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HomeMy WebLinkAboutResolution 2022 (05) Resolution No. 5 (2022) o T �z wl, � NTY RESOLUTION ADOPTING UPDATED PERSONNEL POLICIES mum ,'�r f��a;�Jaw�a� COVER MEMO TO: County Board of Supervisors FROM: Ken Witt, County Administrator DATE: February 1, 2022 AGENDA ITEM: Resolution Adopting Updated Personnel Policies BACKGROUND INFORMATION 7.1 Employee Conduct and Work Rules Policy This is a brand-new policy that uses sections of previous Article 13 - Discipline in the current Handbook. General Updates: Formatting; Addition of definition section. Removes section of work rules from Discipline Policy and places into Employee Conduct and Work Rules Policy: Grounds for disciplinary action may include (but are not inclusive of) the following: 1) falsification of the job application, falsification of any County records (4); 2) excessive or consistent absenteeism or tardiness (note that the fact that an employee has sick leave time or PTO time available to him/her does not vest in him/her the absolute right to use that time), failure to give proper notice when unable to report for or continue work as scheduled, abuse of sick leave (2), (3), (4); 3) absent without leave when the person in question is supposed to be on duty, or a leave of absence taken for other than the reason for which it was granted (3) or (4); 4) discrimrticle 2 of this Handbook (3) or (4); 5) intoxication or ination against others as defined in A use of alcoholic beverages, narcotics, drugs or other controlled substances while on duty or on County property so as to interfere with the person's work conduct, efficiency of performance, relationship with other employees and/or the public, or to create a safety hazard; the use of prescription drugs while on duty and in accordance with the directives of a physician is not subject to discipline (3) or (4); 6) gambling while on duty or on County property (2), (3), (4); 7) immoral or otherwise improper conduct which adversely and substantially affects others or brings the County into disrepute; 8) being charged with or convicted of a crime which is directly related to the job which the person was hired to perform or unavailability for work due to incarceration (4); 9) sexual harassment of another employee or the public, or harassment on the basis of sex exists when: a) submission to such conduct is made, either explicitly or implicitly a term or condition of an individual's employment, b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment (2), (3), (4); 10)unprovoked insolence or disrespect on the part of the employee toward other County employees or the public (2), (3), (4); 11)abusing, striking, or deliberately causing mental anguish or injury to other employees or the public (4); 12)provoking a disturbance among fellow employees or actions adversely and substantially affecting morale, performance, or efficiency (2) or (3), (4); 13)failure to provide accurate and complete information when required by supervising authority, failure to complete assignments in a timely manner (2), (3), (4); 14)violations of provisions of federal, state, or local laws, administrative rules, personnel policies, or departmental rules promulgated pursuant to this section (2), (3), (4); 15)theft or embezzlement (4); 16)disobedience, insubordination, inattentiveness, negligence, or refusal to obey lawful written or verbal assignments, directions, or instructions (1) or (2), (3), (4); 17)unauthorized use, neglect, or destruction of employer or employee-owned or leased property, equipment, or supplies (1) or (2), (3), (4); 18)fraudulent claim for reimbursement, hours worked, etc. (3), (4); 19)performance of personal work or services for pay while on duty (2 or 3, 4); 20)improperly disclosing confidential information (4); 21)failure to wear safety belts when operating, or a front-seat rider in a County-owned vehicle, or a vehicle collecting mileage reimbursement from the County (2, 3, 4); (note that supervisors or Department Heads can grant an exception to this policy for specific situations in which it is deemed that efficiency of operations outweighs the safety benefit or if an employee possesses a written physician's statement indicating that for medical or physical reasons the employee is unable to use the seat belt system); 22)giving County key(s) to unauthorized person(s) (3) or (4); County 23)violating dress and grooming standards as outlined in Article 9, Section 10 or in departmental rules and regulations (1) or (2), (3), (4); 24)smoking in a non-smoking area (1) or (2), (3), (4); 25)continued poor work performance, lack of appropriate response to corrective action (3), (4); and 26)absence from work without authorization for three (3) days or more shall be construed that the employee has resigned from employment with the County. Added: 1) Fraud in securing employment, (e.g. falsification of the job application, qualifications, etc.) (Modified verbiage) 10) Possession, distribution, sale, purchase, transfer, intoxication, or use of alcoholic beverages, narcotics, drugs or other illegal substances while on duty, operating County-owned vehicles or equipment, or on County property so as to interfere with the person's work conduct, efficiency of performance, relationship with other employees and/or the public, or to create a safety hazard; the use of prescription drugs while on duty and in accordance with the directives of a physician is not subject to discipline. (Modified to include possession, distribution, sale, purchase, and transfer) 14) Dishonesty in the performance of duties. 16) Failure to obtain and maintain a current license, education, or certification as required by law or the County. 19) Engaging in unauthorized personal activity such as excessive personal telephone calls and/or email/internet use during regularly scheduled work hours. 22) Failure to report injuries, accidents or unsafe conditions or failure to cooperate with the investigation of an accident. 26)Sleeping on the job. 7.1.3 Definitions 1. Work Rules A set of explicit or understood regulations or principles governing conduct within the County. Work Rules are established not to restrict the rights of employees, but rather to define those rights and to assure attainment of the County's objectives through orderly processes. 7.1.4 Conduct and Work Rules While it is impossible to list every type of behavior that may be deemed a serious infraction subject to corrective or disciplinary action, the Employee Conduct and Work Rules policy includes examples of behaviors that may result in disciplinary action. Employees are expected to conduct themselves in a manner that is consistent with reasonable and commonly accepted standards of behavior. The following are examples of behavior that would be considered infractions of St. Croix County rules of conduct. Such behavior may result in corrective or disciplinary action, up to and including termination of employment. This list is not intended to be exhaustive: 7.1.4.1 General Conduct 1. Employees shall treat supervisors, subordinates, and peers with respect. They shall be courteous and civil at all times in their working relationships with one another and in the presence of others. 2. Employees have a right to conduct their work without disorderly or undue interference from other employees. The County prohibits employees from violating this right of their co-workers. This prohibition includes, but is not limited to acts such as: a) Unprovoked rude or disrespectful behavior on the part of an employee toward fellow employees, County Board Supervisors, visitors, or other members of the public. b) Boisterous or disruptive activity in the workplace or actions that adversely and substantially affect morale, production, or efficiency. c) Sexual or other unlawful unwelcome harassment. d) Engaging in lurid, inappropriate, or sexual behavior on County property. e) Fighting with or provoking a disturbance among fellow employees that threatens violence in the workplace, or actions adversely and substantially affecting morale, production, or efficiency. f) Discrimination against others because of race, color, creed, national origin, political preference, sexual preference, age, sex, disability, or any other protected classification. g) Bullying, as defined in the Workplace Bullying policy. h) Making malicious, false, and harmful statements about others. i) Publicly disclosing another's private information when not authorized to do so. 7.1.5 Right to Search The County reserves the right to search unlocked and/or publicly used County property at any time without consent. The County may request a search of personal property at the worksite or locked County property assigned to an individual if there is reasonable suspicion that evidence of illegal or prohibited activities resides therein. 7.1.6 Off-Duty Conduct An employee may be disciplined for off-duty conduct when there is a connection between the off-duty conduct and the employee's position. Employees are expected to display appropriate behavior and conduct off-duty. Inappropriate off-duty behavior/conduct can reflect poorly on the County. This rule shall cover behavior both on and off duty and on and off the work premises that harms the business interest or reputation of the County, including outside employment that creates a conflict of interest or criminal activity that would disqualify the employee from employment. 7.1.7 Consequences of Policy Violation Failure to meet these expectations may be grounds for corrective action or discipline, up to and including termination. Corrective and disciplinary actions include, but are not limited to, oral warnings, written warnings, suspensions, and discharge. The County retains the right to determine what corrective action or discipline will be imposed in each individual situation. The supervisor should consult with the department head and Human Resources on such matters. 7.3 - Right to Know - New Policy Created to add expectations/clarifications surrounding right to know about toxic chemicals in the workplace. 7.6 Corrective and Disciplinary Action Policy Proposed Changes This updated policy modifies Article 13 Discipline in the current Handbook. General Updates: Formatting; Addition of definition section. 7.6.1 Policy - Added language County employees may receive corrective or disciplinary action for reasons that include, but are not limited to, violation of County Code, departmental work rules, Employee Policies and Administrative Procedures, or other County policies or safety rules. 7.6.2 Purpose - Added language Corrective and disciplinary action may be taken for violations of standards of conduct, violations of policies and procedures, or for unsatisfactory work performance. In most instances, corrective and disciplinary action will only be taken after a full investigation and after giving the employee an opportunity to respond to any and all allegations. Removed language The purpose of discipline is to correct the job behavior and performance problems of employees. Disciplinary rules and regulations are applied in an equitable and consistent manner, commensurate with the infraction. 7.6.3 Scope - Added language This policy applies to all regular full-time and part-time employees of St. Croix County. For purposes of this policy, the term "employee" does not include elected officials; temporary employees (including limited term, casual, or seasonal); project employees; independent contractors or their respective employees; unpaid interns, volunteers, or any employee, official or officer that services at the pleasure of the appointment authority, as provided by Wisconsin Statutes. Removed language The provisions of this Article do not apply to Department Heads. The terms of Elected Officials are governed by Wisconsin Statutes. Appointed Department Heads are employees at-will whose appointments are made by the County Administrator, but subject to County Board confirmation. Removed introductory period statement. 7.6.4 Definitions - Added language 1. Corrective Action For purposes of this policy, "corrective action" means an employment measure initiated by the County to the employee prior to disciplinary action and may be presented to the employee in verbal or written form. Corrective action is a non- disciplinary action. Another term used for corrective action may be coaching, counseling, or informal corrective action. A common example of a Corrective Action item is an employee Performance Improvement Plan (PIP). These measures are not required to be used before disciplinary action occurs or in any specific order. The Employer may repeat corrective action. Problems related to an employee's inability to meet job expectations, not related to misconduct, may be addressed through performance evaluation. 2. Disciplinary Action For purposes of this policy, "disciplinary action" means an employment action initiated by the County to an employee that results in a formal oral disciplinary warning, written disciplinary warning, disciplinary suspension without pay, disciplinary demotion/reduction in rank, or involuntary discharge from employment. Failure by the employee to correct the behavior may result in further disciplinary action, up to and including discharge from employment. "Disciplinary Action" does not include any of the following actions: resignations, layoffs, or workforce reduction activities; status changes; non-disciplinary wage, benefit, or salary adjustments or reductions; non-disciplinary reductions in rank or demotions; guidance and counseling, performance improvement plans; performance evaluations or reviews; paid and unpaid administrative leave pending an investigation; or change in assignment or assignment location. 3. Disciplinary Demotion A disciplinary demotion is the permanent removal, for disciplinary reasons, of an employee from the employee's current assignment to an assignment in a lower classification resulting in reduced pay. 4. Disciplinary Suspension Suspension means the employer's temporary withdrawal without pay of an employee from employment. 5. Oral Warning A disciplinary oral warning is an oral statement made to an employee indicating the employee's conduct or performance fails to meet an acceptable level or expected improvement. 6. Written Warning A written statement or notice to the employee indicating that conduct or performance fails to meet an acceptable level. 7. Administrative Leave Administrative leave means an employee is placed on a paid leave of absence pending the completion of a workplace investigation that involves the employee and which may result in disciplinary action against the employee. Since this is a non-disciplinary suspension, there shall be no employee right to appeal. 8. Involuntary Discharge Involuntary Discharge means a separation from employment for disciplinary or performance reasons. "Involuntary Discharge" does not include a separation from employment because of abandonment of a position; completion of a contract, seasonal, or temporary assignment or employment; death; furlough; job restructuring; layoff; non- disciplinary demotion; reduction in force; retirement; transfer; or voluntary resignation. 9. Progressive Discipline Progressive discipline allows an employee the opportunity to improve job performance and comply with established rules of conduct in order to avoid further consequences. For minor rule infractions and minor performance deficiencies, discipline may be applied progressively. Where progressive disciplinary action does not result in satisfactory job performance or acceptable employee conduct, discharge of employment may be necessitated. 10. Level of Discipline The level of discipline imposed is at the sole discretion of the County. The level of discipline imposed shall take into consideration the seriousness of the infraction, a Human Resources Policy review of the facts and circumstances of the infraction, the employee's performance record and history of prior disciplinary actions. Depending upon the severity of the offense, the level of discipline imposed by the County may involve immediate application of one or more progressive steps including immediate discharge, if warranted. Specific disciplinary measures are not required to be imposed before discharge from employment occurs, nor are disciplinary actions required to be imposed in any specific order. Repeated infractions of even minor offenses may result in discharge. The County may, at its discretion, repeat or skip disciplinary actions. 7.6.5 FLSA - Added language In accordance with the Fair Labor Standards Act, exempt employees who are disciplined, and given an unpaid suspension, shall serve a minimum of one full day unpaid suspension. Disciplinary deductions in pay cannot be in partial day increments. 7.6.8 Departmental Policies and Procedures-- Added language Each Department Head is responsible for developing any additional written department procedures unique to, and necessary for, the efficient and safe operation of the department, after consultation with the Human Resources Department. Department procedures shall not replace the guidelines in the HR Policy Manual but shall be used in addition. Department procedures shall be explained and made available to all affected employees, including notice that any violation of such rules shall be subject to corrective or disciplinary action. 7.6.9 Taking Disciplinary Action - Added language In most instances, corrective and disciplinary action will only be taken after a full investigation and after giving the employee an opportunity to respond to any and all allegations. 7.6.10 Administering Discipline - Added language The Department Head or supervisor will give the employee a notice that documents any/all oral and written warnings, suspensions, terminations. Receipt of the notice will be acknowledged by the employee or witnessed. A copy of the notice will be furnished to the employee. The original notice will be forwarded to the Human Resources department. All corrective and disciplinary actions will be documented and placed in the employee's permanent file in Human Resources. Removed language For consistency in administering discipline County-wide, the following remedies are recommended for violation of the work rules. After each rule, the number corresponds to a specific penalty in a progressive discipline order of first offense, second offense, third offense, fourth offense. The key to disciplinary procedure is as follows: (1) verbal reprimand, (2) written reprimand, (3) suspension (one or more days), (4) discharge (following investigation to determine if the violation or performance issue is sufficient to warrant such). For example, (2), (3), (4) is interpreted to mean that for violation of a work rule or a continuing performance issue, the employee will, upon first offense, receive a written reprimand (2), upon second offense, receive a suspension (3), and, upon third offense, be discharged (4). It is important to note that repeated violations of several work rules have a compounding effect. For example, if work rule 'Y' is violated, the remedy is written reprimand. If the employee then violates work rule "y", the remedy is not another written reprimand, but the compounding factor dictates that it is treated as a second offense and a suspension is issued. Again, because of the variety and severity of the infraction, the person administering the discipline is given the discretion to determine appropriate actions. 7.6.9 Appeal - Added language An employee that is not in their introductory period may appeal the imposition of a disciplinary suspension, disciplinary demotion, or involuntary discharge as set forth in the Grievance Policy and Procedure. 7.7 Grievance Policy and Procedure Proposed Changes This updated policy replaces Article 11 Grievance Procedure in the current Handbook. General Updates: Formatting; Addition of definition section. 7.7.1 Policy - Added language: This Grievance Policy is established pursuant to Wis. Stat. § 66.0509. Eligible employees shall use this policy and the procedure to resolve disputes with St. Croix County regarding covered employee discharges, employee discipline, or workplace safety issues. The County expects employees and management to exercise reasonable efforts to resolve any questions, problems, or misunderstandings prior to utilizing the grievance policy and procedure. If an employee is subject to a contractual grievance policy, the contractual grievance policy must be followed as applicable. This policy does not replace or supersede any statutory provision which may be applicable to an employee's employment with the County and it does not create a legally binding contract or a contract of employment. This policy may be modified or eliminated by the County at any time, with or without prior notice. Removed language: 1) It is the County's policy to treat all employees fairly and equitably. 2) 2) An employee has the right to bring a grievance to the County's attention without fear of reprisal. Filing a grievance will not reflect unfavorably on an employee's loyalty or adversely affect an employee's employment status. 3) 3) Nothing in this Article abrogates any legal means of redre ss available to an employee, including the right to seek redress in a court of law. 7.7.2 Purpose - Added language: This procedure provides an employee with the individual opportunity to address concerns regarding discipline, termination, or workplace safety matters, to have those matters reviewed by an impartial hearing officer and to appeal to the county board, where appropriate. 7.7.3 Definitions - Reformatted. Dropped some sections down into bulleted lists. Added language: Added "Failure to Report to Work", "Loss of Required License or Certification", and "On-call and limited term employee" as a bulleted reason in what the definition "Discharge (dismissal)" does not include. Added definition of Impartial Hearing Officer: A non-County employee who is designated by the County to serve as a neutral party and whose role is to conduct a hearing as outlined in this procedure, and render a decision pertaining to discipline, termination, or workplace safety. Arbitrary and Capricious Standard A decision is arbitrary and capricious if the decisionmaker (1) fails to use reasonable diligence to determine facts necessary to its decision, (2) fails to give proper consideration to facts relevant to the decision, or (3) bases its action on conclusions reasonable people would not reach on the same facts. Removed language: Definitions not commonly found in other grievance policies/procedures. 1. "Abuse of discretion" means the failure to exercise sound, reasonable, and legal decision- making. 2. "Clearly erroneous" means a finding of material fact that is contrary to the weight of the evidence or that is not reasonably supported by the evidence as a whole, but a mistake that does not interfere with rights or remedies will be considered harmless and may be disregarded. 3. "Preponderance of the evidence" means the greater weight of the evidence; superior evidentiary weight that, though not sufficient to free the mind wholly from doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other. 9) "Just cause" means a legally sufficient reason for discipline or termination. A reason is legally sufficient if it is supported by the preponderance of the evidence. The elements of just cause are: a. Whether the employee could reasonably be expected to know the probable consequences of his or her conduct; b. Whether the rule or order that the employee allegedly violated is reasonable; c. Whether the employer made a reasonable effort to investigate whether the employee violated the rule or order; d. Whether the employer's investigation was fair and objective; e. Whether the employer's investigation produced substantial evidence that the employee violated the rule or order; f. Whether the employer applied the rule or order fairly and without discrimination; and g. Whether the discipline reasonably relates to the seriousness of the offense and to the employee's overall record. 7.7.5 General Provisions - Reformatted sections - added headers/sub sections. Added language: 1. Time Limits: ii. A grievance or decision or appeal is considered timely if received by the employer during normal business hours or if postmarked by 12:00 midnight on the due date. iii. If the last day on which a grievance is to be filed or a decision is to be appealed is a Saturday, Sunday or holiday, the time limit is the next day which is not a Saturday, Sunday or holiday. "Holiday" shall mean any day in which St. Croix County offices, except 24/7 operations, are closed. v. The employer and employee may mutually agree to waive time limits, in writing. vi. The employer and employee may mutually agree, in writing, to waive any step to facilitate or expedite resolution of the grievance. vii. In the event the Grievance is not answered by the Employer within the specified time limits set forth in this Grievance Procedure, the Employee may proceed to the next available step within 7 days. (original reworded) viii. Any issues involving the timeliness of a Grievance under this Grievance Procedure shall be resolved by the County Administrator. 2. Scheduling: iii. If requested, the Employee shall be allowed time away from their work duties to meet with the Employer to discuss the matter that is subject of a potential Grievance. Once the formal written Grievance has been filed, the Employee shall use his or her available PTO for said meetings and shall receive prior approval from the manager or Department Head for the time off if scheduled during work hours. 3. Representation: ii. If the employee intends to have representation, the employee will notify the County and shall identify the representative. 4. Costs: i. Each Party shall bear its own costs for witnesses and all other out of pocket expenses, including attorney fees, investigation, preparing, presenting, or defending a Grievance. ii. The fees of the impartial hearing officer will be paid by the County. 7.7.7 General Procedure - Reformatted sections - added headers/sub sections and steps. Added language: Step 1 - Settle the Matter Informally An earnest effort will be made to settle the matter informally between the aggrieved employee and the employee's immediate supervisor and/or Department Head. If the grievance is not resolved informally, it shall proceed to step two (2) and will be reduced to writing by the employee who will submit it to the employee's Department Head, with a copy to the Human Resources Director or designee. Step 2 - Submit a Written Grievance to the Department Head i. The Department Head shall deny or sustain the Grievance, in writing, to the employee within seven (7)days following the meeting and shall provide a copy of the written reply to the Human Resources Director at the time it is provided to the employee. (Original re-worded.) Impartial Hearing Officer Role and Procedure: vi. At the conclusion of the hearing, the impartial hearing officer shall render a decision as to one of four outcomes: 1. Sustain the conclusions of the Department Head. 2. Modify the Discipline/Discharge issued by the Department Head. 3. Deny the conclusions of the Department Head and order additional or alternative remedials measures: 4. Recommend additional investigation prior to final determination. In cases where the hearing office recommends additional investigation, at the conclusion of the additional investigation, a second follow-up hearing shall be scheduled. Burden of Proof: Added language: The Employee bears the burden of proof by clear, convincing and satisfactory evidence that the County's decision to Discipline/Discharge the Employee was arbitrary and capricious. The employee has the burden of proof in a workplace safety grievance. If the Employee does not satisfy this burden of proof, the Impartial Hearing Officer shall deny the Grievance. Removed language: The County has the burden of proof in a discipline or termination grievance to show just cause for its action. The employee has the burden of proof in a workplace safety grievance. The standard required of the party with the burden of proof in all cases is a preponderance of the evidence. Added language: Step 4 - Right to Appeal to the County Board The employer or employee may appeal the hearing officer's decision, in writing, to the County Board within 14 days of the impartial hearing officer's written decision. The decision of the County Board shall be final and binding upon the parties. (New - addition of employer right to appeal.) iii. At the employer's or employee's expense (subject to whom is appealing), they must provide a copy of the notice of appeal, written grievance, and hearing officer's decision for each County Supervisor and two (2) copies for the County Clerk at the time the notice is filed. The employee or employer must also provide a copy of any transcript, exhibit, and written argument that he or she files for each County Supervisor and two (2) copies for the County Clerk. A minimum of twenty-one (21) copies is required. (Original - added employer). Level of Review: The County Board shall review the written decision of the Impartial Hearing Officer, the reasons for the appeal, and the reply. The role of the County Board, in reviewing the decision of the Impartial Hearing Officer, is to address the following questions: 1. Did the Impartial Hearing Officer follow a fair and impartial process? 2. Is there evidence of corruption, fraud, or misconduct by the Impartial Hearing Officer? 3. Did the Impartial Hearing Officer make an error of law which makes his/her award invalid? 4. Did the Impartial Hearing Officer make an error of fact which makes his/her award invalid? Board Meeting. The County Board Chair may enlist the assistance of the County Clerk or legal counsel provided by or through the Corporation Counsel, or both, in preparing the determination. The written decision shall contain: 1. A statement of the issues, 2. Findings, along with an explanation as to why any findings differ from the Impartial Hearing Officer; and 3. A remedy along with an explanation as to why any remedy differs from the remedy granted by the Impartial Hearing officer. As previously stated, the decision of the County Board shall be final and binding upon the parties. Neither the employer nor employee will have an additional option to appeal the decision after this step. Time Limits: If the employee does not file a written notice of appeal with the County Clerk within fourteen (14) days of the impartial hearing officer's decision, the request to appeal shall be dismissed. Removed language: The County Board may, by a simple majority of members present and voting, affirm, modify, or reverse the hearing officer's decision or remand the decision for further proceedings. { � -at the as+o��s-elea„ycFFOReeus. (Removed crossed out section.) 7.8 Concerns or Complaints Proposed Changes This updated policy replaces Article 12 Complaint Procedure in the current Handbook. General Updates: Formatting; Addition of definition section. 7.8.1 Policy - Added language b. public and department policy; or c. compliance with state, federal, or local law; or d. other perceived conflicts of interest. It is the desire of the County, when practicable, to address concerns informally, and both supervisors and employees are expected to make every effort to resolve problems as they arise. The filing of a concern or complaint does not substantiate allegations. Employees identified in a complaint are presumed innocent unless the allegations are substantiated in the complaint process. No adverse or disciplinary action will be taken when the conduct was justified or if the allegations are unsubstantiated. Any person accused in a report shall have the right to respond to the allegation. The County does not tolerate retaliation or harassment of an employee who shares a concern or complaint. Removed language a. the application of oral and written warnings. 7.8.7 Complaint Procedure - Added language: Additionally added "or designee" as option in steps. Step 1: Discuss with your Supervisor Initially, employees shall bring their concerns or complaints to their immediate supervisor, even if the complaint involves the employee's immediate supervisor. The employee shall schedule an appointment with their supervisor to discuss the problem that gave rise to the complaint within five (5) working days of the date the incident occurred. The immediate supervisor shall respond in writing and orally to the complaint within five (5) working days of the meeting held with the complainant employee. In instances where the employee does not feel they are able to approach their supervisor or their designee with the concern or complaint, they may skip to step 2, within five (5) working days of the date the incident occurred. Step 2: Submit Written Complaint to Department Head If the discussion with the immediate supervisor does not resolve the problem to the mutual satisfaction of the employee and the supervisor, or if the supervisor does not respond to the concern or complaint, the employee may submit a written complaint to the employee's Department Head or their designee. The submission of the written complaint is due within five (5) working days of the response from the immediate supervisor, or if no response is received, within five (5) days following their notification to the supervisor. The complaint should include: a) A description of the incident(s) or concern(s). b) Date(s) when the incident(s) or concerns(s) occurred. c) Suggestions on ways to resolve the matter. d) The date when the employee met with the immediate supervisor. e) A copy of the immediate supervisor's written response or a summary of his or her verbal response. f) If the supervisor provided no response, this shall be stated this in the written complaint. The Department Head or their designee shall schedule a meeting with the employee within five (5) working days of their receipt of the written notification to discuss the complaint. The employee's Department Head, or their designee, shall forward a copy of the complaint to the Human Resources Department upon receipt. Within five (5) working days after the discussion, the Department Head, or their designee, shall issue a decision both in writing and orally to the employee filing the complaint. A copy of the written decision shall be forwarded to the Human Resources Department Step 3: Appeal of the Decision to Human Resources If the employee is dissatisfied with the decision of the Department Head, or their designee, the employee may, within five (5) working days of the receipt of the decision, appeal the decision of the Department Head, or their designee, in writing to the Human Resources Department. The Human Resources Director or their designee shall meet with the employee, Department Head, and all interested parties within fifteen (15) working days of receipt of the written appeal of the Department Head's decision and attempt to reach a solution to the problem. The Human Resources Director or designee may also gather further information from involved parties and discuss complaints with Corporation Counsel and/or the County Administrator to assist with a proper resolution. The Human Resources Director or designee shall issue a decision or resolution within twenty (20)working days of receipt of the written appeal, both in writing and orally to the employee that filed the complaint and appeal, the immediate supervisor, and the Department Head. Step 4: Final Appeal of the Decision to the County Administrator If the employee is dissatisfied with the decision of the Human Resources Director or designee, the employee may, within five (5) working days of the receipt of the decision of the Human Resources Director or designee, appeal the decision in writing to the County Administrator. The County Administrator shall normally make a decision within seven (7) days of the appeal and notify the employee in writing of his/her decision. The decision of the County Administrator shall be final. Additional Guidance All involved individuals shall not discuss the situation with any other employees or with the complaining employee during the complaint review process. Information concerning a complaint shall be shared on a "need to know" basis. While efforts shall be made to maintain the confidentiality of each complaint, no guarantee of confidentiality can be assured by the Human Resources Division. If an employee fails to appeal from one level to the next level of this procedure within the time limits set forth above, the problem or complaint shall be considered settled on the basis of the last decision, and the problem shall not be subject to further consideration, unless a new event occurs. If the complaint at any time is deemed to be covered by a formal grievance procedure, it will be referred to the Human Resources Director to proceed accordingly under the formal grievance procedure. Removed language: The County has the burden of proof by a preponderance of the evidence to show just cause for its action in issuing a written warning. In a matter involving the interpretation or application of this Handbook, the employee has the burden by a preponderance of the evidence that a provision of this Handbook has been violated. Within thirty (30) calendar days of the time that the Human Resources Director receives the appeal request, the Administration Committee shall meet to review the employee Step 3 complaint. The Administration Committee may call all parties to the meeting and solicit testimony of those who would have information relating to the complaint. The Chair of the Administration Committee is authorized to administer oaths and affirmations, conduct the proceedings, and take the testimony of witnesses. The Committee is not bound by the strict rules of evidence, but shall exclude irrelevant, immaterial, or unduly repetitious evidence. Hearsay that is probative, trustworthy, and credible may be received into evidence and given such weight as the Committee deems appropriate. However, no factual finding may be made solely on the basis of hearsay evidence. The employee has the burden of proof to show violations regarding provisions in this Handbook, departmental policies, or otherwise. The Administration Committee has the authority to order a reasonable remedy. However, the Administration Committee may not add to, modify, or strike any provision in this Handbook. The Administration Committee shall normally make a decision within seven (7) days of the Step 3 complaint hearing before the Administration Committee. Only those employees that are affected by a decision or act may file a complaint. Employees having a common complaint may file a group complaint. Each affected employee shall be identified. The complaint shall be filed at the lowest step of the procedure involving a common level of supervision. Employees must choose one representative. Chapter 3 - Employee Benefits Policy Proposed Changes Current policy of the same title is located in Article 10 of the Human Resources Policies and Procedures Handbook • Chapter 3-Definition: Added ACA related definitions • 3.1.1 Eligibility o Added Designation of Employees section in relation to ACA (3.1.1.1) o Updated Hours Requirement section to clarify the difference in Employee Designations (3.1.1.2) o Added Tracking of Hours of Service Section (3.1.1.3) o Added Application of Look-Back Measurement Method (3.1.1.4) • 3.1.1.5 Effective Date o Added effective date language regarding employees who are designated as benefit eligible based on the Measurement Period • 3.1.2.1 Initial Enrollment o Added enrollment language regarding employees who are designated as benefit eligible based on the Measurement Period • 3.2.1 Health, Dental, and Vision Insurance Overview o Updated language regarding dental being self-funded • 3.4.1.1 Healthcare FSA o Updated language regarding maximum election. 8.1- Incident Reporting - New Policy Created to add expectations/clarifications on Incident Reporting. 8.7 -Conceal Carry - New Policy Created to add expectations/clarifications surrounding Conceal Carry policies in the workplace. 8.10 Workplace Violence Policy Proposed Changes This updated policy replaces Article 19 Workplace Violence in the current Handbook. General Updates: Formatting 8.10.1 Policy Statement - Simplified statement; intent still the same; Language from the previous Inclusionary Statement moved to this section; Added language that those engaging in violent behavior may also be personally subject to other civil or criminal liabilities. 8.10.3 Definitions -Added section with definition of workplace violence. 8.10.4 Examples of Threats or Violence - New section. Examples pulled from Dunn and Chippewa County's Workplace Violence policies. 8.10.5 Reporting Workplace Violence - New section created to provide detailed information on what actions should take place should an instance occur. 8.10.6 Confidentiality and Retaliation - New section. Majority of language is pulled from current policy; Anti-retaliation statement added. Resolution No. 5 (2022) o T �z wl, � NTY RESOLUTION ADOPTING UPDATED PERSONNEL POLICIES mum ,'�r f��a;�Jaw�a� 1 WHEREAS, on September 2, 2014 St. Croix County adopted the current version of the 2 St. Croix County Personnel Policies and Procedures Handbook; and 3 4 WHEREAS, the handbook was further amended in 2015-2021; and 5 6 WHEREAS, the Staff Advisory Committee and Department Heads have been provided 7 copies of the updated policies for review; and 8 9 WHEREAS, on January 18, 2022 the Administration Committee has reviewed the 10 amendments and recommends approval to the St. Croix County Board of Supervisors. 11 12 NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of 13 Supervisors that the St. Croix County Personnel Policies and Procedures Handbook is hereby 14 amended as follows: 15 16 Create Section 7.1 Employee Conduct and Work Rules 17 18 Create Section 7.3 Right to Know 19 20 Create Section 7.6 Corrective and Disciplinary Action 21 22 Create Section 7.7 Grievance Policy and Procedure 23 24 Create Section 7.8 Concerns or Complaints 25 26 Create Chapter 3 Employee Benefits 27 28 Create Section 8.1 Incident Reporting 29 30 Create Section 8.7 Conceal-Carry 31 32 Create Section 8.10 Workplace Violence 33 T ROm]X-,, Resolution No. 5 (2022) , � NTY RESOLUTION ADOPTING UPDATED PERSONNEL POLICIES mu ,'�r erg a;�Jaw�a� Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: Adoption of these policies have no direct fiscal impact. eott .Cox,Corporation Co&W 113/2022 06K n an, Finance Dir or 1/13/2022 �� u y , dmirrtr r 1/13/2022 01/18/22 Administration Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Bob Long, Chair SECONDER: David Peterson, Supervisor AYES: Bob Long, Carah Koch, David Peterson, William Peavey EXCUSED: Scottie Ard Vote Confirmation. 3/ob Long Administration,Chair��� 11/19/2022 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ................. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Cathy Leaf, Supervisor SECONDER: Daniel Hansen, Supervisor AYES: Schachtner, Anderson, Long, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness, Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Tomtschik, Peavey This Resolution was Adopted as Amended by the St. Croix County Board of Supervisors on February 1, 2022 Cindy Campbell, County Clerk