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Resolution 2014 (34)
Resolution No. 34 (2014) RESOLUTION AMENDING THE HUMAN RESOURCES POLICIES AND PROCEDURES HANDBOOK 1 WHEREAS, the Administration Committee, the Human Resources Department, 2 Corporation Counsel, and the Staff Advisory Committee have reviewed the Human Resources 3 Policies and Procedures Handbook (Handbook); and 4 5 WHEREAS, the Administration Committee has recommended changes throughout the 6 Handbook to clarify roles, responsibility, and authority of the County Administrator; and 7 8 WHEREAS, the Staff Advisory Committee has recommended changes throughout the 9 Handbook to address employee concerns and issues; and 10 11 WHEREAS, the Human Resources Department and Corporation Counsel have 12 recommended changes throughout the Handbook to included necessary updated language, some 13 housekeeping items, and additional changes as identified. 14 15 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the 16 comprehensively revised Human Resources Policies and Procedures Handbook is approved as 17 attached hereto. Le-gal- Fiscal- Administrative Approvals: Legal Note: none Fiscal Impact: There will be a financial impact to these changes specifically regarding overtime and compensation. The specific amount is difficult to estimate at this time but will be incorporated into the 2015 budget. %nEw t ~%(ittet x, on 12014 Robert Minek Aa+sta,t Finance DireCtDr 812512014 P tar 812512014 08/27/14 Administration Committee APPROVED RESULT: APPROVED [UNANIMOUS] AYES: Schachtner, Sjoberg, Berke, Kiesler, Achterhof Vote Confirmation. St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement - Majority of Supervisors Present RESULT: ADOPTED [UNANIMOUS] MOVER: Travis Schachtner, Supervisor SECONDER: Jill Ann Berke, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Stephen Nielsen, Scott Nelson, Jill Ann Berke, Dave Ostness, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Chris Kilber This Resolution was Adopted by the St. Croix County Board of Supervisors on September 2, 2014 Cindy Campbell, County Clerk ARTICLE I OBJECTIVES AND SCOPE Section 1 Authority. The Human Resources Policies and Procedures Handbook (hereinafter this "Handbook") is promulgated under the authority of Wisconsin Statute 59.22 (2)(c)l.c. Section 2 Definitions. 1) "Days" means calendar days unless otherwise provided in this Handbook. 2) Employee Group" means a group of County employees that are represented by an Employee Group Representative as herein defined and are not represented through collective bargaining. 3) "Employee Group Representative" means an individual or organization that represents those employees within the Employee Group who choose to so organize themselves. All employees within an Employee Group shall have the right, without interference, restraint, coercion or domination, of self-organization and to form, join or assist in the creation and maintenance of the relationship with the Employee Group Representative. The Employee Group Representative is not a labor organization and does not collectively bargain. Subject to the applicable provisions of this Article of the Handbook, the Employee Group Representative acts for the purpose of effectively communicating with the other Interested Stakeholders regarding the adoption, amendment or termination of the provisions contained in this Handbook as it relates to his, her or its respective Employee Group. All employees within an Employee Group retain the right to refrain from or not abide by any and all positions proposed by their Employee Group Representative, including the expectation of receiving any aid, assistance or representation that the Employee Group Representative provides to his, her or its members. Each Employee Group Representative shall annually, on or before the first day of May, provide the Human Resources Director with a list of those employees included in his, her or its respective Employee Group. 4) "Handbook" means the Human Resources Policies and Procedures Handbook of St. Croix County, as amended. 5) "Interested Stakeholders" means the County Administrator, the Human Resources Director, the Corporation Counsel, Department Heads, the Staff Advisory Committee, and the Employee Groups and their Representative(s). Section 3 Purposes. The purposes of this Handbook shall be to: 1) Establish a clear understanding of responsibilities in the establishment and maintenance of a personnel program for St. Croix County (hereinafter "County"). 2) Establish a uniform system of policies, procedures, and practices to recruit, select, develop and maintain an effective and responsive workforce for the County. This Handbook shall be based on the following objectives: a) To recruit, select and advance employees on the basis of their relative knowledge, skills and abilities. b) To provide internally equitable and externally competitive compensation for all employees. 1-1 Draft Date: 8/27/2014 c) To recognize good job performance, reward exceptional performance and correct inadequate performance in a fair and timely manner. d) To assure fair treatment of all applicants and employees in all aspects of human resources administration without regard to political affiliation or beliefs, race, color, national origin or ancestry, sex, age, religion, disability, sexual identity and orientation, genetic information, or any other cause for discrimination as defined by law, and with proper regard for their rights as citizens. e) To protect employees against coercive political activities and to prohibit the use of official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. 3) Provide a system of standardized titles and standardized class descriptions for the effective administration of human resources activities such as: manpower planning and budgeting, standards of job performance, fair and equitable pay, valid selection and recruitment programs, training programs and career development. 4) Provide a system to recruit and select the most qualified persons for positions in County service. Recruitment and selection shall be conducted in an affirmative manner to ensure open competition, provide equal employment opportunity, prohibit discrimination because of race, political affiliation or beliefs, religion, sex, national origin or ancestry, age, disability, sexual identity and orientation, genetic information, or any other cause for discriminating as defined by law, to ensure that persons of disadvantaged groups are fairly represented in the County workforce. 5) Provide an effective career development plan for qualified employees through promotional opportunities in an environment free of discrimination. Section 4 Scope. This Handbook shall govern personnel administration for all employees and departments of the County except: 1) County Board Supervisors; 2) Elected Officials; 3) members of boards, commissions, and committees (including citizens) appointed by the County Administrator or County Board; 4) persons employed to conduct temporary and special inquiry, investigation or examination on behalf of the County Board, a committee thereof, or the County Administrator; 5) persons employed by employment services agreements or purchase of service contracts, unless expressly included in said contract or agreement; 6) all matters concerning deputy sheriffs arising under Section 59.26(8)(b), Wis. Stats., which shall be handled by the Administration Committee in accordance with such statute. This Handbook shall not be interpreted as infringing upon the Constitutional powers of Elected Officials. Section 5 Elected Officials. For purposes of this Handbook, it is the expectation of the County that Elected Officials will apply the rules and procedures contained in this Handbook to the employees in his/her department, like any other department, i.e. discipline, FMLA, PTO, overtime, travel reimbursement, etc. In that capacity the Elected Official functions like a Department Head. 1-2 Draft Date: 8/27/2014 Section 6 Collective Bargaining Agreements. This Handbook applies to employees not covered by collective bargaining agreements (non-represented) and to employees who are so covered when their applicable specific contract is silent on a particular issue, or otherwise does not apply to the contrary. Section 7 Human Resources Section of the Administrative Policies and Procedures Manual. The Human Resources Department may develop a standard set of policies and procedures to administer the personnel system based upon the policies established in this Handbook. These policies and procedures shall be a part of the County's Administrative Policies and Procedures Manual. The Human Resources Section as well as the rest of the County's Administrative Policies and Procedures Manual shall be subject to periodic review and approval by the Administration Committee. Section 8 Department Work Rules. Nothing herein shall preclude a Department Head from promulgating Department Work Rules covering topics not covered by this Handbook or the Human Resources Section of the County's Administrative Policies and Procedures Manual. Work rules so promulgated must not be inconsistent with this Handbook nor with the Human Resources Section. Section 9 Non-elected Department Heads. Non-elected Department Heads are at will employees and may be removed at the discretion of the County Administrator with the expectation that such removal shall be reviewed by the Administration Committee at its next scheduled meeting or upon the calling of a special meeting. Removal of the Corporation Counsel by the County Administrator requires the concurrence of the County Board. Subject to confirmation by the County Board the County Administrator shall be the appointing authority for non-elected Department Heads. Section 10 Amendments. 1) Procedure. This Handbook may be amended in accordance with the provisions of this Section, and shall be subject to review and approval by the Administration Committee and the County Board. 2) Notice. The County Administrator shall provide fifteen (15) days advanced written notice to Interested Stakeholders of any proposed revision to the Handbook prior to submission to the Administration Committee. 3) Annual Review and Amendment. a) At least annually, the County Administrator shall seek policy guidance from the Administration Committee regarding any adoption, amendment or termination of provisions in this Handbook. b) At least annually, and more frequently if requested, the County Administrator shall provide notice to and meet with Interested Stakeholders to comprehensively review, discuss and obtain input concerning proposed changes to the Handbook. Interested Stakeholders shall be given the opportunity to provide verbal and written input. c) After receiving input from the Interested Stakeholders, the County Administrator shall prepare a draft resolution containing any proposed revisions and shall share the 1-3 Draft Date: 8/27/2014 draft with the Administration Committee and Interested Stakeholders. Employee Represented Groups may also prepare a draft resolution containing any proposed revisions and may share the draft with the County Administrator and the Administration Committee. d) Upon request, the Administration Committee may meet with Interested Stakeholders to discuss the draft revisions. e) At the conclusion of steps (a - d), the Administration Committee may recommend approval of a Resolution to County Board for adoption incorporating changes to this Handbook. The County Board may adopt, adopt with amendments or reject the proposed changes to this Handbook. 4) Exceptions. a) The County Administrator may make individual, temporary or situation-specific exceptions to Handbook provisions after notice to, and, if requested, meeting with Interested Stakeholders. b) Exceptions to the Handbook provisions shall be documented by the County Administrator. c) Upon request by an affected employee, individual exceptions may be subject to the complaint procedures as set forth in this Handbook. Section 11 Management Rights. The management of the County and the direction of the workforce is vested exclusively in the County, including but not limited to the right to: 1) Hire, promote, demote, suspend, discipline, and discharge; 2) Decide job qualifications for hiring; 3) Transfer or layoff because of lack of work, discontinuance of services, or other legitimate reasons; 4) Subcontract for economic reasons or when it is not feasible for county employees to perform the work; 5) Abolish or create positions; 6) Create job descriptions and determine the composition thereof, 7) Plan and schedule work; 8) Determine the methods and processes and manner of performing work; 9) Determine the type, kind and quality of service to be rendered to client and citizens; 10) Determine the location, operation and type of physical structures, facilities, equipment of the county; 11) Plan and schedule any training programs; 12) Create, promulgate and enforce reasonable work rules; 13) Determine and enforce regulations governing conduct and safety; and 14) Determine what constitutes good and efficient county service, and all other functions of management and direction. The County shall have the right to operate and manage its affairs in all respects in accordance with its rights, duties, and responsibilities. Section 12 Responsibilities and Authority. 1-4 Draft Date: 8/27/2014 1) County Board. The County Board shall: a) Approve requests for personnel adjustments; b) Review and approve this Handbook and amendments; c) Confirm Department Head appointments made by the County Administrator; d) Delegate such duties to the Administration Committee as necessary; e) Hear grievance appeals brought under Article 11; and f) As part of its annual County Budget process, review and adjust the Pay Grid as it deems appropriate to promote employee confidence in the fairness of the Pay Grid. 2) Administration Committee. The Administration Committee shall: a) Advise the County Administrator on matters concerning implementation of this Handbook; b) Review proposed Handbook amendments as developed and recommended by the Human Resources Director in consultation with the Staff Advisory Committee and make recommendations to the County Board for consideration and legislative action; c) With the assistance of the Human Resources Director review and make recommendations to the County Board for any adjustments to be made to the Pay Grid; d) Review Staff Advisory Committee recommendations and delegate duties as necessary; e) Hear complaint appeals brought under Article 12; and f) Perform other related duties as assigned to it by the County Board. 3) Standing Committees and HHS Board. Each Standing Committee and the HHS Board shall: a) Review all appointments made by the County Administrator (non-elected Department Heads) and make recommendations to the County Board as appropriate 4) County Administrator. Except as prohibited by State and Federal law, the County Administrator shall: a) Remove Department Heads, with the expectation that such removal shall be reviewed by the Administration Committee at its next scheduled meeting or upon the calling of a special meeting; b) Advise the Standing Committee/HHS Board of the final interview schedule of the best-qualified applicants. The Standing Committee/HHS Board may participate in the scheduled interviews; c) Submit terms of employment for Non-elected Department Heads to the Standing Committee/HHS Board for review before submission to the County Board; d) Review any proposed amendments to this Handbook prior to submittal to the Administration Committee and the County Board; e) Apply appropriate disciplinary actions as defined in Article 11 and Article 12; and f) Approve new positions, re-grades, and upgrades of existing positions, subject to Administration Committee confirmation and for new positions also confirmation by the County Board 5) Human Resources Director. The Human Resources Director, under the authority of the County Administrator, shall: a) Administer this Handbook as adopted from time to time by the County Board; b) Establish, maintain and coordinate personnel transactions and records management for all County employees and positions; 1-5 Draft Date: 8/27/2014 c) Establish and maintain a central personnel file for each County employee showing name, title, salary, change in status, annual performance rating and such pertinent information as may be necessary for effective personnel administration and for compliance with federal and state laws; d) Advise and assist Department Heads on all County personnel transactions and records management systems and procedures; e) Notify Finance Department of all relevant changes; f) Review appointments and removal of personnel to County positions pursuant to Articles 4 and 13; g) Maintain complete employment and performance records of all County employees; h) Establish and maintain a roster of all employees in the County service which shall include the class title, pay status, and other pertinent data; i) Make such reports and investigations to the County Administrator, Administration Committee and the County Board as required; j) Develop and maintain the Classification Plan as described in Article 3; k) Develop and administer the recruitment and selection program as described in Article 4; 1) Establish and maintain lists of persons eligible and qualified for appointment and promotion to positions within the County service when, in the judgment of the Human Resources Director, it is advantageous to the County; m) Recommend adjustments to the Pay Grid in order to promote employee confidence in the fairness of the Pay Grid; n) Monitor temporary and overtime assignments; o) Approve and monitor layoffs due to lack of funds, work, or the abolition of positions or material changes in duties and organization, encourage the re-employment of laid off employees in other appropriate County positions; p) Develop, operate and coordinate programs to improve employee effectiveness, training and career counseling; q) Establish an Affirmative Action Program designed to increase the participation at all levels of the County workforce persons of disadvantaged groups, including, but not limited to women, minorities and the physically and mentally handicapped under Article 2; r) Establish standards and procedures to ensure uniformity in the application of discipline and the processing of employee grievances and complaints; s) Conduct grievance hearings and complaint hearings as may be necessary under Article 11 and Article 12, and supervise and administer such hearing findings as may be appropriate; t) Prepare and implement such forms, reports and procedures necessary to carry out the County human resources functions; u) Disseminate information regarding the personnel program, fringe benefits and conditions of employment to all employees and departments; v) Lead the County's negotiations with labor representatives, unless otherwise delegated by the County Board; w) Investigate unemployment compensation claims and represent the County at unemployment compensation hearings; x) Develop such regulations as necessary to carry out the intent of this Handbook; 1-6 Draft Date: 8/27/2014 y) Develop and maintain County-wide training programs within budgetary limitations; and z) Insure the Department Work Rules are fairly designed and administered 6) Department Heads. Department Heads shall: a) Enforce this Handbook, and the Human Resource Section of the County's Administrative Policies and Procedures Manual in their respective departments; b) Adopt such additional department work rules as required by law and/or necessary for the operations of the department subject to approval of the Human Resources Director; c) Initiate and process personnel transactions affecting their employees using forms provided by the Human Resources Director; d) Maintain an employee service record for each employee; e) Notify the Human Resources Director of all changes in permanent personnel records including change of address, insurance coverage and other relevant information; f) Keep employees informed of current personnel policies; g) Follow and perform Article 11 Grievance Procedures and Article 12 Complaint Procedures; h) Appoint and remove employees to positions subject to Article 4 and Article 13, and consistent with applicable Wisconsin State Statutes and inform Standing Committee/HHS Board of said appointments; i) In collaboration with the Human Resources Director, develop employee orientation and in service training programs; j) Administer disciplines and delegate such authority to supervisory personnel as appropriate under this Handbook; k) Conduct performance reviews of all immediate subordinate employees annually; and 1) Obtain prior approval of the County Administrator when taking PTO days, or when traveling out of the County on County business and unavailable. (This provision does not apply to Elected Officials.) The request should include a designated department contact person, as well as a phone number where the Department Head can be reached (if possible). 7) Supervisory Personnel. To the extent Department Heads delegate authority to them, supervisors shall: a) Interview and recommend applicants for appointments to and removal from subordinate positions; b) Implement this Handbook, the Human Resources Section of the County's Administrative Policies and Procedures Manual and department work rules in their unit; c) Conduct performance reviews of all immediate subordinate employees; d) Administer discipline to employees as necessary; and e) Conduct first step grievance hearings in the absence of the Department Head and adjust such grievances as may be appropriate. 8) Staff Advisory Committee. The Staff Advisory Committee shall: a) Perform duties as directed by the Administration Committee; b) Review this Handbook and make recommendations for changes to Human Resources Director; and 1-7 Draft Date: 8/27/2014 c) Review and make recommendations to Human Resources Director concerning compensation system. 9) Employees. It is the responsibility of all County employees to read this Handbook and abide by the policies included herein. County employees may also be bound by specific Departmental Work Rules, Wisconsin State Statutes, or state and/or federal law. It is incumbent upon all employees to seek interpretation of any portion of this Handbook which they do not understand. 1-8 Draft Date: 8/27/2014 ARTICLE 2 AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYMENT Section 1 Equal Opportunity Employment Polio Equal employment opportunities are assured in the County system with the County Board committed to the policy of non-discrimination against any person on the basis of race, creed, color, national origin, age, sex, arrest/conviction record, sexual preference, ancestry, marital status, or disability, except where such requirements have been demonstrated to constitute a bona fide occupational qualification or a business necessity. The policy is assured by: 1) recruiting, hiring, and promoting for all positions at every level of County staffing without regard to the aforementioned non-merit factors (and exceptions as noted); 2) basing all employment decisions so as to further the principle of equal employment opportunity; 3) providing reasonable accommodation to applicants and employees to assure equal employment opportunities for the disabled; 4) insuring that promotion decisions are in accordance with principles of equal opportunity employment by imposing only valid requirements as criteria; 5) insuring that all other personnel actions and services such as compensation, employee benefits, transfers, layoffs, returns from layoffs, county-sponsored training, and education are administered without regard to the aforementioned non-merit factors; and 6) complying with the applicable state and federal laws and regulations pertaining to equal employment opportunities. Section 2 Affirmative Action Philosophy. In recognition of legal and moral obligations, it is the policy of the County to provide equal employment opportunities to all persons, regardless of race, color, sex, creed, national origin, age, sexual preference, arrest/conviction record, ancestry, marital status or handicap. Further, the County does not ascribe to unsubstantiated honesty testing. All personnel action related to, but not limited to recruitment, hiring, transfer, promotion, training, compensation, other benefits, layoff, and termination are administered without regard to the aforementioned factors, with the exception of actions where such requirements constitute a bona fide occupational qualification or business necessity. Section 3 Reasonable Accommodation. The County is committed to the practice and philosophy of reasonable accommodation to assure equal opportunities in recruitment, selection, and promotion. In compliance with the Americans with Disabilities Act and per Section 504 of the Rehabilitation Act of 1973, Federal Revenue Sharing Regulations, such "reasonable accommodation" may include, but is not limited to the provision of interpreters for limited- English-speaking applicants, interpreters of sign language, special assistance and/or adaptive aids for the visually impaired, access to TTY, and the restructuring and adapting of testing materials, work materials, and offices to provide employment opportunities for the disabled. To assure compliance with these acts and aid in efforts to make the general public aware of the County's policies and procedures, the EEO/AA Statement is prominently displayed within the workplace, officially posted in the Administration Department. Copies of the statement are available upon request from the Human Resources Department. 2-1 Draft Date: 08/27/2014 Section 4 Affirmative Action Policy Statement. It is the official policy of the County to provide equal employment opportunities for all qualified and qualifiable persons without regard to race, color, religious or political affiliation, sex, age, disability, sexual preference, arrest/conviction record, marital status, national origin, ancestry, or any other non-merit factors except where age, sex, or physical requirements constitute a bona fide occupational qualification or when business necessity is present. This policy is applicable to all phases of employment, including but not limited to job placement procedures, testing, training, layoff and recall, disciplinary action, termination, and all other personnel procedures. In short, all employment decisions will be made in accordance with the principles of equal employment opportunity by imposing only valid requirements for hiring and promotional opportunities. In order that the County may realize the maximum benefits of adherence to these principles, the County has established an Affirmative Action Plan. Section 5 Affirmative Action Plan. It shall be the policy of the County to comply with the requirements of the Equal Pay Act of 1963, Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972, Rehabilitation Act of 1973, Age Discrimination in Employment Act Executive Order 11246 as amended by Executive Order 11375 and Revised Order 4, OFCC Affirmative Action Guidelines, Federal Contract Compliance Act of 1965, Americans with Disabilities Act, Civil Rights Act of 1991, state of Wisconsin laws and statutes regarding employment opportunities, including Wisconsin Executive Order Number 28. The County, therefore, directs that the policies, procedures, and rules and regulations of all departments, agencies, facilities, and provisions of labor contracts be amended, if necessary, to come into compliance with the employment provisions of the Acts and laws herein. The County shall take Affirmative Action steps regarding achieving accessibility to the disabled, non- discriminatory contract compliance, a balanced workforce and non-di scri minatory employment practices. Section 6 Program Responsibility. The County designates an Affirmative Action Officer who is charged with the responsibility and authority to develop, implement, administer, and review the Affirmative Action program. The Affirmative Action Officer has full access to all departmental policies and procedures, rule and regulations including personnel files, documented background investigation reports, and other documents of information relating to any aspect of the County personnel operation. The Affirmative Action Officer is the primary point of contact for affirmative action issues in the County. Section 7 Affirmative Action Officer Duties. The County's Affirmative Action Officer is the Human Resources Director, available at the Government Center during normal working hours. His/her duties and responsibilities in this regard are to: 1) develop, write, and monitor an Affirmative Action Plan in conjunction with the management staff, 2) provide assistance to project directors and supervisors, who need technical advice or administrative support in meeting their responsibilities under this plan; 2-2 Draft Date: 08/27/2014 3) review employment practices and related documents (i.e. job descriptions, application forms, job announcements, etc.) to assist in ensuring that any of these practices found to be discriminatory or potentially discriminatory are eliminated or modified; and 4) report to the County Administrator the status of Affirmative Action efforts. Section 8 Dissemination of EOE/AA Program. Dissemination of Policy Within Agency (County facilities It is the intention of the County to insure that each employee is made fully aware of the Affirmative Action policy. A copy of this policy is attached to and made a part of the written personnel policies of the County. The Affirmative Action Plan is posted or made available in conspicuous places for access by employees and other interested persons. Dissemination of Policy Outside Agency (outside County facilities) The County pledges that recruiting sources will be informed of the County's policy stipulating that it actively recruit and refer for job openings minorities, disabled, and women who are qualified to fill these positions. Applicants for each position have access to this written policy. All recruitment advertisement will include the phrase "St. Croix County is an Equal Opportunity Employer". Advertising will not restrict opportunities as to age or sex. Section 9 Non-Employee Grievances. Section 504 of the Rehabilitation Act prohibits discrimination based on disability. In accordance with the Section 504 Regulation and in acknowledgement of the Americans with Disabilities Act, any applicant or member of the general public who has reason to believe that s/he has been mistreated, denied services, or discriminated against in any aspect of employment or services may file a grievance. In order to implement this policy, The County has adopted a grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Acts and laws contained herein. County employees should refer to the internal grievance policy contained elsewhere in this Handbook. Regulations may be examined in the Human Resources Department, Government Center, 1101 Carmichael Road, Hudson, WI or copies obtained by telephoning (715) 381-4310. Non-Employee Grievance Procedure: 1) a complaint must be in writing, containing the name and address of the person filing the complaint, and must briefly describe the action alleged to be prohibited by regulations; 2) a complaint must be filed in the Human Resources Department within 300 days of the last alleged violation; 3) the Human Resources Director or designee shall conduct such investigation of a complaint as may be appropriate to determine its validity; these rules contemplate thorough investigations affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the complaint; 4) the Human Resources Director or designee shall issue a written decision determining the validity of the complaint no later than thirty (30) days after its filing; 5) if the complaint has not been resolved at this point, the Human Resources Director shall forward the materials to the County Administrator, or designee who shall have an additional fifteen (15) days to resolve the complaint; the County Administrator, or 2-3 Draft Date: 08/27/2014 designee shall notify the grievant, in writing, of the decision and list the evidence on which the decision was based; and then 6) if the complaint is still unresolved, the grievant has the right to file the complaint with the appropriate local, state, or federal civil rights office. Section 10 Union Eli ig bility. Affirmative Action and Equal Opportunity Employment policies and procedures are extended to the County's unionized workforce in those cases when the governing contract is silent. 2-4 Draft Date: 08/27/2014 ARTICLE 3 CLASSIFICATION PLAN Section 1 Development and Administration. The Human Resources Director shall be responsible for the overall development and administration of the Classification Plan in cooperation with Department Heads, key staff employees and other appropriate resources. The County Administrator position shall be an unclassified position. Section 2 Job Description. Each employee shall have an accurate job description that describes the knowledge, skills and abilities necessary to do the work of that position and identifies the essential job functions of the position. Section 3 Assignment of the Position. The Human Resources Director shall assign new positions that have been approved by the County Board to one of the classifications in the Classification Plan. If a suitable classification does not exist, the Human Resources Director shall establish a new classification. An appropriate pay range for the classification shall be assigned subject to the approval of the Administration Committee and confirmation of the County Board unless otherwise established through the budgetary process. Section 4 Abolition of Unnecessary Classifications. When it is determined that a classification or classifications are no longer useful or appropriate, the Human Resources Director shall timely inform the Administration Committee that such class or classes have been abolished. Section 5 Reclassification Requests. A "reclassification" is the re-assignment of a position from one existing class to another class to recognize a change in the duties and responsibilities of the position. (For example: a Legal Assistant to a Paralegal or a Custodian to a Maintenance Mechanic.) Reclassification requests shall normally be addressed as part of the annual budget process. In such situations, prior to approval of the budget, the Human Resources Department shall audit the position and make a written recommendation to the County Administrator who shall then advise the Administration Committee of the County Administrator's approval or denial of any reclassification request. If a reclassification request is denied, the position shall not be reconsidered for reclassification until there is a more significant change in the duties and responsibilities of the position. If, in exceptional cases, the duties and responsibilities of a position change during a budget year, the County Board may approve the reclassification request upon the performance of an audit and the recommendation of the Human Resources Director, the County Administrator, and the Administration Committee. Section 6 Re-grade Requests. A "re-grade" is the re-assignment of a position from one pay range to another pay range to reflect changing labor market conditions, to address internal equity issues, or to reflect significant changes over a period of time in the duties and the responsibilities of the position. For purposes of this Article 3, "labor market conditions" shall mean wages earned for similar positions in the following Wisconsin and Minnesota Counties: Barron County, Chippewa County, Dakota County, MN, Dodge County, Douglas County, Dunn County, Eau Claire County, Manitowoc County, Ozaukee County, Pierce County, Polk County, 3-1 Draft Date: 08/27/2014 Portage County; Ramsey County, MN, Rice County, MN, Sauk County, Sheboygan County, Washington County, Washington County, MN. When a position becomes vacant and it is determined by the Human Resources Director and the County Administrator that a re-grade of the position is necessary for recruitment purposes, such re-grade may occur outside the budget process upon the recommendation of the Administration Committee and approval of the County Board. Section 7 Reorganization of Department. Each time a department or division of a department is reorganized, classification descriptions for all affected employees shall be submitted to the Human Resources Director for review and approval as part of such reorganization. Section 8 Job Description Questionnaires. ("JDQs") The Human Resources Director may require departments or employees to submit JDQs when vacancies occur, any time there is reason to believe that there has been a significant change in the duties and responsibilities of one or more positions, or as part of a position audit conducted by the Human Resources Department. Section 9 Underslotting. As a vacancy occurs, the Department Head may recommend the position not be filled due to change in department needs or duties and responsibilities. With the concurrence of the Human Resources Director and County Administrator, the position may be filled at a lower classification. (For example: a Mental Health Therapist position filled as a Social Worker or a Finance Assistant filled as an Administrative Assistant.) Section 10 Upgrade. Upgrades shall be part of the annual budget process. Prior to approval of the budget, the Human Resources Department shall audit the position and make a written recommendation to the County Administrator who shall then advise the Administration Committee of the County Administrator's approval or denial of the upgrade request. If an upgrade request is denied, the position shall not be reconsidered for upgrade until there is a significant change in the duties and responsibilities of the position. When a vacant position is upgraded, an open recruitment shall be conducted to fill the position. Hiring procedures for approved upgraded positions shall be subject to guidelines established by the Human Resources Director. Section 11 Review of Classification Plan. At least every three years or as often as may be appropriate, the Human Resources Director in conjunction with the Administration Committee shall review the Classification Plan to ensure that the plan accurately reflects existing position responsibilities and labor market conditions. The Human Resources Director shall take whatever action is appropriate to amend and update the Classification Plan, subject to the review of the Administration Committee and approval of the County Board. 3-2 Draft Date: 08/27/2014 ARTICLE 4 RECRUITMENT, SELECTION, AND APPOINTMENT Section 1 Policy and Scope. It is the policy of the County to recruit, select, and appoint the most qualified, best-suited persons for positions in the County. Recruitment and selection are conducted in an affirmative action manner to insure open competition, provide equal employment opportunities, and eliminate illegal discrimination, thereby endorsing fair representation of under-utilized groups in the County work force and providing promotional opportunities for qualified employees. Section 2 Department Head Appointments. All Department Heads, with the exception of Elected Officials, are appointed by the County Administrator subject to confirmation by the County Board. Section 3 Review of Vacant Positions. At such time as a position is opened within the County, the County Administrator and the Human Resources Director shall review the position to determine whether or not filling the position is necessary, cost-effective, and justifiable. The Department Head may be requested to submit to the County Administrator his/her recommendations regarding filling the open position. When an open position is approved, the Job Description is reviewed by the appropriate parties and, if necessary, updated to more accurately reflect the duties and responsibilities of the position. Section 4 Promotional Opportunities for Current Employees. Promotional opportunities are encouraged as a key means of recruitment. The Human Resources Director is responsible for the quality and integrity of the selection process and must be satisfied that the preferred candidate possesses the necessary knowledge, skills, and abilities to perform the functions of the position. A new probationary period is implemented for the promoted employee upon starting in the new position, and all other appropriate terms of employment remain in effect. An employee who applies for an internal position intends to remain in such position, if qualified. However, the employee may elect to retrocede to his/her formerly held position, within fourteen (14) calendar days, if a reasonable explanation for not wanting to continue in the newly assigned position is given. If the County determines that the employee is not able to perform the work of the new position within fourteen (14) days, the employee may be returned to the employee's formerly held position. If the vacancy is to be filled by internal recruitment, the Human Resources Department and the employing department will select applicants for interviews. Section 5 Open Recruitment. Position announcements are coordinated by Human Resources Director after receiving notification from the Department Head of a vacancy within the department, OR after receiving approval for the filling of a new position. Whenever possible, all position announcements should include the following: 1) position title, classification, and department, 2) position description including minimum requirements, 3) salary range, 4) closing date for the filing of applications, 4-1 Draft Date: 08/27/2014 5) the place to obtain job information and the application form, 6) a statement that the County is an Equal Opportunity Employer, and 7) any other pertinent information. Position announcements are officially posted on the County's website. Additional announcements may be posted or advertised as deemed appropriate by the Human Resources Director. The Human Resources Director will consult with the County Administrator in the filling of any Department Head vacancy. Consultation will include identification of appropriate sources for position announcements and the selection of a coverage area for notification and advertisement. The Human Resources Director is responsible for preparation and placement of position announcements and advertisements. Vacancies may be filled without new recruitment within twelve (12) months of the hire as long as the selection is made from the previously certified applicants. Departments that use an annual recruitment to determine a certified list of applicants may use that list for up to twelve (12) months following the date the eligibility list was released, should the same or similar positions be opened. Applications shall remain on file in the Human Resources Department for one (1) year from the date of filing. They are considered active applications for the first six (6) months and inactive for the remainder of time they are in the file, unless the applicant contacts the Human Resources Director and indicates that the applicant is still available for employment. Applicants may contact Human Resources to inquire as to the status of their application form or check the online application system. The Human Resources Director may reject any application, if the applicant: 1) provides false or misleading information on the application form; 2) does not sign the application form; 3) has been convicted of a crime which causes unsuitability for the position for which the candidate applied; 4) is not within legal age limitations prescribed for the position; 5) does not meet minimum requirements for the position; 6) has an employment record which demonstrates unsuitability for the position; 7) is a member of an organization that advocates the violent overthrow of the government of the United States; 8) is physically or mentally unable to perform the duties of the position, even with reasonable accommodation by the County; or 9) is found (based upon job-related factors) to be clearly unsuitable for the position. Whenever an applicant is rejected, notice of same is conveyed to the applicant. It is the philosophy of the County that the most qualified, best-suited person be hired to fill a vacant or new position. 4-2 Draft Date: 08/27/2014 Section 6 Selection and Appointment. The selection process is based on objective appraisals of each certified applicant's capability or potential to perform in the position. Once the application closing date has been reached, all completed application forms are considered for the open position. It is the responsibility of the Human Resources Director and appropriate Department Head to screen all applications to obtain an appropriate number for interviewing. The initial screening is based upon job-related criteria as has been previously determined and stated in the job description. From those candidates selected for personal interviews, the hiring decision is made on j ob-related factors including: 1) meeting basic job requirements and qualifications; 2) realistic appraisal of personal characteristics clearly needed for the position; 3) analysis of physical factors where they are a bona fide occupational qualification; 4) investigation of criminal conviction records when j ob-related; and 5) pre-employment inquiries to obtain past performance information from employers, references, etc. The interviewing process includes a hiring board comprised of the Department Head and the Human Resources Director. The hiring board may include standing committee or board members in the case of Department Heads; however, the selection of a Department Head is the County Administrator's decision. All Department Head selections shall be subject to confirmation by the County Board. First consideration is given to the most qualified, best-suited applicant as determined by the evaluation of selection criteria for the position. When two or more final applicants are determined to be substantially equal, special consideration is given to: 1) career opportunities for current employees; 2) reinstatement opportunities for former employees eligible for reinstatement; and 3) employment opportunities for under-utilized groups as identified in the County's Affirmative Action plan. If none of the certified applicants are selected for appointment, the appointing authority shall provide the Human Resources Director with the justification for rejections, and the Human Resources Director, upon determining such reasons to be valid, shall direct new recruitment efforts and/or certify other applicants. Applicants selected for personal interviews bear all expenses for the initial interview, unless otherwise approved by the County Administrator. The Human Resources Director shall establish internal procedures that take reasonable precautions to insure the highest level of integrity and security in the hiring process. Only the Human Resources Director, the Department Head, and the County Administrator are authorized to handle confidential recruitment and selection materials. All application forms are considered confidential unless determined otherwise by legal interpretations of Wisconsin's open records statutes. Applicants may inspect their own application form but may not review the application forms of other candidates. The application 4-3 Draft Date: 08/27/2014 forms become the property of the County, to be kept on file for a period of time, as required by current state and federal regulations, and then to be disposed of in a confidential and timely manner. The retention and disposition of all application forms and related hiring materials are the responsibilities of the Human Resources Director. All application forms for County positions are returned to the Human Resources Director in order to maintain security and confidentiality. Section 7 Nepotism. Within this section, the term "relative" includes: spouse, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother- in-law, father-in-law, aunt, uncle, niece, nephew, step-child, step-parent, and grandparent. It is the policy of the County that: 1) relatives shall not be employed in an immediate supervisor-subordinate relationship; 2) no appointing authority shall hire a relative nor participate in selection and appointment procedures if a relative is an applicant under consideration; 3) no appointing authority or employee shall influence the employment decisions of an appointing authority on behalf of a relative; and 4) this policy is effective for all employees of the County. Section 8 Medical Examinations. The County may require successful completion of a medical examination only after an employment offer has been extended, when reasons for such an examination are supported by the job description and the basic requirements of the position, and all applicants offered employment in a particular job category are examined. If a medical examination is required for employment with the County, the County will pay for said examination. Section 9 Psychological Testing. The County retains the right to use certifiable psychological testing instruments. Results of this testing may be used as a factor in determining a candidate's or employee's likelihood of success in a chosen field or position. Results of any psychological testing are available to the participant only by the release of this information to the participant's physician or mental health professional, per written request to the Human Resources Director. Section 10 Drug Free Workplace Policy. It is the intent of the County to maintain a drug-free working environment for its employees and the general public. To this end, the County prohibits the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace, on work grounds, or within a County vehicle. This also includes time spent in a personal vehicle while on work time or at a location other than the workplace, but on work time for a conference, convention, seminar, or other authorized County activity. Any employee violating this policy is subject to discipline, including discharge, under provisions as set forth in this Handbook. Furthermore, the County strictly prohibits the use of alcohol and/or controlled substances by its employees and volunteers who are performing or ready to perform job functions. Employees experiencing problems with substance abuse should use the County's Employee 4-4 Draft Date: 08/27/2014 Assistance Program for initial or on-going assessment and treatment. An employee may self- refer or request a referral from the employee's supervisor or Human Resources. (See Employee Assistance Program as set forth in Article 10). Employees have an absolute obligation to notify the County of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such a conviction. The County has thirty (30) days in which to respond to such a notice from the employee. Specific departments may require initial and on-going or random drug testing of its employees. These requirements may be in response to federal, state, or County mandates to assure that employees in "sensitive" positions (i.e. law enforcement, emergency communications, etc.) remain drug-free. Employees should consult departmental policies regarding drug-testing issues. Conditions of Drug and Alcohol Testing include the removal of any employee from the assignment if the employee refuses to take a required test. Furthermore, such a refusal may result in discipline which could include employee discharge. Refusal to submit to a drug and/or alcohol test is considered to be a positive test and actions will be taken that are commensurate with the positive test. Drug and alcohol testing is conducted in the following situations: 1) Pre-Placement--prior to the first time a candidate works for the County, s/he is screened for alcohol and controlled substances. A positive result will disqualify the employee from further consideration for the vacancy or the eligibility list. 2) Job Transfer--prior to the first time an employee performs safety-sensitive assignments as part of a job transfer or promotion, the employee will be tested. A positive result will disqualify the employee from further consideration for the position and may result in disciplinary action. 3) Probable Cause (Reasonable Suspicion)--in a situation where an employee is either acting in an impaired manner and/or the Department Head or supervisor has probable cause to believe the employee is using, in possession of, or under the influence of alcohol or drugs, the supervisor should seek a corroborating opinion from another supervisor or employee prior to immediately removing the employee from the job. If there is immediate concern of danger, the supervisor removes the employee without corroboration. Probable cause means suspicion based on a specific personal observation by a supervisor or another regarding the appearance, behavior, job performance, speech, or breath/odor of an employee. It also means receipt of information about an employee's suspected drug use from a reliable source. Once an employee has been removed from the job, the supervisor contacts the Human Resources Department. If contact cannot be made at that time, the supervisor proceeds to the next step of the procedure. The employee is transported to the collection site for immediate drug and/or alcohol testing no later than two (2) hours after the Department Head observed the behavior. The Department Head waits at the collection site until the test has been completed. 4-5 Draft Date: 08/27/2014 If test results are available immediately and the employee receives a positive test, the employee is not permitted to drive the employee's vehicle home or back to work. The employee must make alternative transportation arrangements in order to leave the collection site. The employee is not to report to work, but is placed on unpaid leave. This is a special administrative leave and supersedes PTO policy. A positive drug or alcohol test with results of .02 percent or above finds the employee in violation of the County's Drug Free Workplace Policy. The results of the drug testing are sent directly to the Employer's Medical Review Officer (MRO). Then the results are shared with the employee's supervisor and/or Department Head. The Department Head discuss the results with the employee and determine the appropriate course of action. Once the test is completed and the employee is sent home, the supervisor submits a written report to the Human Resources Department outlining in detail, the event and the observed behavior that led the supervisor to the belief that the employee was under the influence of alcohol and/or drugs. This report is done within twenty-four (24) hours of the testing. 4) Probable Cause--in a situation where an employee is either acting in an impaired unauthorized drug and alcohol use. Random alcohol and drug testing may be conducted before, during, or immediately after an employee's job performance. Several positions within the County have been designated as safety-sensitive. Employees in safety- sensitive positions are subject to random drug and alcohol testing. Employees should confer with their Department Heads to determine if they are in safety-sensitive positions. The minimum annual percentage rate for random alcohol testing is at the licensing level or by state/federal authorities. Employees are randomly selected for testing from a pool of employees that are subject to this testing. The testing dates and times are unannounced and are with an unpredictable frequency throughout the year. Because the testing is done through a random program, each employee has an equal chance of being tested each time selections are made. In the event an employee tests positive for either alcohol or controlled substances, the employee is subject to disciplinary action up to and including discharge. 1) Post-Accident Testing--as soon as practical following an accident or incident, the employer tests the employee for alcohol and drugs. If the accident involves a motor vehicle, the alcohol test is administered within two (2) hours following the accident and the drug test is administered within thirty-two (32) hours of the accident. An employee who is subject to post-accident testing must remain readily available for such testing or the employee is deemed to have refused to submit to testing. 2) Return-to-Work/Follow-Up--this test is used to maintain abstinence and prevent relapse by employees during and after drug/alcohol treatment. The County assures that before an employee returns to duty after engaging in conduct that is prohibited in this policy, the employee undergoes a return-to-work alcohol and/or drug test indicating negative results. Following a determination that an employee is in need of assistance in resolving problems 4-6 Draft Date: 08/27/2014 associated with the use or misuse of alcohol/drugs, the employee is subject to unannounced follow-up testing in consultation with a substance abuse professional. Consequently, the employee is given at least six (6) random tests during the next twelve (12) months with the possibility of follow-up testing up to sixty (60) months. Disciplinary action is taken against employees who are intoxicated or use 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 or the public, or 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. The disciplinary action includes a suspension and possible discharge, and is defined below. In addition, an employee who refuses to take the drug and/or alcohol test(s), refuses to sign the proper testing forms, or refuses to fully cooperate with the provisions and procedures of the testing process is considered to be in violation of the personnel policies and the disciplinary action, including suspension and possible discharge as defined below. The disciplinary action will include an immediate suspension without pay, pending an investigation to determine whether or not discharge will be imposed. If the determination is made that the employee will be allowed to return to work, specific conditions will be placed upon the terms regarding that return to work. Under penalty of federal law and County personnel policy, an employee with a Commercial Driver's License who is called out to work, whether a regular shift or an overtime shift, has an absolute obligation to inform the employee's supervisor if the employee has had any alcoholic beverages, the effects of which may still remain in the employee's system, or if the employee has taken drugs which may be an impairment to the employee's ability to operate equipment and perform the employee's job. Disclosure of this information will be reviewed on a case-by-case basis to determine if disciplinary action is appropriate and warranted. An employee who is required to maintain a Commercial Driver's License (CDL) and whose license is suspended or revoked so as to limit the employee's ability to operate County vehicles, is no longer considered to possess the required eligibility for the position and is subject to immediate termination. 4-7 Draft Date: 08/27/2014 ARTICLE 5 POSITION CATEGORIES; NEW POSITION ESTABLISHMENT AND ABOLITION OF POSITIONS Section 1 Position Categories. The County has three (3) major categories for positions: regular full-time, regular part-time, and temporary. From time-to-time a category of project or limited term employee positions (LTE) may be utilized to deal with state or federally-funded programs implemented in the County. 1) Regular Full-Time positions are designed for a standard work-week of employment, year round. A regular full-time employee is scheduled to work an average of forty (40) hours per week. Thirty-five (35) or more hours per week are considered full-time but the standard is forty (40) hours per week. 2) Regular Part-Time I positions are designed for a standard work-week that is less than full- time, but is usually filled year round. A regular part-time employee is scheduled to work an average of between twenty (20) and thirty-four and nine-tenths (34.9) hours per week. A few positions exist that are classified as Regular Part-Time 11. These are designed for on-going, year around work on a regular schedule that is less than an average of twenty (20) hours per week. 3) Temporary positions are used throughout the County and may be referred to under several different names or titles: on-call, casual, reserve or auxiliary, summer or seasonal, LTE, fill-in help, or temporary. Temporary positions may be used for any one or more of the following purposes: a) fill-in for an absent employee (casual, on-call); b) office coverage during a heavy workload; c) seasonal help (highway workers, parks workers); d) reserve or auxiliary to cover special events or provide additional coverage as needed; e) special project or program assignment; f) grant-funded; g) pool or temporary services assignment. Section 2 Limitations on Temporary Positions. A temporary position may not be used over an extended period of time as a substitute for a permanent position. A temporary position that is scheduled to work twenty (20) or more hours in the standard work week on a year round basis will automatically become a permanent position after the 600th hour that is worked in the third year since the position was established. To be eligible for permanent status, the temporary position must be essentially unchanged in its focus since it was initially established and must have consistently worked twenty-plus (20+) hours per week year round. The employing department must notify the Human Resources Department forty-five (45) days before the position is to become permanent so specific employment details can be arranged. If questions or concerns exist regarding the appropriateness of this position being designated as permanent, the Human Resources Department can submit the issue to the County Administrator for a final decision. An employee who has filled a temporary position that becomes permanent through County 5-1 Draft Date: 08/27/2014 actions does not have automatic rights to the permanent position. The newly-created permanent position may be subject to union posting requirements or open recruitment. If an employee is granted the permanent position, the employee's time in the temporary position does not count toward seniority, longevity, or the awarding of wages or benefits. Section 3 Procedures for Establishing a Temporary Position. As part of the annual budget process, temporary positions must be reviewed by the Department Head and the Human Resources Director. Temporary positions fall into three Categories for budgeting/approval purposes: 1) Category 1: Temporary positions that are scheduled to work up to twenty (20) work days (this is equal to 160 hours) within a calendar year should be listed as temporary positions on the annual budget submitted by the department. These positions are subject to review by the County Administrator and are considered as part of the annual budgeting process. 2) Category 2: Temporary positions that are scheduled to: a) work more than twenty (20) workdays (160 hours) within a calendar year; b) fill an on-going or summer/seasonal need; c) have no likelihood of becoming permanent positions should be listed as temporary positions on the annual budget submitted by the department. In addition, a Temporary Position Questionnaire needs to be submitted to the Human Resources Department as part of the annual budget process. These Category 2 temporary positions must have an expected start date and an expected end date listed on the Questionnaire when submitted to the Human Resources Department. The positions are subject to review by the County Administrator and will be approved providing three criteria have been met and the Department Head certifies an on-going need for service. 3) Category 3: Temporary positions that are scheduled to: a) work more than twenty (20) work days (160 hours) within a calendar year AND EITHER, b) become a permanent position within the next year under the terms and conditions as set forth in Section 4 OR, c) if there is an expectancy that the position will eventually be made permanent, should be listed as temporary positions on the annual budget submitted by the department. In addition, a Temporary Position Questionnaire needs to be submitted to the Human Resources Department as part of the annual budget process. These Category 3 temporary positions are subject to review by the Human Resources Director and the approval of the County Administrator. Temporary positions that have not been placed in the department's annual budget, but whose costs are underwritten through a grant or project fund that was not anticipated at budget time, are considered as Category 3 positions and subject to the stipulations of review as outlined herein. If the need for temporary help arises within a department during the year and funding has not been placed in the budget for such a position, a request to establish the position must be made to 5-2 Draft Date: 08/27/2014 the Human Resources Director and, if approved by the County Administrator, referred to the Finance Director, for determining the appropriate method of financing. Section 4 Procedures for Establishing a Regular Position. A regular position, either full-time or part-time, must be approved by the Department Head, Human Resources Director, and the County Administrator. The Finance Director is to determine the financial feasibility of its funding. Assuming that all steps in the procedure result in approvals, it is the responsibility of the County Administrator to present the position request to the Administration Committee for review and to the County Board for final approval. This is usually done as part of the annual budget process. To establish a permanent position, the following procedures are followed: 1) the Department Head writes a proposal in which the Department Head justifies the need for the position and includes a copy of the proposed 7DQ if no such classification exists and submits to the Human Resources Director; 2) if the position is a non-represented employee, the Human Resources Director reviews the 7DQ and related materials. If the request is for a new Classification the HR Director shall follow process outline in Article 3 Classification Plan; 3) the Human Resources Director reviews the request and the 7DQ if applicable and forwards the request to the County Administrator and Finance Director for consideration; 4) the County Administrator reviews the recommendations of the Human Resources Director, and determines the viability of the position within County funding and its necessity to County operations; 5) upon approval by the County Administrator, the position is reviewed by the Administration Committee and then brought before the County Board with a recommendation ; and 6) the new position, once established, adheres to the governing policies of the County; the recruitment, selection, and appointment process for filling the new position is outlined herein. Section 5 Position Abolishment. The County Administrator determines whether a position is no longer useful or appropriate and if said job should be abolished or changed. Input may be derived from employees, the Department Head, and the Human Resources Director. If a Department Head intends to eliminate a position the Department Head must notify the Human Resources Director. If an employee currently occupies the position to be abolished, actions such as lay-off, termination, or transfer may be invoked as defined elsewhere in these policies or collective bargaining agreements. 5-3 Draft Date: 08/27/2014 ARTICLE 6 SALARY ADMINISTRATION Section 1 Pay Grid. The Pay Grid shall include the schedules of pay ranges for all non-represented employees. Schedules shall consist of minimum and maximum rates of pay and the intermediate pay steps. The objectives of the Pay Grid shall be: 1) To provide an appropriate salary structure, to recruit and retain an adequate number of competent employees; and, 2) To provide appropriate pay incentives for satisfactory or outstanding job performance. The Pay Grid schedules described above are made available on the County Intranet and through the Human Resources Department. Section 2 Development and Administration. The Human Resources Director shall be responsible for the development, updating, and administration of the Pay Grid, through periodic reviews and comparative studies of pertinent factors affecting levels of pay. When appropriate, the Human Resources Director shall recommend necessary adjustments to the Administration Committee. The Administration Committee shall review the proposed adjustments to the Pay Grid and shall make its recommendation to the County Board for consideration as part of the annual budget process. Section 3 Linkage. The Pay Grid shall be directly linked to the Classification Plan and shall be based on the principle of equal pay for equal work. Pay ranges within the Pay Grid shall be determined by such factors as job evaluation methodology, prevailing rates of pay for similar jobs in public and private service, changes in cost of living indices, and the financial policies of the County. Section 4 Entrance Pay Rate. Entrance pay rate for new County employees shall normally be at a rate between minimum and mid-point of the range upon approval by the Human Resources Director. Consideration for hiring above the mid-point is given to key positions within the County, but only after careful review by the Human Resources Director and the County Administrator. The decision to offer a position at a rate above the range minimum shall be based upon consideration of an individual's work experience and the required level of related education or training, as well as the specific needs of the County in filling the vacancy. Section 5 Wage Determination for Temporary Employees. Temporary employees receive an hourly wage for the work they perform. If they are not at work because of a holiday, illness, or lack of work, they do not get paid. Temporary employees earn no seniority/longevity with the County and do not have automatic rights to vacant or newly-created positions. Time spent in temporary status does not count toward the employee's seniority should s/he be hired into a permanent position. Hours worked by temporary employees may vary from a few hours a month to full-time (40 hours per week). Section 6 Pay Rate Adjustments. The following actions shall affect the pay status of an employee: 6-1 Draft Date: 08/27/2014 1) Transfer. When an employee is transferred from one class to another with a common pay range, the employee shall continue to receive the same pay rate. 2) Promotion. When an employee is promoted from one class to another having a higher pay range, the employee shall normally advance to the pay step in the new range that grants the employee a 5 % increase. In some circumstances, the promoted individual may be placed in a higher step upon recommendation of the Human Resources Director and the approval of the County Administrator; the County Administrator shall review such higher step placement with the Administration Committee at their next scheduled meeting. 3) Demotion. When an employee is demoted for any reason, the Human Resources Director shall consult with the supervisor(s) involved to decide the pay for the re-assignment. In no case shall the salary setting result in a salary increase. 4) Reinstatement. When an employee is reinstated to the employee's former job the employee shall normally be paid the same pay step as before leaving. When the employee is reinstated to a job with a lower pay range, the Human Resources Director shall decide on the new pay rate in accordance with the employee's experience and qualifications. In no case, will it exceed the maximum of the pay range to which the employee is assigned. 5) Compensation During Temporary Assignment. In a situation where an employee is assigned the duties of a higher classification anticipated to be for a period in excess of ten (10) consecutive working days, the employee will be assigned a temporary pay rate in the range of the higher classified position. Such pay will be for the period of the temporary assignment. Temporary assignments must be approved by the Human Resources Director. An employee who is temporarily assigned to a position with a lower pay range, for any period, shall not receive a reduction in pay. No such temporary assignment shall exceed six (6) months unless approved by the County Administrator upon recommendation of the Human Resources Director. 6) Re-grades. Salary adjustments shall be part of the annual budget process. If salary re- grades are approved, they will become effective the first day of the new budget's fiscal year. Persons in positions reallocated shall normally be advanced to the step that grants the employee a 5% increase in the new pay range. In some circumstances, the reallocated individual may be placed in a higher step upon recommendation of the Human Resources Director and the approval of the County Administrator; but only if such higher step placement is reviewed and approved by the Administration Committee. Section 7 Red Circled Classifications. Employees in classifications that are to be "red circled" will be frozen at their current salary until the salary of the pay range to which they are assigned equals or exceeds their rate of pay. Employees, whose classifications have been red circled, shall receive a merit increase equal to the percentage of any across the board increase granted to employees on the Pay Grid subject to approval by the County Board. Section 8 Pay for Performance ("P41"'). The County has a P4P compensation system designed to link employee work performance to the Strategic Plan and Mission of the County, as well as, to motivate employees to develop and contribute to the maximum of their ability by compensating those employees based on job performance. 6-2 Draft Date: 08/27/2014 1) Outcomes a) Aligns pay and performance with the County's Mission, Strategic Plan, core values, structure, leadership, and culture. b) Differentiates amongst performers in evaluation and recognizes varying levels of performance through varying levels of compensation. c) Directs the focus on outcomes and results that benefit the public, and strengthens public confidence that the County will continue to strive towards excellence in the performance and delivery of its services. d) Maintains the County's competitive position in the labor market in order to attract and retain the highest talent possible. e) Provides incentives for continuous performance improvement and high achievement. 2) Standards a) All departments are responsible for establishing operational goals for each of its units and employees that are specific, measureable, attainable, realistic and timely. b) All employees will be evaluated in an appropriate category for the employee's position outlined by a standard set of core competencies. c) All departments will be expected to engage in continuous measurement, assessment, coaching, and feedback. d) All departments will use the official evaluation form provided by the Human Resources Department for all types of evaluations including mid-probation, end of probation, and annual reviews. e) All employees' final annual performance evaluation shall be reviewed by the Department Head before submission to the Human Resources Director. f) The Human Resources Director shall review the effectiveness of the County's performance evaluation system, upon which NP is based, and in consultation with the County Administrator, the Staff Advisory Committee, and the Administration Committee make revisions to the program and/or forms as necessary to encourage employee performance that strives to attain the mission and core values of the County. 3) Funding Each fiscal year the County Administrator shall recommend an appropriate funding level to be available for NP increases through the budget process. The County Administrator will take into account the County's overall financial state in establishing a budget for NP which is part of the overall budget submitted to the County Board. 4) Scope a) The NP compensation system applies to all employees whose pay is not subject to some other parallel pay plan or agreement and who are not in a probation status. b) Employees will be eligible to be considered for NP only once each fiscal year. c) Employees at the maximum of their pay grade are not eligible to be considered for base accumulating pay increase. 5) Eligibility Within established parameters, each department will be responsible for determining the NP for each employee, with standards set and evaluated by department management and documented on the County's performance evaluation form. 6-3 Draft Date: 08/27/2014 6) Human Resources Section of the County's Administration Policies and Procedures Manual Subject to confirmation by the Administration Committee, the Human Resources Director shall establish and modify as needed policies and procedures consistent with this Section 8 that provide further guidance with the design and implementation of the P4P compensation system. Such policies and procedures shall be made a part of the Human Resources Section of the County's Administrative Policies and Procedures Manual. The County's P4P system shall utilize the following matrix to be made effective May 1st of 2014. Overall Employee Rating Compensation Award Below Maximum At or Above Maximum 4.00-5.00 Base (step) + Merit X Merit 3.00-3.99 Base (step) X Merit 0.00-2.99 No increase X X 6-4 Draft Date: 08/27/2014 ARTICLE 7 EMPLOYMENT STATUS Section 1 Representation. County employees have the right to organize, join, and participate or refuse to organize, join, and participate, in any employee organization, freely and without fear of penalty or reprisal as pursuant to the Municipal Employment Relations Act (Wis. Stat. §111.70). Represented employees are those employees in positions which are in a collective bargaining unit certified by the Wisconsin Employment Relations Commission pursuant to Wis. Stats. § 111.70(4)d. Non-represented employees are those employees in positions which are not represented by a collective bargaining agreement authorized by the Wisconsin Employment Relations Commission. Bargaining unit employees should review the policies detailed here as well as their union contracts for specific conditions of employment. Non-represented employees should familiarize themselves with the policies and procedures contained herein and the union contracts covering employees under their supervision. Nothing in this Handbook shall prohibit non-represented employees from participating in an "Employee Group" for the purposes outlined in Article 1. Section 2 Exempt/Non-Exempt Status. The County, as an employer, is subject to the provisions of the Fair Labor Standards Act. The Act involves legislation by the federal government which sets guidelines for minimum wage, overtime calculation, and recordkeeping. The Wage and Hour Division of the United States Department of Labor administers the Act. All employees of the County are covered by the Act, regardless of their employment status (i.e.; part-time, regular, temporary, on-call, etc.). The Act divides all employees into two categories: "exempt" and "non-exempt." Exempt employees (the term comes from the phrase "exempt from overtime provisions" and is oftentimes defined in the private sector as "salaried employees"), are defined by the Department of Labor as those employees who are categorized as: 1) executive; 2) professional; or 3) administrative. An employee who is designated as exempt is not entitled to receive overtime or compensatory time as a condition of employment. An exempt employee can only receive overtime or compensatory time if his/her employer pays it voluntarily or if s/he is a member of a union whose contract requires some form of compensation for additional hours worked in excess of forty (40) within a work week. Exempt employees in the County do not receive overtime or compensatory time. At the time of hire, the Human Resources Department will notify the employee of the employee's exempt or non-exempt status. Copies of the exempt/non-exempt listing are available from the Human Resources Department, upon request. 7-1 Draft Date: 08/27/2014 Overtime provisions as they apply to exempt and non-exempt employees are defined in Article 8. Section 3 Job Sharing. Job-sharing occurs when two employees share one full-time position. Each of the employees is to have equal responsibility for the total job and each must work an average of twenty (20) hours per week, thereby providing for full-time job coverage. In designated job-share positions, the benefits, excluding health insurance, are pro-rated based upon time worked. Since each employee is to work an average of twenty (20) hours per week, benefits are based upon fifty percent (50%) of full-time or 1,040 hours per year. Only one health insurance plan is available for a job-share position. It is the responsibility of the job-share partners to determine who, if either of them, will receive the health insurance. The health insurance premium is based upon the status of the position as full-time. Job-share positions are limited to existing County full-time positions, and must be requested by two current County employees. The two employees must make a formal proposal to job-share one position. When one member of the job-share team leaves employment, it will be the employer's decision as to whether or not the job-share position is to continue. If the job-share continues, the County will be responsible for recruiting an employee to fill the vacant half-time slot. If the job-share does not continue, the remaining employee will be given the first opportunity to return to full-time status. In a few select positions, it may be necessary for the County to create a job-share opportunity in order to adequately recruit and/or retain employees. When the job share is initiated by the County, the Department Head or Human Resources Department representative will write the proposal and the Human Resources Department will recruit to fill any vacancies. To request a job-share position two employees considering a job-share position must submit a written request which should include: 1) the proposed division of job duties; 2) the date that the job-share would begin; 3) the schedule of work hours for each employee; and 4) the benefits of job-sharing to the department and/or County. The proposal should take into consideration the establishment of a communications system to insure the sharing of information between job-sharers, the supervisor, and co-workers. Communications methods may include staff meetings with both job-sharers in attendance, a log book, memos, and notes. If one of the job sharers takes an approved extended leave from work, the other job-sharer will not be expected to return to work full-time. However, when one of the job-sharers is not available for work due to scheduled short absences such as vacations or illness, the other job-sharer may be asked to assume part of the work load. Job-share employees must be able to meet workload requirements and be available for scheduled conferences and meetings. Any hours worked beyond the scheduled forty (40) hours must be required and approved by the supervisor prior to the hours being worked. Employees may not schedule themselves for compensable overtime. After an employee's participation in a job-share 7-2 Draft Date: 08/27/2014 position has been approved, daily schedule variations are permissible consistent with the needs of the department and the approval of the supervisor. A job-share proposal must be submitted by the two participating employees to their supervisor. The supervisor must approve the proposal and submit it to the Department Head or, if the supervisor is the Department Head, to the County Administrator. The County Administrator will review the proposal with the Human Resources Director. All job-shares approved and implemented under these guidelines are considered experimental and, as such, require continuing analysis as to their effectiveness and desirability of continuance. The supervisor must provide for a methodology to be utilized for such analysis and must include provisions for the assessment and evaluation of the following basic elements: 1) level of service to the public; 2) impact upon the morale and job satisfaction of the employees in the work unit including supervisory and management staff, 3) impact upon employee effectiveness and efficiency; 4) effectiveness of supervision in terms of work availability, assignment, and coverage; 5) effect upon employee conflicts, problems, and/or grievances; 6) effect upon employee attendance/absenteeism; and 7) cost effectiveness. It is the responsibility of the Department Head to submit to the Human Resources Director and County Administrator a narrative which includes the items listed herein after six (6) months, one (1) year, and annually thereafter. The County reserves the right to discontinue any job-share position with sixty (60) days notice if it believes that the County and/or the public are not best served by its continuance. At that time, the job-sharers would be consulted regarding the future employment opportunities. However, the County retains final authority, under its doctrine of employment-at-will, to determine if employment will continue. Policies and procedures regarding job sharing are not extended to the unionized workforce, but rather bargained as part of regular contract negotiations. Section 4 Hours of Work. Regular full-time employees are scheduled to work an average of thirty-five (35) to forty (40) hours per week. Regular part-time employees are scheduled to work an average of twenty (20) to thirty-four and nine-tenths (34.9) hours per week. County offices vary in work schedules, but as a County standard, offices are to be open to the public from 8 a.m. to 5 p.m., Monday through Friday. Specific County operations may include a variance in hours--for example the Communications Center, Sheriffs Department, and Health Center operate 24-hours each day. The Highway Department opens their doors to the public at 7 a.m. and remains available for service 24-hours each day. Union employees follow the hours of work provision provided in their labor contract. Employees in a Results Only Work Environment (ROWE) work the hours necessary to meet their results and provide appropriate coverage and delivery of services. 7-3 Draft Date: 08/27/2014 Section 5 Lunch Periods and Rest Breaks. Lunch schedules and rest breaks may vary with the departmental operations. Most employees are allotted an unpaid lunch period from thirty (30) minutes to one (1) hour in length. Exemptions to the unpaid lunch period are made for those employees who cannot leave their work station and therefore must have lunch during their scheduled work day (i.e. Emergency Communications). It is the responsibility of the Department Head to assure that adequate staff coverage is provided and County services are not interrupted. Employees are permitted rest breaks of fifteen (15) minutes midway through each half of their work shifts, providing the shift exceeds three (3) hours in duration. A seven (7) or eight (8) hour work day provides for two (2) breaks. Rest breaks are scheduled by the Department Head for the convenience of efficient office operation. Rest breaks cannot be accumulated and used to extend lunch periods. Rest breaks and lunch periods cannot be accumulated to shorten the workday, nor can they be accumulated to be used as compensatory time. Rest breaks and lunch periods should be used on the day and time they are earned. In the exceptional case when a non-exempt employee is required to work through a lunch period or rest break, the employee needs to be given that time off as soon as it can be scheduled during the same work day or the supervisor needs to review the situation to determine if there is an overtime liability issue that needs to be addressed. Union employees follow the lunch period and rest break provisions provided in their labor contract. Section 6 Flexible Scheduling. Upon approval of the County, the employee may be scheduled to work hours that differ from the regular work schedule. Flexible scheduling is defined as work hours that differ from the standard work shift and number of hours usually assigned to employees. For example, departments may use flexible scheduling to stagger start and end times. Employees in a particular department may work an 8:00 a.m. to 4:30 p.m. schedule, some work an 8:30 a.m. to 5:00 p.m. schedule, and some work a 9:00 a.m. to 5:30 p.m. schedule. This provides office coverage throughout the day, including lunch time. Other departments may use flexible scheduling to extend office time to better serve the public; perhaps staggering schedules to stay open until 6:30 p.m. or 7:00 p.m. Still other departments such as maintenance or computer services may use flexible scheduling to extend work hours beyond the normal work day because their work is best done when office staff members are not present. And lastly, some departments use flexible scheduling because their work demands coverage in excess of the standard nine (9) hours per day. Shift scheduling for twenty-four (24) hour operations is detailed in Section 4 of this Article and may be further defined in Departmental Work Rules, and in various union contracts. Department Heads should abide by the standard work schedule unless there are significant reasons to do otherwise. A Department Head who wishes his/her department to operate outside of the usual work day and work week must be able to show public demand for the extended service time, improved service delivery to the citizens of the County, market factors that impact 7-4 Draft Date: 08/27/2014 employee scheduling, significant cost savings for the new schedule, and/or efficiencies that can be captured only with revised scheduling. Any altered schedule that has received the County's approval can be terminated upon one (1) weeks' notice to the employee. If an altered schedule results in a workday in excess of eight (8) hours in one day, time and one-half is not paid to eligible employees unless the employee exceeds forty (40) hours worked in one workweek. Justification for any altered schedule must address issues of security, receptionist coverage, and public accessibility. Altered Schedule--Five Day Work Week If the Department Head wishes to alter the department's work schedule to cover additional hours during the week, s/he must submit this proposal to the Human Resources Director. Altered work schedules shall not begin prior to 6:30 a.m. nor end later than 9:00 p.m. Any exception to this would have to be submitted to the County Administrator for action. Altered schedules that do not involve a lessening of the number of work days each week for the employees and are within the start and end time restrictions noted above can be approved by the Human Resources Director. When submitting an altered schedule for a five-day work week, the Department Head must assure that a full-time employee works each of the five days and no work day shall be less than four hours in duration. Altered Schedule-4 X 10 or Less Than Five Work Days If the Department Head wishes to alter the department's work schedule more dramatically than the five-day schedule noted previously, s/he must submit this proposal to the Human Resources Director. If the Human Resources Director approves the request, it is then sent to the County Administrator for final review and action. The County restricts the use of departmental scheduling that would result in usual work weeks of less than five days for its full-time employees. Significant and compelling documentation must be presented to the County Administrator to justify a move to a 4 X 10 schedule or other similar schedules. Justification for the 4 X 10 or similar schedule should include the factors listed in the fourth paragraph of this Section 6. Altered Schedule--One Month or Less Duration Altered schedules that have the County's and the employee's agreement for an anticipated duration time of one month or less can be approved by the Department Head. This should be done in consultation with the Human Resources Department to review any union issues or issues with this Handbook. All flexible schedules should reflect a consistent work week; designated work days and times should remain the same from week to week. Holidays shall be equivalent to eight (8) hours of pay for full-time employees and pro-rated accordingly for part-time employees. For example, the full-time employee on a 4 X 10 schedule may choose to use two (2) hours of PTO or compensatory time, with supervisory approval, to supplement the eight (8) hours of holiday time, or work an additional two (2) hours on an unscheduled work day. (Refer to Article 10-Holidays, for information regarding holidays falling on unscheduled work days). Departments operating with flexible schedules should anticipate occasional requests from the County Administrator to evaluate the effectiveness of the scheduling. Department Heads should consult union contracts before placing union employees on flexible scheduling. If the contract is silent, the aforementioned policy is used. 7-5 Draft Date: 08/27/2014 The County Administrator shall report work schedule variances to the Administration Committee on a periodic basis. Section 7 Pay Periods. County employees are paid every other Thursday for hours worked in a two-week period. The usual hours of work for a full-time employee is 80 hours for each two- week period. This varies for some jobs that are not assigned a repeating 8-hour per day schedule such as law enforcement, Health Center, etc. Payrolls are based upon an eleven (11) day lag from earned time to paid time. The County uses a pay-week of Sunday through Saturday. 7-6 Draft Date: 08/27/2014 ARTICLE 8 OVERTIME AND COMPENSATORY TIME Section 1 History. In the mid-1980's, the federal government (court action, Garcia Decision) determined that Department of Labor laws which governed wages and working conditions in private sector employment would be extended to public sector employment as well. This meant that public employees previously governed by local policies or established procedures, were now subject to the rules and regulations promulgated by the Wage and Hour Division of the United States Department of Labor. The enabling legislation that put these rules into effect is known as the Fair Labor Standards Act or FLSA. Section 2 Exempt/Non-exempt Designation. The Human Resources Department maintains a current listing of all job classifications and their designation as an exempt or non-exempt position. Department Heads and Supervisors should review this list regularly. Any employee wanting to know his/her designation should contact the Human Resources Department. Section 3 Non-exempt Classification. Non-exempt employees are commonly referred to as "hourly" employees. The County requires that non-exempt employees complete an electronic timesheet, and these must be forwarded to the payroll center on a regular basis. These timesheets are maintained and become the legal documentation regarding an employee's work time. Federal law requires that these timesheets be completed and filed in a timely manner. The FLSA requires that employers provide cash overtime payments at time and one-half for all hours worked in excess of forty (40) in one week. For calculation purposes, the County designates each week as Sunday through Saturday. Non-exempt employees who are not covered by a union contract or whose contract is silent on this issue follow the federal overtime law. Specifically, the non-exempt, non-union employee must work forty (40) hours within the designated one-week period in order to qualify for overtime. These hours can accumulate over any number of days and may be in excess of eight (8) in one day. Overtime under the FLSA is not based upon the accrual of daily hours, but rather on the accrual of weekly hours. The FLSA states that overtime is determined only after forty (40) work hours. Work is defined as paid time. Non-union casual, temporary, on-call, or limited-term employees who are in the non-exempt classification do not receive overtime until they have worked in excess of forty (40) hours in one week. However, if they have worked in excess of forty (40) hours, they must receive overtime. The fact that they are not "regular" employees does not waive their right to overtime. All overtime must be approved by a supervisor and must be reported accurately on the timesheet with a counter-signature of the supervisor or Department Head. Under the FLSA, all overtime must be paid in cash (payroll check) unless the County agrees to an employee request for compensatory time in lieu of the overtime payout. Unless the employee specifically requests that the overtime be paid as compensatory time off and it is approved by the Department Head, the County has an absolute obligation to comply with a cash payout during the next convenient payroll period. If the County agrees to the use of compensatory time in lieu of an overtime payout, the FLSA caps the accrual of compensatory time at 240 overtime hours. In law enforcement, this cap is at 8-1 Draft Date: 08/27/2014 360 overtime hours. The County advises all of its supervisors or Department Heads to cap the accrual of compensatory time at a significantly lower level forty-eight (48) hours is the recommended cap. Hours accumulated in excess of this amount should be paid out on the next payroll. At the end of each fiscal year, all hours remaining as compensatory accrual should be cashed out. No compensatory hours shall be carried over into the new fiscal year. The Department of Labor allows modifications to the FLSA if those modifications are more stringent than the basic law. This means that union contracts which provide more generous overtime language to employees are permitted under the FLSA. Department Heads who must determine overtime issues for their employees should review the matter with the Human Resources Department. Unionized employees must consult their contracts for specific provisions of overtime. Notwithstanding the above paragraphs, effective January 1, 2015, the County shall pay non- exempt employees time and one-half (1-1/2) their hourly rate of pay for all time worked in excess of forty (40) hours per week. All time off with pay shall be considered as time worked for computation purposes. Section 4 Exempt Classification. As noted in Article 8, Section 2, all employees of the County are covered by the Fair Labor Standards Act. All employees are divided into two categories: exempt and non-exempt. Exempt is defined by the Department of Labor as those employees who are categorized as: 1) executive; 2) professional; or 3) administrative. An employee who is designated as exempt is not entitled to receive overtime or compensatory time as a condition of employment. They do not accrue work hours beyond the regular work week in anticipation of additional compensation or leave time. Exempt employees are expected to work whatever hours are necessary beyond the regular work week to assure that a complete and adequate job is done. However, Department Heads may use discretion in granting time-off to exempt employees in recognition of their work efforts. The County requires exempt employees to work a regular daily schedule assigned to them in recognition of their job duties and responsibilities. These hours would provide the basis for a daily log of hours worked, in compliance with DWD 272.11, WI Administrative Code. Exempt employees report hours taken on a bi-weekly basis to the Human Resources Department. This reflects time taken for allowable leaves--PTO, Long Term Sick Leave, and Unpaid Leave. The exempt employee may need to complete a "timesheet" that is required for the billing of hours to another funding source or the allocation of hours to specific projects, grants, or assignments. Though this Handbook allows for Department Head discretion in granting release time to exempt employees, it is not to be interpreted as "one hour release time for each one hour of work time in excess of 40 hours per week." 8-2 Draft Date: 08/27/2014 Section 5 Exceptions to the Exempt Designation. Exceptions to the exempt category occur in the County labor force with hourly nurses and hourly registered dieticians (and any other exempt employee paid in a non-exempt fashion). Registered nurses and dieticians are considered professional and therefore exempt under the FLSA. However, when the County chooses to pay the exempt employee in the same manner as an hourly employee, that employee becomes non- exempt. For example, an hourly staff nurse at the Health Center who works in excess of eighty (80) hours in two (2) weeks is entitled to overtime for the excess hours. Employee classifications that fall into the "exception" category should be referred to the Human Resources Department for review. Section 6 Health Center Exceptions. The FLSA allows for special provisions in the operation of a nursing home. The "eight and eighty" rule indicates that overtime is to be paid for all hours worked in excess of eight (8) in one day or in excess of eighty (80) in a two-week (2), fourteen (14) day period of time. The two-week (2) period runs from Sunday through Saturday for fourteen (14) days. This provision permits the scheduling of staff on a broader schedule, more conducive to direct care--i.e. six (6) days on, three (3) days off, seven (7) days on, four (4) days off, etc. This provision can be overruled by a union contract that provides for greater overtime benefits for employees. The County retains the option to follow the eight (8) and eighty (80) exception or standard FLSA based on the financial analysis of staffing patterns. Section 7 Travel Time, Training, Seminars, and Conferences. Non-exempt employees who are sent to mandated or County approved training, seminars, or conferences are paid for the time spent in travel to and from the event and time spent in attendance at the event. Time paid excludes meal time and overnight accommodations. If the travel time and attendance at the event total more than forty (40) work hours per week, then overtime at time and one-half is granted. Section 8 State of Emergency Overtime. In a County "state of emergency" declared by the Governor of Wisconsin, and/or President of the United States and/or County Board Chair, exempt employees may receive payment at their regular hourly rate for hours worked in excess of 40 hours in a week. Only work performed in direct relation to the state of emergency may be included for payment, and benefited time off shall not be included in the calculation of "hours worked." 8-3 Draft Date: 08/27/2014 ARTICLE 9 --CONDITIONS OF EMPLOYMENT Section 1 The First Day. On the first day of employment with the County (or possibly sometime during the first week), each new employee is advised of all general conditions of employment such as work rules, fringe benefits, usual hours of work, wages, employee privileges and work responsibilities. The Department Head or supervisor orients each new employee to the employee's work and job site. Such orientations include introductions to fellow workers, safety regulations, performance expectations, and the location of supplies, offices, employee lounges and restrooms, etc. It is the responsibility of the Department Head to assure that pertinent personnel materials are obtained and documented in the employee's file. The information checklist is completed and the employee signs the orientation form indicating that the employee understands the information given the employee. The employee must receive copies of the employee's job description, conditions of employment, and the Human Resources Handbook. Arrangements are made for the employee to meet with the Human Resources Department. All new employee documentation is forwarded to the Human Resources Department for inclusion in the employee's permanent personnel file. Section 2 Probation Period. All non-represented employees, except Department Heads, shall serve an initial probation period of twelve (12) months. Employees may be discharged during the employee's initial probation period on a non-arbitrary basis without recourse to the County's Grievance Procedure nor the Complaint Procedure; provided, however, a probationary employee may file a complaint regarding the application of this Handbook. It is the responsibility of the Department Head to monitor the performance of each new employee during the probation period. Midway through an employee's probation period, the Department Head shall evaluate the performance of the employee and review his/her findings with the employee. The Department Head shall use the County's approved evaluation form through the electronic system or if not applicable a paper copy which is available from the Human Resources Department. A signed copy of this evaluation is forwarded to the Human Resources Department or submitted through the electronic system for inclusion in the employee's regular personnel file. One month prior to the completion of the probationary period, the new employee shall be evaluated by the Department Head in the same manner as before. Successful completion of the period grants "regular" status to the employee. Again, the evaluation form is forwarded to the Human Resources Department and the appropriate payroll changes are made. Probationary employees are entitled to paid holidays provided they meet the eligibility requirements for holiday pay. Probationary employees do not receive a pay-out for PTO accumulation if they do not complete their initial probation period. Probation periods can be extended with approval of the Department Head and the Human Resources Department. The probationary employee must be notified of this extension prior to the end of the employee's usual probation period. Section 3 Travel and Expense Reimbursement. Employees are reimbursed for reasonable travel expenses incurred when conducting official County business. Mileage reimbursement 9-1 Draft Date: 08/27/2014 corresponds with the rate used by the IRS for tax purposes, or by the County's Fleet Policy, whichever is less. Employees should check with their Department Head to determine the current rate of reimbursement. Commuting expenses between an employee's home and the employee's primary assigned County government building (hereinafter referred to as "worksite") are not reimbursable. Place of business will be used to describe any other location visited while on official County business. Specific departmental rules may require advance approval by the Department Head or Supervisor of all employee business travel. A valid driver's license, proof of insurance, and a vehicle available for transportation may be requirements of the position. Mileage will be paid to employees while traveling on official County business during usual or after work hours, on the most reasonable direct route as follows: 1) from worksite to place(s) of business and return to worksite, mileage allowance shall be the actual miles traveled (see example "a"); 2) from employee's home to place(s) of business to worksite, mileage allowance shall be the lesser of. home to place(s) of business to worksite OR office to place(s) of business to worksite (see example "b"); 3) from worksite to place(s) of business to employee's home, mileage allowance shall be the lesser of. worksite to place(s) of business to home OR worksite to place(s) of business to worksite (see example "c"); 4) from employee's home to place(s) of business to employee's home, mileage allowance shall be the lesser of. home to place(s) of business to home OR worksite to place(s) of business to worksite (see example "d"); 5) all miles traveled with a client are reimbursable including travel outside of the County (see example "e"); 6) if an employee is called to work or chooses to work at his/her worksite outside of the usual work hours, mileage is not paid; if an employee is called to report to a place of business that is not his/her worksite, outside of his/her usual work hours, mileage is paid as authorized in example "d"; 7) because of the nature of the work done by employees in the Highway Department, they may be assigned to more than one official worksite; mileage is not paid to commute to and from any of the designated work-sites; and 8) an employee may utilize the County rental car agreement for work related travel if the rental cost is projected to be lower than the mileage reimbursement amount. Rental car agreements and rates are maintained by the Finance Department and should be referred to by each employee when planning a business trip. Should the employee choose to use his/her personal vehicle when the use of a rental car would have cost less; the employee will be reimbursed at the lesser rate. Employees must comply with all County rental car agreement restrictions. This policy is limited to those work trips that are eligible for County mileage reimbursement. For additional information on usage of Fleet Vehicles and reimbursements see County Vehicle Use Policy. 9-2 Draft Date: 08/27/2014 su lik" pom Aii nz Y _ m c bow ~v 2A Vp*tmmtml A" W LI-X 9-3 Draft Date: 08/27/2014 x 17 e _ - ce _ IN fN }fi !U V 9-4 Draft Date: 08/27/2014 Employees should check with their Department Head or their Supervisor to determine the travel voucher format to be used and the time frame in which you must report all requests for reimbursement. Most departments do not permit payment of travel costs that are more than three (3) months old. It is expected that travel expenses will be reported each month. Any fines incurred by the employee while performing official County business is the sole responsibility of the employee and may result in disciplinary action. Expenses incurred while on County business outside of the St. Croix County border are reimbursable at the following rates: 1) Meals: Morning Meal $ 8.00 Noon Meal $12.00 Evening Meal $20.00 Total $40.00 (Not to exceed $40.00 per day, which includes recommended gratuities of 15%) If an employee chooses to use the total allowance for one or two meals in a full day, this is acceptable, provided the employee would be entitled to these meals. To be eligible for breakfast, the employee must be away from work or have to leave home prior to 7:00 a.m. To be eligible for dinner, the employee must not have returned to work or home or be within the County's boundaries prior to 7:00 p.m. Receipts are required for the employee to receive reimbursement. 2) Lodging -Hotel rate: Maximum reimbursement rate will be in accordance with current State of Wisconsin rate. If lodging is expected to exceed the maximum allowed, the employee may choose to complete an "Authorization to Exceed Maximum Motel Allowance" form from the Human Resources or Finance Departments. A copy of this is also included in the appendix of this Handbook. This form needs to be signed by the County Administrator and should accompany the employee's expense voucher. 3) Incidentals - Bar bills or alcoholic beverages are not reimbursable. Receipts should be kept for miscellaneous expenses such as parking, registration, etc., and attached to the travel voucher. 4) Payment - Expenses are itemized on a monthly travel/expense voucher provided by the Finance Department. Employees working for specially-funded programs may have to complete additional expense forms. Attach all documentation to the travel voucher. Travel expenses must be submitted to the Finance Department or appropriate office within ninety (90) days or they will not be paid. Receipts must accompany the request for reimbursement. Payments will not be made for expenses that are not receipted. 9-5 Draft Date: 08/27/2014 Section 4 Gifts and Gratuities. Employees are advised that solicitation and/or acceptance of gifts, gratuities, offers of employment, or other items of value may constitute a violation of Wisconsin Statutes, Chapter 946 and other applicable references, and, therefore, are not permitted. Violation of the applicable statutes or the intent of this rule may result in criminal prosecution and/or disciplinary action. Section 5 Confidentiality. No employee may use or disclose privileged or confidential information gained in the course of work or by reason of the employee's official position or activities. No confidential information concerning any citizen may be released to an unauthorized person or agency. Any violation of this policy is sufficient cause for immediate termination. Section 6 Political Activity. All employees, including Elected Officials, have the right to freely express their views as citizens and cast their votes, subject to the following: 1) no employee or Elected Official shall directly or indirectly use or seek to use his/her authority or the influence of his/her position to control or modify the political action of another person; 2) no employee or Elected Official during his/her hours of duty shall, except as provided by law, engage in political activities including, but not limited to: a) campaign for any candidate or political party; b) make campaign speeches or engage in other activities to elect a candidate; c) collect contributions or sell tickets to political fundraising functions; d) distribute campaign material in any election; e) circulate nominating petitions; f) organize or manage political meetings; or g) display political badges, buttons, or stickers in any County buildings or wear such items during work hours; 3) no employee or Elected Official shall at any time use County-owned or leased equipment for any political activity; 4) no employee shall be removed, discharged, reduced in pay or position, or otherwise discriminated against because of the employee's political opinions or affiliations except as provided for in statutes or in this section; and 5) employees whose principal employment is in a federally grant-aided program are subject to prohibitions in the Federal Hatch Political Activities Act as amended, 5 U.S.C. sections 1501-1508. Section 7 Emergency Absences and Shut-Down of Facilities. There may be times during the course of operation of the County facilities when emergency situations arise prompting the closing or down-staffing of government departments. Inclement weather is the most common cause of facility closing, but other emergency conditions may arise in which County offices need to close. Every effort will be made to keep affected County offices and buildings open and operating as normal. The County Administrator must weigh these factors in light of employee safety, essential County operations, and the provision of services. When safety concerns and other factors outweigh the 9-6 Draft Date: 08/27/2014 need for opening County buildings, then a shut-down of facilities is declared. The following provisions apply: 1) Employees failing to report to work in a timely manner due to inclement weather conditions are paid only for those hours worked, subject to subsection 3) of this Section; 2) The County Administrator may order certain departments to be closed or staffing curtailed due to emergency conditions or the inability to provide a worksite. If such a decision is made prior to the start of the work day, every effort shall be made to contact the local radio stations for an announcement of closed departments within one (1) hour of the beginning of the work day. Employees are paid only for those hours actually worked, subject to subsection 3) of this Section; 3) Employees may apply for PTO or, where applicable, compensatory time credits to receive full pay for scheduled hours absent during a facility shut-down. If accrued time is not available, all absent hours are without pay; 4) It is the responsibility of the Department Head or supervisor to notify the Human Resources Department immediately of any employees who have lost time without crediting their PTO or compensatory accrual. This lost time is without pay, but only after other pay sources such as PTO and compensatory time have been expended. The employees' timesheets should reflect this; 5) Calls or other specific information about inclement weather or emergency situations should be forwarded immediately to the Facilities Director or supervisor, who will communicate with the County Administrator; 6) Department Heads should take action as necessary and appropriate to their operations to provide for the safety and welfare of employees; 7) Employees may make up the lost work time at a time to be determined by the Department Head or supervisor; 8) Department Heads and the County have the right to require employees to work during an emergency and may work in a position as assigned by the Human Resources Director or supervisor; 9) "Emergency Functions" are defined as: a) Responsibilities for delivery of emergency services to protect life and property for our citizens; and b) Responsibilities that focus on assessing and ensuring a safe and functional working environment for County staff to begin reinstating first critical and eventually all services after an emergency. 10) Departments that perform Emergency Functions include: a) County Administrator's Office b) Administrative Services Departments: Human Resources, Information Technology, Finance, Facilities, Corporation Counsel and Risk Management c) Sheriffs Office • Administration • Field Services Bureau • Specials Services Division • Corrections Bureau d) Emergency Support Services • Emergency Communications 9-7 Draft Date: 08/27/2014 • Emergency Management e) Community Development Department • Land Use & Conservation • Planning & Land Information • Resource Management f) Highway g) Health & Human Services Departments: • Behavioral Health • Public Health h) Health Center (Nursing Home) 11) Emergency Positions within Emergency Departments include: a) Sheriff - Incident Commander b) Chief Deputy - Incident Commander/Deputy Incident Commander/Incident Manager c) Corporation Counsel - Chief Legal Advisor d) County Administrator - Chief Executive e) Emergency Communications Coordinator - Communications Officer f) Emergency Management Coordinator - Emergency Operations Manager g) Emergency Support Services Director - Emergency Communications Leader h) Emergency Preparedness Program Specialist - Resource Branch Manager i) Facilities Director - Support Branch Manager j) Field Services Captain - Incident Manager/Public Information Officer k) Field Services Lieutenant - Logistics Chief 1) Finance Director - Emergency Fiscal Agent m) Health & Human Services Director - Human Services Group Supervisor n) Highway Commissioner - Operations Chief o) Assistant Highway Commissioner - Deputy Operations Chief p) Highway Patrol Superintendent - Operations Leader q) Highway Assistant Patrol Superintendent - Deputy Operations Leader r) Highway Engineer - Damage Assessment Unit Leader s) Human Resources Director - Emergency Staff Manager t) Information Technology Director - Electronic Systems Manager u) Public Health Coordinator - Health Officer v) Public Health Supervisor - Deputy Health Officer w) Risk Manager - Safety Officer (additional positions may be added as identified for the situation) 12) Special weather related closings of County buildings and emergency information will be provided on the following for employees: a) KARE 11 (TV 11) b) WEAU Eau Claire (TV 13) c) WEVR RIVER FALLS RADIO (106.3) d) WCCO RADIO (830) e) St. Croix County Emergency Hotline 1-888-305-3555 Section 8 Ownership Policy. It is the County's policy that ownership of inventions, writings, computer software, and other original works is vested with the County, providing that the 9-8 Draft Date: 08/27/2014 employee who developed said works was hired for that purpose or that such development was a natural outgrowth or necessity of the job. Section 9 Life-threatening Illnesses. As public employees, we must treat all people, including our fellow employees, with respect and dignity at all times, including when seriously ill. If one of us were to become ill, we would respond with care and compassion. We provide ourselves with a safe, healthy, open, and informed working environment. At the same time, however, we hold dear and protect our individual privacy and medical information, which is not to be shared without our permission. Any employee with a life-threatening illness who is eligible for that specific health coverage will not lose eligibility because of the illness. The affected employee may continue to work as long as able, providing there is no medical evidence to indicate the condition is a threat to the employee's own safety or to the safety or health of others. The County is an Equal Opportunity Employer and does not discriminate against persons as noted in Article 2 of this Handbook. The County tests and screens employees, per Americans with Disabilities Act guidelines, to determine whether they are physically able to perform the tasks of the position. The County does not test or screen to determine if the employee has a life-threatening illness, including AIDS and HIV. The County will continue to provide its employees with Employee Assistance Program services to keep each employee informed and able to deal with illness and its related problems. Sectionl0. Personal Appearance. Purpose: County employees are in the forefront of providing services to the general public. Personal appearance is an essential element of good public relations. The County expects employees to be well-groomed and neatly dressed. Employees should dress in a manner consistent with a professional business atmosphere and should practice good personal hygiene. Jewelry, perfume/cologne, and other accessories should not interfere with an employee's or co- workers' ability to perform their jobs and should not pose a safety or health hazard. The following general guidelines are provided to help you determine what is appropriate in grooming and dress. Scope: This policy applies to all regular full-time, regular part-time, limited term employees, seasonal employees, contract employees, and temporary employees with exception of the employees required to wear a uniform or perform manual work in the field. Policy: Employees are expected to dress in an appropriate and professional manner while at work. These established guidelines will be used when considering appropriate dress unless department needs require alternative guidelines as approved by the department head. The County Administrator has the authority to determine appropriate workplace attire and business casual day(s). Note: Due to the varying nature of work performed, some departments may provide additional dress/grooming rules that are more stringent that those listed in this policy. 9-9 Draft Date: 08/27/2014 Appropriate Business Attire: Business attire is to be worn Monday through Thursday. Examples of appropriate business attire for employees include the following: Men: Dress slacks, dress shirts with buttons and collars, dress shoes/boots, ties and suit coats may be worn, but are not required. Women: Dresses, skirts (at an appropriate length), dress slacks or capris, blouses, dress shirt, dress shoes (can include boot/sandal), sweaters, a blazer/jacket may be worn, but is not required. Appropriate Casual Business Attire: Casual business attire may be worn on Friday of each week or other days as designated by the County Administrator. Employees should consider the business needs of the day and exercise professional judgment in determining if business casual is appropriate for that day. Appropriate casual business attire for employees includes the following: Men: Casual slacks, khakis, denim pants, Polo shirts with collars, Oxford button-down shirts, sweaters and cardigans. Women: Casual slacks, cords, khakis, capris, denim pants, Polo shirts, sweaters, blouses. Unacceptable Attire: The following attire is unacceptable unless a special County event indicates that it is allowed: All: Plain or pocket T-shirts, tank tops, tube tops, halter tops or shirts with spaghetti straps unless worn under jacket or sweater, sweatshirts, cutoffs, shorts, sweatpants, T-shirts with logos, athletic wear, spandex or Lycra such as biker shorts, tennis shoes, hats, beach wear or flip flop shoes, midriff length tops, provocative attire, workout clothes or athletic shoes, any clothing with holes, rips, or tears. Uniforms: Employees required to wear uniforms should keep them clean, pressed, and well- fitted. Each department is responsible for seeing to it that employees follow regulations regarding uniforms, related accessories, and equipment. Uniforms bearing a County identification patch or logo should not be worn during off-duty hours other than for travel to and from work. Grooming: All employees should meet basic dressing/grooming standards. Hair, beards, and mustaches are to be clean, trimmed, and well-groomed. Enforcement: Department Heads are responsible for monitoring and enforcing this policy. The policy will be administered according to the following action steps: 1) If questionable attire is worn in the office, the Department Head will hold a personal, private discussion with the employee to advise and counsel the employee regarding the inappropriateness of the attire. 2) If an obvious policy violation occurs, the Department Head will hold a private discussion with the employee and ask the employee to go home and change the employee's attire immediately. This time to go home and change will be without pay. 3) Repeated policy violations will result in disciplinary action, up to and including termination. 9-10 Draft Date: 08/27/2014 Section II Tobacco-Free Workplace. The County Board has designated all County government grounds including County buildings, County-owned parks, and County-owned vehicles and equipment to be tobacco-free for the betterment of the health and work environment of its employees and the general public. As such, any member of the public found in violation of the tobacco-free workplace policy will be asked to leave the premises. Additional penalties may be assessed. County employees may go to designated areas or their personal vehicles. County employees found in violation of the tobacco-free workplace policy will be subject to the disciplinary procedures defined in this Handbook. Section 12 Issuing Keys to Employees. The Facilities Department is responsible for the duplicating and distributing of access keys for buildings and offices within the County. Control of keys should be maintained by the Department Head or supervisor, in consultation with the Facilities Department at each facility. Each employee receives keys from the employee's supervisor or the Facilities Department representative. The employee signs for the key(s), acknowledging that the key(s) is a piece of County equipment which must be kept secure and returned to the County upon request of the supervisor or termination from County employment. The supervisor is responsible for maintaining a list of the employees and the keys assigned to each. A copy of the employee's Employee Key Policy Form must be modified each time a change in keys takes place and forwarded to the Human Resources Department and the Facilities Department. An employee is not considered to have completed the termination process from County employment until the key(s) has been returned to the supervisor or Facilities Department representative and the employee has "signed-off' on the Key Return Form. Keys remain the sole property of the County. Employees are not authorized to duplicate keys. Only the Facilities Department can duplicate keys after approval is received from the Facilities Manager. An employee who loses the employee's key(s) must report that loss immediately to the supervisor and the Facilities Manager. Keeping a County key after termination from County employment is considered theft. Duplicating keys or giving a County key to an unauthorized person for use is subject to disciplinary procedures. Copies of the signed Key Form are retained in the employee's permanent personnel file. Section 13 Public Records Law Regarding County Employees. Employees in the public sector do not enjoy the protection of records confidentiality that is commonplace in the private sector. Wisconsin Statute 19.31 emphasizes the legislative intent to provide open access when possible to the citizens for the review of public documents, including employment-related materials. The law states that any person may inspect public records and the custodian of the records must respond "as soon as practical and without delay." Legislative intent and judicial decisions indicate that employee information available to the general public upon request may include the following: 1) employee name; 2) position; 3) rate of pay; 9-11 Draft Date: 08/27/2014 4) length of service; 5) home address and telephone number; 6) work address and telephone number; and 7) County work history. This list is not all inclusive. Under certain circumstances, the public may have access to information including application forms, performance evaluations, and disciplinary procedures. Generally excluded from public access are letters of reference, portions of test documents (other than the total test score), records of investigation of possible criminal offenses, records used for staff management planning including recommendations on promotions and job assignments, and medical records. An employee who wishes to view the employee's personnel file makes an appointment with the Human Resources Department. The file is reviewed in the Human Resources Department and in the presence of a member of the Human Resources Department. Section 14 Conference, Convention, and Training Policy. Monies are earmarked in the annual departmental budget for job-related training sessions that provide for an efficient, updated work force to serve the public. Training programs are administered by the Department Head and the Human Resources Department in accordance with the guidelines outlined in this Handbook. It is the County's philosophy that training needs to be designed as part of an overall departmental staff development plan, taking into account employee performance evaluation, department goals and mission statements, and all levels of employee positions. Departments should encourage employee input in developing the annual training plan and updating it annually. This is to be done prior to the development of the department budget. As part of its commitment to excellence in job performance and service, departments should consider training to be an important and integral part of the annual planning process. The County believes that adequate training and conference participation are essential to obtain excellence. Training maintains program direction, adds value to the investment the County makes in its staff as a resource, and provides excellent service to the public by increasing productivity, and improving individual employee self-esteem and morale. It allows staff to remain current in procedures and techniques and reduces the County's exposure to liability. Departments planning for conferences, conventions, or training need to place all related expense items--registration fees, travel (mileage) costs, lodging, meal expenses, and other accompanying costs--in the same budget line item. That line item is earmarked specifically for Conference, Convention, and Training costs. A worksheet and justification form is attached to the budget worksheet and/or reimbursement voucher. Training is categorized into three areas which prioritize the departmental and/or employee's needs and objectives. The highest priority training is called "mandatory." This is training that is required to maintain program or individual licensure or certification in the field in which the employee is presently employed by the County. This is also training that may be necessary to accurately report data to funding sources or maintain or achieve compliance with local, state, or federal policies, requirements and/or initiatives. It is the employee's responsibility to maintain 9-12 Draft Date: 08/27/2014 the employee's license or certification so that the employee can remain employed by the County. The County does not assume responsibility for assuring that each employee's license or certification is current and valid. However, departments may incorporate some of the necessary continuing education requirements into their annual training plans and accompanying budgets. The second priority of training is called "essential" and provides an employee with training to insure that the employee can perform duties in accordance with generally accepted current or emerging standards or practices in the field. Essential training is also used to minimize or reduce County exposure to liability in high risk service or program areas. The last general area of training is called "preferred" and has as its purposes employee professional growth and development as identified in an employee performance evaluation or a department's staff development plan. It may also provide training that would enhance an employee's retention via preparation for promotional opportunities within the County. Preferred training would provide opportunities for developing new skills to meet anticipated future program needs as identified by the supervisor, or provide coping skills to reduce or alleviate employee burn-out and turnover. And lastly, this training provides opportunities for staff positions which usually do not require mandatory or essential training. Other types of training that are not part of each department's annual training plans and budget may be available to employees. In-service training may be available as sessions that are required to meet present job requirements, to maintain job performance at an acceptable level, or as a requirement for continued licensing or certification. The County and/or a department or unit may sponsor such training in-house for one or a number of employees. For example, the Health Center may sponsor in-service training for all attendants on the topic of "patient restraints." The Highway Department may sponsor in-service training on "CPR". Local staff development training is oftentimes sponsored by the Human Resources Department. These programs are informative and/or educational in nature and provide for information dissemination, skills upgrading, personal and job development, and staff cohesiveness. The Information Technology Department provides specialized training in computer-related areas. Much of this training is done locally. Information Technology Department may also make available to employees specialized training at a site other than the County facilities. When this happens, the registration costs incurred as a result of the training experience are billed against the Information Technology budget. In-service training may also be provided as needs are identified county-wide and several departments come together for like-training opportunities. In-house staff possessing specific and advanced knowledge in specialized areas may be used to train other employees. Conferences and Conventions are regional or state-wide organizational meetings that provide an opportunity to consult with persons of similar professions and exchange ideas and thoughts about programs, procedures, and policies. Much of the information and often times the program format are similar to what an employee would receive at a "training" session, and, in fact, some conferences and conventions may provide the necessary continuing education credits (CEU's) for retaining professional licensure/certification. 9-13 Draft Date: 08/27/2014 Some training opportunities, categorized as "professional development and career advancement" are not required of the employee to maintain the employee's skills at an acceptable level of performance or retain the license/certificate. Oftentimes these are credit-generating programs associated with a college or technical school. Only the prevailing of exceptional circumstances would permit the County authorization of funds for this type of training. An employee who receives a certificate of attendance or completion from a training session should have a copy placed within the employee's permanent personnel file. Allowable Expenses When an employee is attending properly authorized training, a conference or convention, allowable expenses include: 1) registration fees; 2) related materials costs; 3) travel expenses as established by the County Board and/or union contract (i.e. mileage, meals, and lodging); and 4) the usual work day of pay, exempt employees may collect pay for the usual work time only. Non-exempt employees attending a conference, convention, or training at the County's request are paid for time spent at the activity (excluding meal time and personal time) and travel time to and from the site. If the activity includes an overnight, the employee is not paid for time spent before or after the actual conference, but meals and lodging will be covered as part of travel expenses. When the training is done in-house, the Department Head is authorized to use appropriately budgeted funds for training related expenses. This may include the employee's usual work day and, perhaps, mileage to the County training site. If the employee has requested educational training for reasons of personal development, the Department Head, County Administrator must consider several factors before granting leave time to that employee. These include: 1) Department Head approval of the absence; 2) departmental work load that permits the employee absence; 3) employee's work load will not be shifted to another employee and replacement will not be hired for the absent employee; 4) employee and Department Head, County Administrator reach an agreement as to loss of time--use of PTO time, flexible scheduling, leave of absence, etc.; and 5) acknowledgement that employee-requested training programs of this sort are usually not eligible for County payment of wages and benefits, travel expenses, or registration fees. Procedural Issues Each year the departments are required to identify training needs and conference/convention attendance for their program area(s) and incorporate these anticipated costs into their annual budget. When comparable training is offered in different locations, departments are encouraged to select the program which provides the least expensive total package (including registration 9-14 Draft Date: 08/27/2014 fees, travel costs, time away from work). Out-of-state training programs may be authorized by the Department Head when the total cost of the program would not be greater than a program provided in-state. Other out-of-state training, conferences, or conventions may be approved by the County Administrator, provided that monies exist in the budget. Department Heads and the County Administrator determine the number of staff that will attend a training program, conference, or convention based upon several criteria: 1) whether the program offers choices of working sessions at the same time, which would justify multiple attendees, or whether it offers one working session or multiple working sessions, but at different times, which may justify attendance by one staff member only; 2) whether the training is mandatory or essential for multiple staff, and 3) whether there are cost-effectiveness considerations which support sending multiple attendees. When a training program, conference, or convention is attended by more than one employee, they are encouraged to travel together and share accommodations whenever possible. An employee attending a training program for which the County will pay a registration fee must submit prior to the program: 1) a completed training request form to the employee's supervisor for written authorization for training-related expenses; and 2) after the program, a completed training evaluation form with the employee's voucher in order to claim reimbursement for training-related travel, lodging, and meal expenses. The supervisor and/or Department Head will review the evaluation form and voucher. Department Heads attending training, conference, or convention activities should be sure that money is available within the designated line item of the annual budget, and complete an evaluation form which would be made available to the Human Resources Director upon request. Employees should not construe this policy as an entitlement to training, conferences, or conventions. No employee is guaranteed annual training or attendance at conferences and conventions. An employee has sole responsibility for maintaining any license or certification that is a requirement of the employee's job. In the event that appropriate CEU training is not made available through the County, the employee still maintains the responsibility for meeting licensure or certification requirements. Loss of such license or certification may result in the employee's termination from the County. Section 15 Exposure to Blood-borne Pathogens and Other Potentially Infectious Materials. Any employee reporting an exposure incident to blood-borne pathogens (or other infectious materials) is provided with medical care and follow-up in accordance with the provisions of the OSHA Standard on Blood-borne Pathogens, Section 1910.1030 of the Federal Register. Exposure incidents are covered as Worker's Compensation claims and administered through the Risk Manager's Office. 9-15 Draft Date: 08/27/2014 Definitions: "Blood-borne Pathogen" pathogenic micro-organisms that are present in human blood and can cause diseases in humans; these pathogens include, but are not limited to hepatitis B virus (HBV) and human immunodeficiency virus (HIV). "Occupational Exposure" reasonably anticipated skin, eye, mucous membrane, or potential contact of blood or other potentially infectious materials that may result from the performance of an employee's duties. "Source Individual" any individual, living or dead, whose blood or other potentially infectious materials may be a source of occupational exposure to the employee. Upon sustaining an occupational exposure, the employee immediately notifies his/her supervisor and completes the related forms (Report of Significant Occupational Exposure to Blood-borne Pathogens and Determination of Exposure to Blood/Body Fluids). It is the responsibility of the Department Head or supervisor to insure that the employee adequately documents the route(s) of exposure and the circumstances under which the exposure incident occurred. Efforts must be made to identify and document the source individual. If legally required consent can be obtained, the source individual will be tested as soon as feasible for HBV and HIV infectivity. If legally required consent cannot be obtained, the County will use its legal resources to attempt to require compliance. When the source individual is already known to be infected with HBV or HIV, testing need not be done. The results of the source individual testing are made available to the employee. The exposed employee is informed of laws preventing the disclosure of the identity and infectious status of the source individual. When an employee reports an occupational exposure to a blood-borne pathogen, the employee's supervisor directs the employee to receive immediate medical attention at a County designated facility. If appropriate, the employee receives the hepatitis B vaccination. The County provides the medical clinic with documentation of the route(s) of exposure and circumstances under which exposure occurred. Also, the County provides results of the source individual's blood test, if available and all medical records relative to the employee's treatment including vaccination status. The County will provide to the employee a copy of the evaluating medical provider's written opinion within fifteen (15) days of completion of the evaluation. The opinion is limited to: 1) notice that the employee has been informed of the results of the evaluation; 2) notice that the employee has been advised of any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment; and 3) if HBV is indicated, whether or not the employee received a hepatitis B vaccination. All other findings or diagnoses remain confidential. All medical records are maintained in the 9-16 Draft Date: 08/27/2014 employee's medical file in the Human Resources Department. Specific departments within the County where exposure to blood-borne pathogens is at a greater than normal risk (i.e. Health Center, Public Health, County Jail, etc.) may have policies that are more job specific. Employees in these higher risk areas must familiarize themselves with the departmental rules and procedures regarding blood-borne pathogens in addition to the general County policy. Section 16 Employee Identification Badges. To improve the safety and security of the County staff and the public, identification cards are issued to all County staff and others as designated. The cards or badges serve to identify those who work for the County. They also identify the employees as they deal with the public, travel to other worksites, or their work takes them outside of the usual County sites for conferences, seminars, or case management and/or investigation situations. Eli ibili1y The following individuals are eligible to receive a County ID badge: 1) Elected Officials and appointed County officials; 2) employees officially employed by the County and currently carried on the County payroll; and 3) individuals providing volunteer, special, or contracted services (hereinafter referred to as designated individuals) and for whom the appropriate Department Head has requested that they be assigned a County ID badge, subject to the review and approval of the Human Resources Department or County Administrator. Maintenance and Control All new employees and designated individuals will receive their ID badge from the Human Resources Department. The Facilities Department controls the issuance of building and/or room access through the ID badges. In limited select situations, the Facilities Department may issue other electronic access control devices in addition to or in place of the badge. Specific employee access needs are to be authorized by the Department Head. Only one badge is issued to an employee. Upon termination from County employment, contract or volunteer services, all County ID badges must be returned to the supervising department on or before the last day of work. The ID badge remains the property of the County and the employee is responsible for maintaining it in an appropriate manner. An employee or designated individual who loses the employee's ID badge must notify the employee's Department Head immediately. The Department Head will make arrangements with the Human Resources Department to issue a replacement badge. The employee or designated individual is responsible for the $10.00 replacement cost of the card, payable to the County. Employee/Designated Individual Responsibilities Each employee/designated individual must sign a statement upon receiving the ID badge, agreeing to the following: 1) the ID badge is the property of the County and the employee is responsible for its care; 9-17 Draft Date: 08/27/2014 2) no alterations or additions can be made to the ID badge; 3) the ID badge cannot be given or loaned to any other person; 4) the employee/designated individual must wear the ID badge during work hours and display it in a visible location at the waist or higher. Department Heads can exempt employees from wearing the ID badge on their person, if they already have their name as part of a uniform or if there are safety issues in dealing with hostile or difficult customers or clients. Department Heads can also authorize the covering over of the last name of the employee, if there are safety risks involved, but the covering must be easily removable so as to display the entire name if so requested by someone in authority; 5) if the employee cannot routinely wear the ID badge it must be easily accessible upon request. Accessibility means in a pocket, purse, wallet, or at the employee's desk or workplace. It is not acceptable to "access the card upon request" by retrieving it from the employee's car or home; and, 6) lost, stolen, or damaged cards must be reported immediately and replaced at employee expense of $10.00 per card. Inappropriate Usages The employee ID badges cannot be used for any purpose other than identification and entry into card-controlled buildings and rooms. They cannot be: 1) scanned, reproduced, duplicated, or photocopied; 2) left in the direct sunlight (for example, in a work window or the dash of a car); 3) exposed to extreme heat or open flame (for example, a clothes dryer); 4) used as an ice scraper or scraping tool; 5) crimped, bent, or twisted; or 6) machine washed, re-laminated, or punctured. Policy Violations Violations of the ID badge policy are subject to the disciplinary procedures outlined in this Handbook. Depending upon the seriousness of the policy violation, it may result in immediate suspension and termination. 9-18 Draft Date: 08/27/2014 ARTICLE 10 EMPLOYEE BENEFITS Eligibility A fringe benefit package is available to regular employees working in positions that average twenty (20) or more hours per week. Except as provided in this Article, regular employees working thirty-five (35) or more hours per week are eligible for all the benefits documented herein. Except as provided in this Article, regular employees working an average of twenty (20) or more hours per week, but less than thirty-five (35) hours per week are eligible for the same benefits, but on a pro-rated basis depending upon average number of hours worked per week. Temporary employees and Part- time II employees (see Article 5), are not eligible for most benefits. See provisions for each benefit as defined herein. Employees working at least two-thirds of what is considered full-time employment (1200 hours) are eligible for the Wisconsin Retirement System. All employees are eligible for the Social Security deductions known as FICA. All County employees are covered by the County's Worker's Compensation program and liability insurance. Temporary employees on a special grant or project may have their Worker's Compensation provided by an outside funding source. Because of their unique positions as elected officials within the County, those employees occupying elective positions, specifically the Sheriff, County Clerk, Clerk of Court, Register of Deeds, and Treasurer, are not subject to the fringe benefit package offered to the other regular, full-time, non-represented employees. However, they will be allowed to participate in the same manner in the County's health insurance, life insurance, long-term disability, Section 125, and deferred compensation plans. Wages for the elected officials are set by the County Board prior to taking out nomination papers. Per Wisconsin Statutes, an elected official's salary may not be raised during the term of office through actions of the County Board. Benefit Eli ig bility. To be eligible for the County benefit package, an employee must be in one of two "Regular" categories, either Regular Full-Time or Regular Part-Time I. Employees must work an average of twenty (20) hours per week or more in a "Regular" position to qualify for benefits. An employee working in a Temporary classification, regardless of the number of hours worked, or in a Regular Part-Time II classification (i.e. less than twenty [20] hours per week) does not qualify for the County's benefit package. If it is anticipated that the employee in the Temporary or Part-Time II classification will be working two-thirds of what is considered full- time employment or twelve hundred (1200) hours or more hours within a twelve (12) month period of time, that employee will be eligible for the Wisconsin Retirement System. Effective 7/l/11, a new employee that has previously worked for a WRS employer will be eligible if expected to work six hundred (600) hours in a twelve (12) month period. All County employees, regardless of the number of hours worked, may qualify for the provisions of Worker's Compensation. Exceptions to this may include project or grant employees, contract employees, independent contractors, and other agency employees. It is necessary to check with the Department Head or the Human Resources Department to determine the status of one of these employees. 10-1 Draft Date: 08/27/2014 Section 5 Pro-Rated Benefits for Part-Time I Employees. Employee's eligible for the County's benefit package, but in positions of less than thirty-five (35) hours per week will have pro-rated benefits. That is, benefits based upon the average number of hours per week assigned to each position. The average number of hours assigned to each position should be reflected in the department's annual budget. The Department Head or designee may request that the stated number of hours worked for benefit purposes be changed to reflect increases or decreases in hours that have taken place on a consistent basis over time. The request must be made to the Human Resources Director or a designee. If the part-time hours change to the extent that the employee is no longer working at least an average of twenty (20) hours per week, the employee will no longer be eligible for benefits. In calculating the benefits for regular part-time employees, each employee is assigned a percentage of time that reflects the usual average number of hours worked per week. For example, an employee assigned to work an average of twenty (20) hours per week would be a 50% employee. A full-day holiday would be equal to four (4) hours for this individual. An employee assigned to work an average of thirty (30) hours per week would be a 75% employee. A full-day holiday would be equal to six (6) hours for this individual. All percentages are based upon a 40-hour per week standard. For more information regarding the benefits available to part-time employees, refer to the specific benefit noted elsewhere in the handbook (i.e. PTO, retirement, health insurance, life insurance, etc.). Bereavement Leave Section 1 Definition. Bereavement Leave is time-off granted to an eligible employee who is dealing with the death of a member of the employee's immediate family as defined in Section 3. To be eligible for bereavement leave, the employee must have passed the employee's review period and work an average of 20 hours or more per week in a regular position. Authorized bereavement leave is not deducted from the employee's Personal Time Off Account or Long Term Sick Leave Bank. Section 2 .Terms and Conditions. Except by mutual agreement, paid bereavement leave begins the day following the death of the employee's immediate family member(s) and is only for those days in which an employee lost work time. It is not available for those days in which an employee is not required to report to work. Unless extraordinary circumstances prevail, the employee on Bereavement Leave is expected to attend the funeral. Bereavement leave is not paid if the employee is on PTO, sick leave, a leave of absence, worker's compensation leave, lay-off, Holiday, or other non-work status. The employee may be asked to substantiate the claim for bereavement leave. An employee who takes bereavement leave must report it on the employee's regular Employee's Time Record. Section 3 Definition of Immediate Family and Schedule for Bereavement Leave. A. Up to five days for spouse, domestic partner as defined by the State of Wisconsin, child/stepchild, parent, brother, sister, or grandchild. 10-2 Draft Date: 08/27/2014 B. Up to three days for stepparent, grandparent, son-in-law, daughter-in-law, father-in-law, or mother-in-in-law. C. One day for aunt, uncle, brother-in-law, sister-in-law, niece, or nephew. If additional time is needed, an employee may request to use accumulated PTO or comp time. Civil Leave An employee is given time off with pay when subpoenaed to appear before a court, public body, or commission in connection with County business. Any witness fees received, less travel allowance, are to be returned to the County Treasurer. An employee, upon request, may be given time off, credited against any time remaining in the employee's PTO account, to appear under subpoena on the employee's own behalf in litigation involving personal and/or private matters. All County employees, union or non-union, who meet eligibility requirements for regular status, are subject to the provisions of Civil Leave. County Business Leave Employees requested by another county or organization to participate as a resource person in a program directly related to their area of work or expertise, shall be allowed time off from work, with pay, to attend, provided that the request is approved by the Department Head and the Human Resources Department. Any compensation received as a result of the employee's service is turned over to the County Treasurer, excluding expense reimbursements. Deferred Compensation Programs Section 1 Eli ig bility. Employees working an average of twenty (20) or more hours per week in a regular position in the County are eligible to participate in the deferred compensation programs offered through a payroll deduction by the County. The County offers three deferred compensation programs on a voluntary basis to its employees. Section 2 Definition. Deferred compensation is a tax-favored savings program that allows public employees to contribute a portion of their salary before taxes to a savings account. This is provided for in the Internal Revenue Code, Section 457 and offered exclusively to public employees. Section 3 Recruitment. Two or three times each year the County provides for the recruitment of members into the payroll deduction plan. At that time, participating employees may change their contribution levels or account designation. Materials regarding the deferred compensation programs are available from the Human Resources Department. Eligible employees will be notified at the time that open recruitment is available semi-annually. 10-3 Draft Date: 08/27/2014 Dental Insurance The County provides a voluntary dental insurance program for its employees. The choice of participation is at the discretion of the employee, who bears all costs for the monthly premium. Coverage is available for employee, employee and spouse, employee and child, and family. Employees who choose to participate in the program have the premiums paid through a payroll deduction. The dental insurance program is eligible for the Section 125 Plan. Enrollment and plan coverage information is available from the Human Resources Department. Employee Assistance Program (EAP) Section 1 Program Recognition. The County recognizes that a variety of physical and/or psychological problems may interfere with the ability of the individual employee to perform satisfactorily on the job. In most instances the employee will overcome such personal problems independently and the effect on job performance will be negligible. In other instances, normal supervisory assistance will serve either as motivation or guidance by which such problems can be resolved so the employee's job performance will return to an acceptable level. In some cases, however, neither the efforts of the employee nor the supervisor has the desired effect of resolving the employee's problems and unsatisfactory performance persists over a period of time, either constantly or intermittently. Therefore, it is the policy of the County to handle such problems within the framework outlined herein. Section 2 Problem Recognition and Follow-up. The County recognizes that almost any human problem can be successfully treated, provided that it is identified in its early stages and referral is made for an appropriate diagnosis and treatment. The purpose of this policy is to assure that any employee suffering from a wide range of problems, including but not limited to any of the following, receives the same careful consideration and referral to counseling and/or treatment that is now extended to employees with other illnesses. 1) marital; 2) vocational; 3) legal; 4) financial; 5) alcohol or drug abuse; 6) parent-child relationships, or others. The County recognizes that one of the functions of a supervisor is to identify poor performance and to take corrective action. Corrective action is based upon the supervisor's role relative to the employee's job performance and not a clinical or diagnostic assessment of an employee's problem. Proper corrective action then, is to refer the employee to the designated source coordinator for proper diagnosis and treatment referral. Referrals can be made to the Human Resources Department or directly to the Employee Assistance program. Section 3 Employee Participation. Referral for diagnosis or acceptance of treatment does not jeopardize an employee's job security or promotional opportunities. An individual's participation in the program remains confidential. Medical records, if any, are preserved in the same confidential manner as other medical records. 10-4 Draft Date: 08/27/2014 An employee's job performance may also be affected when a member of the family is afflicted with the same or similar problems. For this reason, the County extends the same offer of assistance to any member of their immediate family. Section 4 Refusal to Participate. When an employee refuses to accept assistance, diagnosis, or treatment or fails to respond to treatment or assistance, the Department Head or supervisor handles the situation as any other problem of deteriorating job performance would be handled. It is the responsibility of the employee to comply with referral for diagnosis and to cooperate with properly prescribed treatment. Section 5 Additional Stipulations. In instances where it is necessary, Personal Time Off or the Long Term Sick Leave Bank may be used for treatment or rehabilitation on the same basis that it is granted for other health-related problems. Employees are encouraged to voluntarily seek assistance on a confidential basis. The County's Employee Assistance Program will provide referral services for the employee and may, if requested by the employee, provide for a treatment program as well. The initial referral screening done through the County's Employee Assistance Program is of no charge to the employee. Up to three face to face visits are also available at no charge to the employee. However, additional treatment or referral is a financial obligation of the employee. The employee should review the employee's insurance policy to determine what coverage's, if any, are provided through the policy and what, if any, restrictions are placed upon the choice of service providers. Implementation of this program does not require or result in any special regulations, privileges, or exemptions from the standard administrative practices applicable to job performance, except as may be outlined in departmental policies or a labor/management agreement. The fact that an employee accepts, rejects, or fails to respond to treatment or assistance for personal problems in no way diminishes the employee's responsibility to meet the required job performance standards. Health Insurance Section 1 Eligibility. A group health insurance policy is available to employees. To be eligible for health insurance coverage, the employee must be working an assigned average of thirty (30) or more hours per week in a regular position. Employees determine the kind of coverage they desire, family, single + one, or single. Eligible employees enroll in the health insurance program when they begin employment with the County. The employee must apply for health insurance within thirty (30) days of starting employment with the County. Exceptions occur when a qualifying family status change occurs such as a current employee who is covered by the employee's spouse's health insurance plan loses that coverage. This could be because of the death of the spouse, divorce, or elimination of the spouse's policy (i.e.; lay-off, termination, retirement, etc.). Should this occur, it is the responsibility of the County employee to notify the Human Resources Department immediately and complete the necessary paperwork to extend coverage. Section 2 Coverage. Insurance coverage begins on the first of the month following a minimum of thirty days from date of hire (i.e.; an employee hired on January 8 would begin health 10-5 Draft Date: 08/27/2014 insurance coverage on March 1).The County has a self-funded health insurance program with administrative services and blanket (stop-loss) coverage provided by a private carrier. Current insurance premium rates are made available to each employee through the Human Resources and/or Finance Departments. Detailed rates indicate the level of monthly participation for the County and for the employee. The County continues to pay its contribution toward the premium for employees who are on Worker's Compensation. Employees who elect not to participate in the County's insurance programs do not receive a payment in lieu of the insurance coverage. Section 3 Health Insurance While on Unpaid Leave. Employees on unpaid leaves of absence must pay the entire premium in order to assure continued health insurance coverage (see Family and Medical Leave Act for exceptions, Article 17). Section 4 Health Insurance for Retirees. Employees retired from the County may continue group health insurance coverage by paying the entire premium in a timely fashion to the Finance Department. Upon retiring from the County, the employee must choose immediately if the employee wishes to continue health insurance coverage. Retirees cannot defer health insurance coverage for a later date. Once retiree coverage has been terminated, it cannot be re-instated. Employees terminated in good standing (but not retiring) from the County may continue group health insurance coverage for a period of time as directed by the provisions of COBRA. Retirees age 65 and older are not eligible to continue on the county's health insurance plan. Section 5 Payments to Finance Department. In all situations where employees or former employees are paying premiums for health insurance, these premiums must be paid to the Finance Department prior to the tenth of the month for coverage during the following month (i.e.; payment by March 10 for April coverage). Group health insurance enrollment materials are available from the Human Resources Department. Questions or concerns should be directed to the Human Resources Department. Holidays Section 1 Recognized Holidays. The County recognizes the following holidays for employees: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Friday after Thanksgiving Christmas Eve Day Christmas Day Effective January 1, 2015 this language shall apply to Health Center employees. Usually employees do not report to work on designated holidays, but are paid for the work day. Holiday pay is defined as a day's pay determined by the individual employee's rate of pay times 10-6 Draft Date: 08/27/2014 the number of hours regularly worked on a scheduled work day. To be eligible for Holiday pay, an employee must be on the active payroll of the County and in pay status on the employee's scheduled work day before the Holiday and the employee's scheduled work day after the Holiday. Section 2 Rotating Shifts. Employees who are part of a rotating shift of workers (communications center, law enforcement) receive a day's pay as Holiday pay in addition to the regular pay they receive if scheduled to work on a Holiday. Holiday pay is paid out within the pay period that the holiday occurs. Section 3 Holidays on Non-Scheduled Days. Should a Holiday fall on a day in which the County has no scheduled work, the nearest scheduled regular work day is considered to be the Holiday. Should a Holiday fall on a Saturday, it will be celebrated on the preceding Friday; should a Holiday fall on a Sunday, it will be celebrated on the following Monday. Section 4 Part-time Eli ig bility. Regular part-time employees must be working an average of twenty (20) or more hours per week to be eligible for Holiday pay. A part-time employee is assigned a percentage of time that reflects the usual "average number of hours worked per week". For example, an employee assigned to work an average of twenty (20) hours per week would be a fifty percent (50%) employee. An employee assigned to work an average of thirty (30) hours per week would be a seventy-five percent (75%) employee. All percentages are based upon a forty (40) hour per week standard. For calculation of Holiday time, the employee receives the percentage of time that the employee is usually scheduled to work per week (i.e.; 50% of 8 hours or 75% of 8 hours). Jury Leave Section 1 Conditions of Leave. An employee selected for jury duty or as a witness for the County endorses the check for such duty and returns it to the County Treasurer. The employee continues to receive the employee's usual full pay for the time lost while serving on jury duty or as a County witness. The employee should notify the Department Head or supervisor immediately upon receipt of a summons/subpoena for jury duty or as a witness. The employee, who completes jury duty or is not selected to participate on the jury, must return to work as soon as possible. Section 2 Expenses. In case an employee is called as a witness for the County, as stated above, the employee is reimbursed for all expenses incurred. Life Insurance Section I Terms of Coverage. The County provides an employer-paid group life insurance plan to eligible employees in an amount equal to the employee's annual salary, rounded up to the nearest thousand. To be eligible, an employee must be working an average of twenty (20) or more hours per week in a regular position. The coverage also includes compensation for accidental death, dismemberment, or loss of sight. Employees have an obligation to make 10-7 Draft Date: 08/27/2014 application for the life insurance policy within the same time period as application for health insurance. Section 2 Employee Options. In addition to the basic life insurance plan, options are available at employee expense. The employee may elect to take an additional 1X, 2X, or 3X the employee's life insurance coverage through a payroll deduction. Also available at employee cost is the option of providing $5,000, $10,000, or $25,000 in life insurance for the employee's spouse and $10,000 in life insurance for each child. Copies of the benefit plan and prevailing monthly rates are available from the Human Resources Department. Effective January 1, 2015 the County shall provide basic life to employees at the Health Center. Longevity The County does not make monetary payments to employees in recognition of longevity (length of service) to the County. Long-Term Disability Insurance Section 1 Terms of Coverage. The County provides an employer-paid long-term disability insurance plan for eligible employees. To be eligible, an employee must be working an average of twenty (20) or more hours per week in a regular position. The coverage provides for an on- going pay-out of sixty (60) percent of the employee's regular rate of pay after a qualified disabling illness or injury has occurred. There is a waiting period, beginning at the time of illness/injury, of ninety (90) calendar days or the exhaustion of the employee's sick leave bank, PTO account, compensatory time, and any other paid time that may be utilized--whichever is longer. Booklets outlining the specific coverage's are available from the Human Resources Department. Effective January 1, 2015 the County shall provide employer paid long-term disability to employees at the Health Center. Military Leave Section 1 Military Training/Encampment. An eligible employee who, by reason of membership in the United States Military Reserve, is ordered to attend training or encampment, is granted a leave of absence from the employee's position without loss of pay or benefits for a period not to exceed ten (10) working days in any calendar year. It is intended that the County will pay the employee the difference between the employee's daily military pay and the employee's normal County daily rate, assuming the County rate is greater. To receive such a leave, the employee must be in work status with the County in a regular position working an average of twenty (20) or more hours per week. The employee must file a copy of the service orders with the Department Head at least two (2) weeks prior to the date training or encampment begins. Section 2 Re-Employment Rights. A County employee who enters long-term military duty retains employment rights as provided by the Uniformed Services Employment and Re- 10-8 Draft Date: 08/27/2014 Employment Rights Act of 1994. Details of these rights and responsibilities can be obtained from the County Veterans' Service Office. Personal Time Off (PTO) The County offers a non-traditional leave package which encourages employees to carefully plan their time away from work and maximize time spent on the job. It is the County's belief that employees empowered to control their time at work and away from work will do so judiciously and responsibly. Section 1 Definition. Personal Time Off ("PTO") is a benefit which combines traditional sick leave, vacation time, and a floating holiday into a singular package known as PTO. The employee can use hours from the employee's PTO Bank at the employee's discretion provided that the supervisor or Department Head has approved the request. A supervisor or Department Head may ask for a physician's documentation when PTO is taken due to illness and there has not been prior approval of the time off. Section 2 Multiplier. Each employee earns PTO for every pay period based upon the number of regular hours (not overtime hours) that an employee is paid during the pay period. The payroll hours are tied to a multiplier, based upon years of service, and a new accrual amount is added each pay period. For employees working a forty (40) hour per week schedule, the number of hours paid each pay period would be eighty (80). For an employee working a twenty (20) hour per week schedule, the number of hours paid each pay period would be forty (40). PTO is determined by taking the number of regular hours paid each pay period, excluding overtime, multiplied by a pre-determined multiplier. This results in the amount of PTO time earned. The multiplier varies with years of service, as noted below, effective with all new hires on or after May 1, 1995. Employees in non-represented status prior to that date are "grandfathered" at the multiplier rate that was in effect prior to May 1, 1995. Years of Service Multiplier Used Grandfather Rate 0-4 .0885 .08846 5-9 .1077 .11923 10-14 .1173 .12500 15-19 .1269 .13077 20+ .1384 .14230 Effective January 1, 2015 Health Center employees shall be assigned to the appropriate accrual rate as indicated above if hired under the lower accrual as contained in previous labor agreement. 10-9 Draft Date: 08/27/2014 PTO Service Credit at Hire The Department Head may, at their discretion, recommend to the Human Resource Director that a new hire be given credit for length of service for employment experience directly related to the position to which the employee is being appointed or to match the current leave accrual provided by the employee's most recent employer. The recommendation must be in writing and based on the Department Head's assessment of the employee's qualifications beyond the minimum requirements, recruitment considerations, or service accrual provided by the employee's previous employer. The length of service credit plus the employee's subsequent actual length of service with the county will be the basis for future accrual determinations. No additional length of service credit shall be granted after initial appointment to the county. Human Resources will track new employees granted service credit towards a higher multiplier or a starting bank of PTO time as part of the recruitment process Section 3 Personal Sick Leave Bank. An employee who is sick uses their PTO account for the missed time. However, the employee has the annual option of placing some of the employee's PTO time into a Personal Sick Leave Bank. Once an employee has time in the employee's Personal Sick Leave Bank, the employee can tap into this account anytime that a single occurrence illness/injury results in the loss of more than three days time. When that option is selected, the deduction reverts back to the first day, so that the first three days are deducted from the Personal Sick Leave Bank (not the PTO account), plus the additional sick days used. To utilize the Personal Sick Leave Bank, the employee may be asked to submit documentation from a physician to verify illness or injury. The County reserves the right to have a second medical opinion at its own expense. Section 4 PTO Accumulation Limits. The PTO accumulation of hours cannot exceed 320 hours for a full-time employee and 240 hours for a part-time employee. Full-time employment is defined as working an average of thirty-five (35) or more hours per week; part-time is defined as working an average of twenty (20) to thirty-four and nine-tenths (34.9) hours per week. Anytime the total number of accrued PTO hours is in excess of what is permitted, the excess hours are automatically subtracted from the total and the employee remains at 320 hours (full-time) or 240 hours (part-time). Excess hours will be transferred to the employee's long term sick bank. Section 5 Personal Sick Leave Bank Accumulation Limits. An employee can add to the employee's Personal Sick Leave Bank annually as defined below. There is no cap on the accrual of hours into the employee's Personal Sick Leave Bank. Section 6 Annual PTO Options. The Personal Sick Leave Bank can be replenished annually. At the end of each calendar year, the employee has the option of taking up to ninety-six (96) hours for full-time or forty-eight (48) hours for part-time out of the employee's PTO account and placing the hours into the employee's Personal Sick Leave Bank. At calendar year end the employee can also take up to forty-eight (48) hours for full-time or twenty-four (24) hours for part-time out of the employee's PTO account and convert it into cash, 10-10 Draft Date: 08/27/2014 based upon the employee's hourly rate of pay on December 31. If this option is chosen, a payroll check will be issued the following January for the selected number of hours. The employee also has the option of carrying over all of the employee's PTO hours into the new calendar year. If the employee does not choose to convert hours to their Personal Sick Leave Bank or to cash, the PTO hours will automatically be carried forward into the new calendar year. Section 7 Termination in Good Standing. When an employee leaves the County in good standing the employee is paid for all PTO hours that remain in the employee's account. There is no pay-out for the Personal Sick Leave Bank unless termination is a retirement or an active employee death (Section 9). Section 8 Retirement from County Employment. Retirement is defined as any employee who, upon retirement from the County, is immediately eligible to receive a pension from the Wisconsin Retirement System. When an employee retires from the County, the Personal Sick Leave Bank accrued time will be converted into a cash-equivalent to be deposited into a Retirement Health Savings Plan. The money can be used to pay for qualified medical expenses as defined under Section 213 (d) of the Internal Revenue Code on a tax-free basis. Deposit made to the account shall be tax free to the employee. The Retirement Health Savings Account will allow employees at retirement to self-direct their funds in to a variety of investment vehicles. Withdrawals from the account shall be limited to qualified medical expenses only. There will be no cash-out of the personal sick leave bank available to qualified employees at retirement. Accounts will be 100% vested at time of deposit. Upon the retired employee's death, the account balance can be used by a surviving spouse or eligible dependent. Section 9 Death While An Active Employee. If an employee dies while in active employment status with the County, the employee's spouse may be eligible for the "retirement" health insurance option outlined in Section 8. First, the employee must meet the retirement criteria as defined in the 1997 Wisconsin Act 58, Wisconsin Retirement System. The deceased employee must be age 55 or older (age 50 for protective service) and have a spouse. The deceased employee's PTO Bank and Personal Sick Leave Bank will be handled as defined in Section 7 and Section 8. Section 10 Restrictions. PTO hours and the Personal Sick Leave Bank are for the personal use of the employee only. However, PTO hours can be given away per Section 14 of this Article. Should the PTO balance fall below "0", the employee will immediately receive deductions in the employee's pay to compensate for any PTO time taken in excess of the accrued hours. Should this happen, the employee must take immediate action or be subject to the disciplinary procedure. An employee cannot be paid for time at work and receive PTO pay at the same time. PTO cannot be used in the same payroll period in which it was earned. PTO is designed to provide for effective planning of work hours and time away from work. Although the PTO plan encourages employees to maximize time spent on the job, it should not be construed as serving to limit vacation time or sick leave time. Employees who are ill should 10-11 Draft Date: 08/27/2014 not report to work. Department Heads or supervisors have the right to judiciously assess the health of an employee and, if the employee is deemed to be "too sick to work", the Department Head or supervisor can send the employee home. An employee asking for Unpaid Leave must use all of the hours the employee has accumulated in the employee's PTO account before the request will be considered. An employee asking for Unpaid Leave because of a lengthy illness or injury is required to use the hours in the employee's Personal Sick Leave Bank, PTO Account, and any compensatory time before the request will be considered. See Article FMLA 17 for additional information. Employees can use PTO in increments of not less than one-quarter (1/4) hour. Because the nature of the work varies within departments, some Department Heads or supervisors may stipulate that all PTO must be used in increments that are substantially greater than one-quarter (1/4) hour. Review the applicable departmental rules to determine specific restrictions. Section 11 Advance Notice. Employees shall be allowed to use PTO as requested provided that supervisory approval is received. When an employee is requesting PTO time for a personal illness or injury, the employee must report the need for same at least one (1) hour before the start of the work day or shift, except in cases of emergency or development of the illness during work hours. Employees designated as providing uninterruptible services (for example, telecommunications, direct patient care, etc.) should report personal illness or injury at least two hours prior to the start of the work day or shift, except in case of emergency or development of illness during work hours. As a condition of granting PTO time for a request that was not pre-approved, the County reserves the right to require the employee to submit a physician's statement of illness or injury. In the event that an employee is aware in advance that an illness or injury will result in time away from work, it is the duty of the employee to notify the employee's supervisor, in writing, as far in advance as possible of the anticipated time and duration of the time away from work. An employee on medical leave of forty hours or more shall be required to present a physician's statement to return to work. The County reserves the right to have a second medical opinion at its own expense. Section 12 Elected Officials. Elected Officials are not eligible for Personal Time Off. They do not accrue hours into a PTO bank or a Personal Sick Leave Bank. If a regular County employee becomes an Elected Official in the County, the employee's accumulated PTO account is paid out prior to the job change. There is no additional accrual into the PTO bank. The accrued Personal Sick Leave Bank is "frozen". That is, any earned time the employee accrued into the Personal Sick Leave Bank is placed in holding at the number of hours and the rate of pay in effect prior to the time the employee takes office. If the employee returns to a regular County position immediately after serving in the capacity of an elected official, (without ever leaving the County employment) the Personal Sick Leave Bank is restored and the employee begins a new accrual into the PTO account. If the employee retires (under the terms of the Wisconsin Retirement System as defined in Section 8) immediately after 10-12 Draft Date: 08/27/2014 leaving the elected position, the employee converts the "frozen" Personal Sick Leave Bank under the terms of employee retirement as outlined in Section 7. Any conversion to cash or health insurance premiums would be at the frozen rate of pay. If the employee leaves the elected position without returning to County employment immediately and without retiring under the terms of the Wisconsin Retirement System as defined in Section 8, any accrued time in the Personal Sick Leave Bank is forfeited. Section 13 PTO Donation Program. Introduction The County PTO donation program allows permanent employees to voluntarily donate PTO leave to other permanent employees who have been absent from pay status due to a serious illness/injury for which no eligible paid leave benefits or replacement income are available. All requests for participation in the program are treated in a highly confidential manner. These donations are a conditional benefit and not a right of employment. Serious illness or injury requires the employee or immediate family member to receive continuing treatment for an extended period of time. Examples of serious illness/injury include cancer, major heart attacks, hospitalization, disabling accidents and other FMLA qualifying serious health conditions. Determining Recipient Eli ig bilily To be an eligible recipient an employee must satisfy all of the following conditions: 1) Must be working in a permanent position with the County that is eligible for benefits and have completed the first twelve (12) months of service as an employee; 2) Must be eligible to accrue and use PTO; 3) Be on an approved unpaid leave due to a serious illness/injury of the employee, employee's spouse or dependent child. The unpaid leave may be taken in noncontiguous increments; 4) Have provided medical certification of the seriously incapacitating illness/injury; 5) Must not be receiving worker's compensation benefits and must have exhausted all available leaves (PTO, Long Term Sick Bank, Comp Time). Potential recipients must fill out a "PTO Donation Program Application" form, including authorization for release of medical documentation, and submit to the Human Resources Director with a signed and dated statement from a physician that contains the following: • Nature of the illness/injury • Prognosis • Anticipated return to work date • If applying due to an injured/ill spouse or dependent child, the medical statement must include the reason the employee's attendance is necessary to provide direct care and the type of direct care required. Applications for participation in the PTO donation program will be reviewed by the Human Resources Director. The request for PTO donation may be denied for a variety of reasons including the ineligibility of the qualifying event, the ineligibility of the employee for the Program, an incomplete application, or a pattern of leave abuse. The Human Resources Director will inform the applicant of the decision to approve or deny. 10-13 Draft Date: 08/27/2014 Determining Donor Eligibility Potential donors must fill out a "PTO Donation Authorization" form. To be eligible to donate PTO, an employee must be eligible to accrue and use PTO, and must have an earned balance that equals or exceeds 40 hours. A donor must have completed the first twelve months of service as an employee. A donor may donate not less than 2 hours and no more than 12 hours of PTO to any employee at a time. The 2-hour limit will be prorated for part-time employees. A donor may donate to any recipient who is determined to be eligible for the program. PTO will be donated in whole-hour increments and on an hour-for-hour basis irrespective of the base hourly rates of the donor and recipient. Once donated, PTO hours will be used as the employee needs them on a basis of when received. Hours not needed will be not be deducted from the donor's PTO balance. Donations are not tax deductible. The identity of donors and the number of hours donated are private data. PTO Usage by Recipients Donated leave will be processed only after a PTO donation application has been approved by the Human Resources Director. A recipient may not receive more than 640 hours of donated PTO during any calendar year. The 640 hour limit will be prorated for part-time employees. For example, a 50 percent employee will be limited to 320 hours during any calendar year. Donated PTO will be used on a first-in, first-out basis as determined by the date of receipt of the donor authorization form at the Human Resources Department. In any biweekly pay period, a recipient may only use the lesser of the following: • 80 hours of leave; or • The number of hours consistent with the recipient's regularly scheduled hours per pay period at the time the recipient's unpaid leave began, unless the employee is working a reduced schedule due solely to the catastrophic need. "Regularly scheduled hours" does not include overtime hours or hours worked in excess of the employee's budgeted FTE. Leave time earned by the recipient while using donated PTO will be used prior to using donated PTO hours. A recipient is eligible to be paid for any legal holiday which falls during a pay period in which donated leave is used for either the last scheduled work day immediately preceding or the first scheduled work day immediately following the holiday. Donated PTO hours will not be reflected on the recipient's official leave accounting balance until the pay period in which the credits are actually used by the recipient. 10-14 Draft Date: 08/27/2014 Section 125 Plan (Flexible Benefits Program) The Section 125 Plan is a federal program that permits employees to set aside pre-tax dollars as part of a payroll deduction in four major areas: medical & dental insurance premiums, unreimbursed medical expenses, and child care. The voluntary election to participate in the Section 125 Plan occurs at the time of hire and once annually for continuing employees. Information regarding the Section 125 Plan is available from the Human Resources Department. Social Security The County participates in the federal Social Security (FICA) program and all eligible employees receive regular deductions on their behalf. Social Security contributions are made on a matching basis by the employer and employee and are subject to annual changes and the laws and administrative rules promulgated by the federal government. Unemployment Compensation The County provides Unemployment Compensation for those terminated employees who qualify. Wisconsin unemployment laws govern the administration of this program. The Human Resources Department coordinates Unemployment Compensation claims for the County. United Way Payroll Contributions Employees who choose to participate in the United Way payroll contribution plan have automatic deductions taken from each paycheck and sent to the designated United Way program. The amount of contribution is at the discretion of the employee. Applications to participate in this voluntary program are available from the Human Resources Department. Unpaid Leave Section 1 Eli ig bility. To be eligible for an unpaid leave of absence, the employee must be working an average of twenty (20) or more hours per week in a regular position. An unpaid leave of absence is not granted to an employee until the employee has exhausted all other paid forms of leave--PTO, compensatory time, sick leave, etc. An unpaid leave of absence cannot be extended beyond one calendar year. At that point in time, the employee is considered to have forfeited the employee's job with the County. An unpaid leave of absence is not granted for the taking of other employment. An employee who does so is considered to have resigned the employee's position with the County. A request for an exception to this would need to be approved by the Administration Committee. Section 2 Making Application. Application for unpaid personal leave is made, in writing, to the Department Head. The request must state the reason for, purpose of, and length of the leave. The request should be made at least thirty (30) days prior to the start of the leave except in extreme emergencies. Leaves of up to ten (10) working days may be granted by the Department Head, in 10-15 Draft Date: 08/27/2014 consultation with the Human Resources Department. Leaves in excess of ten (10) working days are reviewed by the Human Resources Department. After reviewing the nature and circumstances of the leave, the Human Resources Department may choose to refer the request to the County Administrator. Section 3 Benefit Status. If an employee on Unpaid Leave is in pay status for eleven (11) or more workdays within the month, the County will pay the appropriate employer portions of the monthly insurance premiums. If the employee is not in pay status for eleven (11) or more workdays within the month, the employee may continue participation in the insurances only if the employee makes the entire premium payments. Once an employee has voluntarily opted out of the insurance programs, the employee is subject to a health history and an underwriter's review to determine if re-admission will be granted. Section 4 Unauthorized Leave. An employee who is absent from work without approval receives no pay for the duration of the absence and is subject to disciplinary action involving failure to report to work. An employee who is absent from work without authorization for three (3) or more days is considered to have resigned from employment with the County. Wisconsin Retirement System Section 1 Eligibility. The County's retirement program is administered in accordance with applicable Wisconsin Statutes. It provides for an Employer Share and an Employee Share contributed to the employee's fund. The retirement program is administered by the Department of Employee Trust Funds under the auspices of the State of Wisconsin. Contribution rates vary with classification status: elected, protective service (certified law enforcement), and general employee. Retirement rates are subject to annual changes based upon the actions of the State of Wisconsin. The County will pay one-half of the total actuarially required contribution. The employee portion will be deducted from the employee's paycheck on a pre-tax basis. To be eligible for participation in the Wisconsin Retirement System, the employees must be scheduled to work at least two-thirds or twelve hundred (1200) hours of what is considered full-time employment in order to be eligible for WRS. New hires that have previously worked for a WRS employer shall have be grandfathered to 600 hours per year for eligibility. Section 2 Handbook Availability. Handbooks outlining the features of the Wisconsin Retirement System program are available from the Human Resources Department or by contacting the Department of Employee Trust Funds at P.O. Box 7930, Madison, WI 53707. Section 3 Separation Benefits. If you terminate your employment with the County before you reach normal retirement age, you can apply for a separation benefit. The separation benefit includes mandatory employee contributions made to your account plus accumulated interest. Once you apply for and receive a separation benefit, your account is closed and all rights to any benefit based upon the service credits earned prior to that separation are forfeited. Even though you terminate employment with the County, you may leave your contributions in the Wisconsin Retirement System until you reach retirement age. Employees need to contact the Department of Employee Trust Funds directly to receive a separation benefit. 10-16 Draft Date: 08/27/2014 Section 4 Retirement Benefits. If you retire from the County you can apply for retirement benefits. This application must be made directly with the Department of Employee Trust Funds in Madison. Retirement is defined as "receiving a pension from the Wisconsin Retirement System". Consultants at the Wisconsin Retirement System will assist you in determining which of several pay-out options is best for your retirement situation. Work Related Injuries or Illnesses Section 1 Work Related Injuries or Illnesses Coverage Eli ig bility. County employees who are injured or become ill in the course and scope of their employment are eligible for Workers Compensation benefits. Volunteers and independent contractors are not eligible for Workers Compensation benefits. Any illness or injury which occurs at work must be reported to the employee's Supervisor , and an incident report form immediately processed to the Risk Manager. Not all injuries or illnesses which occur at work are a result of job related duties so the County's Workers Compensation Insurer will determine if the illness or injury qualifies for Workers Compensation coverage. Section 2 Employer Responsibility. The County is responsible for arranging immediate medical attention for the injured or ill employee. The County provides for quick submission of the incident report and related follow-up materials to the insurer. Section 3 Lost Work Time. The employee must use accrued PTO to account for hours between the time of the injury/illness and the usual end of the work day if the employee is unable to return to work on the date of the injury. The next three (3) days missed from work due to the injury or illness are accounted for with the employee's PTO or Leave Without Pay. If the employee is unable to return to work for more than three (3) working days after the date of injury, Worker's Compensation lost time payments begin. If the employee is unable to return to work for more than seven (7) days after the date of injury, the Worker's Compensation system goes back to pick up the first three (3) days and the employee's PTO is reimbursed. Worker's Compensation lost time payments do not cover 100% of the injured employee's pay. Worker's Compensation lost time payments are approximately two-thirds (2/3) of the employee's usual compensation. Employees can use PTO or Long Term Sick Bank hours to make up for the difference between the Workers Compensation reimbursement amount and 100% of pay. The Risk Manager will work with the injured employee and their supervisor on the payroll processing of time missed from work due to an employee's work related injury or illness.; Section 4 Benefit Continuation. Personal Time Off credits continue to accumulate for the employee who is on Worker's Compensation. Employees participating in the County's insurance programs have their insurances paid under the terms in effect at pre-injury/illness time. Holidays occurring during an employee's Worker's Compensation absence are paid at the pre-injury/illness rate. Section 5 Employee's Rights. An employee sustaining a work-related injury or illness whose claim has been deemed compensable under the provisions of the state Worker's Compensation Law are entitled to the choice of any physician, chiropractor, or podiatrist in the state. By 10-17 Draft Date: 08/27/2014 agreement with the County, the employee may have the choice of a doctor not licensed in the state. The County is responsible for making certain that the employee gets immediate medical treatment when it is necessary. The County or its insurer has the right to have the employee examined by a doctor of their choice. Section 6 Physician's Statement. When medical attention is sought for a work related injury or illness, it is the employee's responsibility to bring back a Report of Workability from the treating physician regarding the employee's condition and detailing any restrictions. The Report of Workability is available on the intranet or from the Risk Manager. Section 7 Accommodation of Temporary Restrictions. The employee's supervisor will determine if the employee's temporary restrictions related to a work injury or illness can be temporarily accommodated. If the Supervisor provides an accommodation of temporary restrictions, the employee must report to work and only perform duties that do not violate the physicians restrictions. If the Supervisor determines that the temporary restrictions cannot be accommodated, the employee will remain off work until the restrictions change to an extent that the Supervisor determines the employee can return to work. Accommodation of temporary restrictions will not be granted for more than 90 days unless approved by the Risk Manager. The County makes every effort to return persons to restricted duty in order that they can work their way back to their normal position. If the County can find less restrictive assignments for the employee on Worker's Compensation, it will do so; however this should in no way imply that this establishes a "light duty position". Section 8 Safety Programs. Employees are required to attend safety training programs based on their job duties and sponsored by the County. All employees are expected to conduct themselves in a safe manner so as not to cause injury to themselves or others. Employees are expected to view their working area to make certain that it is in a safe condition, and report all exceptions to their Department Head or supervisor. Exceptions may include physical problems as well as co- worker's acts or conditions. Employees who routinely handle hazardous materials must attend special training for proper usage of said materials. Certification in proper handling of hazardous materials may be a requirement of the position. 10-18 Draft Date: 08/27/2014 ARTICLE II GRIEVANCE PROCEDURE Section 1 Policy. 1) It is the County's policy to treat all employees fairly and equitably. 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) Nothing in this Article abrogates any legal means of redress available to an employee, including the right to seek redress in a court of law. Section 2 Definitions. 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) "Day" means a calendar day unless otherwise specified. 4) "Discipline" is defined as an adverse employment action initiated by the County, and includes the following: unpaid disciplinary suspension of employment, disciplinary demotion or reduction in rank. "Discipline" does not include any of the following actions: terminations, 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; verbal reprimands, written reprimands; paid and unpaid administrative leave pending an investigation, or change in assignment or assignment location. 5) "Dismissal" means termination. 6) "Employee" for purposes of the procedure for grievances concerning employee discipline and employee terminations includes regular full-time and part-time employees who have completed their probationary period. The term "employee" excludes elected officials; temporary employees (including limited term, casual, or seasonal); project employees, independent contractors or their respective employees; unpaid interns, volunteers, employees within their probationary period. 7) "Employee" for purposes of the procedure for grievances concerning workplace safety, includes regular full-time and part-time employees, elected officials; temporary employees (including limited term, casual, or seasonal), and project employees, The term "employee" excludes independent contractors or their respective employees, volunteers, unpaid interns, and any person working for another employer whose office is located within County facilities. For purposes of this policy, the employee initiates and files a grievance for workplace safety. 8) "Grievance" means a type of formal objection regarding discipline, termination, or a workplace safety issue. 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 11-1 Draft Date: 08/27/2014 g) Whether the discipline reasonably relates to the seriousness of the offense and to the employee's overall record. 10) "Law enforcement officer" means a person employed by the county for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances that he or she is employed to enforce. 11) "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. 12) "Suspension" means the employer's temporary withdrawal without pay of an employee from employment. 13) "Termination" means a separation from employment for disciplinary or performance reasons. Termination 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, nondisciplinary demotion; reduction in force; resignation; retirement; transfer; or voluntary resignation. 14) "Workplace safety" means a condition of employment related to the physical health and safety of the employee bringing the grievance. It includes, but is not limited to, accident and risk prevention, provision of protective equipment, safety of the physical work environment, safe operation of workplace equipment and tools, safety training, and workplace violence prevention. It does not include conditions of employment related to general working conditions that are unrelated to physical health or safety, such as breaks, compensation, family leave, hours of work, medical leave, overtime, performance reviews, sick leave, vacation leave, vacation scheduling, or work schedules. Section 3 Limitations. 1) A grievance that may be brought by or on behalf of a law enforcement officer using the procedure specified in Wis. Stat. § 59.26(8) may not be brought under this Article. 2) A grievance that may be brought by or on behalf of an employee under a grievance procedure that is contained in the collective bargaining agreement may not be brought under this Article. 3) A County Administrator who is appointed pursuant to Wis. Stat. §59.18(1) may not bring a grievance under this article regarding discipline or the termination of his or her employment. 4) A Department Head who is appointed and supervised by the County Administrator pursuant to Wis. Stat. § 59.18 (2)(b) may not bring a grievance under this Article regarding discipline or the termination of his or her employment. 5) A Circuit Court Commissioner who is appointed pursuant to Wis. Stat. § 757.68 may not bring a grievance under this Article regarding discipline or the termination of his or her employment. 6) A Corporation Counsel who is appointed pursuant to Wis. Stat. § 59.42(1)(b) may not bring a grievance under this Article regarding discipline or the termination of his or her employment. 7) A Register in Probate who is appointed pursuant to Wis. Stat. § 851.71(1) may not bring a grievance under this Article regarding discipline or the termination of his or her employment. 8) Any other employee, official, or officer that serves at the pleasure of an appointing authority as provided by Wisconsin Statutes may not bring a grievance under this Article regarding discipline or the termination of his or her employment. 11-2 Draft Date: 08/27/2014 Section 4 Administration. 1) The Human Resources Director shall supervise and administer the grievance process. 2) Department Heads shall keep the Human Resources Director informed of the status of all grievances. Section 5 General Procedure. 1) An employee's grievance should be handled following the procedures contained in this Article. 2) Every effort should be made to resolve a grievance as quickly as possible and as early in the process as is practicable. 3) Grievance meetings, hearings, and appeals will be scheduled at mutually agreeable times. 4) An employee may advance the grievance to the next step if a response is not provided with the specified time limit. 5) The failure to file a written grievance, request a hearing, or file an appeal within the specified time limit terminates the grievance unless the time limit is extended by mutual agreement. 6) An employee may submit the grievance in writing to the employee's Department Head. 7) The employee has the right to be represented in the written grievance, at the employee's expense, by a person of the employee's choosing. The employee's representative may not be a material witness to the dispute. 8) The written grievance must be filed within 10 days of the action or event that gives rise to the grievance. 9) The written grievance must contain a statement explaining the reason for the grievance, provide any information that the employee wants the Department Head to consider in connection with the grievance, and describe the remedy that is being sought. 10) The Department Head shall, within 10 days of receipt of a written grievance, meet with the employee to discuss the grievance and attempt to resolve the grievance whenever possible. 11) The Department Head shall promptly notify the Human Resources Director of any written grievance, provide a copy of any written materials received in connection with the grievance, and keep the Human Resources Director informed of the status of the grievance. 12) The Department Head shall provide a written reply to the employee within 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. Section 6 Impartial Hearing. 1) An employee may, within 14 days of the Department Head's reply, request a hearing before an impartial hearing officer by filing a written hearing request with the Human Resources Director. 2) The employee has the right to be represented in the hearing, at the employee's expense, by a person of the employee's choosing. The employee's representative may not be a material witness to the dispute. 3) The Human Resources Director shall, upon receipt of a written hearing request, request a list of 5 available staff members from the Wisconsin Employment Relations Commission to serve as the hearing officer. The hearing officer shall be chosen by the employee and the County alternately striking from the list until one name remains. 4) The hearing officer shall be impartial and may not have any prior knowledge of the grievance. 5) A hearing will normally be scheduled within 28 days of the appointment of a hearing officer. The hearing officer may reschedule the hearing with the mutual consent of the parties. 11-3 Draft Date: 08/27/2014 6) Not less than 7 days prior to the hearing, the grievant and the County shall exchange lists of the witnesses and exhibits that they intend to introduce at the hearing. 7) The hearing officer may, with consent of the parties, use his or her best efforts to mediate the grievance. 8) 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 parry with the burden of proof in all cases is a preponderance of the evidence. 9) The hearing officer is authorized to administer oaths and affirmations, conduct the proceedings, and take the testimony of witnesses. The hearing officer 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 hearing officer deems appropriate. However, no factual finding may be made solely on the basis of hearsay evidence. 10) The hearing officer shall make a record of the proceedings. The County shall provide the equipment and materials necessary to make an audio recording of the hearing. 11) The hearing officer may request oral or written arguments, or both. If written arguments are requested, the hearing officer shall set a briefing schedule. 12) The hearing officer has the authority to order a reasonable remedy. a) In a suspension case, the hearing officer may reduce or withdraw the suspension, with or without partial or full back pay. b) In a demotion case, the hearing officer may reinstate the employee to the employee's former position, with or without partial or full back pay. c) In a termination case, the hearing officer may order reinstatement, with or without partial or full back pay. e) In a workplace safety case, the hearing officer may recommend a remedy. 13) In a discipline or termination case, the hearing officer shall provide a written decision within 28 days following the close of the record. The written decision should include a case caption; the parties and appearances; a statement of the issue(s), findings of fact; any necessary conclusions of law; the final decision and order; and any other information the hearing officer deems appropriate. 14) In a workplace safety case, the hearing officer shall provide a written recommendation within 28 days following the close of the record. 15) Following issuance of the decision or recommendation, the hearing officer shall provide the record to the Human Resources Director for preservation. Section 7 Right to Appeal to the Coup Board. 1) An employee may appeal the hearing officer's decision to the County Board. 2) The employee has the right to be represented in the appeal, at the employee's expense, by a person of the employee's choosing. The employee's representative may not be a material witness to the dispute. 3) An employee must file a written notice of appeal with the County Clerk within 14 days of the hearing officer's decision. The notice must contain a statement explaining the reason for the appeal. The notice may include a request that the hearing be held in open session. The notice must be accompanied by a copy of the written grievance that was filed with the Department Head and a copy of the hearing officer's decision. The notice may also be accompanied by a copy of all or part of the hearing transcript, a copy of one or more of the exhibits, or a combination of both. 4) The employee may submit written arguments in support of the appeal with the notice of appeal or at any time up to 7 days prior to the County Board meeting at which the appeal will be heard. 11-4 Draft Date: 08/27/2014 5) An employee bears the cost of his or her appeal to the County Board. Consequently, the employee must provide a copy of the notice of appeal, written grievance, and hearing officer's decision for each County Supervisor and 2 copies for the County Clerk at the time the notice is filed. The employee must also provide a copy of any transcript, exhibit, and written argument that he or she files for each County Supervisor and 2 copies for the County Clerk. A minimum of 21 copies is required. 6) The appeal will be placed on the agenda for the first County Board meeting that is held at least 14 days after the County Clerk receives a written notice of appeal. The appeal will be noticed for consideration in closed session pursuant to Wis. Stat. § 19.85(1)(b) pertaining to the dismissal, demotion, licensing, or termination of a public employee. The County Clerk will provide a copy of the meeting notice to the employee. 7) The employee may, at any time prior to the close of business on the last business day prior to the day on which the appeal will be heard, request that the appeal be heard in open session. The appeal will then be heard in open session. 8) The employee and the employee's representative may speak and present oral arguments to the County Board during the open or closed session when the appeal is heard. 9) The Corporation Counsel, either directly or through outside counsel, shall provide any necessary legal services to the County Board in connection with the appeal. 10) The County Board's discussion and deliberation of the appeal will be conducted in closed session. The employee and the employee's representative will be excluded from the closed session during the County Board's discussion or deliberation. 11) The County Board's consideration of the appeal will be limited to a review of the record and any oral or written arguments to determine whether there was any procedural error or abuse of discretion by the hearing officer. The County Board may not consider any evidence that was not admitted at the hearing. 12) 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 if it finds that the decision is clearly erroneous. 13) The County Board Chair shall prepare and sign a written determination reflecting the County Board's decision. 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. A copy of the determination will be provided to the employee within 14 days following the County Board's decision. 14) The County Board's decision is final and may not be appealed. 11-5 Draft Date: 08/27/2014 ARTICLE 12 COMPLAINT PROCEDURE Section 1 Policy and Purpose and Introduction. 1) The purpose of the complaint procedure is to provide a method for dispute resolution so that the County and those affected can resolve matters fairly and in a timely manner. 2) A complaint is a dispute resolution mechanism available to a County employee regarding a) the application of oral and written warnings; or b) the application or interpretation of this Handbook. 3) A mutually agreeable settlement may be made at any step in the complaint procedures, and at that point, the matter is resolved without processing to the next step. Failure by the employee to forward a complaint to the next step within specified time periods results in abandonment of the complaint. In the absence of a timely appeal by the complainant, the last decision at any step of the procedure becomes final. Failure of a Department Head or the County Administrator to render a decision within the allotted time period at any step constitutes denial and the employee may proceed to the next step. Every effort should be made to resolve the complaint at the lowest possible step. By mutual agreement, in writing, the parties may elect to waive any step or steps to permit an expeditious resolution of a complaint. Time limits may be extended by mutual agreement in writing. 4) Employees and their representatives are free to use the complaint procedure without restraint, interference, coercion, discrimination, or reprisal. Any employee, whether acting in an official capacity for the County or on any other basis, must not interfere with another employee's exercise of any rights under this procedure. Furthermore, no employee or supervising authority may take or threaten to take any act of reprisal against any employee because of the exercise of any rights under this procedure. The processing of a complaint under this procedure is not to be construed as limiting any employee's right of appeal to applicable federal and state agencies. Section 2 Representation. An employee has the right to be represented at the employee's expense, by a person of the employee's choosing at any and all times during the complaint procedures as provided in this Article. The employee's representative may not be a material witness to the dispute. Section 3 Limitations. All employees of the County have the right to utilize the complaint procedures as provided in this Article except that employees who are elected or covered by a labor agreement do not have recourse through this procedure but must follow the procedure prescribed by state statute or union contract. A law enforcement officer, Circuit Court Commissioner, County Administrator, Corporation Counsel, Department Head or Register in Probate may not bring a complaint under Section 1. 2) a) above. In addition, any other employee, official or officer that serves at the pleasure of an appointing authority as provided by Wisconsin Statutes may not bring a complaint under Section 1. 2) a) above. 12-1 Draft Date: 08/27/2014 Section 4 Complaint Procedure. An employee complaint is handled in accordance with the following procedures: 1) Step 1: The employee presents, within seven (7) days of the incident prompting the complaint, a written complaint to the Department Head. The Department Head is responsible for the immediate delivery of a copy to the Human Resources Director. The Department Head shall respond in writing within seven (7) days of the Department Head's receipt of the complaint. If the response is not acceptable to the employee, the employee may proceed to Step 2. 2) Step 2: Once the employee has received the Department Head response, the employee has seven (7) days to deliver the written complaint to the County Administrator, who shall deliver a copy of the Step 2 complaint to the Human Resources Director. The County Administrator shall respond within fourteen (14) days of the receipt of the complaint. The decision of the County Administrator is the final step in a complaint stemming from an oral warning. If the response involving a complaint stemming from a written warning or from an interpretation or application of the Handbook is not acceptable to the employee, the employee may proceed to Step 3. 3) Step 3: The employee shall present within seven (7) days of receipt of the response from the County Administrator a written appeal to the Administration Committee. The appeal shall be filed with the Human Resources Director. 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 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. 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. 12-2 Draft Date: 08/27/2014 The Administration Committee shall normally make a decision within seven (7) days of the Step 3 complaint hearing before the Administration Committee. Section 5. Standing. Only those employees that are affected by a decision or act may file a complaint. Section 6. Common Complaints. 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. 12-3 Draft Date: 08/27/2014 ARTICLE 13 DISCIPLINE Section 1 Purpose. 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. Section 2 Notification of Work Rules. Employees are informed of County and departmental work rules and standards of conduct and performance. This Handbook and union contracts also note rules of conduct and expected job performance. Since no work rules or disciplinary regulations can cover all possible areas of concern, employees are expected to conduct themselves in a manner that is consistent with reasonable and commonly accepted standards of behavior. Disciplinary actions as a result of any such violation are to be an appropriate response to the violation. Results of disciplinary procedures are made a part of the employee's permanent personnel file. Employees have access to this information as noted in Article 9, Section 13 once they have submitted to the Human Resources Department a written request for review of records. This review is done in the Human Resources Department. Section 3 Taking Disciplinary Action. Whenever an employee commits an offense warranting disciplinary action, the Department Head takes action in accord with the procedures that follow. It is the intent of the County to provide corrective action as the first measure of discipline. The County also acknowledges that some offenses, violations of rules, or inappropriate actions are so egregious as to warrant immediate punitive actions which may include suspension or discharge. Section 4 Progressive Discipline - Verbal. For a minor offense the employee receives a verbal reprimand, advising that another offense will result in a written reprimand, suspension, or discharge. If a verbal warning is issued and this does not correct the situation within a specified length of time, the supervising authority utilizes a further step in the disciplinary procedure. Verbal warnings are noted as such in supervisors' or Department Heads' files which are kept to prepare annual performance evaluations and, are sent to the Human Resources Department to become part of the employee's permanent personnel file. An employee shall receive written notice that a verbal or oral warning has been issued. Progressive Discipline - Written. The employee may be given a written reprimand informing him/her of the nature of the offense committed or the specific performance in question, the corrective actions necessary, a time-frame for the correction (if appropriate), and the warning that failure to comply will result in suspension or discharge. A corrective approach is emphasized. A written reprimand is sent immediately to the Human Resources Department and a copy of the reprimand is given to the employee. Written reprimands become a part of the permanent personnel file. Progressive Discipline - Suspension. More severe offenses or performance issues are dealt with through suspension of the employee for a period of time to be specified by the person administering the discipline, and in consultation with the Human Resources Department. A suspension for an undetermined period of time may be issued when it is necessary to pursue an investigation into the matter and determine whether or not discharge will be imposed. In the event that the offense or performance issue warrants such action, the employee may be suspended from work without pay. On or before the effective date of the suspension, the 13-1 Draft Date: 08/27/2014 employee is informed of the issue or offense. Within two (2) business days after the issuing of a suspension, the employee receives a written statement setting forth reasons for the suspension, effective dates of the suspension, and the date the employee should return to work. If corrective actions are applicable, they will be noted in the letter of suspension. Progressive Discipline - Discharge. When an employee's actions or performance warrant a discharge from employment, the employee is provided with a written notice within two (2) business days after the discharge, specifying the behavior or performance issue and any circumstances affecting the severity of the discipline. Department Heads contemplating discharge are to suspend the employee without pay pending a Human Resources Department review or investigation. When sufficient grounds for termination exist, the suspended employee is discharged. Section 5 Administering Discipline. Persons administering discipline systematically document each incident. The documentation includes the employee's name, date and type of infraction, circumstances that led to the infraction, names and statements of witnesses, description of action taken, and any other relevant details. Copies of all written disciplinary actions are contained in the employee's permanent personnel file. Section 6 Work Rules. 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. Except for serious or repeated offenses, disciplinary action taken is for the purpose of correcting conduct. Positive prevention of misconduct is the goal, not punishment. It must be recognized, however, that since each case is different it is not practical to prescribe a specific penalty for a particular offense or performance issue. There are certain situations which must result in immediate, outright discharge; others may warrant penalties of lesser severity. Department Heads or supervisors are responsible for the proper and efficient operations of their departments and for the enforcement of all policies. They are authorized to apply such disciplinary measures as may be necessary. There is no requirement to provide a complete four- step progressive disciplinary procedure to each employee. 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). 13-2 Draft Date: 08/27/2014 It is important to note that repeated violations of several work rules have a compounding effect. For example, if work rule "x" 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. 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) discrimination against others as defined in Article 2 of this Handbook (3) or (4); 5) intoxication or 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); 13-3 Draft Date: 08/27/2014 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); 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. Section 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. A Department Head may or may be directed to place an employee on administrative leave after consultation with the Human Resources Director. If the Department Head is unable to reach the Human Resources Director, an employee may be placed on administrative leave with consultation to occur within 2 business days. The employee shall be provided written notification of their placement on Administrative Leave within two business (2) days. The employee's wages and benefits shall continue during the administrative leave as if the employee was still reporting to work. The employee should be available to report to work if called during the time the employee would have been scheduled. Administrative leave shall not normally exceed thirty (30) days. If the administrative leave needs to be extended due to special circumstances, the Department Head can make a request for extension to the Human Resources Director or the Human Resources Director shall notify the Department Head of the extension. Every effort will be made to complete the investigation as soon as possible. Since this is a non-disciplinary suspension, there shall be no employee right to appeal. Section 8 Scope. 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. 13-4 Draft Date: 08/27/2014 ARTICLE 14 SEPARATION FROM EMPLOYMENT All separations of employees from County positions are designated as one of the following: 1) resignation; 2) lay-off, 3) disability; 4) death; 5) retirement; or 6) discharge (dismissal). When an employee voluntarily terminates his/her employment with the County, the employee's last day of work will be the last day on the payroll. Remaining time including PTO, overtime/compensatory time, and Holiday pay, will be paid out as a lump sum amount. Furthermore, an employee leaving County employment is considered to be leaving in "good standing" when giving a two week notice (four week notice for professional and Department Head staff). The employee shall not be granted leave time during the last two weeks of employment except under extraordinary circumstances as determined by the Department Head. However, an employee may use up to 40 hours of PTO beyond their last physical day at work. During the last two weeks of employment, the employee must confirm that training and orientation materials are in place for a replacement and provide for any training or cross-training as directed by the Department Head or supervisor. An employee who does not provide a two (or four) week notice or is absent without approval during the last weeks of employment is considered to have left employment "not in good standing" and such notice will be placed in the personnel file. The exception would be an employee already absent from work under a leave situation and unable to return to work. The County has the right to send the employee to a physician of its choice to verify the opinion of the employee's provider. For the employee on leave, the last date for termination purposes would be the last day of the approved leave or the day when the determination is made that the employee is not capable of returning to his/her job-whichever comes first. Per Section 3 of this Article, the disability leave time cannot exceed one year. For employees on lay-off, the last date for termination purposes will be the day of the end of the planned lay-off period, not to exceed one year. Section 1 Resignation. An employee who resigns submits in writing the reasons for leaving and the effective date of the resignation to the Department Head with a minimum of two (2) weeks notice. Department Heads and unit supervisors are expected to provide a minimum of four (4) weeks notice. Department Heads should give notice to the County Administrator. The Department Head or the County Administrator in the case of a Department Head, immediately forwards a copy of the resignation letter to the Human Resources Department. A copy of the letter becomes a part of the employee's permanent personnel file. Section 2 Lay-off. In the event of lay-off due to lack of work or economic cutbacks in any department, the reduction of forces, not governed by statute or contract, is as follows: employees 14-1 Draft Date: 08/27/2014 who have acquired permanent status are not subject to lay-off for reasons such as curtailment of work or lack of funds while there are temporary, seasonal, or probationary employees serving in the same classification, wherever possible. If additional cuts are necessary, full-time employees with the least amount of service in each department are laid-off first, except those whose skills are required to maintain proper service to the public. Upon reinstatement, those with the most service in the department are reinstated first. Eligibility for reinstatement from lay-off is for one year from the date of lay-off. An employee on lay-off will not lose PTO or sick leave bank benefits--the benefits will be held in the employee accounts. However, the employee on lay-off will not accrue PTO time during the lay-off. Demotions may be made in lieu of lay-off provided it is approved in advance by the County Administrator and the Human Resources Department. An employee on lay-off must make monthly premium payments to his/her insurance accounts for the insurance to continue. Section 3 Disability. If an employee is unable to perform his/her duties due to emotional, mental, or physical impairment, the employee may be given a leave of absence not to exceed one year. Such a leave must be reviewed and approved by the Human Resources Department and County Administrator and a copy of all actions placed in the employee's file. The disabled employee may choose to: 1) retire if eligible for disability retirement or regular retirement; 2) be reclassified to a position (if available and if so suited) in which the impairment does not hinder the performance of duties; 3) apply for long-term disability under the terms set forth in the County policy, Article 10; or 4) terminate from County employment. An employee who is able to transfer from one position to another position that is more suited to accommodate his/her disability receives the compensation and benefits of the new position. In all disability cases, the action is supported by medical evidence acceptable to the County. The County may require examinations at its expense by a physician of its choosing at various times during the disability period. Section 4 Death. Separation benefits are effective as of the date of death. All compensation due the employee including wages, accrued compensatory time, and accrued PTO time are payable to the estate of the employee, except for such sums specified by law which must be paid to the surviving spouse. Sick leave accrual is not paid out upon death of the employee except as defined in Article 10 Section 3. The surviving spouse and/or family are permitted to carry health insurance benefits under the conditions set forth by federal COBRA regulations. County life insurance payments will be processed and settled with the employee's estate. Section 5 Retirement. Whenever an employee reaches retirement age, the employee is eligible for retirement benefits as specified by the Wisconsin Retirement System. Upon retirement from the County, the employee should review Article 10 --Employee Benefits, Personal Time Off, to 14-2 Draft Date: 08/27/2014 determine pay-out options and insurance continuation. Upon retirement, employees participating in the Deferred Compensation Programs will need to make arrangements for withdrawal of those funds. Also upon retirement, the employee needs to contact directly the Department of Employee Trust Funds to arrange for his/her Wisconsin Retirement Fund pension. The Department of Employee Trust Funds can be contacted at Post Office Box 7930, Madison, WI 53707 or by telephoning (608) 266-3285. The employee should also make arrangements with the representatives from Social Security to determine the level of benefits available from that agency. The district office of Social Security is located in Eau Claire, WI and can be reached at (715) 836-6645. Section 6 Discharge. An employee discharged from the County during his/her probation period is not eligible for recourse through the grievance procedure. The employee is not eligible for pay- out of PTO time. The employee receives a final pay-out for all time worked and any accrued compensatory time. A regular employee discharged from the County is paid for all time worked; any accrued compensatory time, and any remaining PTO time. The employee is not eligible for a pay-out of time remaining in his/her Long-Term Sick Leave Account. The County has no obligation to provide for severance pay or to permit the employee to remain on the payroll following the issuance of discharge notice. The discharge notice may be verbal. Determination as to the employee's continuation of health insurance under COBRA and the employee receiving of Unemployment Compensation benefits are made by those agencies based upon their current regulations governing discharge. Discharge may be appealed through the Grievance Procedure outlined in Article 11. Discharged employees are expected to return all County property, including keys, prior to the issuance of their last paycheck. 14-3 Draft Date: 08/27/2014 ARTICLE 15 EMPLOYEE PERFORMANCE EVALUATION Section 1 Purpose. The Performance evaluation program is used to assess an employee's work performance. The purpose of the employee evaluation is to improve individual performance, strengthen supervisor-employee relationship, recognized employee accomplishments, and clarify departmental goals, objectives, and work expectations. . Performance evaluation reports are considered in personnel decision-making affecting such things salary advancement, promotions, demotions, re-employment, discharge, and training. Section 2 Administration. Each Employee shall be evaluated at the following periods: 1) Probationary Period. Each employee shall be evaluated midway through their probationary period and one month prior to the completion of the probation period. Completed performance evaluations are submitted to the Human Resources Department for inclusion in the employee's permanent personnel file. If the final probation period evaluation is satisfactory, the employee will remain in County employment. If the initial probation period evaluation is unsatisfactory, the Department Head should take a corrective approach to outline concerns and expectations. The employee may be terminated at any time during the probationary period when job performance is not maintained at a reasonable level or not meeting expectations. Under these circumstances, there is no recourse through the grievance procedure. If the probationary period is unsatisfactory, the Department Head notifies the employee of this and a termination date is determined. 2) Annual Evaluation. Each employee shall receive an annual performance evaluation. These evaluations shall be done in accordance with Article 6 Section 8 Pay for Performance, if applicable. 3) Special. A special performance evaluation may be completed: a) Whenever there is a significant change in the employee's performance; and b) Whenever a supervisor permanently leaves his/her position, in which case the it is recommended that a Supervisor complete a performance report on each employee under his/her supervision that has not been evaluated within six months prior to the date the supervisor is leaving. Section 3 Preparing for the Performance Evaluation. It is important to remember that the performance evaluation is a reflection of a twelve-month period of employment. It should accurately portray the job performance over that extended time frame. The evaluator may keep notes or work samples from that period of time to use in preparation of the performance evaluation. Whenever possible, a corrective approach is taken in assessing work performance and planning for future growth and job improvement. Section 4 Human Resources Director. The Human Resources Director shall be responsible for the overall administration of the employee performance evaluation programs and shall advise 15-1 Draft Date: 08/27/2014 and assist employees, raters, and Department Heads to ensure that performance evaluation procedures are handling according to the provisions of this Article. 15-2 Draft Date: 08/27/2014 ARTICLE 16 RECORD MANAGEMENT Personnel records are essential in providing factual data about an individual's employment with the County. Documents in the employee's file vitally affect the rights and benefits of employees and serve to support management decisions. Section 1 Administration. The County is committed to an efficient personnel record management system. The management system and accompanying procedures are designed to: 1) establish and maintain clear lines of authority for the processing of personnel transcriptions and management of complete employment records, 2) establish and maintain uniform and complete employment records of all County employees and employee transactions, 3) provide a basis for personnel planning and budgeting by the County, and 4) remain in compliance with the Fair Labor Standards Act, Civil Rights Act, and other state and federal recordkeeping laws. Section 2 Human Resources Department Responsibility. It is the responsibility of the Human Resources Department to: 1) establish, maintain, and coordinate a central personnel file for County employees showing biographical data, salary information, changes in employee status, performance evaluations, congratulatory or discipline letters and such other pertinent information as is necessary to meet County needs and comply with federal and state laws, 2) advise and assist Department Heads and supervisors on personnel transactions and records procedures, 3) notify the payroll section of changes in payroll information, 4) develop and implement forms necessary to accomplish these responsibilities. Section 3 Department Head Responsibility. It is the responsibility of the Department Head to: 1) provide employee information to the Human Resources Department including any change in employee status and provide release time to employees who need to contact the Human Resources Department for the processing of payroll/personnel transactions, 2) maintain a current service record for each employee showing PTO and sick leave usage, compensatory time accruals, anniversary dates, and verify this information on a regular basis, 3) complete and return to the payroll centers time records, time sheets, or related recordkeeping data on each employee, 4) actively participate in performance evaluations for each employee and assure that personnel and payroll information is distributed to employees in an efficient manner. Section 4 Employee Responsibility. It is the responsibility of the employee to: 1) immediately notify the Department Head and the Human Resources Department of any changes affecting employment status and benefit status including, but not limited to changes in: name, telephone number, address, marital status, dependent status, military 16-1 Draft Date: 08/27/2014 status, co-insurance company, etc., and 2) review the file periodically to assure that all information is accurate and up-to-date. Section 5 Payroll Records. Permanent payroll records are maintained by the Finance Department. If the employee wishes to change his/her withholding rates or other payroll data, the employee should contact the Human Resources Department for the proper forms. Section 6 Access to Personnel Records. Much of a public employee's personnel file is subject to the provisions of the Public Records Law in Wisconsin Statute Chapter 19. Employees should review Article 7, Conditions of Employment, Section 13, Public Records Law Regarding County Employees to better understand public access to information contained in personnel files. Wisconsin law permits public access to information contained in the personnel files of current and former employees including: name, job title, employment dates, salary, and EEO status. Other information including personal data such as home telephone number and address is currently deemed to be eligible for public access. Medical information including worker's compensation reports, physical examinations, and psychological profiles are not public information except under court-ordered situations. Supervisory staff and Department Heads, on a need-to-know basis, are permitted to review employee personnel files. State and federal representatives who have official and legitimate reasons for file review are also permitted access to employee records. 16-2 Draft Date: 08/27/2014 ARTICLE 17 FAMILY AND MEDICAL LEAVE ACT POLICY Section 1 Purpose. The County's Family and Medical Leave Act Policy (this Policy) is intended to conform to, and not exceed, the requirements of the federal Family and Medical Leave Act of 1993 (FMLA), as amended, and the Wisconsin Family and Medical Leave Act (WFMLA). This Policy is intended to comply with applicable laws and does not necessarily incorporate all provisions of such laws directly into the County's personnel policies. This Policy does not repeat every provision of the FMLA's or the WFMLA's statutory or regulatory requirements. Posters summarizing the benefits required to be provided under federal and state law may be found with other employment-related postings. In addition, you may contact the Human Resources Department if you have specific questions. Federal law, state law, or both may cover family and medical leave taken under this Policy. When leave taken by employees under this Policy is governed by both federal and state law, the more generous provision will control in the event of a conflict. However, when leaves are governed by state or federal law, but not both, the applicable law will control under this Policy. In this regard, you should note that both state and federal law might cover certain leaves for only a portion of the leave. You may be required to provide advance notice and certain information as set forth below to be eligible for family or medical leave under this Policy. You may also be required to submit leave requests in writing when circumstances and applicable law permit. Use of other leaves provided by the County for the reasons covered by law, will be treated as use of family and/or medical leave whenever applicable law allows. Section 2 Definitions. 1) "Child" under this paragraph includes a biological, adopted or foster child, a stepchild, legal ward, or a child for whom you have assumed the obligations of a parent and who is either under 18 years of age or unable to care for him or herself due to a physical or mental incapacity or serious health condition. 2) "Parent" under this paragraph includes parents in-law only if you are requesting leave under the WFMLA. 3) "Domestic Partner" under this paragraph includes individuals who file "declarations of domestic partnership" in their county of residence and individuals in less formal "domestic partnerships" that satisfy the requirements set forth in the WFMLA. 4) "Serious Health Condition" In conjunction with the certification provided by a health care provider, the County reserves the right to determine whether an illness, injury, impairment or physical or mental condition constitutes a serious health condition entitling you to family or medical leave under state or federal law. In general, a "serious health condition" under this Policy means an illness, injury, impairment, or physical or mental condition that involves one of the following: a) "Hospital Care" Inpatient care (i.e., an overnight stay in a hospital, hospice or residential medical care facility) including any period of incapacity or any subsequent treatment in connection with inpatient care. b) Absence Plus Treatment 17-1 Draft Date: 08/27/2014 A period of incapacity of more than three consecutive calendar days including any subsequent treatment or period of incapacity relating to the same condition that also involves: (1) Treatment two or more times by a health care provider, by a nurse or physicians assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under order of, or referral by, a health care provider; (2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under direct supervision of a health care provider. *Under the WFMLA, leave may also be available for a serious health condition of less than three (3) consecutive days in duration. c) "Pregnancy" Any period of incapacity due to pregnancy, or for prenatal care. d) "Chronic Conditions" Requiring Treatment A chronic condition which; (1) Requires periodic visits for treatment by a health care provider, or by a nurse or physicians assistant under direct supervision of a health care provider; (2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (3) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.) e) "Permanent/Long-Term Conditions Requiring Supervision" A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease. f) "Multiple Treatments (Non-Chronic Conditions)" Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or 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 of incapacity of more than three (3) consecutive calendar days in the absence of medical intervention or treatment, such as cancer, (chemotherapy, radiation, etc.) severe arthritis (physical therapy) and kidney disease (dialysis). Section 3 Eligibility Requirements. To be eligible for leave under federal law, you must have been employed by the County for at least twelve months, within the preceding seven years (even if there was a break in employment), must have worked at least 1,250 hours during the twelve-month period immediately preceding the commencement of the requested leave,. To be eligible for leave under state law, you must have been employed for more than 52 consecutive weeks and have been paid for at least 1,000 hours during the previous 52 weeks. The kind and amount of leave available to you under this Policy, as well as your rights during leave, depend on whether you meet the above requirements. Section 4 Types of Leave Available. The County provides family and medical leave for eligible employees under the following 17-2 Draft Date: 08/27/2014 circumstances: 1) For the birth of the eligible employee's child and to care for a newborn child; 2) For placement with the eligible employee of a child for adoption (or foster care for federal FMLA only); 3) To care for an eligible employee's spouse, child, parent, domestic partner (only under WFMLA), or domestic partner's parent (only under WFMLA) with a serious health condition; 4) Because of a serious health condition that makes the eligible employee unable to perform any of the essential functions of the employee's job; 5) Time off for a spouse, son, daughter, parent or next of kin to care for an injured military service member only if you are requesting leave under federal FMLA; and 6) Time off (exigency leave) to address non-medical issues arising out of the fact that a spouse, son, daughter or parent is on active duty or has been notified of an impending call or order to active military reserves only if you are requesting leave under federal FMLA. Section 5 Certification by Health Care Provider. If leave is requested due to your own serious health condition or the serious health condition of your spouse, child, parent, domestic partner or domestic partner's parent, the County requires that the leave request be supported by certification issued by your health care provider or the health care provider of your spouse, child, parent, domestic partner or domestic partner's parent. The County reserves the right to certify all information permitted by law. A Medical Certification Form is available in the Human Resources Department or on the Intranet. Failure to provide the County with timely and responsive certification from a health care provider within fifteen (15) days of the County's request for certification may result in denial of the leave. Section 6 Amount of Leave Available. Under federal law, if you meet the eligibility requirements spelled out in Section 3, you are entitled to a total of twelve work weeks of leave during a twelve month period for any of the reasons stated in Section 4, above, with the exception of twenty six work-weeks to care for a covered service member with a serious injury or illness. The twelve month period utilized by the County in applying this Policy is defined as the 12 month period measured forward from the date any employee's first federal FMLA leave begins. Wisconsin FMLA is calendar year. Under state law, if you meet the eligibility requirements spelled out in Section 3, you are entitled to: 1) Total of six weeks of leave for the birth of your natural child and/or the placement of a child with you for, or as a precondition to, adoption; 2) A total of two weeks of leave to care for a covered family member with a serious health condition; and 3) A total of two weeks of leave if you cannot perform your employment duties due to a serious health condition, as described in Section 4, above. The County will treat use of family or medical leave under this Policy as simultaneous use of state and federal leave entitlements whenever permitted by law. 17-3 Draft Date: 08/27/2014 Section 7 Manner In Which Leave Can Be Taken. Leave available under this Policy may be taken in full, and, under certain circumstances, may also be taken intermittently (e.g., one week at a time) or on a reduced leave schedule (e.g., consecutive hours at a time). Contact the Human Resources Department for more information. Section 8 Compensation During Leave. Generally, leave taken under this policy is unpaid. However, for leaves governed exclusively by federal law, you must use the following leaves provided by the County, if available: 1) Paid Time Off (PTO), discretionary leave, or compensatory time, if available, for any family or medical leave; and 2) Accrued long term sick leave, if available, to care for a seriously ill family member, or for the employee's own serious health condition. For leaves governed exclusively by federal law, the County reserves the right to require you to use paid leave for leave that would otherwise be unpaid FMLA leave taken under this Policy. However, you may not substitute paid sick leave for leave taken under this Policy in any situation where the County would not normally provide such paid leave. For leaves governed by state law, you may substitute paid or unpaid leave, which you have earned and accrued for leave taken under this Policy, if available. The County reserves the right to deny substitution as permitted by law. Section 8 Continuation of Benefits. You will remain eligible for group health insurance benefits under the County's group health plan during leave taken under this Policy under the same conditions as coverage would have been provided if you had been actively employed during the entire leave. However, you have the option of choosing not to retain such coverage during family or medical leave if you prefer. During leave taken under this Policy, the County will continue to pay any portion of group health insurance premiums for coverage that the County was responsible for paying immediately prior to leave as required by law. You are responsible for paying your portion of health insurance premiums regardless of whether your family and medical leave is paid or unpaid. It is your responsibility to make arrangements with the Human Resources Department for making premium payments for group health insurance during leaves. Your entitlement to benefits other than group health benefits during a period of family or medical leave is determined by the County's policy regarding provision of such benefits when an employee is on other forms of leave. Section 10 Employment Restoration. To the extent required by law, when you return from family or medical leave, you will be returned to the same position you held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. This policy does not entitle you to any right, benefit, or position of employment other than those to which you would have been entitled had you not taken leave. The County reserves all rights concerning restoration of employment or denial of same under state or federal law. 17-4 Draft Date: 08/27/2014 Section II Required Advance Notice. You must provide the County with notice in a reasonable and practicable manner before leave taken under this Policy is to begin, if the need for leave is foreseeable, e.g. an expected birth, placement or adoption or foster care, or planned medical treatment for your own serious health condition or that of a family member. When requesting partial or intermittent leave in connection with child birth or adoption, you must provide at least as much notice as required for taking other non-emergency or non-medical leave, as a definite schedule for leave. Where advance notice is not practicable due to uncertainty as to when leave will be required to begin, a change in circumstances, or medical emergency, notice must be given as soon as practicable. You must provide a written request for leave, the reasons for the requested leave, and the anticipated beginning date and duration of the leave by submitting a completed Leave Request Form, which is available in the Human Resources Department. When planning medical treatment, you should consult with the County and make a reasonable effort to schedule the leave so as not to disrupt unduly the County's operations, subject to the approval of your health care provider. You are ordinarily expected to consult with the County in order to work out a treatment schedule which best suits your needs, as well as the County's. Section 12 Enforcement. An employee may file a complaint with the U.S. Department of Labor (1-866-4US-WAGE or WWW.WAGEHOUR.DOL.GOV) or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede only State or local law or collective bargaining agreement which provides greater family or medical leave rights. 17-5 Draft Date: 08/27/2014 ARTICLE 18 INTERNET CODE OF CONDUCT Section 1 Access to the Internet. Access to the Internet has been provided to staff members for the benefit of the organization and its customers. It allows employees to connect to information resources around the world. Every employee has a responsibility to maintain and enhance the work of the County and to use the Internet in a productive manner. To ensure that all employees are responsible productive Internet users, these guidelines have been established. Section 2 Acceptable Uses of the Internet. Employees accessing the Internet are representing the County. All communications should be for professional reasons. Employees are responsible for seeing that the Internet is used in an effective, ethical, and lawful manner. Internet channels may be used to conduct official County business, or to gain technical or analytical advice. Databases may be accessed for information as needed. E-mail may be used for business contacts. Section 3 Unacceptable Uses of the Internet. The Internet should not be used for personal gain or advancement of individual views or needs. Solicitation of non-County business or any use of the Internet for personal reasons is prohibited. Section 4 Communications. Each employee is responsible for the content of all text, audio, or images that they place or send over the Internet. Fraudulent, harassing, or obscene messages are prohibited. All messages communicated on the Internet should have your name attached. No messages should be transmitted under a false name. Users may not attempt to obscure the origin of any message. Information published on the Internet should not violate or infringe upon the rights of others. No abusive, profane, or offensive language is transmitted through the system. Section 5 Software. To prevent computer viruses from being transmitted through the system, there will be no unauthorized downloading of software. All software downloads must be done with the knowledge and approval of the Information Technology Department. Section 6 Copyright Issues. Copyrighted materials belonging to entities other than the County may not be transmitted by staff members on the Internet. One copy of copyrighted material may be downloaded for your own personal use in research or work done at home. Users are not permitted to copy, transfer, rename, add, or delete information to programs belonging to other users unless given express permission to do so by the owner. Failure to observe copyright and license agreements may result in disciplinary action from the County or legal action by the copyright owner. Section 7 Security. All messages created, sent, or retrieved over the Internet are the property of the County and should be considered public information. The County reserves the right to access and monitor all messages and files on the computer system as deemed necessary and appropriate. Internet messages are public communication and are not to be considered private. All communications including text and images can be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver. 18-1 Draft Date: 08/27/2014 Section 8 Harassment. Harassment of any kind is prohibited. No messages with derogatory or inflammatory remarks about an individual or group's race, religion, national origin, physical attributes, or sexual preference may be transmitted. Section 9 E-Mail. The County's e-mail system is provided to assist in the conduct of business related to the County's professional activities. All messages composed, sent, or received on the e-mail system are and remain the property of the County. They are not the private property of the employee. The e-mail system is designed for the conducting of County business, not personal business. No harassment (as noted in Section 8) is permitted on e-mail transmissions. The e-mail system may not be used to send or receive copyrighted materials (as noted in Section 6) without prior authorization. The County reserves the right to review, audit, intercept, access, and disclose all messages created, received, or sent over the e-mail system for any purposes. As such, confidentiality of any message should not be assumed. The contents of any message may be disclosed by the County without the permission of the employee. However, e-mail messages are to be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read e-mails that are not sent to them. Any exception to this must receive prior approval from a supervisor, the County Administrator or his/her designee. Employees may not use a code, access a file, or retrieve any stored information unless authorized to do so. All computer pass codes must be provided to the supervisors. Section 10 Violations. Violations of any guidelines listed herein may result in disciplinary action up to and including discharge. If necessary, the County will advise appropriate legal officials of illegal violations in the operation of the computer system, Internet, and e-mail features. 18-2 Draft Date: 08/27/2014 ARTICLE 19 WORKPLACE VIOLENCE Section 1 Safety and Security While at Work. The safety and security of our employees is of vital importance. Therefore acts or threats of violence, including intimidation, harassment, and/or coercion which involve or affect the County and its employees or which occur on County property are considered misconduct and will not be tolerated. Section 2 Inclusionary Statement. The prohibition against threats and acts of violence as described in Section 1 applies to all persons involved in the operation of the County, including but not limited to staff members, contract and temporary workers, and non-employees on County property. Any confirmed act or threat will be grounds for disciplinary action, up to and including discharge, even for a first time offense. Section 3 Disciplinary Actions. The County makes the sole determination of whether and to what extent threats or acts of violence are acted upon by the County. In making this determination the County may undertake a case-by-case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence has occurred. Section 4 If You are a Victim. Any employee who has been a recipient of a threat of violence or a victim of an act of violence while at work or on County property, is to make a report to his/her supervisor, the Human Resources Office, or the County Administrator as soon as possible after the incident. Such reports will be kept confidential to the extent possible and will be used in the County's investigation. As a public employee, the confidentiality of records is tempered by the state's open records rules and laws and any report may, ultimately, be subject to public scrutiny. Because the threat may come from a source external to the County, the County will assess the need for special safeguards and cooperate with local authorities in creating and maintaining a safe workplace environment. 19-1 Draft Date: 08/27/2014 ARTICLE 20 HARASSMENT POLICY Section 1 Policy Statement. 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. All employees have a right to work in an environment free from discrimination and harassing conduct, including sexual harassment. Therefore, it is the policy of the County that harassment on the basis of an employee's race, color, creed, ancestry, national origin, age (40 and over), disability, sex, arrest or conviction record, marital status, sexual orientation, membership in the military reserve or use or nonuse of lawful products away from work is expressly prohibited in all County workplaces. Harassment on any of the above bases is also illegal under Wisconsin Statutes Sections 111.31- 111.39. Retaliation against an individual who reports harassment toward him/herself or toward someone else is prohibited. Intentionally making a false report of harassment is prohibited. 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. Section 2 Definitions. 1) "Harassment" means conduct or actions based on race, color, creed, ancestry, national origin, age (40 and over), disability, sex, arrest or conviction record, marital status, sexual orientation, membership in the military reserve, or use or nonuse of lawful products away from home that are so severe or pervasive that it interferes with a person's work or creates an intimidating, hostile or offensive work environment 2) "Sexual harassment" is one type of harassment and includes: a) unwelcome sexual advances; b) unwelcome physical contact of a sexual nature; or c) unwelcome verbal or physical conduct of a sexual nature, which itself includes, but is not limited to, the repeated making of unsolicited, inappropriate comments, gestures or touching, and displaying offensive sexually graphic materials. Such conduct constitutes sexual harassment when one of the three following criteria is met: i. Submission to such conduct is made, either explicitly or implicitly a term or condition of employment. ii. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. iii. 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 20-1 Draft Date: 08/27/2014 Section 3 Recognizing Sexual Harassment. Sexual harassment may be subtle, manipulative and not always evident. It does not include occasional compliments of a socially acceptable nature. It does include behavior that is not welcome and is personally offensive. Women and men can be sexually harassed; men can harass women and other men; women can harass men and other women. Offenders can be elected and appointed officials, Department Heads, co-workers and non-employees such as vendors and service providers. It is a violation of this policy if an employee is forced to submit to harassing conduct, either explicitly or implicitly, as a term or condition of his/her employment, or if submission to or rejection of such conduct is used as the basis for an employment decision affecting the employee. Examples of Harassment: Verbal: Jokes, insults, bullying and innuendoes or other demeaning behaviors based on race, sex, age, disability, etc.). Non-Verbal: Gesturing, staring, blocking a person's movement, standing too close, displaying degrading, racist or other derogatory pictures, cartoons or drawings. Examples of Sexual Harassment: Verbal: Demands/threats for sexual favors or acts; suggestive sounds; inappropriate or degrading comments, jokes, comments or innuendos of a sexual nature; obscene telephone calls; referring to someone as a stud, hunk or babe; whistling; cat calls; comments on a persons body or sex life; or pressures for sexual favors.. Non-Verbal: Posting, displaying, or distributing obscene or sexually suggestive or degrading pictures or objects; suggestive gestures or stares; standing too close; brushing up against someone or other unwelcome physical contact; sending/forwarding inappropriate emails, letters or notes of a sexual nature. Section 4 Responsibilities Under this Policy. 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 his/her employment. Others who are found to have violated this policy will also be dealt with appropriately, i.e., termination of business relationship. Section 5 Reporting and Investigation Procedure. Any employee who believes he or she is being harassed, or any employee who becomes aware of harassment, should promptly notify his or her Department Head. If the employee believes that the Department Head is the perpetrator, or is uncomfortable reporting to his/her Department Head, the Human Resources Director or County Administrator should be notified. Information on the right to file a state or federal harassment complaint is also available from the Human Resources Director. Upon receipt of a report of harassment, a confidential and impartial investigation will be commenced immediately by the Department Head. The Department Head should contact the 20-2 Draft Date: 08/27/2014 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 the findings 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. 20-3 Draft Date: 08/27/2014 ARTICLE 21 WORKPLACE BULLYING POLICY Section 1 Ob'e) ctive. The purpose of this policy is to communicate to all employees, including supervisors, managers and Department Heads, that the County will not in any instance tolerate bullying behavior. Employees found in violation of this policy will be disciplined, up to and including termination. Section 2 Definition. The County defines bullying as 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. Section 3 Exam les. 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 the individual 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 name calling 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 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. In addition, the following examples may each constitute or contribute to evidence of bullying in the workplace: 1) Persistent singling out of one person; 2) Shouting or raising voice at an individual in public or in private; 3) Using verbal or obscene gestures; 4) Personal insults and use of offensive nicknames; 5) Public humiliation in any form; 6) > performance or description; 7) Public reprimands; 8) Repeatedly accusing someone of errors that cannot be documented; 9) Deliberately interfering with mail and other communications; 10) Spreading rumors and gossip regarding individuals; 11) is; 12) Manipulating the ability of someone to do his or her work (e.g., overloading, underloading, withholding information, assigning meaningless tasks, setting deadlines that cannot be met, giving deliberately ambiguous instructions); 21-1 Draft Date: 08/27/2014 13) s ideas; 14) Refusing reasonable requests for leave in the absence of work-related reasons not to grant leave; 15) Deliberately excluding an individual or isolating him or her from work-related activities, such as meetings; and 16) Unwanted physical contact, physical abuse or threats of abuse to an individual or an Section 4 Responsibilities Under this Policy. 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 his/her employment. Others who are found to have violated this policy will also be dealt with appropriately, i.e., termination of business relationship. Section 5 Reporting and Investigation Procedure. Any employee who believes he or she is being bullied, or any employee who becomes aware of bullying behavior, should promptly notify his or her Department Head. If the employee believes that the Department Head is the perpetrator, or is uncomfortable reporting to his/her Department Head, the Human Resources Director or County Administrator should be notified. 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 the findings 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. 21-2 Draft Date: 08/27/2014 Resolution No. ST. CROIX C' LINTY RESOLUTION AMENDING THE HUMAN RESOURCES `f {`ve«''`'m` POLICIES AND PROCEDURES HANDBOOK 1 WHEREAS, the Administration Committee, the Human Resources Department, 2 Corporation Counsel, and the Staff Advisory Committee have reviewed the Human Resources 3 Policies and Procedures Handbook (Handbook); and 4 5 WHEREAS, the Administration Committee has recommended changes throughout the 6 Handbook to clarify roles, responsibility, and authority of the County Administrator; and 7 8 WHEREAS, the Staff Advisory Committee has recommended changes throughout the 9 Handbook to address employee concerns and issues; and 10 11 WHEREAS, the Human Resources Department and Corporation Counsel have 12 recommended changes throughout the Handbook to included necessary updated language, some 13 housekeeping items, and additional changes as identified. 14 15 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the 16 comprehensively revised Human Resources Policies and Procedures Handbook is approved as 17 attached hereto. Sponsored By. Administration Committee on August 27, 2014 Legal - Fiscal- Administrative Approvals: Legal Note: none Fiscal Impact: There will be a financial impact to these changes specifically regarding overtime and compensation. The specific amount is difficult to estimate at this time but will be incorporated into the 2015 budget. ItoF7PYt °WittRt Cott Cox, Corporation C u /25/2014 Robert Mittet, Assistant Finance Director 8/25/2014 K27-~' Pa ick Thompson, County Administrator 8/25/2014 Administration Committee Yes No Abstain Absent Travis Schachtner © ❑ ❑ ❑ Ron Kiesler ❑ ❑ ❑ Jill Ann Berke ® ❑ ❑ ❑ Judy Achterhof ® ❑ ❑ ❑ Roy Sjoberg ® ❑ ❑ ❑ The Administration Committee on August 27, 2014 approved this resolution for submission to the full County Board. i~ Travis Schachtner, Chair, Administration Committee Date Signe St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement - Majority of Supervisors Present Cindy Campbell, County Clerk