Policy Book -Current Standing on Sections 2-12-09
Due to changes, page numbers may not match earlier versions.
Sections 1 - 3, and 5 were discussed and agreed upon during the
Commissioner's Court workshop 12-08-08 (pg 139 minutes) with the
following subsections small changes:
• Section 1.03 need page number
• Section 1.26 need rewording per Rex
• Section 3.07 need Sheriffs Security Policy wording
^ Section 1-Personnel Policies
^ Section 2 -Separation
^ Section 3 -Employment and Employee Standards and Practices
^ Section 5 -Wages and Salary Administration
^ Section 10 -Information Technology Policy was approved by Court
Order June 14, 2004 and is posted on the Kerr County Information
Technology web page.
^ Section 11 -Family and Medical Leave Act (FMLA) Approved by
Court Order #31206 on 2-13-09.
Sections to be reviewed by Commissioners Court -Subject to the call of the
Chair:
^ Section 4 -Benefits and Leave
^ Section 6 -Drug and Alcohol Use
~ Section 7 -Safety
^ Section 8 -County Facility Security (Sheriff will author this for us)
^ Section 9 -Business Policies and Guidelines (need new title? Or
combine with Sec 12)
^ Section 12 -Business Policies and Guidelines (need new title? Or
combine with Sec 9)
~~~ e Revised 02-13-2009
Welcome to the Kerr County Team
Revised 02-12-2009
~~~ o Revised 02-13-2009
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 no 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 em~lovees remain free to choose to
terminate their working relationshiv at anv_time~with or without notice for any reason or no
reason.
I also admowledge 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 receivt will become a wart of your Emvlovee Personnel File. The Personnel Policy
Handbook Govern Details of Your Emvlovment. Read Them Carefully.
2
~~~ e Revised 02-13-2009
Disclaimer.
Nothing in this Personnel Policy Handbook constitutes a contract, express or implied. Ken
County, at its sole discretion may modify, alter, delete, suspend, or discontinue any part or
parts of the policies, procedures, or guidelines in this handbook at any time, with or without
prior notice to its employees. Unless otherwise specified, any such change to the Personnel
Policy Handbook shall apply to existing as well as future employees. The Human Resources
Department is responsible for developing and implementing personnel policies. No employee
may rely on or otherwise interpret 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 Ken County and an employee. All
Ken County employees are what the law terms "at~vill" 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 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~vill
employment relationship with Ken County does not create an express or an implied
agreement for continued employment for anp period of time.
3
~~~ ~ Revised 02-13-2009
PERSONNEL POLICY HANDBOOK
These policies, procedures, and guidelines govern the Employees of Kerr County, Texas (the
County) in addition to other than those covered by Personnel Regulations for certain
Departments that are superceded by State or Federal Mandate. The Kerr County Personnel
Policy Handbook becomes effective July 1, 20Q7. The Kerr County Personnel Policy
Handbook. supersedes all previous personnel policies, procedures, and guidelines and applies
in the audit of payrolls in all cases except those in which the law makes a different provision
for particular employment.
The guidelines herein regarding conditions for payment of compensation and benefits apply to
every employee of Kerr County. All other guidelines herein apply to every employee of Kerr
County unless an Elected or Appointed official promulgates a different written policy on the
subject applicable only to the official's employees (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 FMIA, COBRA, and Workers Compensation.
In addition, in accordance with certain State or Federal statutes, these guidelines do not
govern certain employees unless the board or appointing authority affirmatively elects to bind
its employees to the guidelines herein.
County employees have no employment tenure or guarantee. Kerr Count' emp~yment is at
will and the County or Employee is free to terminate employment with or without notice at
any time for any reason These guidelines are solely for information and do not constitute an
employment contract or a,g'uaralltee of continued empl~c yment
Kerr County reserves the right to alter, amend, delete, discontinue, modify, or suspend any
part or parts of the policies, procedures, and guidelines in this handbook at any time, with or
without prior notice to its employees. All amendments or changes become effective when
adopted and entered in the Minutes of Commissioners' Court.
The Kerr County Personnel Policy Handbook does not supersede any applicable State or
Federal law or regulation. Department Heads/Elected or Appointed Officials shall ensure that
a copy of the current Kerr County Personnel Policy Handbook and any amendment(s) are
issued to each new and current employee. The Handbook shall be printed and available on
the Ken COUIILZ' Human Resources website currently residing at hrr~~://~-~-.~o.ken.a~.t~:/i~re,o«r~e,/ .
If any ambiguity arises as to the meaning or interpretation of these guidelines, the ambiguity
shall be resolved in favor of Kerr County.
These guidelines use the words "he," "his," and "him" when the meaning includes "she,"
"hers," and "her" and the words "she," "hers," and "her" when the meaning includes "he,"
"his," and "him". This wording is used solely for ease of reading and should not be interpreted
as gender bias.
4
~~~ o Revised 02-13-2009
Personal Conduct Guidelines
1. 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 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 voices (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. County employees are trustees of public funds, records, and property. The actions
of all County employees should reflect adherence to these principals and State and
Federal Law.
1 1. Public service not only requires we obey the law but also mandates that we do not
give any appearance of impropriety or the use of our position for personal gain or
advantage or the detriment to others.
5
~~~ e Revised 02-13-2009
WELCOME TO KERR COUNTY -HISTORY
Kerr County (L13) is fifty miles northwest of San Antonio in the Edwards Plateau~°
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,q° 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 squaze 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 Edwazds 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 azea, 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 azea 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 azea in the eazly 1850s,
erecting sawmills on the various streams and establishing farms. Indian raids became
increasingly troublesome in the eazly 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 camelsq° as transport, and promoted
development in the azea 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 Bexaz 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 yeaz. Far 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 dom;r,ar,ce
over the county economy; by 1860 there were over 4,000 cattle and 1,100 sheep, while only
2,201 acres of farmland were devoted to crops. A second community, Zanzenberg (later
renamed Center Point), was established southeast of Kerrville and received a post office in
1859.
6
~~~ m Revised 02-13-2009
The county was divided over the secession~° question in 1860, narrowly voting in favor
of secession ?6 to 57. Most of the sizeable numbers of German settlers were opposed to
leaving the Union, while most of the Anglo settlers favored secession. Unionists from Kerr,
Gillespie, and Kendall counties were among those who participated in the formation of the
Union League~° in the summer of 1861, and by the summer of 1862 formed companies to
protect the frontier against Indians and their families against local Confederate forces. As
tensions increased during July of 1862 Kerr and other counties were declared to be in rebellion
against the state of Texas, and Confederate forces were ordered to take measures to suppress
the rebellion. In reaction to this a party of unionists, mostly German immigrants from
Gillespie, Kendall, and Kerr counties, rendezvoused on Turtle Creek in Kerr County and
headed south to seek asylum in Mexico. Confederate forces intercepted them and most were
killed at the battle of the Nueces~° in Kinney County or while attempting to cross the Rio
Grande. Men from the county served in the war on both sides, with most serving in state
regiments allocated to frontier service. While the divisiveness attendant on the Civil War~°
caused lasting bitterness in the county, the county economy recovered quickly. The number of
farms and ranches more than doubled between 1860 and 1870, then doubled again during the
1870s to reach 289 in 1880. At the same time the county's population increased to 1,042 in
1870 and 2,108 in 1880. Cattle and sheep ranching dominated the local economy, and wheat
and corn were the most important crops. In the decade of the 1870s sheep ianching
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,`'° 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 2~/i times to reach just under 160,000 in 1930, when over 667,000 pounds of mohair
were shipped. Kerrville was called by many the "Mohair Capital of the World.." Kerr County's
human population grew slowly during the early decades of the century, reaching 5,505 in 1910
and 5,842 in 1920. Just as the 1920s saw dramatic growth in the ranching industry, the
population of the county also increased rapidly during the decade, almost doubling to 10,151
inhabitants in 1930.
The early twentieth century witnessed the beginnings of the tourist industry in the
county. The Westminster EncampmentA° for Presbyterians, the first of these church-run
camps, was established in 1906, and the Methodist Kerrville Assembly Grounds were
7
~~~ m Revised 02-13-2009
established in 1924. The Country Cowboy Camp Meeting was established in 1939. A related
development was the growth of summer camps and dude ranches. By 1950 there were twelve
summer camps in the county, and by 1989 that number had grown to over thirty camps
serving more than 23,000 children. By the 1920s Kerr County had developed a reputation as
one of the healthiest locations in the country, a reputation that led to significant developments
in county health care and demographics. Several sanatoriums had cared for patients with
pulmonary complaints in the late nineteenth and early twentieth centuries, and in 1919 the
American l:egionq° of Texas established what would eventually be called the Veterans Affairs
Medical Center, Kerrville.~° The Sid Peterson Memorial Hospital was completed in 1949, and
the Kerrville State Hospital~° was opened in 1951. 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 exotic game industry, and Kerrville is the headquarters of the
Exotic Game Association. The Kerr Wildlife Management Areaq° 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 iri 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 Map, featured some 250 artists and drew crowds in excess of
30,000 by the 1990s. The KemTille Folk Festival,~° a popular showcase for Texas performers,
operated independently of the arts and crafts fair after 1972, and was attracting crowds of
25,000 by the 1990s.
Kerr County has also become a manufacturing center since the 1950s. In 1954 the
Mooney Aircraft Corporation began to manufacture small aircraft in Kerrville, and by 1969
they had expanded to become the largest employer in the county, with 549 workers. James
Avery Craftsman, a jewelry manufacturer, was also founded in the 1950s. While some crops
are still harvested in the county, livestock raising has continued to be the dominant
agricultural activity, and the sale of livestock and livestock products accounted for 97 percent
of agricultural receipts in 1980. In recent decades the county has continued to prosper from
its mixture of agriculture, tourism, health care, and manufacturing, and as a site for retirement
communities and countxy 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.
Ma~•k Odintz
Ha~rdbooh ofTeaas Ort/ine, s.~~. "." http://tj-~-~ti.tsha.uteias.edt~/handbool~/online/articles/KIUhcb-6.htm1
(accessed Map 8, 200'n.
(NOTE: "s.v." stands far sub verbo, "under the word. ")
8
~~~' ~ Revised 02-13-2009
Purpose of the Policy Handbook
Whether you are a new or experienced member of the Kerr County team, this
handbook has been designed to inform you of Kerr County's policies and procedures.
This guide is not exhaustive and does not address all policies and procedures for Kerr
County employees but rather focuses on those policies and procedures that are most
often of interest and concern to employees. This handbook is your reference tool for
many questions you map have about Kerr County employment, so please read it
carefully and familiarize yourself with the contents. Any provision of this guide that
conflicts with anp 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.
Kerr County may amend, supplement, or rescind any policy/guidance or portions of
the handbook in its sole and absolute discretion. The only exception to any change is
our employment-at will status permitting the employee or 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.
9
I@~~ o Revised 02-13-2009
1.00 Personnel Policies
1.01 Authority
All policy amendments, revisions, or new policies must be approved by Court Order by
Ken County Commissioner's Court. The Court may take such action without notice to
any individual employee. It is the responsibility of each employee to review the Hosted
ggenda of the court to inform themselves of any_proposed changes After the
amendments have been adopted, the Human Resources office shall distribute copies to
Elected or Appointed Officials and Department Heads for distribution to all employees.
The responsibility for Policy Administration is divided among County offices as follows:
A. Commissioner's Court establishes and oversees general personnel policies.
B. Human Resources Director serves as the resource to elected officials,
department heads, and employees on personnel matters and policies. The
office distributes copies of newly created and updated policies to elected
officials and department heads for further dissemination to employees. It is
during new employee orientation that new employees are first advised of Ken
County policies. HR also maintains the Employee Policy Handbook and makes
recommendations to Commissioner's Court regarding needed policy changes
and additions.
C. Elected officials and department heads are responsible for implementing these
policies in a fair and consistent manner in all areas over which they have
responsibility.
D. All regular full-time employees are given a copy of the Employee Policy
Handbook at new employee orientation; part~ime employees are given a copy
by their departmental representative.
1.02 Circulation of Personnel Handbooks
The County Judge, County Clerk, and the County Human Resources Director will
maintain complete copies of the Personnel Handbook with all revisions for reference by
employees. The Human Resources Director will also provide a copy of this handbook
and copies of all revisions to each Department Head, who in turn will make the updated
material available to employees.
1.03 Emulopee Suggestions
If you have any suggestions for policy or procedure changes, please submit them in
writing to pour immediate Supervisor or the Human Resources Depamnent Your input
will be helpful toward our continuing review of policies and all the current suggestions
for modifications in them. For your convenience in submitting recouiuiendatioi~.s plea.~e
u.5e the form provided at the end of your handbook oii~ ~~a~e ?~. Police and procedure
suggestions will be reviewed periodically.
10
~~~ o Revised 02-13-2009
1.04 Emvloyee 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. Kerr County believes that using this direct
approach is the best way to maintain positive working relationships.
1.05 Courtesy Guidelines
We are friendly, respectful, and helpful to all our customers, the public, and anyone we
may deal with, even if we are unable to fulfill their requests. We are friendly with each
other and treat each other with dignity, courtesy, and respect. The terms "please,"
"thankyou," 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 Oven Door Policq
Kerr County believes that employees are its most important resource. Open
communication and trust is important to employees. Kerr County values its employees'
constructive opinions and suggestions and encourages an employee to meet and discuss
suggestions, problems, or concerns with their management. In most instances, talking
with your immediate supervisor is the most effective way to deal with a challenge or
suggestion. However, if pour supervisor cannot resolve the matter satisfactorily, or is
personally involved in your concern, the employee may also discuss challenges or
suggestions with pour Department Head by using the following procedure:
Discuss the challenge or suggestion with your immediate supervisor. If the discussion
does not result in a resolution or if your supervisor is too closely involved in the
matter to be objective, you have the right to rake 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? Ayyearance Guidelines
A friendly and professional work environment is essential to effective employee relations.
Work environments can influence employee productivity and morale. Kerr County's
goal is to establish an environment providing a safe, productive, and comfortable
workplace while maintaining abusiness-like appearance. The purpose of the Appearance
Guidelines is to provide all employees with models for professional appearance, which
includes attire and personal grooming standards.
11
~~~ o Revised 02-13-2009
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 pour
Elected Official /Department Head
Each elected official or department head shall provide a current dated copy of their
individual department appearance guidelines to the Human Resources Department to be
placed on file.
1.08 Nature of Emuloyment
Employment with Kerr County is an "At Will" Status. All Kerr County employees are
what the law terms "atwill" employees, and nothing in this Personnel Policy Handbook
changes their "at will" employment status. An at will employee may end his or her
employment at any time, for any reason, with or without notice to Kerr County, with or
without cause. Likewise, Kerr County map terminate an atwill employee at any time,
with or without notice, for any reason, with or without cause. Further, an atwill
employment relationship with Kerr County does not create an express or an implied
agreement for continued employment for any.period of time.
1.09 Budeet Authorization
If a department's budget does not contain a line item or position for employee salaries,
the Department Head must obtain authorization from (;om m i ~.Sioner's Court f re
hiring any employee(s). Prior coordination with the Human Resources Department
regarding grade and salary amount is required (PAC form).
1.10 Position Announcements
Department Heads must send a notice of any position openings in which there will be
competitive consideration to the Human Resources Department for posting (exception:
Sheriff s Office and Jail). Human Resources will notify County employees and the public
by posting within the Kerr County Courthouse, Kerr County Human Resources
Website, and local newspaper advertisement
The normal length of posting 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.
1.1 l 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
12
~~~ e Revised 02-13-2009
• 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 Emulovees
Each Department Head is responsible for selecting people to fill each vacant position
within the pay limits set by the Commissioners' Court. Human Resources 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 map 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
medical condition or history in compliance with HIPAA requirements. Access to this
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 Kerr County or other County service maybe considered for
appointment above the customary entry salary level. Employees rehired to fill regular
full~ime positions with the County may receive credit for their prior length of service as
regular full time employees for longevity pap purposes, only if the break rn service zs 60
days or less. Any break in continuous service with the County forfeits all vacation,
personal leave, and health leave benefits accrued prior to the break in service. Rehires
do not revert nor receive prior sick, va~ttion, or comp tame 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.
13
~~~ e Revised 02-13-2009
1.15 Performance Avuraisals
Employees other than Department Heads or who have at least six (6) months of
continuous service should receive an Annual performance appraisal. Annual appraisals
are to be completed by June 15`~ each year. Copies of these appraisals must arrive to
Human Resources no later than June 30`'` each year to be added to employee files.
Department Heads are strongly encouraged to set up employee appraisals using the
Appraisal Guidelines and Forms available in the Human Resources office.
We encourage Elected Officials to conduct Annual performance appraisals on their
employees.
1.16 Performance Based Merit Increases
Kerr County may award step adjustments in an attempt to recognize employee
performance. Employees without performance appraisals are not eligible for a step or
grade increase. The final decision for a step adjustment is dependent upon several
factors including but not limited to the following
• Performance Appraisals
• Fund availability
• Approval of Commissioners' Court
A merit increase is advancement to a higher step in the same pay grade. Merit increases
cannot increase an employee's salary beyond the maximum for the pay grade of the
position. Merit increases are not used to recognize increased duties or responsibilities in
a higher grade (i.e. promotion).
Performance based merit ("step") increases are awarded on an annual basis and should be
included in the budget process to allow for discussion and approval by Commissioner's
Court
1.17 Classifications
Kerr County maintains a classification plan that assigns each class of positions to a pap
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 pap plan is a document that assigns a dollar value to each job
class; groups these classes into pay grades, and arrange pay grades on a pay
schedule showing step/grade, salary, and ranges for each grade.
14
~~~' ~ Revised 02-13-2009
1.18 Reclassifications
The intent of reclassifications is to correct pay group classifications that no longer reflect
the value of a position that over time has undergone significant changes to
responsibilities. Considerable deliberation should be given to determine if an increase in
authorizations or added job responsibilities is more appropriate to accommodate the
changes in workloads rather than raising salaries through reclassification.
Employees being reclassifies will be placed in the closest nearest step of the new pay
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 pap 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/reclassitication/traiL~tzr are ineligiblz for merit
consideration that year.
1.19 New Hire Wages
New employees will be hired at the entry level of the pay grade to which the position is
assigned. However, Elected Officials and Department Heads can consider and request
Commissioner's Court approval to hire at a higher step within a grade due to education,
experience, or an advanced skill set of the new hire provided the department budget does
not require an increase to accommodate the request-and there is documented
justification for the request Comm;~~ioner'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. Commissioner's Court must approve any promotions that have
departmental budgetary impact 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 pap does not constitute a promotion. No payroll
changes can be made without a fully completed PAC.
15
~~ o Revised 02-13-2009
1.21 Transfers
Transfers maybe made within the same department or between departments at the
Department Head's discretion. Employees are eligible to request transfers, provided the
employee has had a satisfactory performance record Employees who transfer will retain
the same effective employment date and all accrued vacation and sick leave. The
Department Heads should mutually agree upon the timing of the employees' release.
The employees' pay map remain the same, be at a higher rate, or a lower rate depending
upon the salary range of the position. Department Heads should coordinate with
Human Resources on any transfers. The "at~vill" employment relationship is not altered
due to the transfer.
1.22 Demotions
Demotions are a change in duty assignment of an employee to a lower paid position.
Demotions maybe made for the purpose of voluntary assumption of a less responsible
position or as a result of a reclassification of the employee's position, or as a disciplinary
measure due to unsatisfactory performance in a higher position.
Voluntary and Disciplinary demotions always involve a decrease in pay. The employee's
Department Head conducts the demotion process. Prior to completing a demotion, the
department shall consult and coordinate with Human Resources.
1.23 Assigned Staff
Staff members who are assigned to Kerr County, but are paid directly by another
govemment 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
Each employee may choose whether the public shall have access to the employee's home
address/telephone number. If a new employee does not request confidentiality 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).
1.25 Emvloyee Bulletin. Boards
Notices will be placed on the Kerr County and/or Department bulletin boazds and on
the Kerr County 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:
• Employee Break rooms
• Within each Department
• Human Resources
16
~~~ o Revised 02-13-2009
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.
~+m ) ..: T. R n ..... .
1.26 Emnlovnzent of Relatives (Red w~uits 2~ seiiteiice reivordec~
Nepotism i<s showing favoriti.~iu toward a relative. The practice of nC~~c~tism in hiring
:~~
personnel or awarding contract`s is prohibited b~T Kerr County_*. Nci ~iCr~on tii~~> h_ e hired
wh<~ i.~ rrlatCd within the ~~ccind dC~rcc h`> af#init~~ (marria~*C) or within diz third .`~C
~v cur~~an~7uinit,> {hl~~-1) t<> ariv uic~tihcr <~~ the Con2iiii.~~i4r~r's Ct~urt <7r to the
Departurcr~t H~a~;#c~r u 11om li ~~e w~rls, Fo
_ ~ a r the purpo_~~ti 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
map 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 sip (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 -map 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 to work in the same operational chain
of command
• Siblings -may only be hired provided they are separated by either (a) separate
scheduled shifts, (6) 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 clarification, see Append>~A
1.27 Medical Privacy
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, Juvenile
Probation 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.
17
~~ 4 Revised 02-13-2009
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.
,~
Hiirhli~hted items ~EED`1$T'I-~ER FG~E~J'iEV
Section 1.03 needs final p y uggestions Form
page number for Em to ee S
Section 1.26 needs rewording on 2~ sentence per Reg
18
~~~ e Revised 02-13-2009
2.00 Separation
2.01 Separation from Employment
To the extent permitted by law, employees may be terminated for any reason and at any
time without notice. As a matter of law, employees have no tenure. Employees may
resign at any time without notice. Further. the Te.~as Pavlov Act does not auvly to
Kerr County. (Szc. 61.103 http://www.tu~c.state.tx.us/u' lablaw/lablaw htlnl )
Employees that fail to report to work without contacting their supervisor as required by
policy are subject to separation.
Employees must return all County property and equipment (e.g., keys, car, cell phone,
computer, personal desktop assistant - 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
Employees receive pay 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 -pap for Hours Actually Worked during the
calendar year of the separation.
Example 1: Employee separates on June 2nd and returns to employment June 10`x. This
employee returned without a Break in Employment However, if the employee separates
on June 2nd 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 this section, Compensatory Time and Vacation do not include the following:
• Car allowance
• Education pay
• Uniform allowance
• Tool allowance
• lAng~ty pay
Compensation will not be accrued after date of separation (i.e. employee separates 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 by
submitting a PAC to Human Resources.
19
~~~ e Revised 02-13-2009
No FauL+ Attendance Policy t Day Rule)
Employees who have no Hours Actually Worked for 240 days including weekends and
holidays in a 12-month period are separated. FlvIIA protected absences and Military
Leave do not count toward this policy. Department heads are responsible for tracking
and implementing this policy.
2.02 TSmes of Seuaration
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.
A supervisor is responsible for notifying the Human Resources Department as soon
as an employee announces his/her intent to resign. An employee who resigns in
good standing will normally be required to wait at least ninety (90) days before
reapplying for employment with Kerr County. Retirees should consult Department
Head and Human Resources regarding re employment
2. Retirement -The same requirements for resignation apply to retirement except
that the employee should notify his/her supervisor, in writing, at least thirty (30)
days prior to the last day of work but no more than ninety (90) days prior to the
date of retirement so that any retirement benefits due may be started promptly.
Kerr County is a member of the Texas County and District Retirement System
(TCDRS) and the prospective retiree must complete the application for retirement
form, reviewed and submitted by Human Resources to TCDRS within the time
frame discussed above. The effective date specified in the application must be the
last day of a calendar month and shall not be a date preceding the separation of the
employees' employment with Kerr County. Employees must meet age, length of
service, and other criteria to receive retirement benefits from Kerr County (see
Human Resources for additional information).
3. Dismissal/Discharge/Separation - Is classified as an involuntary separation from
employment that does not fall into one of the other categories.
20
~~~' o Revised 02-13-2009
4. Reduction in Force - Is a separation because of reduction in force when a position
is abolished or terminated. Decisions regarding individual separations may be
based on but are not limited to the following;
• Consideration of the necessity of each position to the County,
• The performance record of each employee, and
• Qualifications of the employee for remaining positions
5. Death - If an employee dies while in the service of Kerr County, the employee's
designated beneficiary or estate shall receive all earned pay and payable benefits.
2.03 Guidance regarding 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 possible, employees who are laid off in one department maybe transferred
into another department layoff criteria shall be based first on the continuing need for a
particular function. In cases of potential layoffs, the Department Head should
coordinate with the County Attorney and Human Resources.
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.
21
~~~ e Revised 02-13-2009
3.0 Employment and Employee Standards and Practices
3.01 Orientation and Tr~uinin~
Human Resources provides a general orientation for new employees about employment
with the county including information about the structure, functions, and services of
county government Information concerning medical benefits will be provided to the
employee once they have met the required waiting period established by Kerr County,
which is sixty (60) days from employment date with benefits beginning the first dap of the
month following the 60`~ dap of employment.
Before an employee begins performing his/her actual duties, they will receive a brief
orientation conducted by the Department Head or by a designated department
representative.
3.02 Ential Employment Opportunity
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 asnon-handicapped applicants and employees.
Determination of reasonable accommodation is made through consultation with the
employee, his/her doctor, County Attorney, HR, and/or organizations knowledgeable in
determining various handicaps.
3.03 Categories of Employment
• Fu1~Time R~lar -Those who are not in a temporary status and who are
regularly scheduled to work in an authorized position afull--time schedule of 40
hours per week. No person maybe considered afull--time regular employee
unless they are filling a budgeted full-time position that is supported by the
position schedule and an approved job description. These employees are
eligible for Kerr County's benefit package, subject to the terms, conditions, and
limitations of each package.
• Part-Time Regular -Those who are not assigned to a temporary status and are
regularly scheduled to work fewer than the county full time schedule, not more
than 32 hours per week but at least 20 hours per week. While they do receive
22
~~~~°~ o Revised 02-13-2009
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
aze not eligible for other benefit programs unless approved by order of the
Commissioners' Court. No person may be considered a part time regular
employee unless they are filling a budgeted gart time position that is supported
by the position schedule and an approved job description. Part time regular
employees are paid out of a part time line item within the budget. Employees
paid out of a part-time salary line item may not without prior approval of the
Commissioner's Court or in an emergency, work more than 1248 hours per
year.
Temvorarv 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 regazdless
of the numbzr of hours they work. Personnel paid out of a part rinse salary tine
item do not normally work more than hours per year. Emplo~rees paid out
of a part time salart~ line item uia~T not without prior approval of the
Commissioner's Court or in an emergency, work more than hours per
year. Temporary employees receive all legally mandated benefits (such as social
security and workers' compensation insurance) but aze n entitled to the
County's other benefits programs.
Vocational tVOE) /Intern (Co-Ov) Students - VOE and Intern students are
employed by the County in cooperation 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
Kea 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 Kea County's other
benefits programs.
3.04 Attendance and Timeliness
Absenteeism and tardiness place a burden on other employees and Kerr County.
Employees unable to work as scheduled will notify their supervisor as soon as possible in
advance of the anticipated absence or tardiness, the reason and when they can be
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
23
~~ o Revised 02-13-2009
balance of the day. Employees are expected to personally call on each day of absence or
tardiness.
Unauthorized/excessive absences or tazdiness 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 County shall not engage in any activity or other employment that
adversely affects or conflicts with their ability to effectively carry out the duties and
responsibilities of their position.
An employee accepting other employment while still being employed by Kerr County
must notify their supervisor efor beginning such work except in cases where the work
maybe occasional or casual. However, if the work affects the job performance, regardless
of the type of employment, the employee can be asked to terminate said outside
employment In addition, due to periodic updates to job descriptions/requirements an
employee previously approved for outside employment maybe asked to quit said outside
activity if it impairs their ability to do their job.
3.06 Emtiloyee Conduct and Work Rules
To ensure orderly operations and provide the best possible work environment, Kerr
County expects employees to follow rules of conduct that will protect the interests and
safety of all employees and the public. It is not possible to list all types of behavior that
are considered unacceptable in the workplace. Violations of the rules of conduct will
result in disciplinary action, up to and including separation of employment The
following listings of rules of conduct violations are examples that include but aze not
limited to:
- Theft/inappropriate removal possession of property (including
electronic records)
- Falsification of County records
- Working under the influence of alcohol/illegal drugs
- Fighting or threatening violence in the workplace
- Negligence or improper conduct leading to damage of employer-owned
or customer or public property
24
~~~ e Revised 02-13-2009
- Falsification of employment documents
- Insubordination or other disrespectful conduct
- Violation of safety or health rules
- Sexual or other unlawful or unwelcome harassment
- Possession of dangerous unauthorized materials, such as unlawful
knives, explosives, or firearms in the workplace not related to
employment.
- Falsification of timekeeping/timecard/payroll information
- Excessive absenteeism or absence without notice
- Violation of personnel handbook guidelines
- Unsatisfactory performance or conduct
- Unprofessional behavior towards members of the public, other
employees or department heads (includes verbal abuse)
3.07 Return of Prouerty
Employees must return any/all Kerr County property immediately upon request or upon
separation of employment Kerr County may take all action authorized by law and
deemed appropriate to recover or protect its property. Employees are responsible for
items issued to them by Kerr County or in their possession or control, included but not
limited to the following:
- ManuaL~/written/e-docuiiient. materiaL~
- K~•,/I~~tcards/Key fobs = (all Eiii~lo~~cs.anci Rrpr~entatives of Kew
County must cfl~ vs itl _Sl~en~t'ti ~,oiies~~nd guidel~lr_~ iegarditg
S~:~aur~ix-) Sheriff's Policy In Process
- Pagers and Phones
- Vehicle Insurance
- Equipment and/or tooLG
- Credit Card.G
- Identification carcL~/badge.~/securit<~ pa_~se.~
- Protective equipment and unifornLG
3.08 Chain of Command
Employees are responsible to the appropriate Department Head or a supervisor
designated by the Department. Directions regarding work to be completed, expected
results, and the minimum acceptable requirements of work performance will normally
follow the chain of command within the department or as specifically authorized by
other Kerr County policies.
For hirther clarifr'catron, see AppendrYB
3.09 Solicitation
People not employed by Kerr County may not solicit or distribute literature in the
workplace at any time for any purpose. Kerr County recognizes employees may have
interest in events and organizations outside the workplace however, employees may not
25
~~~ ~ Revised 02-13-2009
solicit or distribute literature concerning these activities during working time (Working
time does not include lunch periods or work breaks). In addition, the posting of written
solicitations on County bulletin boards is restricted If employees have a message of
interest to the workplace, they may submit it to the Department Head for approval. If
approved, the Department Head should sign and date the posting and the employee can
then post.
See Community Events Policy (web page) for further information regarding postings.
3.10 Conflict of Interest
Officers and employees of Kerr County will neither have financial interest in the profits
of any contract, service, or other work performed by the county nor personally profit
directly or indirectly from any contract, purchase, sale, or service between Kerr County
and any person or company.
An officer or employee may not (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 ex~;.hange for having performed duties as a county employee
or officer in favor of that person
• Engage in outside activities incompatible with the full and proper
discharge of county duties or which might impair independent
judgment in the performance of county duties
3.11 Political Activity
County employees aze encouraged to vote and to exercise other responsibilities of
citizenship consistent with state and federal law and these policies. Employees aze 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.
26
~~~ e Revised 02-13-2009
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. courtho ~~ grounds or county
buildings when used for the purpose of political announcements aRproved bx
Commissioner's Court.
Any employee who is subject to the provisions of the federal Hatch Act may not be a
candidate for elective office in a partisan election. County employees are subject to this
additional Hatch Act restriction if their principal employment is in connection with an
activity, which is financed in whole or in part by loans or grants made by the federal
government For more information on the Hatch Act, see Appendix C.
An employee's political activity that is not in violation of this section will not be
considered in determining their compensation, eligibility for promotion or demotion;
work assignment, leave or travel request, or in applying any other employment practices
to the employee.
3.1~ Gifts and.. Gratuities
County Officers and employees map not accept gifts or free services that might tend to
influence his/her official actions or impair their independence of judgment in
performance of duties for the county.
County Officers and employees shall not accept gifts from contractors, vendors, or other
persons who have business dealings with the county, except for non-cash minor token
items (value not greater than $50.00 per item) given as part of advertising their business.
36.08 &36.09 Penal Code Chapter 36 lam://www.statut~.legis state tx u~/Index as~x
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
27
~~~ o ReVi.sed OZ-13-2009
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 aclazowledging 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
Devartment Heads when dealing with violations of 3 05 Emplovee Conduct and Work
Rules.
In some cases, an infraction is so severe that immediate corrective action, up to and
including separation map appear to be warranted. In those cases, Kerr County reserves
the right to deviate from the steps in paragraph two (2} above (Counseling/ Verbal
Warning et.aL}
3.14 Accident Revortin~ -Vehicles or Eauivment
Any employee involved in an accident while driving or riding in a county vehicle or on
County business in a personal vehicle, no matter how minor, 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
before Law Enforcement have made their investigation and cleared the driver to leave
unless required to report. The Department Head shall notify the County Auditor and
Human Resources of the accident on the same day the accident occurred, or on the first
business day following the accident if it occurred after hours or on a non~vorkday. The
Department Head shall forward a copy of any accident report involving county
equipment or vehicles to Human Resources as soon as the law enforcement
investigation is completed. Kerr County follows Federal Motor Carrier Safety
Administration Guidelines (FMCSA) and Depamnent of Transportation (DOT)
regarding Post Accident Alcohol and Drug Testing (CFR 49 Part 40).
http•//www fiiic~Ga dot eov/ruleG-regulations/tonics/drug/engtestine~ htin and
htrp•//www dot Gov/o~t/daUC/NEW DOCS/part40 htiiil? roc
28
~~ e Revised 02-13-2009
x.15 Valid I)riv+er's License
Operators of county vehicles are required to have a valid Texas driver's license necessary
far legal operation of the vehicle and shall immediately notifq the depamnent head of
anq changes in staters of their license. Suspension or revocation of the driver's license of
an employee who is assigned as a vehicle or equipment operator may result in a
demotion or separation.
3.16 Use of Eaiuiument 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 arg
r hibi If an employee is in doubt about a circumstance, they must check with the
appropriate department head before proceeding. Violations of this ~tridance may
result in 'on and vossible yrosecution
Employees are expected to exercise care, perform required maintenance, and follow all
operating instructions, safety standards, and guidelines. In addition, all employees who
operate a vehicle in the conduct of county business are required to possess a valid Texas
driver's license and be listed on the County's insurance. Notify pour supervisor of any
equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of
repair.
• Kerr County vehicles are not to be used for personal business.
• Kerr County maintains a "No rider nolicv " Only Kerr County employees are
allowed to ride or operate County vehicles. Non-employees are prohibited from
driving or riding in Kerr County vehicles (exception: Law Enforcement, Juvenile
Probation, Juvenile Detention Center for purposes of County business}.
• Vehicles should be inspected prior to use to help ensure meeting safety
standards (lights, horn, wipers, etc are in service).
• Any vehicle accident, damage, or malfunction should be documented and
reported to your Department Head immediately. If vehicle is involved in an
accident, it must also be reported to local law enforcement
• Vehicles shall be kept clean inside and out
• Vehicles should receive quarterly preventative maintenance (Checking or
changing :oil, air filters, power steering and transmission fluid, tires, etc}
If an individual has their Driver License suspended or revoked, or if they are not
approved for coverage by our insurance carver, disciplinary action may result up to and
including separation. New hires must also have a safe driving record and be insurable
as well.
3.1? Use of Phone System (landline or cell?
Employees maybe required to reimburse Kerr County for any charges resulting from
their personal use of the telephone or County cell phones. It is understood that
occasionally personal calls are necessary; however, use of telephones for local personal
29
~@~~ o Revised 02-13-2009
calls is permitted only if the number and length of calls aze kept to a minimum due to
necessity. County employees and Officials shall not place un-reimbursed personal long
distance telephone calls or Eases on county telephone equipment. A call to notify family
of job requirements to work unscheduled overtime is an acceptable county business call.
Personal cell phones must be turned off during work hours unless otherwise approved
by a Department Head or Supervisor.
3.18 Use of County Credit Cards
Credit cards are issued to authorized employees by the Kerr County Auditors office,
who monitors their use and submits documentation of usage at the end of each month.
Unauthorized or personal use of county credit cards is strictly prohibited and may result
in separation and/or prosecution.
3.19 Access to Personnel Files
Official files maybe maintained by Human Resources. Department Heads may retain
copies. Supervisors and management personnel who have a legitimate reason to review
information in a file are allowed to do so. Employees who wish to review their file must
file a written request with their Department Head With reasonable notice (at least 72
hours), employees may review or request a copy of their personnel files. However, an
employee may not remove documents from the file. Employees must be accompanied
by their Department Head or Human Resources when reviewing files.
3.20 Access to Medical Files
Only authorized personnel with a need to know are allowed access to employee medical
files. Access to employee medical files is normally restricted to HR personnel, Insurance
Adjusters, employee, County Attorney, law enforcement via appropriate court orders,
etc. Supervisors aze not authorized to maintain or request any medical information
from an employee other than that authorized to ensure compliance with applicable laws
or to enforce County policy with regards to return to work (Fitness for Duty), Sick day
requests, FMIA, 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 S Work/Trainina
Each Department Head is authorized to 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 Depamnent
New employees must report to Human Resources t~riar to ~rfarmiaa any work or
traini for the county or drawuxg any salary and until the employee has been made an
30
~~~ e Revised 02-13-2009
offer of employment by the appropriate Department Head. The New Hire Material
Packet includes but is not limited to the following documents:
• Employee Verification Form
• Kerr County Personnel Assignment Change Form (PAC)
• Federal IRS Form W-4
• Federal I9 Form
• Insurance Application
• Retirement Application
The employment of any person for a position for which the person does not possess
the minimum qualifications of the job is voidable unless, prior to their employment, a
waiver of this provision is approved by the Department Head and Human Resources.
Said waiver map 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, non~tep/grade) must be approved by the
Commissioners' Court. Budgeted salary for an existing appointed position will no
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.
3.22 A-~e Indemnification Atyreement
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
Countt~ Attorne~~.
~~~ih~ed Lten~s NEB FL~~~
Section 3.07 needs final Sheriff policy
31
~~~ o Revised 02-13-2009
5.00 Wages and Salary Administration
5.01 Fair Labors Standards Act (FI.SA)
It is the policy, procedure, and practice of Kerr County to comply fully with the Fair
Labors Standards Act (ELBA). All job positions will be reviewed and classified as non-
exempt or exempt, according to FLSA standards. All employment practices will be
conducted in accordance with this policy basis.
5.02 Emyloyment 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 pap 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.) aze prospective only and become effective only on the first day of a
PaY P~~-
Department Heads must obtain reauthorization for Temvorarv Positions and
Temvorarv 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 times their schedules
will normally begin and end. Staffing needs and operational demands may necessitate
variations in starting and ending times, as well as variations in the total hours that may
be scheduled each day of the week. Employees are expected to report punctually for
duty at the beginning of each assigned workday and to work the full work schedule.
Department Heads may, within the limits of state federal law, make adjustment to these
schedules.
The official 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.
50
~~~' o Revised 02-13-2009
Exceptions include but are not limited to:
Sheriffs 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
Momin~ and afternoon breaks of 15 minutes each may be authorized at the discretion
or supervision but, if authorized, does not accumulate if not taken. To the extent
possible, rest periods will be provided in the middle of work periods. Since rest time is
counted and paid as time worked, employees must not be absent from their
workstations beyond the allocated time. Additionally, employees maybe requested to
curtail the rest period if it is necessary to provide adequate customer service in high
customer service azeas. All fullxime regular employees aze 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 aze determined separately at the discretion of the
Department Head.
5.06 Overtime Comyensation and Comyensatory Time
Based upon available budgeted funds allocated for Overtime. Compensation, non-
exempt employees aze compensated for Hours Actually Worked in accordance with
applicable law. In lieu of cash payment for Overtime, Compensatory Time maybe
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 may be scheduled to work overtime hours (Note: Sheriff
Deputies/Jailers and Juvenile Detention work a 28 day, 171 hour schedule before time
and a half begins). When possible, advance notification of these mandatory
assignments will be provided. All overtime work must receive the Department Head's
prior authorization. Overtime compensation is paid to all nonexempt employees in
,accordance with federal and state wage and hour restrictions. Overtime pay is based
upon actual hours worked. For the purposes of overtime compensation, only hours
worked in excess of forty during a workweek will be counted (exception: vacation and
sick leave shall be counted as hours worked). An employee on paid status, who is absent
with approved paid leave on the workday immediately preceding or following a holiday
will be paid for the holiday.
For the purposes of overtime compensation, only Hours Actually Worked in excess of
forty (40) hours during a workweek will be counted. When cash payment (payroll) is
51
~~~ o Revised 02-13-2009
not made for Overtime, Non Exempt Employees accrue Compensatory Time at the rate
of 1 lfi hours per Hour Actually Worked more than 40 hours in one workweek.
Compensatory Time balances can be carried forward for 30 days or 2 pay periods.
Compensatory Time should be paid or taken within 30 days or 2 pay periods. An
employee's request to use Compensatory Time is subject to the Department Head's
approval and must not unduly disrupt the operation of the department.
Except for FMIA 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 acxruals, 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 Keeping
Accurately recording time worked is the responsibility of every non-exempt employee.
Federal and State Laws require Kerr County to keep accurate records of time worked in
order to calculate employee pap and benefits. Tune worked is all the time actually spent
on the job performing assigned duties. Non-exempt employees_ should accurately record
the time they begin and end their work.
Altering, falsifying, or tampering with Time and Attendance Records (time sheets) or
another employee's Time and Attendance Record (time sheets) may result in
disciplinary action up to and including separation. All non-exempt employees will fill
out Time and Attendance Records (time sheets) and turn them into their Department
Head or designated Supervisor for approval.
It is the employee's responsibility to sign his/her Time and Attendance Record (tune
sheet) to certify the accuracy of all time recorded. The Department Head or designated
Supervisor will review and then sign the Time and Attendance Record (time sheet)
before submitting to Human Resources for payroll processing. In addition, if
corrections or modifications are made to the Time and Attendance Record (time sheet),
both the employee and supervisor must verify the accuracy of changes by signing the
Time and Attendance Record (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).
52
~?~~ e Revised 02-13-2009
Exception: Sheriffs Office, Juvenile Detention Facility -see Depamnent Head for
further clarification.
5.08 Pav
Pay for County Elected and Appointed Officials and employees who are paid from
County funds are set each year by the Commissioners' Court in the adopted County
operating budget. Rules governing salary administration and pay increases are also
established by the- Commissioners' Court.
PAYDAYSs
Employees are paid on a semi monthly schedule on the 15~` and last dap 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 aclrnowledging receipt of the
Departments paychecks.
No pay advances or loans will be made to any employee for any reason.
An employee must bring any discrepancy in a paycheck (such as overpayment,
underpayment, or incorrect payroll deductions) to the attention of Human Resources
Within thirty (30) days of issuance or before the end of the fiscal year, whichever date is
earliest
Administrative Pay Corrections
Kerr County takes all reasonable steps to ensure that employees receive the correct
amount of pay in each paycheck and that employees are paid promptly on the scheduled
payday. In the unlikely event there is an error in the amount of pay, the employee
should promptly bring the discrepancy to the attention of Human Resources so that
corrections can be made as quickly as possible. Corrections} will be made on the next
Pay~Y•
53
~~~ a Revised 02-13-2009
5.09 Pap Deductions
Federal and State Laws require that Kerr County make certain deductions from every
employee's compensation. Among these are applicable federal income takes and Texas
County and District Retirement System {TCDRS) contributions. Kerr County must
also deduct Social Security taxes up to a specified limit that is called the Social Security
"wage base." Kerr County matches the amount of Social Security taxes paid by each
employee and offers programs and benefits beyond those required by law. Eligible
employees may voluntarily authorise 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 pap (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 wage for a lawful purpose
http://tlo2.tlc. state.t~.us/statutes/docs/LA/content/htm/1a.002.00.000061.00.htm#61.018.00
Kerr County may make deductions that are:
• authorized by state or federal law
• authorized in writing and advance by employee
• ordered by court, (e.g. garnishment)
The County may deduct an additional $2.50 per pay period ($5.00 per month) to cover
its administrative costs. If the employee leaves the job, the County must notify the
court and the payee within seven days, giving the name and the address of anp 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.
5.11 Separation 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.
54
~~~°°~ a Revised OZ-13-2009
Unused Vacation Payz
Upon separation, regulaz 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 salary rate in effect at the time.
Unused Sick Leaves
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-thc board pay increase. If an across-the-boazd 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 Emvloyee Categories
Kerr County has clarified the definitions of employment classifications so employees
understand their employment status and benefit eligibility. These classifications do not
guarantee employment for any specified period of time. Accordingly, the right to
separate the employment relationship at will at any time is retained by both the
employee and Kerr County. There aze four (4) categories of employment with Kerr
County:
• Elected Officials: Department Heads who aze elected by the Public and whose
duties and responsibilities are defined by state law. They shall be governed by
state law when it is in conflict with the provisions stated within this handbook.
~ Atroointed Officials Department Heads who aze appointed (not elected) in
accordance with state law.
• Exempt: Employees whose positions meet specific tests established by the Fair
Labor Standards Act (ELBA) 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-ezemuts Employees whose positions do not meet the FLSA exemption test
and who are given compensation for hours worked in excess of forty (40) hours
per week. (Exception: Law Enforcement, Juvenile Detention, and Juvenile
Probation use 171-hour rule. See your Department Head for further
clarification)
An employee's EXEMPT or NONEXEMPT classification maybe changed only upon
written notification by Human Resources.
55
~~~ e Revised 02-13-2009
5.14 Business Travel Fxdenses
Kerr County will reimburse employees for reasonable business travel expenses incurred
while on assignments away from the normal work location. All business travel must be
approved in advance by the Department Head. Employees with approved travel are
responsible for their own travel arrangements. Employees aze expected to limit
expenses to reasonable amounts.
NOTE: Subject to amendment or discontinuance at any time, Commi~Gioners' 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.
• Caz rental fees (only for compact or mid-sized)
• Fares for shuttle or airport bus service, or other public ground travel
• Taxi fazes, only when there is no less expensive alternative
• Mileage costs for use of personal cazs when less expensive transportation is not
available. Mileage reimbursed only with copy of miles calculated from the Texas
Mileage Guide turned in with reimbursement request. Texas Mileage Guide
found on-line at http://ecpa.cUa.state.tx.us/mileage/Milea~isv
• Staffing at moderately priced establLShnieiit`ti (motel hotel)
• Meals (exclusive of alcohol) reimbursed onltr 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 aze traveling to the same location for the same purpose,
they should travel together whenever possible to avoid unnecessary travel expenses.
When two or more officials or employees travel in a single automobile, only one
employee will receive per-mile or other automobile reimbursements.
Expenses which aze not permitted under the terms of grants, contracts, or agreements
with other agencies will not be charged as costs to those grants, contracts, or
agreements.
If an employee who is subject to the overtime provisions of FLSA travels overnight on
business (more than one day), they will be paid for time spent traveling (except for meal
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.
56
~~~ o Revised 02-13-2009
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 Anyroving~ 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.
57
~~~ ~ Revised 02-13-2009
10.00 Information Technology Policy
10.01 Policy
It is the policy of Kerr County to provide an atmosphere that encourages the free
exchange of ideas and sharing of information to benefit the conduct of official Ken
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 ail 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 TerminoloQv
Chain Letxer - 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.
FrMail -Electronic mail is a means of sending messages between computers using a
computer network or over a modem connected to a telephone line.
69
~~~ o ~tevised 02-13-2009
Hack - An individual who uses programming skills to gain illegal access to a computer
network or file.
Internet -The Intemet 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
cogying of such works is ille 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.
Software Piracy -Software piracy is the term used to describe the unauthorized
copping 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
70
~~~ e Revised 02-13-2009
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 softwaze disk malfunctions or is destroyed.
Virus - A computer program that replicates on computer systems by incorporating
itself into shared programs.
World Wide Web ~i~7WW or the Web) -The part of the Intemet which provides a
way for organizations or individuals to publish information which is then available to a
world wide 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 Technolot=y
Prohibited actions include but are 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.
IIectronic Mail and Internet Use
Kerr County Elected. Officials, Department Heads, and employees shall not knowingly
send, receive, store, or access sites that aze deemed by Kerr County to promote,
71
~~~' o Revised 02-13-2009
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 aze obscene or of a pornographic nature;
^ Those that are of a defamatory or threatening nature;
^ Chain letters;
^ Bomb threats or "hoax messages";
^ E-mail 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 Iogins, 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.
72
~~~ e Revised OZ-13-2009
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 Intemet or Electronic Mail Use of Kerr County's systems
and hardware constitutes consent to having Internet 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 countywide 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 Dana
Information technology staff shall be responsible for maintaining the integrity and
confidentiality of information viewed during troubleshooting and monitoring of the
County's network.
73
I~~~ e Revised 02-13-2009
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.
Kerr 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 softwaze.
Use of unauthorized software copies aze a violation of the law and unauthorized
copping 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 Kerr County Information Technology
Department prior to using any publicly available software package, download of demo
softwaze, or software on preview. (A software approval form is available for this
p~Se~-
Software that maybe mazked 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 software 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 maybe kept by
an Elected Official or Department Head.
Unauthorized Purchases
74
~~~ e Revised 02-13-2009
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.
"Shazewaze" 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 maybe 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
Kea 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 Keeping
All copyrighted softwaze must include proper documentation (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
^ Backup copies are labeled as such and become the property of Kea County.
10.05 Kerr County's Home Page
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 fag 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 alI
times.
Kea County's Home Page will be coordinated and produced by the Information
Technology Department No modifications or additions including links to other sites
75
~~~' Q Revised 02-13-2009
can be made to Kerr County's Home Page without prior approval of the Information
Technology Department
10.06 Comuuter Ethics
Kerr County is a political 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 Depamnent
immediately.
Data obtained inappropriately (i.e. proprietary} should not be used.
10.0? 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.
76
~~~' o Revised OZ-13-2009
11.00 Family and Medical Leave fFML-A
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 FMLA, the FMLA governs.
Employees may obtain forms for applying for FMLA 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 FMLA 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 a+ctuallv 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 Caze 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 time, for
example eligible employees who have been absent for more than three
consecutive calendar days for a qualifying 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.
77
~~~ e Revised 02-13-2009
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 anp 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 mare 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 emended period of time
(including recurring episodes of a single
underlying condition); and
?8
~~~ o Revised 02-13-2009
• 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 longterm
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.
~ualifyin~ Events
Eligible employees aze 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, Pazent,
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.
79
~~~ a Revised 02-13-2009
Military Family Leave
alif 'ng F.ac~encv Leave
Eligible employees with a spouse, son, daughter, or pazent 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) additional activities agreed to by Kerr County and the eligible employee.
Military Caze~iver 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 1 Z-month
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 Guazd 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.
Tvces of Leave
If needed, Eligible Employees may take up to 12 weeks of leave at once.
Eligible Employees may take leave intermittently for any Qualifying Event except the
birth or placement of a child.
^ Alternative Position on Leave Taken Intermittently
If an employee requests intermittent leave that is foreseeable based on planned
medical treatment, the Department Head may temporarily transfer the
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 FMIA Leave
Employees on continuous FMLA leave must exhaust all available Vacation Leave and
Sick Leave (if applicable) before resuming unpaid FMLA leave. For intermittent
FMLA, employees must exhaust all Vacation Leave and Sick Leave (if applicable) before
taking unpaid FMLA 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. FMLA will commence upon
occurrence of a qualifying FMLA event Employees who experience a qualifying event
shall be placed on FMLA and any paid leave available to the employee shall run
concurrently with their FMLA leave.
80
~~~ e Revised 02-13-2009
Compensatory 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 FMLA leave for the birth or placement of a child empires at the
end of the 12-month period b ginning on the date of the birth or placement
For every other Qualifying Event, the entitlement to leave ends when the
Qualifying Event stops or the employee exhausts 12 weeks of leave whichever
occurs first In either event, the employee must notify Human Resources
within 2 working days of learning that the need for FMLA leave ended and the
employee must return to work.
FMLA is based on a "rolling" pear -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 1Z-month period measured forward from the
date an individual employee's first leave beeins.
While on leave without pay under this policy, the employee shall not earn vacation,
sick leave, be eligible for holidays, or earn other benefits afforded to employees actively
at work, except for those stated in this policy.
Benefits Protection
During any period that an Eligible Employee takes FMLA leave, the County maintains
coverage under any Group Health Plan at the level, and under the condition coverage
would have been provided if the employee had continued in employment
Employees who choose to continue coverage while on unpaid FMLA leave must pay
their share of premiums (spouse and dependent coverage) under the Group Health
Plans (i.e. Major Medical) then in effect Employees who choose to continue coverage
while on unpaid FMLA leave must pay any Supplemental plans then in effect The
employee must pay their premiums for any supplemental plans while on FMLA. The
County bills employees one month in advance to maintain coverage. If the County
does not receive payment within 30 days of the due date, such coverage ends on the
31°` dap. (29 CFR §825.212 and §825.213)
81
~?~~' 4 Revised 02-13-2009
The County recovers the premium paid for maintaining coverage under such Group
Health Plan during any period of unpaid FMLA leave if
^ The employee fails to return from FMLA leave after the expiration of the
designated leave period; and
^ The employees fails to return to work for a reason other than the continuation,
recurrence, or onset of a Serious Health Condition that entitles the employee
to leave or other circumstances beyond the employee's control.
^ An employee who works less than 30 calendar days after returning to work is
considered to have failed to return to work and must reimburse the County for
any premiums paid for maintaining coverage during any unpaid FMLA leave.
29 CFR §825.212 and §825.213
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 (FIvILA) and the regulations issued to implement the Act
Job Protection
An employee who returns to work on or before the working day following the
expiration of the authorized FMLA leave period is entitled to be restored:
^ To the position held when the leave began; or
^ To an equivalent position with equivalent employment benefits, pay,
and other terms and conditions of employment
An employee who exhausts the authorize FIvILA leave and fails to return to work may
be subject to discipline, including separation.
Employees who fraudulently obtain FMIA leave are not vrotected by FMIA and will
be subject to criminal action and possible termination. j
Foreseeable Leave
If the need for FMLA leave is foreseeable, the employee must provide the Department
Head and in turn Human Resources nonce at least 30 days before the leave begins.
Failure to give 34days notice results in the denial of leave unti130-days notice is
grovided.
Scheduling Foreseeable Leave Based on Planned Medical Treatment
If the need for leave is foreseeable based on planned medical treatment, the employee
must make a reasonable effort to schedule the treatment so it does not disrupt the
82
~~~~ o Revised OZ-13-2009
operations of the department, subject to the approval of the appropriate Health Care
Provider.
I~nforeseeable Leave
If the medical treatment is unforeseeable, the employee must provide such notice as is
practicable -within 1 or 2 business days of when they learn of the need for leave.
Designation Procedures
Human Resources or an authorized representative always has the responsibility to
designate leave as FMLA-qualifying based upon the information the employee provides.
The designation of qualifying absences as FMLA leave is not optional for either the
employer or the employee.
Emulovee Request for Leave
When an employee specifically requests FNiIA leave or when an employee requests
leave for any reason that is or may be a Qualifying Event, Human Resources or an
authorized representative should have the employee complete an application for F1vILA
and provide them with the FMIA Notice to Employee ofResponsibrlities and
Requirements promulgated by the Human Resources office. If the employee is not
able to complete the F1vILA application, Human Resources or an authorized
representative must complete the form based on information the employee or their
spokesperson provides. Information provided is released only to those with a
legitimate need-to-know. Employees who do not provide sufficient information for
Human Resources to determine whether the absence(s) are protected under FMLA 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 Responsibilities 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
leave is determined not to be for a Qualifying Event, Human Resources must remove
the preliminary designation.
83
~~~ e Revised 02-13-2009
workers' compensation and FMI.A
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 FMiA.
Unless the reason for the leave is obviously a Qualifying Event, the Department Head
or authorized representative must give an Eligible Employee an FMIA Certification of
Health Care Provider form prescribed by Human Resources within 2 working days.
The employee must return the completed certification 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-certification 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 FIVILA protected absence
during that interval Human Resources may ask for re-certification at anp 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 Duty
Status Reports
An employee on F1viIA 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
Respor~sibitities and Requirements.
Fitness for Duty Certification
Before returning to work, an employee who uses continuous FMIA leave because of
their own Serious Health Condition must provide a doctor's statement or a completed
fitness-for-duty certification pertaining to the same condition(s) for which they used
FMIA leave. The certification must state that they aze 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
Department Head of any restrictions or limitations on their abilities so the department
can determine whether a reasonable accommodation is appropriate.
84
~~ o Revised 02-13-2009
Outside employment during FMIA leave is prohibited, unless the employee receives
~I prior writeen permission from their Department Head or Elected Official and a copy
is placed into their personal FMIA file located in Human Resources
85