HomeMy WebLinkAboutResolution 2022 (16) Resolution No. 16 (2022)
ST RO UNTY RESOLUTION UPDATING PERSONNEL POLICIES
COVER MEMO
TO: County Board of Supervisors
FROM: Ken Witt, County Administrator
DATE: March 1, 2022
AGENDA ITEM: Resolution Updating Personnel Policies
BACKGROUND INFORMATION
Paid Time Off and Long-Term Sick Bank Policy Proposed Changes
Replaces 2.4 Paid Time Off and Long-Term Sick Bank policy previously updated in 2018
• 2.4.3 - Definitions: Removed hour average from definition of FT and PT employment
status.
• 2.4.4 - Usage: Clarified that LTSB hours may be used for any FMLA qualifying event.
Previously it was only allowed for the employees own personal use.
Clarified that the employee must update their timesheet to reflect LTSB hours once
eligible. Previously the policy implied that the hours would automatically update to LTSB
once the employee qualified.
Added Exception statement regarding use of PTO and LTSB hours per WI FMLA
standards: "Exceptions will be made for employees on approved Wisconsin FMLA
and/or receiving Short-Term Disability payments."
Added Language: Law Enforcement Employees subject to the WPPA Union Contract
should also refer to contract language in regard to usage of PTO, LTSB, and
Compensatory time.
• 2.4.7 -Accumulation Limits: Updated that excess PTO hours will roll into LTSB at least
once per year. Previously it said "at the end of the year" which created confusion when
the rollover took place before 12/31.
• 2.4.9 - Termination in Good Standing: Added total hours that part-time employees are
paid out vs. full-time only.
Harassment and Discrimination Policy Proposed Changes
Replaces the "Harassment" policy in Article 20 of the Human Resources Policies and
Procedures Handbook
• Overall Updates: Formatting of policy; Added discrimination language and guidelines to
policy as well; language within the policy has been updated, but the intent behind the
policy remains.
• 6.7.1 - Policy:
Added Language: St. Croix county considers harassment, discrimination, and
retaliation of others to constitute serious employee misconduct warranting prompt and
effective remedial action to end the harassing or discriminatory behavior.
It is the responsibility of all employees of the County to take reasonable and necessary
action to prevent harassment, discrimination, and retaliation, and it is the responsibility
of all employees to promptly report and cooperate with the County's efforts to eradicate
conduct that could be in violation of this policy.
Where impermissible harassment, discrimination, or retaliation has occurred, the
County will take appropriate disciplinary action, including, without limitation, termination.
Removed Language: The most productive and satisfying work environment is one in
which work is accomplished in a spirit of mutual trust and respect. Harassment of
employees damages that work environment. Harassment is offensive, weakens morale,
undermines the integrity of employment relationships and negatively impacts the
productivity and stability of an organization. Harassment is a form of discrimination.
Harassment on any of the above bases is also illegal under Wisconsin Statutes
Sections 111.31-111.39. Retaliation is also illegal under Wisconsin Statutes Section
111.322(2m).
This policy will be issued to all current employees and to new employees during
orientation.
• 6.7.2 - Purpose: Created purpose statement
• 6.7.3 - Definitions: Added definition of Discrimination; Updated verbiage in Harassment
and Sexual Harassment definitions.
Discrimination: Unfair or unequal treatment of a person based on race, sex, religion,
national origin, color, disability, gender, sexual orientation, age, disability, marital status,
veteran status, English proficiency or other protected status under the law.
6.7.4 - Examples of Harassment, Sexual Harassment, and Discrimination:
Combined examples listed throughout the previous policy into one section. Condensed
examples that felt repetitive.
6.7.5 - Prohibited Conduct: Created section by moving language from other areas
within the current policy that would be considered prohibited.
Added Language: No employee will engage in activity such as sabotage, ostracism,
badgering, withholding resources, disrespectful, or disruptive treatment, defamation, or
conduct that is intimidating or is hostile, whether this conduct is of a sexual nature or
not. No employee will engage in conduct identified or defined as prohibited sexual
harassment, harassment, discrimination, retaliation, or other inappropriate behavior.
6.7.6 Retaliation: Created separate retaliation section. Previously there was a one line
statement regarding retaliation.
Added Language: If any employee believes they have been retaliated against for
bringing a complaint or providing information related to a complaint, St. Croix County
requires prompt compliance with and use of the reporting procedures within this policy.
Retaliation is a form of employee misconduct. Any evidence of retaliation will be
considered a separate violation of this policy and will be handled by the same complaint
procedure established for harassment and discrimination complaints. It is the
responsibility of all County employees to ensure that retaliation does not occur.
• 6.7.7 Employee Responsibilities: New section.
Added Language: All employees are responsible for complying with this policy and
assisting in the prevention of sexual harassment and other harassment and
discrimination by:
• Refraining from conduct forbidden by this policy, including participating in or
encouraging of action that could be perceived as harassment, discrimination,
retaliation or conduct in violation of this policy.
• Behaving courteously and professionally toward fellow employees.
• Reading this policy and fully understanding its requirements.
• Immediately and thoroughly reporting observed acts of sexual harassment and
other harassment and discrimination.
• Encouraging any employee who confides that they are being harassed or
discriminated against to report these acts to a supervisor through the reporting
process.
• Cooperating in any investigation conducted under this policy by providing
accurate and complete information about any incidents with which they are
familiar.
• 6.7.8 Supervisor Responsibilities: New section.
Added Language: In addition to employee responsibilities as outlined in 6.7.7,
supervisors are also responsible for:
• Advising employees on the types of behavior prohibited and the County's
procedures for reporting and resolving complaints of harassment and
discrimination.
• `Monitoring the work environment for signs that harassment and discrimination
may be occurring.
• Stopping any observed acts that may be considered harassment and
discrimination and taking appropriate steps to intervene.
• Utilizing all reasonable means to prevent a prohibited act from occurring when
the supervisor knows or should know that an employee will or may perform such
an activity.
• Taking immediate action to prevent adverse action or retaliation toward the
complaining party and to eliminate the hostile work environment where there has
been a complaint.
• Assist any employee who comes to them with a complaint of sexual harassment
or other harassment, discrimination, or retaliation in documenting and filing the
complaint with the Human Resources Department.
• No supervisor will make any employment decision that affects the terms,
conditions, or privileges of an individual's employment based on that person's
race, sex, religion, national origin, color, gender, sexual orientation, age,
disability, marital status, veteran status or other protected status.
• 6.7.9 Reporting and Investigation Procedure: Updated section to provide process
steps for the employee and supervisor.
Added Language: Employees who believe they are subject of such conduct are
encouraged to promptly advise the offender that their behavior is unwelcome, and that
the behavior should stop. Should the victim prefer to pursue the matter through formal
complaint procedures, the employee is encouraged to document all incidents of
harassment and discrimination, and promptly report the acts consistent with the
requirements of this policy.
The supervisor who receives the complaint will meet with the employee and document
the facts surrounding the incident including:
• The inappropriate conduct performed.
• The person(s) performing or participating in the harassment and/or
discrimination.
• Any witnesses to the incident(s).
• Dates and times in which the incident(s) occurred.
If the situation requires separation of the complainant and the alleged harasser, then
care should be taken to avoid action that punishes or appears to punish the complainant.
Transfer or reassignment of any of the parties involved should be voluntary if possible
and, if non-voluntary, should be temporary pending the outcome of the investigation.
A file of harassment and discrimination complaints will be maintained. In all cases, the
County will make follow-up inquiries to make sure the harassment has stopped. If an
employee is not satisfied with the results of the investigation or follow-up action, or if
further harassment or other unacceptable conduct occurs, the employee should contact
their supervisor promptly.
This policy does not preclude any employee from filing a complaint or grievance with an
appropriate outside agency.
• 6.7.10 Remedial Action: New Section
Added Language: Examples of remedial action may include but is not limited to:
• Training.
• Referral to Counseling or EAP services.
• Reassignment.
• Suspension without pay.
• Termination.
If an individual involved in a complaint does not agree with the resolution, they may
appeal to the Human Resources Director.
False or malicious complaints of harassment, discrimination, or retaliation may be
subject of appropriate disciplinary action.
• 6.7.11 Policy Enforcement: New Section
Added Language: The County is committed to enforcement of this policy. All
employees, and others, are expected to conduct themselves in a manner consistent with
this policy. Employees who are found to have violated this policy will be subject to the
full range of sanctions, up to and including termination of employment. Others who are
found to have violated this policy will also be handled appropriately, i.e., termination of
business relationship.
Workplace Bullying Policy Proposed Changes
Replaces the "Workplace Bullying" policy in Article 21 of the Human Resources Policiesand
Procedures Handbook
• Overall Updates: Formatting of policy; language within the policy has been
updated, but theintent behind the policy remains.
• 6.8.1 - Policy: Statement added.
• 6.8.3 - Definitions:
• New definition of bullying: Repeated, malicious, unwelcome, severe and
pervasive mistreatment that harms, intimidates, offends, degrades or
humiliates an employee,whether verbal, physical or otherwise, at the place
of work and/or in the course of employment.
• Previous definition of bullying: repeated inappropriate behavior, either
direct or indirect, whether verbal, physical or otherwise, conducted by one
or more persons against another or others, at the place of work and/or in
the course of employment.
• 6.8.4 - Examples of Bullying:
Removed Language: Bullying may be intentional or unintentional. However, it must be
noted that when an allegation of bullying is made, the intention of the alleged bully is
irrelevant, and will not be given consideration when meting out discipline. As in sexual
harassment, it is the effect of the behavior on theindividual that is important. The County
considers the following types of behavior examples of bullying:
1. Verbal bullying: Slandering, ridiculing or maligning a person or his or her family;
persistent namecalling that is hurtful, insulting or humiliating; using a person as butt of
jokes; abusive and offensive remarks.
2. Physical bullying: Pushing, shoving, kicking, poking, tripping, assault or threat of
physical assault,damage to a person's work area or property.
3. Gesture bullying: Nonverbal threatening gestures; glances that can convey threatening
messages.
4. Exclusion: Socially or physically excluding or disregarding a person in work-related
activities.
• Spreading rumors and gossip regarding individuals
• Encouraging others to disregard a supervisor's instructions
• Taking credit for another person's ideas
• Refusing reasonable requests for leave in the absence of work related
reasons not to grant leave.
Added Language: Added statement that the list of examples is not exhaustive.
• Encouragement of others to turn against a targeted employee
The County does not consider the following behaviors as bullying:
• Reasonable management practices, including performance management and
disciplinary procedures.
• A direction to carry out reasonable duties and instructions.
• A direction to comply with St. Croix County's policies, procedures, or department
work rules.
• 6.8.5 - Reporting Procedure: Updated from Reporting and Investigation
Procedure to Reporting Procedure.
Added Language:Added statement that reports may be submitted either verbally or in writing
to thedepartment head or human resources department.
Removed Language: Removed paragraph regarding the investigation. All reports will be
reviewed and investigated per the Concerns/Complaints policy.
"Upon receipt of a report of bullying behavior, a confidential and impartial investigation will be
commenced immediately by the Department Head. The Department Head should contact the
Human Resources Director for assistance in investigating and resolving the situation. It will
include direct interviews with parties directly involved and, when necessary, with employees
who may be witnesses or have knowledge of matters relating to the report. The parties directly
involved will be notified of thefindings and their options. The Department Head will implement
corrective action immediately at the conclusion of the investigation if corrective action is
indicated. The investigation will be kept confidential to the extent allowed by law."
Additional Removed Language: Already implied in the policy statement: Section 4
Responsibilities Under this Policy. The County is committed to enforcement of this policy. All
employees, and others, areexpected to conduct themselves in a manner consistent with this
policy. Employees who are found to have violated this policy will be subject to the full range of
sanctions, up to and including termination of his/her employment. Others who are found to have
violated this policy will also be dealt with appropriately, i.e., termination of business relationship.
7.8 Concerns or Complaints Policy
Removed Language: All involved individuals shall not discuss the situation with any other
employees or with the complaining employee during the complaint review process.
Resolution No. 16 (2022)
ST RO LINTY RESOLUTION UPDATING PERSONNEL POLICIES
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 2015-2022; 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 February 15, 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 2.4 Paid Time off and Long-Term Sick Bank
17
18 Create Section 6.7 Harassment and Discrimination
19
20 Create Section 6.8 Workplace Bullying
21
22 Create Section 7.8 Concerns or Complaints
Le-gal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: None
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.............
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02/15/22 Administration Committee RECOMMENDED
....................................................................................................................................................................................................................................................................................................................................
RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Bob Long, Chair
SECONDER: David Peterson, Supervisor
AYES: Long, Koch, Ard, Peterson, Peavey
Vote Confirmation.
To—bLong Adrninist,,afidn,Chair i r 2/22/2022
St Croix County Board of Supervisors Action:
Roll Call -Vote Requirement—
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scottie Ard, Supervisor
SECONDER: Bob Long, Supervisor
AYES: Schachtner, Anderson, Long, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness,
Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Peavey
ABSENT: District 18 Vacant
This Resolution was Adopted by the St. Croix County Board of Supervisors on March 1, 2022
Cindy Campbell, County Clerk