will then be presented to Commissioners' Court for approval. Personal Calls .Kerr County provides cell phones to employees for the purpose of conducting Kerr County business. The use of County-owned cellular equipment to make or receive personal calls is discouraged, although it is understood that usage for personal reasons maybe necessary in emergency situations. Employees must realize that although personal calls made within the local calling region and under the usage limits provided by the County's. plan may not result in additional charges, they do count toward the overall time limits established under the service agreement. Any overage, long distance, roaming, or other charges realized by the employee for personal calls shall be the responsibility of the employee. An employee may not operate a personal business from a Kerr County cell phone. 78 ~~.~' Q Revised 09.06-2008 Damage, Loss, or Theft Handsets or other equipment that is damaged in the course of business should be brought to Kerr County IT, who will contact the vendor for replacement or repair. Lost or stolen cellular equipment should be immediately reported to the employee's Department Head and Kerr County IT so that the service can be cancelled. All costs incurred for replacement or repair will be the responsibility of the employee's department. If the damage, loss, or theft is due to employee negligence, all costs incurred for replacement or repair will be the responsibility of the employee. Usage Monitoring Department Heads are responsible for educating subordinates about appropriate cellular telephone procedures and monitoring their usage. In emergency situations, Department Heads may grant exceptions to these usage policies. In such circumstances, the employee must reimburse any charges incurred for personal use no later than the next pay period. If employees approved for a County cell phone decline a county cell phone to use their own personal phone for business, a maximum of fifty dollars ($50.00) per month may be submitted for payment and reimbursement through the County Auditors office. A copy of the employees' monthly cellular statement and all calls for County business must be notated. These requests would be submitted for approval through Commissioners' Court. Office Cell Phone Courtesy Kerr County understands and appreciates that employees utilize their cell phones for business purposes. At the same time, cell phones are a distraction in the workplace. Many County offices require cell phones to be turned off. Department Heads are responsible for clarification of the cell phone policy within their offices. Shut It Off Kerr County also recognizes that employees use their county cell phones for business purposes while driving. However, due to research about the safety of cell phone use while driving, Kerr County prohibits employee use of cell phones, for business purposes, while driving. Kerr County understands that other distractions occur while driving however, eliminating the use of cell phones while driving, is one way to minimize the risk of employee accidents. Therefore, employees are required to either stop the vehicle so that you can safely use your cell phone, or allow the call to go to voicemail until you can safely use your cell phone. Engaging in Kerr County business using a cell phone while driving is prohibited. Employees who violate this policy maybe subject to disciplinary actions, up to and including separation. 79 ~~~' ~ Revised 09-06-2008 Appendix A: HIPAA HIPAA A federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), requires that health plans and health care providers protect the privacy of certain medical information. For more information The attached HIPAA Privacy Notice describes: • the medical information practices of Kerr County-sponsored group health plans • how your medical information may be used and disclosed • How to obtain access to this information Notice of Health Plans Privacy Practices Effective April 14, 2003 (or such later date permitted by law) This notice describes how your medical information maybe used and disclosed and how to obtain access to this information. Please review it carefully. This notice only applies to Kerr County sponsored health plans. I f you participate in a Non-Kerr County sponsored plan, this notice only applies to your Employee Assistance Plan benefits. If you participate in an insured benefit, for instance an HMO, you will also receive a separate notice directly from the insurer. Introduction Kerr County understands that medical information is personal. A federal law, the Health Insurance Portability Act (HIPAA), requires that health plans and health care providers protect the privacy of certain medical information. This notice covers the medical information practices of the Kerr County sponsored group health plans (the "Plans*"). This nonce intends to inform you of your rights under the privacy provisions of HIPAA and the HIPAA obligations imposed on the Kerr County sponsored Plans. If you have general questions about your medical claims information maintained by the Plans, call the Kerr County Human Resources office. For questions about plan eligibility or claims appeal information maintained by the Kerr County plans, contact the Kerr County Human Resources office. Do not contact the Kerr County Human Resource office for questions about an insured benefit or a plan not sponsored by Kerr County. Only health information that may specifically identify you and is used or disclosed by the Plans is protected by HIPAA. This health information is called protected health information (PHI). Health information that Kerr County receives about you as an employer is not PHI. Thus, your sick leave records, FMLA leave information, drug testing results, Workers' Compensation files, disability, life insurance, and OSHA records are not PHI and not covered by this notice. If you have questions about such employment information, do not contact the Plans or the Kerr County Human Resource office. 80 ~~ ~ Revised 09-06-2008 Third parties assist the Plans in administering your health benefits. These entities keep and use most of the medical information maintained by the Plans such as information about your health condition, the health care services you receive, and the payments for such services. They use this information to process your benefit claims. They are required to use the same privacy protections as the Plans. The members of the departments defined by Kerr County and identified below who assist with administration of the Plans have limited access to medical information about you. This information is generally limited to: (1) whether you are enrolled in the Plans or are eligible; (2) the family members you cover under the Plans; (3) the amount you contribute for your health care coverage, and (4) information about certain claims, claim denials, and appeals. Departments whose personnel have limited access to PHI: Kerr County Human Resources (health care and retirement), Legal, Internal Audit, and Information Services. Remember, the Plans do not maintain all of your medical information. Your health care providers (doctors and hospitals) also maintain some of your information. You should ask your health care providers directly if you have questions about medical information they maintain. * The Plans consist of the Kerr County-sponsored medical, dental, prescription drug, and coverage extended to certain active, disabled, former, and retired employees of Kerr County and their family members. If you have coverage under a "fully insured" benefit option such as an HMO or long- term care insurance you will receive a separate notice of privacy practices from the insurance carrier or sponsor of that plan regarding your medical information. How the plans may use and disclose your medical information This section describes how the Plans use and disclose medical information to administer benefits under the Plans. Please note that this notice does not list every use or disclosure; instead, it gives examples of the most common uses and disclosures. Primary uses and disclosures of PHI • The Plans may disclose your PHI so that your doctors, dentists, pharmacies, hospitals, and other health care providers may provide you with medical treatment • The Plans also may send your health care information to doctors for patient safety or other treatment related reasons. • The Plans may use and disclose your PHI for benefit payment such as to see if you are eligible for benefits, to calculate your benefits under the Plans, to pay your health care providers for treating you, to calculate your co-pays and coinsurance amounts, to decide claims appeals and inquiries, or to coordinate coverage. For example, the Plans may disclose information about your medical history to a physician (including your physician) to determine whether a 81 ~~~~' ~ Revised 09.06-2008 particular treatment is experimental, investigational, or medically necessary or to decide if the Plans will cover the treatment. • The Plans may also share medical information with a utilization review or pre- certification service provider. Likewise, the Plans may share medical information with another entity to coordinate payment of your benefits (e.g., under your spouse's plan). The Plans will also share your information to assist with subrogation of your claims. • The Plans may use and disclose PHI about you for additional related health care operations necessary to run the Plans. For example, the Plans may use PHI in connection with: underwriting and soliciting bids from potential insurance carriers; merger and acquisition activities; setting premiums; deciding employee premium contributions; submitting claims to the Plans' stop-loss (or excess loss) carrier; conducting or arranging for medical review; legal services; audit services; and fraud and abuse detection programs. • The Plans also may use your PHI for administrative activities such as business planning and development, cost management, business management, and conducting quality assessment and improvement activities. • The Plans may use your medical information to contact you or give you information about treatment alternatives or other health-related benefits and services that maybe of interest to you. • The Plans may disclose your medical information to its third-party administrators to assist in these activities. Other uses and disclosures of PHI • The Plans are required to disclose your PHI to the Secretary of the U.S. Department of Health and Human Services if the Secretary is investigating or determining compliance with HIPAA. • The Plans will disclose PHI about you when required to do so by federal, state, or local law. • The Plans may release your PHI for Workers' Compensation or similar programs. • The Plans may use and disclose PHI about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. • If you are an organ donor, the Plans may release your PHI to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. • If you are a member of the armed forces, the Plans may release your PHI as required by military command authorities. • The Plans may disclose your PHI for public health activities (e.g., child abuse and neglect, threats to public health and safety, and national security). • -The Plans may disclose your PHI to a health oversight agency for activities authorized by law (e.g., audits, investigations, inspections, and licensure). 82 ~~~~~' ~ Revised 09.06-2008 • If you are involved in a lawsuit or a dispute, the Plans may disclose your PHI in response to a court or administrative order. • The Plans may also disclose your PHI in response to a subpoena, discovery request, or other lawful process to someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested. • The Plans may release your PHI if asked to do so by a law enforcement official. • The Plans may release medical information to a coroner or medical examiner. • The Plans may release your PHI to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. • If you are an inmate of a correctional institution or under the custody of a law enforcement official, the Plans may release your PHI to the correctional institution or law enforcement official. • Using its best judgment, the Plans may disclose your PHI to a family member, other relative, close friend, or other personal representative. Such a use will be based on how involved the person is in your care or payment that relates to that care. • The Plans may release claims payment information to spouses, parents, or guardians. Other uses and disclosures of your PHI that are not described above will be made only with your written authorization. If you authorize the Plans to use or disclose your PHI, you may revoke the authorization at any time in writing. However, your revocation will only stop future uses and disclosures that are made after the Plans receive your revocation. It will not have any affect on the prior uses and disclosures of your PHI. The privacy laws of a particular state or other federal laws might impose a stricter privacy standard. If these stricter laws (state or federal) apply, the Plans will comply with the stricter law. Your rights regarding PHI You have the following rights regarding PHI the Plans have about you: • You have the right to inspect and copy your PHI that maybe used to make decisions about your benefits. To inspect and copy your PHI that maybe used to make decisions about you, you must submit your request in writing to the appropriate privacy contact. If you request a copy of this information, the Plans may charge a fee for the costs of copying, mailing or other supplies associated with your request. The Plans .may. deny your request to inspect and copy your PHI in certain very limited circumstances. HIPAA provides several important exceptions to your right to access your PHI. For example, you will not be permitted to access psychotherapy notes or information compiled in anticipation of, or for use in, a civil, criminal or administrative action ar proceeding. 83 ~ ~ ~ Revised 09-06-2008 • The Plans will not allow you to access your PHI if these or any of the exceptions permitted under HIPAA apply. If you are denied access to your PHI, you may request a review of the denial. • If you feel that PHI the Plans have about you is incorrect or incomplete, you may ask the Plans to amend the information. You have the right to request an amendment for as long as the information is kept by or for the Plans. • To request an amendment, you must submit your request in writing to the appropriate privacy contact. Your request must list the specific PHI you want amended and explain why it is incorrect or incomplete. • The Plans may deny your request for an amendment if it is not in writing or does not list why it is incorrect or incomplete. In addition, the Plans may deny your request if you ask the Plans to amend information that is: - Not part of the medical information kept by or for the Plans; Not created by the Plans or its third party administrators; - Not part of the information which you would be permitted to inspect and copy; Accurate and complete. If the Plans denyyour request, they must provide you a written explanation for the denial and an explanation of your right to submit a written statement disagreeing with the denial. Changes to this notice The Plans have the right to change this notice at any time. The Plans also have the right to make the revised or changed notice effective for medical information the Plans already have about you as well as any information received in the future. Complaints If you believe your privacy rights have been violated, you may file a complaint with the Plans or with the Secretary of the Department of Health and Human Services. To file a complaint with the Plans, call the Ken County Human Resources office. You will not be penalized for filing a complaint. 84 ~~~~~` ~ Revised 09.06-2008 Appendix B: Copy of First Report of Incident/Injury 85 ~~ ~ Revised 09.06-2008 EMPLOYEE SUGGESTIONS FOR IiANDBOOK When you have any suggestions for changes in the Personnel Policy Handbook, please submit them promptly, as indicated below, while they aze fresh in your mind. It would be helpful towazd our continuing review of policies and of all current suggestions for changes in them. The form below is included for your convenience in submitting recommendations for changes via house-mail. To: Human Resources 700 Main Street BA-104 Kerrville TX 78028 I recommend that the following change(s) be made in the Kerr County Personnel Policy Handbook. Date: Policy on Page Policy Section & Heading Comments: Suggested new wording: **** Policy on Page Policy Section & Heading Comments: Suggested new wording: **** 86