o c.{ ~ ~1 U'~1 f~ fit-- f
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Welcome to the Kerr County Team
Revised 02-12-2009
With Edits, Comments, Strike Outs
~~~ o Revised 02-12-2009
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 my employment is
terminable at will so that both Kerr County and its employees remain free to choose to
terminate their working relarionship at 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 and 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 employment of Kerr County, I agree to return this handbook in
its entirety 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 receiyt will become a Hart of your Emvlovee Personnel File. The Personnel Policy
Handbook Govern Details of Your Employment Read Them Carefully.
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Disclaimer:
Nothing in this Personnel Policy Handbook constitutes a contract, express or implied. Kerr
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 an oral 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, Ken 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 Ken County does not create an express or an implied
agreement for continued employment for any period of time.
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PERSONNEL POLICY HANDBOOK
These policies, procedures, and guideline govern the Eulployees of Kerr Coulltt•, Texas (the
County) ill additloll t0 Otller than t110Se COVeTed by Personnel Regulations for certain
Departments that are superseded by State or Federal Mandate. The Kerr County Personnel
Policy' Handbook becomes effective July 1, ?007. The Kerr County ersonnel Polic~•
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 giiidelilles herein regarding conditions for payluent of compensation and benefits apply to
even' eluplo~•ee of Kerr Court<'. All other guidelines herein apply to evert' eulployee of Kerr
Count• unless an Elected or Appointed official promulgates a different written policy on the
subject applicable only to the official's employees (Rex wants sentence revised).
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 FMLA, 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 em~lovment is at
will and the County or Employee is free to terminate employment with or without notice at
anytime for any reason. These guidelines are solely for information and do not constitute an
employment contract or a guarantee of continued employment.
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 Ken 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
hrrp://«~;~;~.co.ke~r.r.:.u~/hre~ources/ . If any au111iguity 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,"
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"his," and "him". This wording is used solely for ease of reading and should not be interpreted
as gender bias.
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Personal Conduct Guidelines
I. We are here to serve the people of Ken County and the State of Texas.
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. We need to be good and sincere listeners; our visitors and callers (internal and
external) need us to understand and attempt to help them to the best of our ability.
4. 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 in a courteous and friendly- manner.
5. 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 completing 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).
6. 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 commi to complete the task
without additional hardship.
7. Treat others how you want to be treated -with dignity and respect. Employees will
not raise their voice (yell or scream) at the public, other employees or department
heads and will behave in a professional manner nor will employees curse others.
8. Employees should arrive and commence to work on time.
9. 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.
10. COLtntt• employees are trustees of public funds, records, and propert<~. The actions
of all Countt~ employees should reflect adherence to these principals and Sr<~tte and
Federal Law.
11. 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.
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WELCOME TO KERR COUNTY -HISTORY
Kerr County (L13) is fifty miles northwest of San Antonio in the Edwards Plateau4°
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.4° 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 Kerr County on July 8, 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, a more 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.
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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 Warq"
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 than tripled to reach 15,504 in .1880.
In 1880 the YO Ranch was founded by Charles Armand Schreiner,4° 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 1920.
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 over a million pounds
of wool were shipped in 1930. During the same decade the number of goats increased more
than 21/z 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 Kerrville Assembly Grounds were
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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 twenrieth centuries, and in 1919 the
American Legionq° of Texas established what would eventually be called the Veterans Affairs
Medical Center, Kem~ille.q° The Sid Peterson Memorial Hospital was completed in 1949, and
the Kerrville State Hospital`" was opened in 195 1. The county was attracting increasing
numbers of retirees by the 1950s, 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 exoric game industry, and Kerrville is the headquarters of the
Exotic Game Association. The Kerr Wildlife Management Area~° has studied the interaction
of domestic, wild, and exotic animals since the 1950s and supervises controlled deer-harvesting
through hunting programs. Kerr 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,~° held annually in May, featured some 250 artists and drew crowds in excess of
30,000 by the 1990s. The Kerrville Folk Festival,4° 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
Handbool; of Texas On/h1e, s.~~. "." http•/%j1~~~~ tsha utetas edu/handbool~/oiiline/articles/KK/hck6.hrii~1
(accessed May 8, 2407).
(NOTE: "s.v." stands for sub verbo, "under the word.")
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Puraose of the Polic~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 err ~~untt• contulu~~ to grow, err County- may amend, supplzmznt or re.~cind
any policy/guidance or portions of the handbook in its sole and absolute discretion.
The only exception to any change is our employment at~vill status permitting the
employee or Kerr 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.
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1.00 Personnel Policies
1.01 Authority
All policy amendments, revisions, or new policies must be approved by Court Order by
Kerr 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 an~~roposed 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 aze 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 tum will make the updated
material available to employees.
1.03 Emulopee Su~estions
If yott have ally sugge.~tiolls for polio= or procedurz changes, plea_Se subllllt tllZill 111
writing to your immediate Supervi.~or or the Human Resource. Department. Your input
will be helpful toward our continuing review of policies and all the current suggestions
for mociifieations in them. For your COilvenieilce ill sub1111ttiilQ teCOi11i11Z11datioll.C plea.Se
u.,z the fonu provided at the end of Tour handbook o~ pa~c :?~X. Polic~T and procedure
suggestions will be reviewed periodically.
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1.04 Emylovee Relations
Ken 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. Ken 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 Otien Door Policy
Ken County believes that employees are its most important resource. Open
communication and trust is important to employees. Ken 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. I f 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.
1.0? Atiyearance Guidelines
A friendly and professional work environment is essential to effective employee relations.
Work environments can influence employee productivity and morale. Ken 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.
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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 EmyloYnaent
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~vill" employment status. An at will employee may end his or her
employment at any time, for any reason, with or without notice to Ken County, with or
without cause. Likewise, Kerr County may terminate an at~vill 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). Frior coordinarion 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:
Sheriffs Office and Jail). Human Resources will notify County employees and the public
by posting within the Kerr County Courthouse, Ken County Human Resources
Website, and local newspaper advertisement
The normal length of posting time 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 discretion 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
• Job Training Program Referrals
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• 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 Emyloyees
Each Department Head i_s responsible for selecting people to fill each vacant position
within the pay limit`s set by the Conuuissioners' Court. Human Resources~atll may
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 Emuloyee Medical Examinations
Medical examinations may be 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 aze 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 HIPAA
requirements. Access to this information will be limited to those who have a legitimate
and/or legal need to know.
Exception: Law Enforcement agencies Department Heads will keep their employee's
Llledteal COlldltloll Or 11Ltitor~* IIl COiliplialtce Wltll HIPAA reCjutrelilelltti. Access to t11Ly
information will be limited to those who have a legitimate and legal need to know.
1.14 Prior Service with Kerr County
New hires with prior Ken County or other 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 longevit<~ pay purpose., only if the break in service r's~l(?
6(~ days or less Any break in continuous service with the Count<T farfeits 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 Kerr County may buy back pension credits in accordance with
retirement system rules (TCDRS, see HR and Auditor for more details).
For the purposes of clarification, "Continuous service° means working for the same
employer without interruption. Changes of employer normally breaks continuity, which
means that employees must start all over again to qualify for rights.
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1.15 Performance Ayvraisals (Contingent on approva _ 's ours,
approved for Department ear s )APPROVED
Employee_~ other than Department HeacLti or who have at lea.~t six (6) montlL~ of
continuous service should ~H receive all Annual performance apprai`.al. Annual
appraisals are to be eouipleted by Se~ per June 15th each year. Copie.. of theme
appraisals must arrive to Human Resources no later than Se r June 30``' each rear
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.
We encourage Elected Officials to set up employee appraisals following these guidelines.
1.16 Performance Based Merit Increases (Contingent on val b~~
Commissioner s ourt. v4~ neec c APPROVED
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 aze 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.
1.1? Classifications (Contingent on ouim~.ssioner s
ttpc a ~ APPROVED
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
definitions 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.
15
1~~~ ~ Revised 02-12-2009
1.18 Reclassifications (Cannot rc~iew/~~~ furtitcr, Contingent on HR receiving Job
Descriptionsand. C~llilui.~~;ioner's Court apprcwal)
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
respaltisibilities. Considerable deliberation should be given rrmu t l~
~lc'~1Titt~[ion to deterniine if an increase in authorizations or added job responsibilities
is more appropriate to accouuuodate the changes in worlloads versus raising salaries
through reclassification.
Eilipla~'ees being reclassified will be placed in the elasest/nearest step of the new pa~T
grade that does not decrease their current pay. Employees who move from a higher pay
grade to a lower pay grade may (per Commissioners' Court order) 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 are ineligible for merit
consideration that year.
1.19 New Hire Wages
New emplayees will be hired at the entry level of the pay grade to wlueh the posltlon Ls
assigned. However, Elected Officials and Department Heacls can colLSider 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. ~ ~ ~ '~.' 1.
Any promotions that leave depamuental budgetary impact must be approved b~-
Commissioner's Court. If approved, a PAC must be completed including all signatures,
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 prouiotian. No pa~~roll
changes can will be made without a fully completed PAC.
(Nate: Promotian would ga up in Grade and figure the % difference - i.e. 15.1 to 16.1 is
2.5% increase)
16
~~~ o Revised 02-12-2009
1.21 Transfers
Transfers maybe made within the same department or between departments at the
Department Head's discretion. Employees aze eligible to request transfers, provided the
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 riming of the employees' release.
The e111plOyeeS' pay tltay remain the same, be at a higher rate, or a lower rate depending
upon the salary range of the position. Department Heads s~tl should coordinate with
Human Resources on any transfers. The "at~will" employment relationship is not altered
due to the transfer.
1.22 Demotions
Demotions aze 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 consult and coordinate with t'- - `-' -- --- ~- ""- -- -;- -- d Htuuan
Resources Director.
1.23 Assigned Staff
Staff members who are assigned to Kerr County, but are paid directly by another
government or private organization aze 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 Teleyhone & Address Information
Eacll employee may choose whether the public slla lave access to t le employee's llolne
address/telephone number. If a new employee does not request confidentiality not later
than 14 days after beginning employment, the home address and telephone number on
file are considered public information (does not apply to law enforcement personnel).
However, eulp oyeeti llla~' C 1a11ge t leir e e
tulle v con aC Ln~ ulllan etiources alu COlllp e lllg 1e Oll 1C entla 1 ,' eCt1011 Oilll.
Rex to Check Open Records 55?. l T7-& 552.0?4 Rex checked and this is now correct.
1.25 Emuloyee Bulletin Boards
Notices will be placed on the Kerr County and/or Department bulletin boards and on
the Kerr County Human Resources website. Such notices include but aze not limited to:
posters required by Federal, State, or Local government, 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:
17
~~~ e Revised 02-12-2009
• Employee Break rooms
• Within each Department
• Human Resources
Employees should check bulletin boards and the Kerr County Human Resources website
regularly for new materials. Bulletin boards should be used as a reference source as many
of the materials will answer questions regarding wages, overtime pay, equal employment
opportunity, job safety, workers compensation, affirmative action, and job openings.
1.26 Emnlovment of Relatives ~R~e~ wanCs 2"d sentence reworded)
Nepotism lS showing favoritism toward a relative. The practice of nepotism in hiring
personnel or awarding contracts LS prohibited by Kerr Courlt<~. No pc~rsotl <<i•1~~ be'lurecl
wlio is related. within the sea~nd degree b}~ ~finit<~ (nlarria~e) or within the third degree
h~~ con_san;~inity (blcxxi) to any me~iiber of the Conuiiia.~ioner's Court or to d
DepartYUenr Head for whom he/shc works.. For die purpose 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 y t ie same c epartuient to work in the
same operational chain of command
• 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 clarih'eation, see AppendrxA
1.27
**Sheri ~ _ tfiee auld Jail -see Sherift's Personnel Policy Handbook
**Juvenile Deters ' Center -see JDC Handbook
*Juvenile Probation - se O Handbook
**Road & Bridge -see their Sup ~sor Take this out
18
~~~ o Revised 02-12-2009
1. Certain medical information is collected by Kerr County for reasons authorized by
law (FMLA, ADA, COBRA, 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
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 completed and a eed upon initial and subsequent
meeting attendees
Review, discussion, and approved unless highlighted.
Hi>hli hg~ ted items NEED FURTHER REVIEW trt ~l
19
~~.~ o Revised 02-12-2009
2.00 Separation
2.01 Seyaration from Emtilovment
To the extent permitted by law, employees may be terminated for any reason and at any
time without notice. As a matter of law, employes have Lin tenure. Employees may
re.~ign at any time without notice. Further, the Texas Pavdav Law~t does not avyly to
Kerr County. (Sec, 61.0003 http•//www twc 4tate.tx.us/ui/lablaw/lablaw.html )
Employees that fail to report to work without contacting their supervisor as required by
policy are subject to separation.
Employees mu_tit return all Countt* propem= and equipment (e.g., ke~•s, car, cell phone,
computer, personal detil`-top as_~i`~tant - pda, pagers, radio, badge, uniforms, etc.) in their
custody before receiving their final pay. Kerr County takes all steps necessary to collect
monies an employee owes and to get back all County property and equipment.
Emplovees receive pav for unused Vacation time unless:
• The employee separates and returns to the County prior to final paycheck inclusive
of unused vacation time (without a Break in Employment) or
• The employee has not received pay for Hours Actually Worked during the
calendar year of the separation.
Example 1: Employee separates on June 2"d and returns to employment June 10`x. This
employee returned without a Break in Employment. However, if the employee separates
on June 2°~ and returns to employment October 1", this employee returned with a Break
in Employment.
Employees receive compensation for unused Compensatory Time as outlined in 5.06. For
purposes in thi.~ section, Compensatory Time and Vacation do not include the following:
• Car allowance
• Education pat-
• uniform allowance
• Tool allowance
• e
• I~ngevity pa~i
Compensation will not be accrued after date of separation (i.e. employee quits but still
draws 2 checks). All status freezes as of date of separation.
If Commissioners' Court does not fund a position, it is abolished and the department
must either move the employee to another position or separate the employee bT'
submitting a PAC to Human Resources.
20
~~~~~ o Revised 02-12-2009
No Fault Attendance Policy (240 Day Rule)
Employees who have no Hours Actually Worked for 240 days including weekends and
holidays in a 12-month period are separated. FMLA protected absences and Military
Leave do not count toward this policy. Department heads are responsible for tracking
and implementing this policy.
Z.OZ Trues of Separation
All separations from employment shall be designated as one of the following:
• Resignation,
• Retirement,
• Dismissal/Discharge
• Reduction in Force (Layoff), or
• Death
Human Resources or Department Heads 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. ~-~~---- --- ---- - ,. ~--- -- -- ---•» -~-- -----~. ~ .L_ c__c-'~---- -~ - -- -~~
eaves ties
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.
Ken 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 addirional information).
21
~~~ ~ Revised OZ-12-2009
3. Dismissal/Discharge/Separarion - Is classified as an involuntary separarion from
employment that does not fall into one of the other categories.
4. Reduction in Force - Is a separation because of reducrion 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 rewarding Layoffs
Although such an action is avoided whenever possible, employees of Kerr County maybe
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 pos_tiible, elilplo~'ee_. Who are laid Ott Iri Oile departliiellt liia~' be tratl`tiferred
into another depamnellt. If Lai*otts are require , Laixoff criteria shall be
based first on the continuing deed for a particular function. In case of potential layoffs,
the Department Head sl 1 should coordinate with the Count- 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.
HR Duector Eva Hyde HR Rep Jacqui Magenheimer
22
Committee Members attendins the meetine includedz
Judge Tinley County Attorney Rex Emerson
Commissioner Bruce Oehler Asst. County Attorney Ilea Bailey
District Clerk Linda Decker Tax Assessor Diane Bolin
~~~ a Revised 02-12-209
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 OllcZ tlle~' have uiet~th~e required waiting period e.~tabli.~hed by Kerr Count<~,
W111C11 Lti C~'~ttt~~ ~JV~f S1XCt' (6~~ v~ ~~v/ da~'S ti0111 ZLllplOylilZllt With bZllZtit,S bZgllllllllg thZ
tirst day Ot the lilOlltll tollowtng tlle'31~~ 60~' day of eluplo~~lnent.
Before an employee begins performing his/her actual duties, they will receive a brief
orientation conducted by the Depamnent Head or by a designated department
representative.
3.02 Equal Emuloyment Oytiortunity
Kerr 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 Cate or' of Emulovment
"*Sheritt s nd Jail -see Sheriff's Personnel Polic~T Hauldbook
*"Juvenile Detelltion Cen ~ e DC Handbook
*~Juvenile Probation -see JPO Hand oo Take these out.... And take out
R32+ and R32 -per Commissioner Baldwin
Full-Time Reezrlar (~~ -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 may be 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.
23
~~~ o Revised 02-12-2009
• Part-Time Reeular (R~31-`T-Those who are not a.~signed to a teniporanJ 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 Kerr 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 rime regular employee unless they are filling a budgeted part time
position that is supported by the position schedule and an approved job
description. Part rime 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.
Tem~orarv Full /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 Ken County's other
benefits programs.
3.04 Attendance and Timeliness
Absenteeism and tardiness place a burden on other employees and Kerr County.
24
~~~' o Revised 02-12-2009
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
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 Emulovment and Activities
An employee of Kerr Count<T shall not engage in am* activit<• or other emplo~nuent that
adversely affects or conflicts with their 1LS abilit<* to effectively camp out the duties
and responsibilities of their 11~er job. Better w<.~rcls - OK after w/shop
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 approvzd for outside emplo~mient may be asked to quit said outside
activit<• if it impairs their abilit<~ to do their job. Need better wording - OK after w/shop
3.06 Empoloyee Conduct and Work Rules
To ensure orderly operations and provide the best possible work environment, Ken
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
25
~~~ o Revised 02-12-2009
- Working under the influence of alcohol illegal drugs
- Fighting or threatening violence in the workplace
- Negligence or improper conduct leading to damage of employer-owned
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)
3.0? Return of Proyerty
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 properly. Employees are responsible for
items issued to them by Kerr County or in their possession or control, included but not
limited to the following:
- ManuaL~/written/e-~~ocuu~ent~ tuateriaL~
- Kzvs/Key*cards/Key fobs- (a~1 Eutp(o~rees and R~~r~~nt~tivcs of Kerr
County m_ ust comply with Sl~erift's ~~~lic~~ and gt_ti~~elin' regarding
Security) Sheriffs Polict* In Prods
- Pagers and Phones
- Vehicle Insurance
- EqulplilZllt anC~/Or tools
- Credit Carc~.~
- Identification carcL~/badges/securitt7 pa.~ses
- Protective equipment and uniforms
3.08 Chain of Command
' ~'s Office and Jail -see Sheriff's Personnel Policy Handbook
**Juvenile Detente r -see JDC Handbook
**Juvenile Probation -see JPO an Take ThLS Out
Employees are responsible to the appropriate Department Head or a supervisor
de_~ignated by the Depamuent'~Iaa 1. Directions regarding work to be completed,
expected results, and the minimum acceptable requirements of work performance will
26
~~~ 4 Revised 02-12-2009
normally follow the chain of command within the department or as specifically
authorized by other Kerr County policies.
For further clarification, see Appendix B
3.09 So1tcitation Per 12-8-0$ w/shop pg 101- 117 leave as is to give officiaL~ discretion.
p employed by Kerr County may not solicit or distribute literature in the
Peo le not
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
rime 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 (included but not limited to):
• 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
27
~~~~~ 4 Revised 02-12-2009
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
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 political 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.
All etuployee's political aeti~lt<' VPL11L`Fl- that LS llot to Vl0latt011 Ot t11LS SZCtl011 Wlll ltOt be
C011Sldered In deterlllllling hLS~ller Cllelr C0II1pe1L4at1o11, eligibilittT fOr ptoiilotloll Or
demotion, work assignment, leave or travel request, or in applying any other employment
practices to the employee.
3.12 Gifts and Gratuities (Rex checking on nevv $SO.QQ r l
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.
Count<~ Officers and employees uv[1Tshall not accept gifts from contractors, vendors, or
other persons who Have btL~iness dealing with the count<~, except for non-cash minor
28
~~~' e Revised 02-12-2009
token Lte11L4 (Value llot Qreater than $50.00 per iteill} gtVell ati part Ot ad4ertLylllg theta
fiutiine.~.~. Ls it $.5 car $ 50 - Rix checkii, ~ 36.09 & 36.10 State Statute per Rex
36.08 X36.09 Penal Code Chapter 36 http•//v~~vw.statutes.legis.state.tx.t~s/Index.a.~px
&21-07 Review, discussion, and approved unless highlighted. Members
attending included:
Jeanette Peiper Linda Uecker Ray Garcia John Trollinger
Truby Hardin Tim Bonier Commissioner Oehler J. Magenheimer
Judge Tinley Janie Roman Mindy Williams Eva Hyde
3.13 Progressive Disciyline
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 aclrnowledging 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 3.05 Emylovee 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, Ken County reserves
the right to deviate from the steps in paragraph two (2) above (Counseling /Verbal
Warning et.al.)
3.14 Accident Reyorting -Vehicles or Eauiument
AmT employee involved in all accident while driving or riding in a county vehicle or oll
Count<~ btLyiness in a personal vehicle, no matter how minor, l~,t shall 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
29
~~~ o Revised 02-12-2009
before Law Enforcement have made their investigation and cleared the driver to leave
unless required to report. The Departn3ent Head m ,t shall notit<~ the Count<~ 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 a noti workda~T.
The Department Head a ~t shall forward a copy of au1~T accident report involving
coutltt- equipment or vehicle to Human Re_~ources ati soon a.~ the law enforcement
inv~ai~ation is completed_ Drug testy Wliat ~~x~ur small fender benders at wl-iat
monetai~~ value, deer exceptions? Follow Dt7T r{~'s oz1 accident testing....?? Add -Kerr
County* follows federal Motor Carrier Safety Adminzstration Guidelines (FMCSA) and
Depamuent of Transportation (DOT) regarding Past Accident Alcohol and Drug
Testing {CFR 49 Dart 40). http-//u•a~~• fiuc~a.dot~o~ /nile~-re~ilations/topics/dnta/eu~te~t111~.13t133
and 13ttQ//~-~~' dot aot. ~/dapc/NEW DOCSfpart4{? hrnil~proc
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 shall immediately llotlh ~ t the depam13e11t
head ini of any chang~~ in statu.~ of their liceiti~e. n°~~^r*~~~°~~* u°^•a~ ~_~~~
pen tea v c 1ec - t lroug 1 t to lert s tee, t 1e rt~lttg recur ~ o a et31p oyee.G w 30
c ~ .
~~.~. a' 1 maintain a safe dri~ltlg record caul result in a defetl`.ive dri~ing
course if the employee i~ ct c. mo~ztlg violation. Course attendance L uiandator~•
if the incident r~ult_s in a reportable acci et 1ic11 the Count- employee i_G
eotl.~idered at fault and will be at the euiplo~Tee's own expetl.~e. Su.~pension or
revclcation of the driver's license of at1 etuplo~7ee who i., assigned as a vehicle or
equipment operator may re.~ult in a demotion or separation. Take out bulk of this here
and put into 3.16 per w/shop discussion.
3.16 Use of Eauiyment 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 Quidance may
result in separation and vossible prosecution.
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 uehicle 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.
• Ken County vehicles are not to be used for personal business.
• Ken County maintains a "No rider policy." Only Kerr County employees are
allowed to ride or operate County vehicles. Non-employees are prohibited from
30
~~~ o Revised 02-12-2009
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)
are-t~~t-ai~~.a_~ t~ ~-1ri~rinQ record and remain iiti~urable through the Count<•
insurance carrier uiat* result in di`sciplinart= action up to an me c ' b _ n. If an
individual has their Driver License suspended or revoked, or if they are not approved
for coverage by our insurance carrier, disciplinary action may result up to and including
separation. New hires must also have a safe driving record and be insurable as well.
3.17 Use of Phone System Qandline or cell)
Employees may be 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 i_s permitted only if the number and 1 ngth of calls are kept to a miniruum due to
necessit<*. Count<~ employees and OfficiaLs~y shall not place un-reimbursed personal
long-distance telephone calls or faxes on count- telephone equipment. A call to notif~•
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 may be 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 ? 2
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.
31
~~~ o Revised 02-12-2009
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, County Attorney, law enforcement via appropriate court orders,
etc. Supervisors are not authorized to maintain or request any medical informarion
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).
3.21 Authorization to Hire and Starting Work/Traini
Auditor's ofc hold- back 1 nav period/ 1' week:) Update per w/shop
Each Department Head i_s authorized to eu ~ staff only in accordance with the
County Budget. Each perspective employee is charged with the knowledge of the
authorization contained within the budget
Employees will not receive nor draw any salary for any dates worked before the required
dated new hire material packet is complete within the Human Resources Department.
New employees must report to Human Resources urior to yerformine anv work or
trainine for the county or drawing any salary and unril the employee has been made an
otter of employment by the appropriate Department Head. Ze n ov4~tng i`~ a camp e o
t - Tlie
New Hire Material Packet includes but is not limited to the following documents:
• Employee Verification Form
• Kerr County Personnel A_tisigntuent Change Form (PAC)
• Federal IRS Form W-4
• Federal I-9 Forte
• 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 voidable 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 reporting to
Commissioners Court (exempt, pan-step/grade) must be approved by the
Commissioners' Court. Budgeted salary for an existing appointed position will not
32
~~~ ~ Revised 02-12-2009
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.
Wit im ~ ~ ire, all emplo~~e~s upon receipt of their currznt job description shall
acknowledge in writing the recei Take out
3.22 Abe Indemnification 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
Count<~ Attorney anc oun - u i or.
H~,hli~hted items NEED FU1t7~IER' REVIEW
Section 3.07 needs final Sheriff policy
33
~~~' o Revised 02-12-2009
4.00 Benefits and Leave (vacarior- `Ct sick benefits still under review/discussion;
4.01 Emulovee 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 CREDO CCOL7RT DTD NOT APPROVE CHANGE)
Vacation time off with pay is available to eligible employees. Regular full-time
employees are eligible to earn and use vacation rime 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
can accr~-~or be u_~ed by a new countt~ employee during the initial six (6) uiontlL. 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 separated
during the initial six month waiting period will not be pawl for accumulating vac~n.
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 (}t32+) Years of Employment Vacation to be earned
Years 1 through ~ 1-10 yrs 80 hours (6.67 hours per month)
Years t iroug i 11 through ?0 1?0 hours (10 hours per month)
Years-e '_ 1 & beyond 160 hours (13.34 hours per mouth)
P/T Regular Employees (R32-) Years of Employment Vacation to be earned
Years t uoug 1 1-10 ~~rs 40 hours (3.34 hours per month)
Years ~k -~~ 11 through ?0 60 hours (5 hours per month)
Years T' c~tn~r~ ? 1 & beyond 80 hours {6.67 hours per month)
Vacation cannot be used unril 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. -''--~- `- f'--- - "'--- _-`~-- --~" ''°°-
resu t in e o i
34
~~~ ~- Revised 02-12-2009
Vacation leave cal be used in file following manner:
Va ion Earn Fra ilellte ole
80 hour. days -lays 40 con.. tive hrs
1?0 ho s / days 5 40 il.~ecutiv s
16 lours / ?0 da, s days 0 colltiecutive hrs x ~ x 1
aca 101 ecru O e Uti l U11 1 1 iS earileC . 111 O~'ee_~ W 10 lave CCllilp e e lelr S1X-
receive t leer accumu ate vacarion lours.
resu In
aea ' ~ Call be used 111 the tOllowtllg Lllaltner:
VaCatloll Eanled lieilted
80 hours / 10 days 5 clam 40 coil.~ecutive hrs
L'0 hours / 15 da . 5 dads 40 coilse s
1 s _0 da~~s 10 da~rs 40 eoll<seeutive hrs x ? or
4.03 Vacation Cay
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
Kerr 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`x. Employee earns their first sick leave
December ls`.
Fh~-typevfSick 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.
35
~~~ ~ Revised 02-12-2009
Sick leave is earned as follows:
Rc~ular FT eni}ilot~c~ (R~?+) earn. sick. lea~~c as follows: 3.3 i lirn per pa}r period (total
SO hrs annuall}~) OR ?.CXI hrs pcr pay period (total 48 lir; annually)
Regular 1'T employees (R3?-) earn sick: leave as follows: I.o~ l~rs per pa}- pericxl (total
~40 ltrs annually) OR I.00 hr per pay period (total ?4 hxs annualh~)
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 and living within same household.
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 a non FMI.A 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.
Approval 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 may be granted to cover the period of illness or
incapacity and the charge against vacation leave reduced accordingly. A medical
36
~~~ ~ Revised 02-12-2009
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 rime 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 disciplinarX action up to and including separation.
4.05 Social Security
Kerr County participates in the Federal Old Age, 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, Gommisioners' 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.
4.0? Workers' Comuensation
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,
37
~~~ o Revised 02-12-2009
workers' compensation insurance provides benefits after a 7 day waiting period, or if the
employee is hospitalized, immediately (exception: no ?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.
The~will complete a First Report of Incident/Iniury form indicating the details of the
incident/injury. It is mandatory that the incident or injury is reported to Human
Resources within 24 hours via fax (note: if an injury occurs on a Friday between the
close of business 5: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 by law 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 their entitlement to Workers' Compensation payments, must also be reported to
Human Resources. In addition, the injured employee must contact thier Department
head weekly to report on their 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 they are 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 action up to and including separation of employment.
Total Disability Retirement
A determination of total disability maybe 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'
38
~~~~ ~ Revised 02-12-2009
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.
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 ?calendar days. If the absences are designated as
FMIA, then the employee may choose to use available Compensatory Time during this
period. No other supplement is authorized.
After ?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~ris
a Serious Health Condition as defined in 4.05, Human Resources 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.
Sheriffs Office Personnel -Utilize Sheriffs 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.
E ' 'bill
Employees
Department Heads and F/T Employees (R32+) are eligible for these benefits.
Eligibility for these benefits begins on the first day of the calendar month
followine 2 full months (6Q days) of continuous employment as a F/T
Employee (R32+) unless the insurance policy(ies) in effect at the time specify a
different period.
39
~~~ a Revised 02-12-2009
Example: Ali employee starts work July= ?°a. Eutplo~-ee reaehe_s ?full montlL~ of
COrit111uotLC ei11~10\'lilellt Oll Septelilbei ~"~. Elilpl0~'ee L~ eligible fOi tllZ COUllt~= Health
Plan(s) on October 1", the first day of the following month.
Retirees (t~ssible changes needed iri the language re: County portion?, chanees in
benefit upon reachn.~ Medi benefits)
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, may be 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 Kerr 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 eli 'ble 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 iniria130-day enrollment period, you
are automatically assigned default coverage's. (See Human Resource for additional
information regarding Plan Coverage Descriptions)
40
~~~ o Revised 02-12-2009
Life and Healthcare Coverage
Medical
Pre~cri~xiou DnLas
Life $30,000Llajor Medical Prodder
Life $?A,000 TORS Plan
1 }ear SaL~ payable to Beneticiat5
(eli.,'ible after 3 year; of senior)
death acid dialletilbemleut $30,000
&LSiue~~ tr<-~rl acddeut illatrance
Va~~tion Paid Tune Eared up to 160 Iwttn capped atuntal
Sick Lear Paid Tulle Earned 8 Ixxtrs per month CHANCE IF G Conn changes Eck leave
Su p pl e r u e n to I Offe r i r ig s
of plates and options
iloLlCrlblLCl011~
dlsabtLtS
cit~blhty
Ltal life and:~D&D
~.~ Cotuirs uxl L)i.~rict Retirement Sy hem TC:DRS
Plan
41
~~~' o Revised OZ-12-2009
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 Ken 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; resignarion/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.
4.11 BeriefitS (possible ~vordin~ change because C (ozu't ~ the right tc~ change at anv time)
Benefits are provided subject to the policy(ies) and plan(s) in force and applicable
federal, state, and local laws regulating insurance and employee benefit plans.
Commissioners' Court has the discretion to offer alternative covera~els) to retirees. or
their eligible dependents who are eligible for Medicare/Medicaid.
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 Mamage. 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 Relaxed 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.
42
~~~ o Revised 02-12-2009
4:13 Enrollment Periods
Kerr 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 open 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 Devendents
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."
Adding 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.
Terminative or Drovvina Devendent Coveraee
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 4-week 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.
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~~~' o Revised 02-12-2009
4.16 Seyaration of Emuloyment
Employees who separate employment with the County lose coverage on the "Insurance
End Date."
4.1? Failure to Pao
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 Misreuresentation
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 aze
required to have within their personnel file or benefit software a copy of their current
yeaz plan or no pre-ta~c 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 eligible reeular 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 scheduled 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 rime (i.e.
"around the clock" operations), and may direct some or all employees of the department
to report for work on any holiday.
When a re~ntlar tull/~art-tiiiie noz~e~cen~pt employee is required to work on a h~lida~~,
he% she ~~ill ~ cc~tiipeitisate~i ii1 L-rnc of the following wa~~s:
• Granted.san~e nuiuber of Hours off «n a aPecifiecl alteniate wc,rl;cla~; or
• Paid at regular straight-time rate for tl~e holiday'(~r porti~~ti there~~f) workc;d
and credited with an equal nuuil~er of coil~prtisatcinr hours; or
44
~~~ ~ Revised 02-12-2009
~ - If speeificall~r authorised b~~ the Conuuistiionersz Court, paid, in lieu of Buie cuff,
at twice die re~ilar strai~;l~t-tiu~e rate for the liolida~r (or portioiz diercof~
worked. (See Auditor)
Still discussing how to ensure payment of this durit~' same tiav statuslversus 1
..,......:17...„ «:..~e :., l:oa. ;.4~ ~.~.-...r.,n,.r .aa.a t.. (~ ACi~ ~i~l-~i~itc. iccliac _ nPPn to nay tilicnltt

This policy applies regardless of whether the employee worked the maximum number
of hours allowable under FISA (40 hours per week) during the period the holiday work
occurred.
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, straightxime 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 failing 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
workdaX immediatel~vreceding,/following a holiday will not be paid for the holiday.
4.21 Leave Without Pay f Leave of Absence (LOA)
Full-time employees (R3 2+) 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
rime off from work dunes 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 depamnent 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 may be granted for a period
of up to 180 calendar days per year.
Human Resources and the Department Head working in conjunction, have the sole
discretion to place an individual on LOA without the employee's authorization.
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~~~' o Revised 02-12-2009
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 continued 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 Dutv.
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 Educational Leave
Must be approved by Commissioners' Court (i.e. Certifications, Completion of
Associates, Bachelors', Masters', or Doctorate)
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4.23 Militarv 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 Kerr County Personnel Policies requires employee 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 Head and Human
Re.~ourees a f 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.
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~~~ o Revised 02-12-2009
Ifa person's return to duty is delayed because be rs hospitalized or recovering from
an illness or injury incurred durir~ the military leave please contact the Kerr County
Human Resource Offirce Aztarne ' "ce to find out the reservist's deadline for re-
applying.
If someone tails to meet these deadlines, then the Countt~'s si 111 p~..it.~ regular
rule with regard to absences from scheduled work appl`~. Thi.~ wo-lu -1 includes the No
Fault Attendance policy found in 2.01 of the Kerr County Personnel Policy Handbook.
If you have any questions re~ardixie military leave that are not addressed below, direct
those questions to the Kerr County Attorney's Office and Human Resources. Be
nrenared to vrovide a covy of the emnlovee's duty orders.
4.24 Temtiorary Military 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`x). 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 reeardin~ military leave that are not addressed below. direct
those questions to the Kerr County Attorney's Office and Human Resources. Be
yrevared to urovide a cony of the emolovee's duty orders.
4.25 Suyylemental Military P~v
If there is a partial 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 time.
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4.26 Disability
In cases of longterm 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 FMLA).
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 rime. 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 additional rime 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 Ayuroval 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.
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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
Ken 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 Kerr County, they will receive paid time off for the entire period of witness
duty. Employees will be granted a maximum of 36 hours annually 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
Ken 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-to-date personal insurance coverage. Failure to do
so maybe 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 approval, and who do not have any av~licable Paid Leave available
are docked.
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~~~' o Revised 02-12-2009
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 Closings
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 may be asked to broadcast norification
of closing. When operations are specifically closed due to emergency conditions, the
rime 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 may be
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.
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5.00 Wages and Salary Administration
5.01 Fair Labors Standards Act (ELBA)
It is the policy, procedure, and practice of Kerr County to comply fully with the Fair
Labors Standards Act (FI,SA). All job positions will be reviewed and classified as non-
exempt or exempt, according to FI.SA standards. All employment practices will be
conducted in accordance with this policy basis.
5.02 Em~lovment 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 Temvorarv Positions and
Temnorarv 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 Elected Officials or
Commissioners' Court. Supervisors will advise employees of the rimes their schedules
will normally begin and end. Staffing needs and operational demands may necessitate
variations in starting and ending rimes, as well as variations in the total hours that may
be scheduled each day of the week. Employees aze 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 workweek is a seven-day workweek beginning at 12:01 a.m. on Saturday and
ending at 12:00 a.m. on the following Saturday.
52
~~~ o Revised 02-12-2009
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.
5.05 Rest and Meal Periods
Morning and afternoon breaks of 15 minutes each may be authorized at the discretion
or sttper~~4io11 ~~ eac i epa lilerlt, but, if authorized, dO~C rlOt aCClllllulate it rlOt 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.
5.06 Overtime Comyensation and Comuensatory 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 may be
allowed. The calculation of Overtime compensation does not include any type of
allowance or incentive pay or Longevity Pay. (i.e. education, longevity, or prior
salary)
When operation needs or other requirements cannot be met during regular working
hours, employees maybe scheduled to work overtime hours (Note: Sheriff
Depuries/Jailers and Juvenile Detention work a 28 day, 1? 1 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
53
~~~ o Revised 02-12-2009
not made for Overtime, Non Exempt Employees accrue Compensator~Time at the rate
of 1 r/i hours per Hour Actually Worked more than 40 hours in one workweek.
It t le COlll ZL11pI0yee's Paid Absence and Hours Actuall~• Worked
exeeed_S fom- (40) hours in one wor -wee , -~ aecru~ Compensatory Tulle on
at straight time, hour for hour basis for each hour in exee.~.S of tom' . W/shop pg
75-76 12-~8-t18
Compensatory Time balance can be carried forward for 30 da<<s or ?pay periods.
Compensatory True should be paid or taken within 30 days or ? pa~T periocLG. 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 Time 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 period 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.
5.07 Time and Attendance Records -Time Keeyin.~
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 acrion 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 rime 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
54
~~~' ~ Revised 02-12-2009
Time and Attendance Record (rime 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).
Exception: Sheriffs Office, Juvenile Detenrion 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 aze 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.
Check 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
may be 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 gay 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
55
~~~ o Revised 02-12-2009
corrections can be made as quickly as possible. Correction(s) will be made on the next
Pay~Y•
5.09 Pay 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." Ken 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 lav~~ul purpose
http://tlo2. tlc. state.t~.us/statutes/docs/LA/content/htm/1a.002.00.000061.00.htm#61.018.00
Ken 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 maybe 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 maybe 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.
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5.11 Seuaration 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.
Unused Vacation Pays
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
pay will be determined by the salart~ rate in effect at the time. zy e
amt~lneni~ai~t eiril~ iv~t ha~~ei.a tnr veratiro~ times ~nnntc* Arrnm,w r~~~r~.-ii~q this to
ensure ee s a e comp lance o ~ aw.
Unused Sick Leave:
Unused sick leave benefits will not be paid to an employee separating County
employment.
5.12 Across the Board Pay Increases
During budget deliberations each fiscal year, Commissioners' Court may authorize an
across-the-board pay increase. If anacross-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 Cate ories
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: Department Heads who are elected by the Public and whose
duties and responsibilities aze defined by state law. They shall be governed by
state law when it is in conflict with the provisions stated within this handbook.
• A~vointed Officials: Department Heads who are appointed (not elected) in
accordance with state law.
• Exe is 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 aze required
to verify hours for vacation, sick/administrative leave taken)
• Non-eacemuts Employees whose positions do not meet the FISA 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
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~~~ o Revised 02-12-2009
Probation use 171-hour rule. See your Department Head for further
clarification)
An employee's EXEMPT or NONEXEMPT classification may be changed only upon
written notification by Human Resources.
5.14 Business Travel Exuenses
Kerr County will reimburse employees for reasonable business travel expenses incurred
while on assignments away from the normal work location. Ali 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 httu://ecpa~cua.state.tx.us/milea~~e/Mileage i~u
• Staying at moderately priced establislunents (motel/hotel)
• MeaLS (exclusive of alcoholl reimbursed onl~~ 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 mavel 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.
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~~~' o Revised 02-12-2009
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
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 avvroval 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.
5.15 Ayuroving Authority
Commissioner's Court is the approving authority for all payrolls and for any pay
increases, decreases (except for disciplinary reasons), or payroll transfers granted under
the terms of these policies, classifications and pay plans, or the annual budget, except as
otherwise provided for in the budget, these policies, or by order of the Commissioner's
Court.
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6.00 Drug 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 a drug 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 acrion 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 uia~* 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 resulted in, and are not the
immediate subject of investigation or disciplinary action may request approval to take
unpaid rime off to participate in a rehabilitation or treatment program. Leave may be
granted if the employee agrees to abstain from use of the problem substance; must use
sick, vacation, and compensatory time (all paid leaves), 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.
Department Heads should discuss with Human Resources immediately any action by an
employee who demonstrates an unusual behavior pattern. The Department Head may
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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
properly and respond accordingly. Employees. maybe 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
drugrelated 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 Drue and .Alcohol Tes ' ~
Kerr County is committed to provide a drug and alcohol free workplace. It is Kerr
County's policy to maintain a drugfree 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.
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.o safe
7.01 Safety
We Stress SafetX
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
out_~ide and profe.~sional ageneie.~ including but not limited to:
• American Societ<~ of Safett~ Engineers (ABBE) http://www.a.~se.ar~/
• Network of Euiplo~*ers for Traffic Safert~ (NETS)
http://www.trafficsafet<~.or~/index? .asp
• The National Safet<- Council (NBC) http://www.nsc.or~/
• Occupational Safer<~ & Health Administration (OSHA) http://www.osha.~ov/
• Workers' Compensation Research Institute (WCRI) http://www.wcrinet.or~/
• The American Association of Occupational Health Nurse. (AAOHN)
http://wwv~~.aaohn.ora/ \
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
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• 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 Injury Prevention Pro ram
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 Inaurp Reyortin~
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 and the report faxed to
HR (note: if an injury occurs oll a Friday between the close of busiiletis 5:00 p.ut.) and
the start of busilless (8:0(1 a.lu.) 011 the following MoL1da~T, the injury shall be
reported wttlllll ~4 hours tr0111 the Start Of bu_tille_t.~ On MOllday. (Human Resources fax
line is 830.257-9227) This will enable the employee to qualify for the Workers'
Compensation 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 - Temyorary 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 cio so.
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~~~ o Revised 02-12-2009
Coordination with Attending Physician:
An employee on leave due to a work related disability can return to work only when the
County Human Resources receives the attending physicians' written medical release
authorizing such return. The Department Head or Human Resources are responsible
for providing the physician with a copy of the employee's job description for potential
modified-duty 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 parry consultants, as
necessary) to provide any reasonable accommodations
• Modified-duty /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 modified-duty 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 modified-duty assignments:
• No guarantee of work - As provided in the above paragraph (Modified Only),
Ken County must endeavor to return employees to gainful employment as
soon as possible by exploring possible modified-duty assignments. However,
Kerr County does not guarantee the availability of modified-duty 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
modified-duty assignment is based on the knowledge skills, and the abilities
required for the modified duty job as well as general market conditions.
Employees returning to work in modified-duty 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
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~~~~~ o Revised 02-12-2009
permitted to supplement their workers' compensation benefits by using their
accrued vacation, personal, or sick leave.
12-week limit -Modified duty assignments are temporary arrangements
intended to complement and facilitate the healing process. Modified-duty
assignments cannot exceed 12 weeks without approval from the Kerr County
Human Resources Director. The Human Resources Director or Elected
Official must request this deviation from Commissioners' Court.
Employee Refusal of Work/T`rainingz
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 pazagraph of this section on Coordination
with FMIA
Permanent Disabilitiesz
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 informarion 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 FMI.E~z
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
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~~~ o Revised 02-12-2009
County counts the period of an employee's modified-duty assignment toward the
employee's FMLA entitlement.
Employees entitle to FMIA 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 vacarion or sick leave, for remainder of any
unpaid FMLA leave.
Until employees have exhausted their 12week 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.
7.05 Health Insurance Portability and Accountability Act (HII'AA)
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)
7.06 Workulace 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 ramificarions.
Kerr County has zero tolerance of workplace violence. Physical assaults, threats,
intimidation, and intenrional destrucrion of property in County faciliries is prohibited.
The unlawful 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.
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8.0 County Facility Security (Sheriff will author this section for us)
8.01 kkkklzk
8.02 kklzkk
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9.00 Business Policies and Guidelines
9.01 Eaual Emyloyment 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 non-discriminatory 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, Ken
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 Workulace
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, non-discrimination,
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.
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9.04 Professional Conduct and Anti Harassment
Kerr 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. Kerr 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 nonverbal objects or conduct are
unacceptable and will not be tolerated. Likewise, inappropriate physical contact will not
be allowed in the workplace.
Ken 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.
Ken 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, unseasonably interferes with an individual's work
performance, or creates an intimidating, hostile, or offensive work environment."
Ken County will not tolerate harassment of any employee by anyone for any reason.
9.0? 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;
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• 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
may be 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 situarion to continue by not reporting it,
regardless of who is creating that situation. No employee is exempt from this policy.
In response to such reports, Kerr 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 t st. Kerr Cotuztt~ 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, department 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 charges, 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 separation.
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10.00 Ynformation Technology Policq
10.01 P lic
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 Kerr County policies and standards.
Electronic mail and Internet access is provided to Kerr County representatives such as
Elected Officials, Department Heads, employees, interns, temporary agency employees,
and volunteers as business communication tools. Kerr County representatives may have
access to one or more forms of electronic media and services (computers, a-mail,
telephones, voice mail, fax machines, copying machines, external electronic bulletin
boards, wire services, on-line services, the Internet and the World Wide Web).
The following procedures apply to all electronic media and services, which are:
^ Accessed on or from Kerr County premises
^ Accessed using Kerr County computer or other equipment, or via
^ Kerr County -paid access methods, and/or used in a manner which identifies
the individual with Kerr County.
By using or accessing any such electronic media in the manner described, the employee
shall be deemed to have agreed to be bound by these procedures.
10.02 Ternainolo~vv
Chain Letter - A letter sent to a number of people asking each recipient to send copies
with the same request to a specified number of others. The circulation of a chain letter
increases in geometrical progression as long as the instructions are followed by all
recipients.
Client - Is one end of a network protocol that provides a user interface to the server.
Computing Ethics - A set of accepted manners to be observed while using information
technology resources.
EMail -Electronic mail is a means of sending messages between computers using a
computer network or over a modem connected to a telephone line.
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Hack - An individual who uses programming skills to gain illegal access to a computer
network or file.
Internet -The Internet is a network of computer networks through which information
or electronic mail may travel. Computer users can use the Internet like a telephone or
fax to exchange information quickly and efficiently.
Hoax Message -Any message used to deceive by a story or a trick, for sport or mischief.
Home Page -The starting point for most organizations to place links to other parts of
the web.
Intellectual Property - An original computer program is regarded by law as the
intellectual property of the person or company which created the work. Computer
programs are protected under copyright law, which provides that any unauthorized
copying of such works isill~e al.
Network - A collection of two or more computers or other computing operation that
does a single task,
Processes -Apart of a running software program or other computing operation that
does a single task.
Server - A computer that provides information or programs to client computers on a
network, whether it be an in house server or an Internet server.
Shareware -Software available on the Internet for downloading so you can try it
before buying it. This software is copyrighted and distributed on a "freewill donation"
basis, either via the Internet or by being passed along by satisfied customers. Users who
continue to use the program after a trial period are expected to pay a registration fee.
In return, they get documentation, technical support, and access to updated versions.
Software License Agreement - A software license agreement states the terms of usage,
as permitted by the copyright owner, for the specific software product to which it
pertains. The license agreement accompanying software is stated explicitly in the
software documentation or on the computer screen when the program is started. The
price of software covers the legal acquisition of the software license and binds the
purchaser to use the software only according to the terms and agreements stated in the
license.
Softwaze Piracy -Software piracy is the term used to describe the unauthorized
copying or use of a computer program in any manner other than what is permitted by
copyright law or by the author as stated in the software licensing agreement. Any
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person who engages in software piracy commits an illegal act under general copyright
law.
Unauthorized Copying -The manufacturer's license agreement should be followed
when making back up copies of the software. Unless otherwise stated, the purchase of
a software license allows the purchaser to make a "backup" copy, to be used in case the
original software disk malfunctions or is destroyed.
Virus - A computer program that replicates on computer systems by incorporating
itself into shared programs.
World Wide Web (~JVWW or the Web) -The part of the Internet which provides a
way for organizations or individuals to publish information which is then available to a
worldwide audience. The World Wide Web currently uses an Internet protocol call
HTTP or Hyper Text Transfer Protocol and sends files written in a language called
HTML or Hyper Text Markup Language. An HTTP server provides Web pages to
client programs called browsers which retrieve and display the information stored on
the Web server.
Web Page - A single page displayed by a Web browser.
Worm -Known primarily as a virus, it is a computer program that can replicate itself.
10.03 Use of Kerr County Information Technology
Prohibited actions include but aze not limited to:
^ Personal use, except as provided by section "Electronic Mail and Internet Use"
^ Use of unauthorized resources;
^ Accessing applications, files, data, or processes without appropriate
authorization.
^ Intent to research or exploit security flaws to gain system or data access;
^ Connecting any hardware tot e network or PC without prior approval from the
Information Technology Department.
^ Altering or destroying information with the intent to cause harm or injury to
Kerr County or an employee of Kerr County.
^ Attempting to deliberately degrade performance or deny service.
^ Installation of any software without prior approval of the Information
Technology Department.
^ Sending bomb threats or "hoax" messages.
^ Use of computing or network resources for advertising or commercial purposes.
Electronic Mail and Internet Use
Kerr County Elected Officials, Department Heads, and employees shall not knowingly
send, receive, store, or access sites that are deemed by Ken County to promote,
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encourage, or endorse discrimination on the basis of race, color, national origin, age,
sex, political affiliation, religion, disability, or sexual orientation.
Electronic media may not be used for knowingly transmitting, retrieving, or storage of
any communications including but not limited to:
^ Those of a discriminatory or harassing nature;
^ Those that are derogatory to any individual or group;
^ Those that are obscene or of a pornographic nature;
^ Those that are of a defamatory or threatening nature;
• Chain letters;
^ Bomb threats or "hoax messages";
^ Email bombs that may cause network problems and disrupt service for other
users;
^ Those which attempt to hide the identity of the sender, or represent the sender
as someone else or from another source;
^ Those for advertising or other commercial purposes; or
^ Those intended for any other purpose which is illegal or against Kerr County
policy or contrary to Kerr County's interest.
Supervisors may authorize limited use of electronic mail for personal purposes so long
as productivity is not adversely impacted.
Network Operability
Kerr County employees and/or representatives may not attempt to read, "hack", into
other systems or other people's logins, or "crack" passwords, breach computer or
network security measures, or monitor electronic files or communications of other
employees or third parties except by explicit direction of the Department Head.
Kerr County employees and/or representatives may not share user logon and
passwords, access or copy another user's electronic mail, data, programs, or other file(s)
without prior approval of the Elected Official or Department Head for whom the
employee directly works.
Electronic media and services should not be used in a manner that will likely cause
network congestion or significantly hamper the ability of other people to access and use
the system, such as distributing computer worms or viruses.
Kerr County employees and/or representatives may not alter or destroy information
with the intent to cause harm or injury to Kerr County or any other employee of Kerr
County.
Kerr County employees and/or representatives may not tap a phone line or run a
network sniffer without authorization.
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Personal Use
Electronic media and services are exclusively for Kerr County business use.
Limited, occasional, or incidental use of electronic media (sending or receiving) for
personal, non business purposes may be authorized by a supervisor. The use of
streaming audio or video for personal use is prohibited.
Right to Privacy
Kerr County reserves the right for Elected Officers and/or Department Heads to
monitor, access, review, copy or delete each employee's access or use of the internet
and electronic mail including but not limited to a-mail, word processing, utility
programs, spreadsheets, voicemail, telephones, internet/BBS access, and to block access
to areas of the Internet which have no value to Kerr County.
Kerr County employees and/or representatives have no legitimate expectation of
privacy in their use of the Internet or Electronic Mail. Use of Kerr County's systems
and hardware constitutes consent to having intemet and electronic mail usage
monitored.
All documents are the property of Kerr County, and are not to be removed from Kerr
County premises or copied to removable media without the approval of the Elected
Official and/or the Department Head.
Kerr County reserves the right to purge electronic message(s) and/or documents,
attachments older than four (4) months. Messages and/or documents including
attachments sent and/or received via electronic mail which must be retained for greater
than four (4) months must be filed in "My Documents" on the user's hard drive or on
a network shared drive where applicable.
Broadcast Messages
Permission for county-wide broadcasting of messages must be obtained from either the
Elected Official or Department Head for which the employee and/or representative
works.
Disciplinary Action
Any employee found to be abusing the privilege of Kerr County-facilitated access to
electronic media or services will be subject to disciplinary action by the Elected Official
or Department Head including termination of employment and/or risk having the
privilege removed him herself and possibly other employees.
Confidential Data
Information technology staff shall be responsible for maintaining the integrity and
confidentiality of information viewed during troubleshooting and monitoring of the
County's network.
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All County records, including electronic records with the exception of judicial records,
Subject to the Public Information Act.
10.04 Software
Copyrighted Software
Kerr County Elected Officials, Department Heads, employees and/or representatives
obtaining electronic access to other companies or individuals' materials must respect all
copyrighted materials except as permitted by the copyright owner.
Ken County employees and/or representatives shall abide by applicable laws and Kerr
County policies and respect the copyrights and intellectual property laws of others,
including the legal use of copyrighted software.
Use of unauthorized software copies are a violation of the law and unauthorized
copying of software will not be tolerated under any circumstances.
Kerr County employees and/or representatives must comply with all license or
purchase terms regulating the use of software.
Software Approval
Approval must be obtained from the Ken County Information Technology
Department prior to using any publicly available softwaze package, download of demo
software, or software on preview. (A software approval form is available for this
purpose).
Software that maybe marked as "free," "public domain," and "public use" maybe free
for personal use but not corporate and/or governmental use. In downloading software
from the Internet, use of this softwaze can violate copyright or licensing requirements,
thus subject Kerr County to unnecessary and expensive litigation.
Software Purchases
Only copyrighted software, authorized for use and/or purchased in compliance with
Kerr County's software procurement policies, will be eligible for payment.
Only original manufacturer's copyrighted software will be eligible for purchase and
payment.
The Kerr County Information Technology Department is responsible for safekeeping
of all software purchased including licenses and media. License agreements will be
kept as the property of Kerr County. A copy of the license agreement may be kept by
an Elected Official or Department Head.
Unauthorized Purchases
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All software purchased must have prior approval. Any software purchased without an
approved request and purchase order issed by the Information Technology Department
will be considered an unauthorized purchase and will become the financial
responsibility of the employee who made the purchase.
"Shareware" is not eligible for purchase and any "shareware" purchased will become
the financial responsibility of the employee making the purchase.
The use of software, free or otherwise not authorized or purchased by Kerr County is
prohibited. Employees not adhering to this policy may be subject to disciplinary action
up to and including termination of employment.
Damaged Software
It is the responsibility of the Information Technology Department to return any
damaged software to the vendor and seek the appropriate credit or refund, if paid.
Software Accounting
Ken County Information Technology Department will take inventory of each desktop
or laptop computer's software on a periodic basis. Departments must allow access to
all directories, software disks, and documentation upon request by ITD personnel.
Software Documentation/Record Keepintg
All copyrighted software must include proper documentarion (license agreement).
Only under the following circumstances may Kerr County employees/representatives
copy software:
^ Prior authorization must be obtained from the Information Technology
Department.
^ Backup copies will be permitted if allowed in the software license agreement.
^ Back-up copies are labeled as such and become the property of Kerr County.
10.05 Kerr County's Home Pale
Kerr County's Home Page will contain the Official County Seal, information about
County activities, meeting, and public hearings. Likewise, information on how to
contact all Elected Officials or Departments by email, by regular mail, or by fax or
telephone will be included.
Confidential information shall not be released via the Internet.
Release of information that might compromise public safety should be avoided at all
times.
Kerr County's Home Page will be coordinated and produced by the Information
Technology Department No modifications or additions including links to other sites
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can be made to Kerr County's Home Page without prior approval of the Information
Technology Department.
10.06 Comtiuter Ethics
Kerr County is a polirical subdivision of the State of Texas. Elected Officials,
employees and/or representatives of Kerr County have a responsibility to conduct
themselves in an ethical manner.
Electronic mail should be treated as privileged in the same manner as first class U.S.
mail.
Any system weaknesses should be reported to the Information Technology Department
immediately.
Data obtained inappropriately (i.e. proprietary) should not be used.
10.07 Etiquette
Each network system (e.g. Law Enforcement, District Clerk, County Clerk, Auditing,
Treasurer, Tax Assessor, etc.) has its own set of policies, practices, and procedures.
Actions which are routinely allowed on one network or system maybe controlled or
even forbidden on other networks or systems. It is the user's responsibility to abide by
the policies, practices, and procedures of all networks or systems with which they may
communicate.
10.08 Policy
Each Department Head or Elected Official shall develop and implement written
guidelines and/or policies for County owned computer usage in each office.
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11.00 Family and Medical Leave (lE'MI.c°~)
11.01 Family 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 FMIA, the FMIA governs.
Employees may obtain forms for applying for FMIA from Human Resources.
Employees who experience a qualifying event shall be placed on FMLA and any paid
leave available to the employee shall run concurrently with their FMI.A leave.
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.
Continuous Leave -Leave taken in one continuous period of Buie, for example
eligible euiplo~~ees who have been absent for more tl~~ three consecutive
calendar days for a qualit~~ing reason.
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.
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Pazent -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:
• 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
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^ 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
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.
Qualifyins Events
Eligible employees are entitled 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 (See below for Military Family Leave
entitlements).
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.
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Military, Family Leave
Qualifying 'envy Leave
Eligible employees with a spouse, son, daughter, or parent on active duty or call for
active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12 week leave entitlement to address certain qualifying
exigencies. Qualifying exigencies may include 1) short notice deployment, 2) attending
certain military events, 3) arranging for alternative childcare and school activities, 4)
addressing certain financial and legal arrangements, 5) attending certain counseling
sessions, 6) rest and recuperation, 7) attending post deployment reintegration briefings,
and 8} addirional activities agreed to by Kerr County and the eligible employee.
Military Caregiver Leave
FMLA also includes a special leave entitlement that permits eligible employees to take
up to 26 weeks of leave to care for a covered service member during a single 12month
period. A covered service member is the employee's spouse, minor child, parent, or
next of kin who is a current member of the Armed Forces, including a member of the
National Guard or Reserves, who has a serious illness or injury incurred in the line of
duty on active duty that may render the service member medically unfit to perform his
or her duties for which the service member is undergoing medical treatment,
recuperation, or therapy; or is in outpatient status; or is on the temporary disability.
Tomes of Leave
If needed, Eligible Employees may take up to 12 weeks of leave at once.
Eligible Employees may take leave intermittently far 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
employee to another position that has equivalent pay and benefits and better
accommodates recurring periods of leave than the employee's regular position.
Concurrent Use of Paid Leave and FMLA Leave su acuaon o .~
E(11p1U~•e~s on corit111uolLti FMIA leave IllLlst exllaust all avallable Vacation Leave and
Sick Leave (if applicable) before r~sutuing to unpaid FMLA leave. For intermittent
FMLA, employees must exhaust all 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.
FMIA will commence upon occurrence of a qualifying FMIA event. Employees who
experience a qualifying event shall be placed on FMLA acid any paid leave available to
the e111plOyee~Pr11 sllall roll Co1lCUrrently with their FMI.A leave.
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Comvensatorv Time
An employee may choose to use their available Compensatory Time for an FMLA
qualifying event. If they make that choice, then the absences are simultaneously
designated as FMIA and Compensatory Time and count toward FMLA leave.
Workers Compensation Leave
Vacation and Sick Leave and Compensatory Time Sections above do not apply to
employees who are on Workers' Compensation Leave. Workers' Compensation Leave
and FMIA run concurrently.
Expiration of Entitlement to Leave
^ Entitlement to FMIA leave for the birth or placement of a child expires at the
end of the 12-month period be~inning~ on the date of the birth or placement.
For every other Qualifying Event, the entitlement to leave ends when the
flualifying_Event stoles 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 Teaming that the need for F1vILA leave ended and the
employee must return to work.
FMLA 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 FMLA leave shall be the 12month period measured forward from the
date an individual employee's first leave begins.
While on leave without pav under this policy, the employee shall not eam 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 FMIA 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 unuaid, FMLA leave must paj=
their share of premiums (spou_te and dependent coverage), i ~ under the Group
Health Plans (i.e. Major Medical) then in effect. Emplo~~ees who choose. to continue
coverage while on unpaid FMLA leave must pav anv Supplemental plans then ul effect.
The empla~-ee must pay their premiunL tar any supplemental plai~.s while on FMIA.
The County bills employees one month in advance to maintain
coverage. If the County does not receive pa~nuent within 30 days of the due date, such
coverage ends on the 3 l~ dad. Section .reworded ?-9-09 w/shop aild mfg with C.
Williams, Sheriff 29 CFR §$25.21? and §825.213
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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 premiun~.~ paid for maintaining coverage during any unpaid FMLA leave.
?9 CFR §8?5.? 12 aid §8?5.? 13
Department Heads are responsible for notifying Human Resources if an employee fails
to return to work.
Employees continue to accrue Vacation Leave and Sick 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 (FMLA) and the regulations issued to implement the Act.
Iob Protection
An employee who returns to work on or before the working day following the
expiration of the authorized FMLA leave period is enritled 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 FMLA leave are not urotected by FMIA and will
be subject to criminal action and possible termination.
Foreseeable Leave
If the need for FMIA leave is fareseeuble, the employee must provide the Department
Head and in turn Human Resources nonce at least 30 days before the leave begins.
Failure to give 30-days notice results in the denial of leave unti130-dayys notice is
provided.
Scheduling Foreseeable Leave Based on Planned Medical Treatment
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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 Z business days of when they learn of the need for leave.
Desisnation Procedures
Human Resources or an authorized representative always has the responsibility to
designate leave as FMLA-qualifying based upon the informarion the employee provides.
The designation of qualifying absences as FMIA leave is not optional for either the
employer or the employee.
Emvlovee 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 FIvILA
and provide them with the FMI.A Notice to Employee of Responsibilities and
Requirements promulgated by the Human Resources office. If the employee is not
able to complete the FMLA 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 absences} are protected under FIvILA do
not receive the protections under the law.
Preliminary Designations
If a department has reason to believe that an Eligible Employee's absence is because of
a Qualifying Event, the department preliminarily designates the absence as FMLA leave
and send the employee to Human Resources to complete the FMLA Notice to Employee
of Responsibiizties and Requirements informing the employee of the preliminary
designation and requiring them to submit the appropriate supporting documentation
in a timely manner to quality the leave as FMLA. If the leave is determined not to be
for a Qualifying Event, Human Resources or an authorized representative must remove
the preliminary designation.
If an eligible employee is absent from work for four (4) consecutive calendar days and
the supervisor is uncertain whether the absence is for a Qualifying Event, the
department preliminarily designates the 4`~ day and any further consecutive absences as
FMLA leave and the department must inform Human Resources. Human Resources
will send the appropriate FMLA forms to the employee. If the leave is determined to
be for a Qualifying Event, the preliminary designation becomes permanent. If the
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leave is determined not to be for a Qualifying Event, Human Resources must remove
the preliminary designation.
Workers' Compensation and FNIIA
If an employee is eligible for FMIA 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 FMI.A.
Unless the reason for the leave is obviously a Qualifying Event, the Department Head
or authorized representative must give an Eligible Employee an FIvILA Certification of
Health Care Provider form prescribed by Human Resources within 2 working days.
The employee must return the completed cemfication form within 15 calendar days of
receiving it.
Human Resources may, with the employee's permission, request a Health Care
Provider representing the County to communicate with the employee's Health Care
Provider for purposes of clarifying or authenticating such medical certification. Contact
Human Resources for assistance in this matter.
Re-Certification While on Leave or for Intermittent Leave
Human Resources may ask for re-certificarion any time the original certification expires
or, if no specific expiration date is given on the original certification, at any reasonable
interval of at least 30 days so long as the employee has had an F1vILA protected absence
during that interval. Human Resources may ask for re-certification at any time if:
^ The employee requests an extension of the leave; or
^ Circumstances described by the previous certification form have changed
significantly; or
^ The County receives information that casts doubt on the continuing validity of
the original certification.
Status While on Leave and Return to Dutv
Status Reports
An employee on FMIA 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
Resporuibiiities and Requirements.
Fitness for Duty Certification
Before returning to work, an employee who uses continuous FMLA leave because of
their own Serious Health Condition must provide a doctor's statement or a completed
fitness-forduty certification pertaining to the same condirion{s) for which they used
FMLA leave. The certification must state that they are fit for duty and able to return to
work. If the employee is unable to perform all of the essential functions of their job,
they must provide as much advance notice as possible to Human Resources and their
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Department Head of any restrictions or limitations on their abilities so the department
can determine whether a reasonable accommodarion is appropriate.
Outside employment during FMIA leave is prohibited, unless the employee receives
prior written permission from their Department Head or Elected Official and a copy
is placed into their personal FMIA file located in Human Resources.
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12.00 Business Policies and Guidelines
12.01 Life Threatening Illness in the Workylace
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 essential functions of their jobs, unless the request
imposes an undue hardship on the County. Employees with life threatening illnesses
are enritled 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 Receiv~in~ 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 Kerr County employees to
conduct job related activities that cannot not be conducted on a landline telephone 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
may be 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 addirional 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.
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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.
lo~~e~s approved for a Count- cell phone decline a countt~ cell phone to u.~e their
owl persona p bu_sine.~s, a uiaximuui of fift<* dollars ($50.00} per month uia~•
be submitted for payment any reu ~ ient through the Count' Auditors office. A
copy of the elllploye~s' monthly cellular statement 1Ls for County business
uiu_.t be notated. Thee reque.~t,. would be submitted for approva t lr
Comtni<csioners' Court. $5(? pcr tuvnth vuidcd with. CoiuiuLVioner's 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 clarificarion 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 the~• ~ can safely use your cell phone, or allow the call to go to voicemail until
the~~u can safel~* use their y r cell phone. Engaging in Ken County bu~ine_~.s u.5ing
a cell phone while driving i.~ prohibited. &uplo~yees who ~~iolate thi_ti policy may be
subject to disciplinary actions, up to and including separation.
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Appendix A -Statutory Degrees of Relationship
Palilic t]~ces T~s ~ the ~Y ` t?~ar t~8rr~rmnr,~• Cwere~
89
Attorue~° General of Texas Greg Abbott (2009). Degrees of relatio~islrip chart. Retries°ed
Februan- 13.2009 from the World Wide Web:
http~/%t~j1~~.oa~.state.ti.us/ag_Publicatious/t~-ts/2004trapshb 3.shtml
90
Degr~as of Relat+~nshi~+ Chart
tNfeen ~.:.a the aeg.ee at relatiornhip ~!!' max, the :.a-n:auai m the s the
aftxxr_ Far relationships by at6nity , the atom's sP~e s the eat in the centQr_
~~~ ~ Revised 02-12-2009
Appendiz D: HIPAA
HII'AA
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 practice. of Kerr Count<*-sponsored group health plans
• how your medical information ina~T be u_tied and disclosed
HOW t0 Obtain aCCetiS t0 t11Ly LlttOrlllatt011
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 Ken- County-sponsored )lealth plans. If 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 notice 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 Ken County receives about you as an employer is not PHI. Thus, your
sick leave records, FMIA 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.
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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 root 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 Ken 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
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~~~ o Revised 02-12-2009
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 organisations 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).
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• 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 informarion to a coroner or medical examiner.
• The Plans may release your PHI to authorized federal officials for intelligence,
counterintelligence, and other national security acriviries 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 may be 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 or
proceeding.
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~~~ ~ Revised 02-12-2009
• 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 deny your 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 Depamnent of Health and Human Services.
To file a complaint with the Plans, call the Kerr County Human Resources office. You
will not be penalized for filing a complaint.
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Appendix B: Copy of First Report of Incident/Injury
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EMPLOYEE SUGGESTIONS FOR HANDBOOK
When you have any suggestions for changes in the Personnel Policy Handbook, please
submit them promptly, as indicated below, while they are fresh in your mind. It would be
helpful toward 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:
~***
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