Beruflich Dokumente
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PERSONNEL
POLICY
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PREFACE:
THIS HANDBOOK DOES NOT CONSTITUTE EITHER A CONTRACT OF
EMPLOYMENT OR ANY PROMISE OR OFFER BY THE EMPLOYER. YOU
SHOULD NOT RELY UPON THIS HANDBOOK AS CREATING A CONTRACT OF
EMPLOYMENT. THIS HANDBOOK IS MERELY A CONDENSATION OF VARIOUS
COUNTY POLICIES, PROCEDURES, AND EMPLOYEE BENEFITS TO ASSIST YOU
AS AN EMPLOYEE OF SEDGWICK COUNTY.
SEDGWICK COUNTY EXPRESSLY RESERVES THE RIGHT TO CHANGE THE
POLICIES AND BENEFITS OF THE HANDBOOK IN ACCORDANCE WITH THE
NEEDS OF THE COUNTY WITHOUT NOTICE. THE INFORMATION CONTAINED
IN THIS HANDBOOK IS THE MOST CURRENT AT THIS TIME AND SUPERSEDES
ALL PREVIOUS HANDBOOKS OR NOTICES BY SEDGWICK COUNTY.
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Table of Contents
I.
IV.
EMPLOYMENT DEFINITIONS.................................................................................................. 13
V.
CONDITIONS OF EMPLOYMENT.............................................................................................. 15
A.
B.
C.
D.
E.
F.
G.
H.
I.
VI.
VII.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
RESPONSIBILITY:................................................................................................................................... 17
CONFLICT OF INTEREST ...................................................................................................................... 17
POLITICAL ACTIVITIES: ....................................................................................................................... 17
ANTI-HARASSMENT POLICY:............................................................................................................. 17
SEDGWICK COUNTY SAFETY POLICIES: ......................................................................................... 18
HEALTH AND SAFETY GENERALLY: ................................................................................................. 18
REPORTING OF INJURIES AND ACCIDENTS: ................................................................................. 18
MEDICAL EXAMINATIONS: ................................................................................................................. 18
SEAT BELT REQUIREMENTS: .............................................................................................................. 19
JOB PERFORMANCE GENERALLY: ..................................................................................................... 19
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A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
PURPOSE: ................................................................................................................................................. 21
DEFINITIONS: .......................................................................................................................................... 21
STATEMENT OF POLICY: ..................................................................................................................... 21
TREATMENT:........................................................................................................................................... 22
TESTING: ................................................................................................................................................... 23
DISTRIBUTION OF POLICY: ................................................................................................................ 25
INSPECTIONS AND SEARCHES: .......................................................................................................... 25
USE OF PRESCRIPTION AND/OR OVER-THE-COUNTER DRUGS:........................................... 25
PROCEDURES FOR PRE-EMPLOYMENT SUBSTANCE SCREENING: ......................................... 25
PROCEDURES FOR REASONABLE SUSPICION TESTING: ............................................................ 26
PROCEDURES FOR POST-ACCIDENT TESTING: ........................................................................... 27
PROCEDURES FOR RANDOM TESTING: .......................................................................................... 28
SUBSTANCE ABUSE POLICY SUMMARY:........................................................................................ 28
X. COMPENSATION ........................................................................................................................... 38
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
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DEFINITIONS: .......................................................................................................................................... 49
FILING A GRIEVANCE:........................................................................................................................... 50
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I.
MANAGEMENT RIGHTS
This manual supersedes all previous Sedgwick County Personnel Policies and Manuals published prior to
this date. These policies apply to all Sedgwick County Employees.
This manual contains the Sedgwick County Personnel Policies and Procedures. It is designed to be used
by elected officials, department heads, supervisory and staff personnel, and employees in the day-to-day
administration of the county business functions.
The goal of these written policies increase understanding, minimize the need for personal decisions on
matters of established County-wide policy, and help to assure uniformity in the application of county
policy throughout the County. It is the responsibility of each and every department head and supervisor
to administer these policies in a consistent and impartial manner.
THESE POLICIES ARE NOT TO BE CONSIDERED AN EMPLOYMENT CONTRACT OR A
GUARANTEE OF ANY SPECIFIC LENGTH OF EMPLOYMENT. THE COUNTY RESERVES
THE RIGHT TO MODIFY, AMEND, REVOKE OR REMOVE ANY PROVISION IN THE
MANUAL, WITH OR WITHOUT NOTICE TO EMPLOYEES, AT ANY TIME BY ACTION OF
THE BOARD OF COUNTY COMMISSIONERS OR THEIR DESIGNEE.
Notwithstanding this reservation of management rights to the BOCC, it is the intention of the BOCC that
all elected officials, department heads and supervisors attempt to follow the provisions outlined herein to
the best of their understanding unless notified of changes.
Procedures and practices in the county are subject to modifications and further development in light of
changes in the law, experience, and merit principles. Each department head, supervisor, and employee
can assist in keeping policies up-to-date by notifying their Department Head whenever problems are
encountered or recommended improvements identified for the administration of these policies.
Policies may be developed by an elected official or department head for their specific office if they are
necessary only for their area and are not otherwise covered by established countywide policy. Policies
which are specific to a department or office will be printed and distributed to all employees to that
specific Department by the appropriate Supervisor.
For the purpose of this manual, Department Head and Elected Official are synonymous. Whenever the
male gender is used, i.e., he, his, him, it refers to male and female.
All policies in the manual will be administered in accordance with Equal Employment Opportunity laws,
Veterans Employment and the Federal Fair Labor Standards Act, ADA, FMLA, and any other applicable
laws or regulations.
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II.
B. CODE OF ETHICS
Consistent with the public trust placed in government, all employees of Sedgwick County,
Colorado should aspire to the highest standards of behavior and conduct at work on a daily basis,
in accordance with the following:
1. Serve the public with respect, concern, courtesy, and responsiveness;
2. Demonstrate the highest standard personal integrity, truthfulness, and honesty and
shall through personal conduct inspire public confidence and trust in the county
system;
3. Recognize that personal gains from public service are limited to respect, recognition,
salary, and normal employee benefits;
4. Shall not use public service to bestow any preferential benefit on anyone related to
the public official or employee by family, business or social relationship;
5. Shall not disclose or use or allow others to use confidential information acquired by
virtue of county system employment for private gain;
6. Shall not accept any fee, compensation, gift, payment of expense, or any other thing
of monetary value, under circumstances in which the acceptance may result in;
a. An undertaking to give preferential treatment to any person;
b. Any loss of complete independence or impartiality; or
c. The making of a governmental decision outside official channels.
7. Shall not use County time, property, equipment or supplies for private gain or
partisan political purpose except as consistent with county facility use policies.
8. Support equal access and employment opportunities in the county system by all
citizens regardless of race, color, religion, sex, national origin, age, physical or
mental disability, creed, ancestry or any other characteristic protected by law.
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made by the Board, shall be made available to the employees within a reasonable time after the
change. Employees will be required to acknowledge receipt of the change.
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C. MERIT PRINCIPLES:
These personnel policies are adopted consistent with such principles as:
1. Recruiting, selecting and advancing employees on the basis of their relative ability,
knowledge and skills, including open consideration of qualified applicants for initial
appointment;
2. Providing equitable and adequate compensation.
3. Training employees, as needed, to the extent possible to assure high-quality
performance;
4. Retaining employees on the basis of the adequacy of their performances, correcting
inadequate performance and separating employees whose inadequate performance
cannot be corrected;
5. Assuring fair treatment of applicants and employees in all aspects of personnel
administration without regard to political affiliation, race, color, national origin, sex,
or religious creed, age, or handicap and with proper regard for their privacy and
constitutional rights as citizens. This fair treatment principle includes compliance
with the Federal Equal Employment Opportunity and nondiscrimination laws.
6. Assuring that employees are protected against coercion for partisan political purposes
and are prohibited from using their official authority for the purpose of interfering
with or affecting the result of an election or a nomination for office.
D. PROMOTIONS/TRANSFERS:
Promotions and transfers may be given to an employee for the purpose of better utilizing the
abilities of Sedgwick County employees. Sedgwick County is interested in employee
development and encourages all employees to prepare for advancement to higher or other desired
lateral positions. A part of a Transfer review application should be the evaluations of that
employee that are a current part of the employees file; this is to ensure that an introductory
period is not required.
E. VACANCIES:
Advertisement of job openings will be up to the discretion of the Department Head or Elected
Official. However, both internal and external methods of posting are highly recommended in
order to locate and consider the widest possible pool of well qualified applicants.
Promotions and transfers from within the County are made when appropriate and possible.
County employees are encouraged to apply for vacancies they are qualified for by completing an
application with that Department Head. County employees who meet the position criteria will be
selected for an interview for the position.
Applicants are screened by the Department Heads who compare the applicants qualifications to
the job requirements. The most qualified applicants meeting the job requirements are interviewed
and final selection is made. Department Heads and Elected Officials or their designed are the
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The Department Heads or Elected Officials have the responsibility to make the decision regarding
whom to hire for vacancies in their respective offices. The Department Head or Elected Official
shall, upon final selection of the applicant for the job, forward a recommendation for hiring to the
Board of County Commissioners for final approval.
When it is decided to transfer or promote an existing County employee, a reasonable amount of
time (at least two (2) weeks) will normally be required to replace the transferring employee
before the transfer/promotion is effective.
Pay changes and review period of transferred or promoted employees will be in accordance with
the policies and procedures outlined in this manual.
Because there are EXCEPTIONAL times when it is necessary to fill the position as quickly as
possible, the County may find it expedient to advertise outside in the open market at the same
time the position is advertised internally.
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finance office to complete the necessary forms prior to employment. The finance
office shall contact the Department Head or Elected Official upon the new hire
successfully completing the required forms to the finance offices satisfaction. After
the finance department has informed the Department Head or Elected Official that
the required forms have been completed, the new hire can begin employment with
the County. The finance office shall report any violations of this provision to the
Board of County Commissioners.
H. INTRODUCTORY PERIOD:
All new employees, but not usually inter-county transfers, shall be employed on a basis of an
introductory period for the first six (6) months. In the case of an inter-county transfer who has
unsatisfactory evaluations on file or who has no evaluations on file, the issue of an introductory
period should be negotiated before the job is offered and accepted. Regular benefits will be
available during the introductory period based on the time the employee already has with the
county, if any.
The introductory period will be utilized to observe the employees work, work habits, general
work attitude, and the employees adjustment to their position and responsibilities. A
performance evaluation may be completed on new employees at the end of the introductory
period if desired by the Department Head or Elected Official.
An employee may be terminated during the introductory period for any reason other than political
affiliation or protected constitutional right.
The introductory period can be extended by the county for a period of no more than two (2)
additional months if the supervisor feels performance is marginal or the employer needs more
time for the evaluation. The employee shall be informed of the length of the extension in writing.
At the end of the extension, the employee shall either be terminated or promoted to full
employment.
Continual training will be provided to full employees as needed and to the extent possible to assure high
quality performance.
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IV.
EMPLOYMENT DEFINITIONS
As an employee, you are classified in one of the following categories that determine your salary and
fringe benefits:
A. INTRODUCTORY EMPLOYEE:
A new hire who is in the first six to 8 months of employment and is an active state of training and
evaluation regarding fitness for duty. An introductory employee has only the rights specified in
the section of Introductory Period.
B. FULL TIME EMPLOYEE:
Any employee who works 37.5 or more hours per week. Fringe benefits will be allotted to this
position after the individual time frames specified in each benefit section in this handbook or
otherwise as specified in Summary Plan Descriptions.
C. PART TIME PERMANENT EMPLOYEE:
Any employee who works less than 37.5 hours a week.
1. Any employee that works usually at least 30 hours per week during a year will
receive, National Holidays observed, Sick Leave, Holiday pay, Health Insurance and
Vacation Benefits proportionate to hours worked.
2. Any employee that usually works less than 30 hours per week during a year will
receive No benefits.
D. TEMPORARY / AND SEASONAL EMPLOYEE:
Any employee who works a defined schedule for a length of time not to exceed 4 months per
year, as based on temporary or seasonal status posted by the Supervisor. No Holiday, Sick leave,
Vacation or Health Insurance or Retirement will be allotted to this position.
E. WORK WEEK AND WORK DAY:
Normal Courthouse hours are 8:00 a.m. to 4:30 p.m. (Monday through Friday). Employees who
work at a county facility other than the County Courthouse may be on a different schedule.
Proper scheduling may require employees to work more or less than eight hours in one day in
order for a department to be more cost effective and/or better serve the public. The hours of any
department may vary from time to time depending on department needs.
F. PAY DAY:
Payday for county employees, including hourly employees, will be the last working day of the
month.
G. PAY PERIOD:
Pay periods are from the 21st day of the month to the 20th day of the following month.
H. OVERTIME:
Overtime is time worked by eligible employees in excess of 40 hours actually worked during an
established workweek of seven consecutive 24-hour periods. For the purpose of calculating
overtime hours, the normal workweek of Sedgwick County begins on Sunday at 12:00 a.m. and
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ends Saturday at 11:59 p.m. Time actually worked does not include any time off, whether paid
or unpaid, except for breaks of 15 minutes or less.
I.
GRIEVANT:
Any person who has filed a grievance with the county under one or more provisions. A grievant
may have different rights depending on his or her relationship to the county as applicant,
employee or citizen.
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V.
CONDITIONS OF EMPLOYMENT
These regulations are written to comply with the provisions of the Federal Fair Labor Standards Act. For
detailed definitions, consult the Code of Federal Regulations, title 29, Wage and Hour Division.
Continued employment with Sedgwick County Departments subsequent to the effective date of this
personnel code, or initiation of employment after the effective date of this personnel code, shall be
deemed as acceptance of the provisions contained herein substituting compensatory time on a limited
basis for overtime pay. In all cases such compensatory time shall be provided consistent with the
provisions of the Fair Labor Act.
B. RELIABILITY OF ATTENDANCE:
All employees are expected to be on time at the beginning of the shift and upon return from
breaks. If they are late or absent, it is their responsibility to contact their immediate supervisor as
soon as possible before the scheduled workday has begun and if returning late from breaks. It is
also the responsibility of the employee to record their late start or absence on their weekly
timecard.
It is the responsibility of the supervisor and the department head to verify, and sign off on, the
time reported on all time cards. Violations of these rules should be recorded and followed up
with employee and supervisor corrective action, time sheet corrections, and, if necessary,
discipline on the record.
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C. EMERGENCY CLOSING:
If the county offices are closed because of bad weather or other emergency, the board of county
commissioners will have that information passed on to department heads or elected officials.
Some county employees are considered essential personnel and must report to work regardless
of weather. If you are called, you are expected to come in. You will be compensated according
to the county overtime policy.
If the county offices are open but you cannot get to work in bad weather, you will have to use
compensatory time, vacation time or snow day time. If you do not have any earned compensatory
time, vacation time, or have used all three snow days, you will have to report leave without pay.
D. STRAIGHT TIME:
Hour for hour record of time worked, not legally required to be compensated for at one and onhalf times per the Fair Labor Standards Act (hereinafter FLSA).
E. OVERTIME PAY:
ALL TIME WORKED IN EXCESS OF THE NORMAL WORK WEEK IS TO BE
UNDERSTOOD AS BEING UNDER A COUNTY AND A DEPARTMENTAL
AGREEMENT WITH ALL EMPLOYEES TO GRANT COMPENSATORY TIME OFF
AT TIME AND ONE-HALF IN LIEU OF OVERTIME PAY. EXCEPT AS PROVIDED
IN THE EXCEPTIONS BELOW, ANY OTHER OVERTIME COMPENSATION IS NOT
EXPRESSLY AUTHORIZED UNDER THE BUDGET APPROVAL OF THE BOCC.
EVERY EMPLOYEE IS EXPECTED TO CONSENT TO THIS AGREEMENT FOR
OVERTIME-COMPENSATORY TIME OFF IN PLACE OF OVERTIME PAY.
Employees may be required to work overtime from time to time in order to meet staffing and
work needs of the department during times of an emergency or to meet statutory deadline. During
such times, an employee may be moved from one department to another when approved by both
the County Commissioners and the Elected Official(s) or Department Head(s) involved. An
employee in this instance would be a temporarily loaned employee and overtime laws would
apply to both county departments.
Paid leave time and paid non-worked Holiday pay will not be used to calculate overtime.
Holiday hours actually worked may be used to calculate overtime only in the case where it was a
scheduled workday or a bona fide emergency.
Regardless of the overtime request, if an employee is suffered or permitted to work, they are
entitled to appropriate overtime pay or time off at overtime rates, as provided in this policy and
under the FLSA.
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VI.
EXPECTATIONS OF CONDUCT
A. RESPONSIBILITY:
All employees are expected to act responsibly and act within the laws of the county, local
municipalities, the State of Colorado, and the U.S. Government. The county will not be
responsible for any violations or fines imposed upon an employee because of their failure to act
within the law. An employee who is asked to do something which is illegal has the right to refuse
the order on that basis. A written report of such request and refusal should be presented to the
department head as soon as possible for resolution.
B. CONFLICT OF INTEREST
No County officer, member of an appointed board, or employee shall have any financial interest
in any enterprise or organization doing business with Sedgwick County that might interfere with
the unbiased discharge of his duty to the public and the best interest of the County. This
restriction shall not apply where the officer, member of an appointed board, or employees
department has no direct contact nor business transaction with any such enterprise or
organization. All County employees need to comply with the provisions of Section 18-8-308,
C.R.S. 1973, as amended, regarding notice of a potential conflict of interest.
In the event a question arises as to possible conflict of interest between any county officer,
member of an appointed board, or employee, and any enterprise or organization doing business
with Sedgwick County, the question will be presented to the Department Head and/or the board
of County commissioners for review, investigation, decision and resolution. The judgment and
decision of the Department Head and/or the Board of County Commissioners shall be considered
final and shall be made a matter of public record.
C. POLITICAL ACTIVITIES:
No employee shall engage in any political activity during working hours. No public funds or
supplies or facilities shall be expended or used for political activity. If the BOCC wishes to allow
community or political groups the opportunity to use public meeting rooms they will authorize a
neutral booking process available without restrictions on legal purpose or content of the meetings.
D. ANTI-HARASSMENT POLICY:
All employees will be free of all forms of harassment including sexual harassment and offensive
language and behavior regarding an individuals race, religion, color, national origin, ancestry,
physical handicap, medical condition, marital status or sex.
Employees of the County shall be cautioned to consider their behavior and comments from the
perspective of anyone who may be offended by them.
The County does not condone, and will not tolerate, any form of discrimination, harassment, or
retaliation prohibited by federal, state and local laws.
If you feel that you are the victim of discrimination or harassment, you have the right to complain
about any offending behavior or comments and are encouraged to bring your complaint to your
Supervisor or Department Heads attention without fear of retribution or retaliation in any form
against you. To file a complaint, follow the procedure specified in the GRIEVANCE
PROCEDURES SECTION of this manual. There is one for all disability complaints and a
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second one for all EEO complaints and/or for any other type of Regular Employee grievance
allowed by that policy.
H. MEDICAL EXAMINATIONS:
Employees may be required to take a post-employment physical exam to determine their ability to
perform the essential duties of the job.
If an employees ability to perform the essential duties of their job is deficient for any reason, the
supervisor may treat such failure to perform as grounds for corrective action unless the employee
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provides timely evidence under the FMLA or ADA that they are in need of time off for medical
treatment or reasonable accommodation. Failure on the part of an employee to address their work
performance issues does not excuse them from performing essential duties. Refusal to cooperate
with reasonable requests and procedures regarding fitness for duty questions raised by observable
and documented job performance issues may result in the employee being unprotected under
either law. For further information, consult the countys ADA and FMLA policies.
Employees shall submit to routine physical examinations if required by the employees job
description or job classification.
All employee physical examinations requested by Sedgwick County or required by the
employees job description or job classification will be paid for by Sedgwick County. Sedgwick
County administration will receive and retain the results of the physical examination under ADA,
ADAA and HIPAA privacy rules and will furnish the employee a copy upon request.
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B. DEFINITIONS:
1. Alcohol or Alcoholic Beverages - "Alcohol" means beer, wine, and all forms of
distilled liquor containing ethyl alcohol. Reference to use or possession of alcohol
including use or possession of any beverage, mixture, or preparation containing ethyl
alcohol.
2. CDL - Commercial Drivers License
3. Drug - Any substance (other than alcohol) that has known mind or function-altering
effects on a person. These substances include, but are not limited to, marijuana and
substances prohibited or controlled by Colorado and federal controlled substance
laws.
4. Management Management shall include Supervisors, Elected Officials, Department
Heads, and the Board of County Commissioners.
5. Motor vehicle accident - the term motor vehicle accident includes (a) an
occurrence during the course of performing job duties and involving a County
vehicle or the employees personal vehicle; and (b) an occurrence during off-duty
hours, but involving a County vehicle, and which results in bodily injury to anyone or
a citation for a moving traffic violation arising from the accident.
6. Negative Test A drug test which does not detect drugs in the employees system or
an alcohol test in which the employee has a blood alcohol content below 0.02.
7. Prescribed Drugs Any substance, except marijuana, prescribed for the individual
consuming it by a licensed medical practitioner and which is used in the manner,
combination, and quantity prescribed.
8. Positive Test A drug test which detects drugs in the employees system or an
alcohol test in which the employee has a blood alcohol content above 0.02.
C. STATEMENT OF POLICY:
1. To ensure a safe and productive work environment at all County facilities and to
safeguard County property, the unlawful manufacture, distribution, dispensation,
possession, use, sale, or transfer of alcohol, drugs or controlled substance on any
County premises, work sites or during County work time, is strictly prohibited,
except as provided for prescription drugs. The County therefore has a ZERO
tolerance policy towards use of drugs and alcohol. An employee who tests positive
for drugs or alcohol violates this policy and is subject to disciplinary action.
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2. No employee may report for work, or go to or remain on duty while under the
influence or impaired by alcohol or any drug, except as provided for prescription
drugs. If an employee reports for work, goes to or remains on duty while under such
influence, disciplinary sanctions will be imposed.
3. County vehicles or private vehicles operated for County purposes, as well as private
vehicles parked on premises or work sites are locations included within this
prohibition. At no time shall a County vehicle be operated while any employee is
under the influence of drugs or alcohol.
4. As a condition of employment, employees must agree to abide by this policy. Such
condition of employment does not create a contract of employment, but rather is a
prerequisite to hiring or continued employment of any employee.
5. As a condition of employment, employees must agree to report to Management any
criminal drug statute conviction for a violation occurring in the work place. Such
report must be made within five days of the date of conviction. "Conviction" means
a finding of guilt, a plea of nolo contender or imposition of a sentence by any
municipal, state or federal court. Such condition of employment does not create a
contract of employment, but rather is a prerequisite to hiring or continued
employment of any employee.
6. If the employee's job involves a contract with a federal agency for procurement of
goods or services for such agency, or federal grant funds, such conviction will be
reported to the federal agency within ten days of the County receiving the report
required.
7. As a condition of employment, employee must agree to participate in approved
testing for alcohol or controlled substances at a time and place and under such
conditions as designed by the Board of County Commissioners. Such testing may
occur when Management can articulate a reasonable suspicion that the subject
employee is actually performing on the job in an impaired condition. Such testing
may also occur randomly for those employees performing safety-sensitive jobs or
jobs regulated by federal regulations (i.e. U.S. Department of Transportation
regulations).
8. This policy applies to all (full time and/or part time and CDL) personnel employed
by the County. Compliance with this policy is required as a condition of continued
employment.
9. Any such employee found in violation of this policy will be subject to disciplinary
sanctions as set forth in the Sedgwick County Personnel Policy. The sanctions may
include dismissal.
Other actions, including notification of appropriate law
enforcement agencies, may be taken in response to a violation of the policy.
10. The County shall establish a drug-free awareness program. This program shall
inform the employees about the dangers of drugs in the work place; the Countys
policies set forth herein; the availability of community based programs; and
disciplinary sanctions that may be imposed upon employees for drug-abuse
violations.
D. TREATMENT:
It is the responsibility of the employee to initiate treatment for and to correct substance abuse or
dependency. The employee is also responsible for the cost of treatment; however, health
insurance plans include some coverage for drug and alcohol treatment. The County supports
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sound treatment efforts and an employee's job will not be jeopardized in the event the employee
seeks treatment or counseling, assuming this policy has not been violated. However, in situations
where substance abuse has a demonstrable impact on job performance or where there has been
policy violations, disciplinary measures, up to and including termination, will result. In those
circumstances, where an employee is required to seek professional treatment in lieu of being
terminated, refusal by the employee to participate in or failure to successfully complete treatment
will result in termination.
E. TESTING:
1. Pre-employment Substance Screening The County has a work-related concern
that employees who use drugs endanger the public, are at risk of injuring themselves
and others while on the job, and diminish overall workforce productivity.
Additionally, due to workforce size, the employees of the County are often required
to perform various duties (whether or not in their job description) such as drive
County vehicles, operate County equipment, machinery, and power tools, handle
cash and County monies, handle various chemicals, work with electricity, supervise
children, and interact with at-risk children and adults. The County does not have the
ability to observe potential new hires to access their work performance prior to hiring
them. Therefore, in order to protect other employees and the public, meet its
obligation to uphold the public trust, and to treat all new hires equally, the County
will utilize pre-employment drug screening for employees (full time and/or part
time or CDL) as a part of the selection hiring process. The purpose of such
screening will be to detect in job applicants the presence of legal or illegal drugs,
which could cause impaired or unsafe job performance.
2. Testing of Employees for Cause - If any employee is seen possessing or consuming
illegal drugs or alcohol while on duty, or gives Management reasonable suspicion
based upon specific facts and reasonable inferences drawn from those facts that the
employee is affected by the use of drugs or alcohol to the extent that job performance
is impaired, or to the degree that it may result in jeopardizing the safety and wellbeing of the individual, other employees, or the public, the County may require the
employee to submit to an appropriate test for alcohol or drug use. Indicia of
impairment include, but are not limited to, reduced level of work performance,
changed demeanor, unusual behavior (slurred speech, lack of balance, blood shot
eyes, excessive irritability, inability to focus for short periods of time, docility, dazed,
etc.), or any other evidence of drugs or alcohol in the body of an employee. Refusal
to submit to such a test is grounds for termination. A positive result to a drug or
alcohol test may result in either the employee being required to enter a treatment
program at their own expense and/or disciplinary action. In any event, no employee
is allowed to return to work until a negative test result equivalent to the ZERO
tolerance level is obtained.
3. Random Testing - Employees working in a safety-sensitive job, as defined by the
Board of County Commissioners from time-to-time in accordance with state and
federal law, in the Sheriffs Office, or in jobs which require a CDL are subject to
sporadic scheduled drug and alcohol tests performed throughout the calendar year at
various unannounced times. Being selected and subject to a random test (or being
tested for cause) does not remove the employee from future drawings. Therefore, it is
possible for any one employee to be drawn for any or all tests throughout the year.
No less than 50% of CDL holders shall be selected for random drug testing and no
less than 25% of CDL holders shall be selected for random alcohol tests, provided
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that such percentages may change in accordance with federal or state regulations.
Sheriffs Office employees may be subject to additional random testing requirements.
4. Return-to-Duty Tests (For Those Who Are Not Dismissed From Their Employment)
All employees who have tested positive for alcohol or drugs, as defined above, or
who have informed the County that they may have a problem associated with drug or
alcohol use must undergo a return-to-duty alcohol and/or drug test prior to returning to
duty requiring the performance of a safety-sensitive function. A return-to-duty alcohol
test must have a result of less than 0.02 blood alcohol concentration; a return-to-duty
drug test must have a verified negative result. Return-to-duty tests shall be paid for by
the County.
5. Follow-up Testing (For Employees Who Are Not Dismissed From Their
Employment) All employees who have tested positive for alcohol or drugs, as
defined in this Policy, or who have informed the County that they may have a problem
associated with drug use or alcohol misuse may also be required to submit to follow-up
testing following their return to work. The follow-up testing program will be designed
by a Substance Abuse Professional (SAP), as that person is defined in 49 C.F.R. Part
40. The employee will pay all costs associated with the SAP evaluation, SAP services,
and all required follow-up tests.
6. Post-Accident Testing
a. If an employees actions either contributed to a motor vehicle accident, or
cannot be discounted as a contributing factor to a motor vehicle accident, as
determined by Management, the employee shall provide, as soon as possible
after the motor vehicle accident, breath, urine and/or blood samples to be
tested for drugs and alcohol at a testing site designated by the County.
b. If an employees actions either contributed to damage to a vehicle or any
other property, or cannot be discounted as a contributing factor to damage to
a vehicle or any other property, as determined by Management, the employee
may be required to provide, as soon as possible after the motor vehicle
accident, breath, urine and/or blood samples to be tested for drugs and
alcohol at a testing site designated by the County.
7. Employee Refusal Any employee who refuses a reasonable suspicion,
post-accident, random, return-to-duty testing or follow-up testing will be terminated.
The following behavior constitutes a refusal:
a. Failure to provide adequate breath for testing without a valid medical
explanation.
b. Failure to provide adequate urine for controlled testing without a valid
medical explanation.
c. Adulterating or diluting the specimen, substituting the specimen, or sending
an imposter.
d. Failure to show up for scheduled testing unless documentation of a medical
reason is presented.
e. Failure to proceed to the testing site within 30 minutes of the time the
employee is told to report.
f.
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8. Appeal Process - After being notified of positive test results on a confirmatory test,
the employee may challenge the results and request that an additional test on the
same urine sample be conducted at a different, comparable, certified laboratory
which is agreed upon by the County and the employee. The additional test would be
at the expense of the employee if the test results are positive.
F. DISTRIBUTION OF POLICY:
1. Existing employees will receive a copy of the "Sedgwick County Substance Abuse
Policy" and sign an acknowledgment of said policy.
2. New-hires shall be given a copy of the "Sedgwick County Substance Abuse Policy"
by Management at the time of hiring and sign an acknowledgment of said policy.
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after a final offer has been made, but before employment begins. The County will
bear the expense.
4. The general procedure will be to have the laboratory perform an initial immunoassay
screen. In the case of a positive initial screen, a second more specific confirmatory
test will be performed on the same sample.
5. A written report on the screening results will be provided to Management. Negative
results, indicating the absence of any drugs or alcohol will indicate the individual
eligible to continue in the employment selection process. Positive results on a
confirmatory test, indicating the presence of drug may disqualify the applicant for
employment. Any prescribed drugs will be duly noted and unless that prescribed
drug prevents the applicant from performing their tasks as assigned, the applicant
may continue in the selection process.
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9. Prepare a detailed written report about the incident and obtain written statements
from witnesses. These reports are to be held in the strictest of confidence used on a
need-to-know basis by Management.
10. If during the investigation suspected contraband is found, Management shall contact
law enforcement. The agency shall then conduct a certified laboratory test to identify
such substance. Obtain a written report of the laboratorys test results.
11. Have a certified laboratory do initial screening on the urine or blood specimens to
determine if alcohol, drugs or controlled substances are present. If the test results are
negative, the employee probably was not under the influence. If the qualitative test
results are positive, the laboratory will conduct a confirmatory test to determine the
identity of the substance and the amount present in the specimen.
12. When test results are received, treat them as strictly confidential with access on a
need-to-know basis. Keep them in a locked file and do not mix them with other
personnel records. The designated custodian of these test results shall be the
Department Head or the County Clerk only. This information is not to be kept by the
elected officials.
13. If test results on the suspected contraband and specimens are negative, put the
employee back to work, with back-pay, and assure the employee that the
investigation is over and will not affect his/her employment with the County.
14. Post-accident testing will also include testing to determine any other physical
impairments of hearing, sight, possible heart or blood pressure problems and will
include all tests determined necessary due to the circumstances surrounding the
accident. This policy will insure the employee, as well as the County, of the exact
cause of the impairment of the employee which may not be reflected by the
employees' behavior or action.
15. If the test results are positive, the Department Head will review the policy violation.
Depending upon the violation, positive test results for drugs or alcohol will result in
either the employee being required to enter a treatment program and/or being
disciplined, up to and including termination. In any event, no employee will be
allowed to return to work until a negative test result is obtained. Should an employee
be required to enter a treatment program, the employee will be subjected to testing
for cause. If any test results are positive after the opportunity for treatment and/or
counseling, termination will be the normal consequences.
16. The Supervisor, Department Head and other Management, if applicable, (no less than
two Management persons), will meet with the employee and inform him/her of the
test results and any action to be taken.
17. Keep all records and information about any testing strictly confidential. Do not
discuss the matter with anyone other than the Department Head or the County
Attorney. All documentation and records are to be turned over to the Department
Head or County Clerk personally and no copies are to be kept in private personnel
files.
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Employees convicted or who plead guilty or no lo contenders to such drug related violations are
subject to termination and/or mandatory attendance and successful completion of a drug abuse
assistance or similar program as a condition of continued employment.
Other departments may have additional legally required procedures for testing, such as the Road
and Bridge department. However, no testing policy or procedure may be used without the
express consent of the BOCC.
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_______________________________
DEPARTMENT
________________________________
DATE
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IX.
BENEFITS
Unless otherwise accrued as paid leave under the terms of this policy (or, for existing employees who
accrued paid leave under a prior policy), any leave is unpaid. For any periods of unpaid leave, paid leave
of any category will not accrue nor will any benefits except those required by law, such as retirement
contributions or continued payments for employee only healthcare premiums.
A. VACATION LEAVE:
All employees shall have been employed for at least 6 months before being eligible to use
accrued vacation time.
All employees shall have been employed for at least 1year before becoming eligible for job
separation compensation.
Scheduled time off for vacation shall be at the discretion of the Board of County Commissioners
and the appropriate Elected Official or Department Head. Maximum accrued hours of paid
vacation are 160 hours. Any hours accumulated above said amount by December 20 of each year
will be forfeited.
Employees shall accrue vacation time according to the following schedule:
Duration of Time Worked in County
Rate of Accumulation
0-9 Years
10-14 Years
1520 Years
20-24 Years
25 or More Years
B. SICK LEAVE:
Every eligible employee shall earn paid sick leave credit of 1 day (8 hours) for each full month in
a calendar year from January through December. Sick leave can be used upon date of
employment. Sick leave accumulation is unlimited. Any employee, upon retirement after the
minimum age of 62 or becoming qualified disabled, (per qualifications of social security
regulations) shall be compensated based on regular pay for a maximum of 60 days (480 hours) of
accrued sick leave. Sick leave credit and payment therefore may be used only in the case of bonafide employee illness requiring absence from the job or immediate family illness or as allowed
under FMLA. Sick leave determinations shall be made by the Board of County Commissioners,
the appropriate Elected Official or the Department Head involved. Their decision shall be final. A
doctors certificate may be required to substantiate illness by Department Head, Elected Official,
or Commissioner.
B-1. SICK LEAVE DONATION:
Eligible employees will be allowed to donate their sick leave to another county employee if they
so choose. They will not be paid back those hours at any time after donating. Eligibility
requirements are as follows:
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C. FUNERAL LEAVE:
A paid three-day funeral leave will be granted for any member of the immediate family (spouse,
child, step-child, mother, father, aunt, uncle, brother, sister, father-in-law, mother-in-law, brotherin-law, sister-in-law, grandparents, or step-parents or grandchildren). An unpaid funeral leave of
up to 3 days may be granted for any other family members. Request must be approved by the
supervisor. Paid leave will be granted only if the three days fall during regularly scheduled
workdays. You may also, with supervisory approval, use any available paid leave benefits for
additional time off as necessary.
An office or department may be closed for a funeral upon approval by the Board of County
Commissioners; i.e. death of an employee. In this case, employees will be allowed to attend on
county time.
For the purpose of calculating overtime, the time allowed to attend a funeral when the office or
department is closed by the BOCC will be considered as paid leave time.
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If an employee does not return to work from any approved leave on or before the agreed upon
date or come to a written agreement with management on an extension of time the employee may
mostly be considered to have terminated his/her employment.
E. MILITARY LEAVE:
Any officer or employee who is a member of the national guard or reserve forces under state or
federal law shall be given up to 15 days annual military leave without loss of seniority, pay,
status, efficiency rating, vacation, sick leave or other benefits for all of the time, up to the 15 day
limit, when he or she is engaged in training or service ordered by the appropriate military
authority. If the time for which leave with pay is exceeded they shall be entitled to leave without
pay and shall be reinstated following active service in time of war or emergency, or if otherwise
called to active service. This policy shall be in accordance with Sections 29-3-601 and 603, CRS,
1973. Copies of Orders should be submitted to the Department Heads two weeks prior to
beginning of leave. In addition, the amendments to the Family and Medical Leave Act allowing
time off for military-related medical needs or for military-related exigencies will be observed.
See FMLA provisions.
F. JURY DUTY:
Full time employees required to serve as a subpoenaed witness or juror during scheduled work
time are entitled to paid leave. In order to be granted leave for jury duty the employee must
submit a copy of the Summons and all forms furnished by the Clerk of the Court to the
Department Head. The employee shall reimburse the county all fees except mileage.
G. HOLIDAYS:
The county normally observes 10 paid holidays. They are; New Years Day, Martin Luther King
Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans
Day, Thanksgiving Day and Christmas. If a holiday falls on Sunday the following Monday will
be observed. If a holiday falls on Saturday, the previous Friday will be observed. There are 3
Administrative days or partial days off that may be changed without notice and are not paid
holiday days. They are: Day after Thanksgiving, Christmas Eve and New Years Eve.
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f.
Because you are the spouse, son, daughter, parent or next of kin of a covered
service member with a serious injury or illness.
3. Employee Gives Notice to County: The employee must provide advance notice of 30
days for family leave (birth, adoption, or foster care placement) if practical. For
medical leave, if an employee, spouse, parent, or childs medical treatment is
planned; the employee must make a reasonable effort to schedule the treatment so as
not to be unduly disruptive to the employers operations. For emergencies no notice
is required.
4. Supervisor Gives Notice to County: Whenever a supervisor, manager or Elected
official is notified by an employee verbally or in writing, or learns of circumstances
that reasonably suggest that, an employee may qualify for FMLA leave as listed in
items 1-6 above, that person should immediately notify the payroll clerk or
administrator for that department and inform the employee to pick up the forms. The
payroll clerk or administrator for that department shall provide the employee with the
blank government forms for Notice of Eligibility and Notice of Authorization and
make a note to the file.
a. Whenever a supervisor, manager, or Elected official or payroll clerk or
administrator for that unit has observed or knows that an employee is or may
be absent for three or more days Or has a pattern of frequent, unexplained
absences for one of the reasons listed in items 1-6 above, that person should
immediately notify the payroll clerk or administrator for that department.
The payroll clerk or administrator for that department shall provide the
employee with the blank government forms for Notice of Eligibility and
Notice of Authorization and make a note to the file.
b. For purposes of the policy a pattern of frequent, unexplained absences is a
series of repetitive absences that is double that of the average (or median) for
the job title for the department, or most of which are unpredictable in nature
(i.e. call-ins that morning) or which in some other verifiable manner have
been disruptive to the work or scheduling of the department.
5. County Notice of Eligibility and Review is By Administrator: The County has 5
days to provide notice to the employee regarding the eligibility for FMLA: that is,
whether or not the employee has worked 12 months and 1250 hours. The County
also has 5 days to provide the necessary forms to the employee.
6. County Notice of Authorization of Leave after Certification is Complete: Sedgwick
County may require that the employee provide a doctors certification explaining the
personal or family medical condition for which leave is requested or other
certification documentation.
a. The employee then has 15 days to return the medical form completed. THE
MEDICAL INFORMATION SHOULD NOT BE RETURNED TO THE
SUPERVISOR BUT TO AN ELECTED OFFICIAL OR DESIGNATED
PAYROLL OR FMLA ADMINISTRATOR FOR THE COUNTY.
b. Within 5 days after the end of the 15 days, the Board must notify the
employee if the leave is FMLA protected or denied, or whether additional
certification information or another medical certification exam will be
required.
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7. RIGHT TO CURE: The employee may get an additional 7 days to cure if the leave is
denied. If the employee does not provide sufficient FMLA certification, the
employee jeopardizes his/her right to job protection under the FMLA leave.
8. FAILURE TO RESPOND: If an employee fails or refuses to identify or document an
FMLA or other qualifying reason for the absences, and invokes the protection of the
FMLA, then the supervisor is free to treat the absences as he would any other
performance issue.
9. ACCRUAL OF BENEFITS: If an employee is on unpaid leave, benefits will not
accrue during the employees absence. During a period of family or medical leave,
Sedgwick Countys employee will be retained on the health plan under the same
conditions that applied before leave commenced. To continue coverage, the
employee must continue to make any contribution they made to the plan before leave.
10. USE OF PAID LEAVE DURING FMLA: The county policy is to require an
employee on FMLA to use paid leave as appropriate: sick leave, vacation and other
leave may be used first as appropriate, then unpaid leave. County holidays are not an
FMLA leave day. Accrued overtime may be used at the employees option but is not
required to be used during FMLA. After all available paid leave is used then unpaid
leave will be allotted.
11. RETURN TO WORK RULES AFTER FMLA OR OTHER LEAVE: If an employee
fails to return to work of their own volition after taking any type of paid or unpaid
leave, without making specific arrangements as to a date they will return to work,
they may likely be understood to have quit or abandoned their job. It is an
employees duty to report clearly and in the case of FMLA, in writing, when they are
returning from any type of leave.
a. If the employee fails to return to work of their own volition after taking any
type of unpaid leave, without making specific arrangements as to a date they
will return to work under the family medical leave provisions, the employee
may be required to reimburse the county for any benefit payments made by
the county if they have not made a timely COBRA election to continue
paying (and to reimburse for) any insurance premiums then due and owing.
b. The only instance reimbursement is not required is if a serious health
condition OR OTHER CIRCUMSTANCE WHICH IS BEYOND THE
EMPLOYEES CONTROL prevents the employee from performing their
job.
J. UNEMPLOYMENT COVERAGE:
Any terminated employee has the right to apply for unemployment compensation benefits
provided by the State of Colorado after leaving employment. He or she is subject to all the
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requirements set by the state. Terminating voluntarily or termination for cause may subject the
claim to review.
K. RETIREMENT PLAN:
Sedgwick County is a member of Colorado County Officials and Employees Retirement
Association. All employees working 20 hours or more per week are required to participate as a
condition of employment after they have been employed for one year. Participation by Elected
Officials begins on the date they take office.
An employee joins the plan by signing the acceptance form furnished by Sedgwick County. This
authorizes the county to make contributions through payroll deductions. Employees should
request a copy of the Plan Summary from COERA for further details as the county is not the
plans administrator and is not authorized to explain the details of the plan.
Sedgwick Countys contribution is currently 3% of an employees regular annual salary.
Employees are required to contribute an amount equal to the countys 3%. Employees may
voluntarily contribute additional amounts according to the Association rules.
L. INCENTIVIZED RETIREE PLAN:
Employees who have worked a minimum of 5 years for Sedgwick County and who are between
62 and 65 years of age and who are retiring without the option of becoming a full time employee
elsewhere may be eligible for coverage. Incentivized Retirees eligibility for coverage would be
limited to coverage starting as early as the month in which they become 62 years of age and
ending at the end of the month in which they become 65 years of age. If you become a full time
employee elsewhere your benefits will cease immediately.
N. HEALTH INSURANCE:
Currently, Sedgwick County has health insurance provided to its employees and elected officials
through a coverage contract with County Health Pool. This coverage is available to all eligible
Employees. If it is not taken, the employee does not receive any compensation from the County
for the health premium because it is a part of the tax-deductible flexible benefits plan.
To enroll, a new employee must enroll after 30 days but before 60 days after starting work. After
30 days from their date of employment before the first day of the next month a new employee can
elect to take the Countys health insurance plan. Should they elect to be in the plan within that
time frame, no physical will be required. There are some limitations on pre-existing conditions,
but after those limitations expire, full coverage is granted. If you miss this new enrollment
period, you will be subject to additional restrictions or limitations. An eligible employee can
elect to go on the health plan at a later date if circumstances change after first refusing the benefit.
However, they may then be required to take a physical, and are subject to acceptance by the plan
provider. An employee could be rejected if the plan provider finds him an unacceptable risk.
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The eligible employee can elect to take single coverage or family coverage. The county pays a
portion of the coverage. The employee also pays a portion of the coverage. Since rates may
change on an annual basis, the current years rates need to be consulted for accurate information.
If the employee elects to take health insurance, life insurance and accidental death and disability
insurance are also provided. Details of the current plans rates and exact benefits are available at
the County Finance Office. The employees portion would be deducted from the employees
monthly paycheck. The deduction from the paycheck provides coverage for the next month.
The current health plan requires an employee to call a Patient Service (toll free number) for
certain treatments or there will be substantial losses in coverage.
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X.
COMPENSATION
A time sheet will be maintained for each employee, recording all hours worked. The time sheet shall be
signed by both the employee and supervisor to certify the accuracy of the time record and shall be turned
into the County Finance Office each week. Employees who are exempt from overtime are not excluded
from the requirement to maintain hours and dates worked on a time sheet.
Exempt employees are paid for any week in which they actually work, less time required to be recorded
in greater than 15 minute intervals to paid leave accruals. They must use paid leave for all absences
except as noted in this policy. Unpaid leave may be required only if allowable under wage hour laws for
exempts.
The time sheets should reflect actual hours worked. If paid leave or compensatory time is used, the time
sheet should reflect the hours used and the type of paid leave used. If an employee works on a holiday,
the time card must reflect that it was holiday hours worked and the reason the employee was required to
work on a holiday.
Under no circumstances should any employee or supervisor report or approve time as worked if it was
not, or time off if it was worked. A supervisors signature is his or her verification that the hours are
correct to the best of their knowledge and ability to determine. The County considers attempts to falsify
timekeeping records a very serious matter. Therefore, any of the following actions may result in
disciplinary action, up to and including termination: refusing to complete time records appropriately,
altering, falsifying, tampering with time records, or recording another employees time record.
B. WAGE GARNISHMENT:
Garnishment of wages or child support orders may result when an unpaid creditor has taken the
matter to court. A garnishment is a court order allowing for creditors to collect part of an
employees pay directly from Sedgwick County. Although the County does not wish to become
involved in an employees private matters, the County is compelled by law to administer the
courts orders. Government levies will be treated in the same manner as garnishments.
Employees are encouraged to resolve these matters privately.
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C. VOLUNTARY DEDUCTIONS:
The Board of County Commissioners has approved some payroll deduction plans where
employees may elect to have funds deducted from their payroll checks to pay personal insurance
or other voluntary payroll deductions. New plans must receive approval by the Board of County
Commissioners before the county will make voluntary deductions.
G. OVERTIME PAY:
ALL TIME WORKED IN EXCESS OF THE NORMAL WORK WEEK IS TO BE
UNDERSTOOD AS BEING UNDER A COUNTY AND A DEPARTMENTAL
AGREEMENT WITH ALL EMPLOYEES TO GRANT COMPENSATORY TIME OFF
AT TIME AND ONE-HALF IN LIEU OF OVERTIME PAY. EXCEPT AS PROVIDED
IN THE EXCEPTIONS BELOW, ANY OTHER OVERTIME COMPENSATION IS NOT
EXPRESSLY AUTHORIZED UNDER THE BUDGET APPROVAL OF THE BOCC.
EVERY EMPLOYEE IS EXPECTED TO CONSENT TO THIS AGREEMENT FOR
OVERTIME-COMPENSATORY TIME OFF IN PLACE OF OVERTIME PAY.
Employees may be required to work overtime from time to time in order to meet staffing and
work needs of the department during times of an emergency or to meet statutory deadline. During
such times, an employee may be moved from one department to another when approved by both
the County Commissioners and the Elected Official(s) or Department Head(s) involved. An
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employee in this instance would be a temporarily loaned employee and overtime laws would
apply to both county departments.
Paid leave time (Vacation, Sick, and Funeral leave) and paid non-worked Holiday pay will not be
used to calculate overtime. Holiday hours actually worked may be used to calculate overtime
only in the case where it is a scheduled workday or a bona fide emergency.
Regardless of the overtime request, if an employee is suffered or permitted to work, they are
entitled to appropriate compensatory time off or overtime pay, as provided in this policy and
under the FLSA
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overtime pay in excess of budgeted amounts does not guarantee funding of additional
compensatory and overtime pay later in the year.
STATUTORY DEADLINES AND EMERGENCIES: Employees may be required to work
overtime from time to time in order to meet staffing and work needs of the department during
times of an emergency or to meet statutory deadline. In such an event, Department Heads may
submit a written request to the Board of County Commissioners asking for authorization to pay
employees overtime pay rather than compensatory time off.
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M. EXEMPT CLASSIFICATIONS:
The following classifications of employees are exempt from overtime regulations and do not
receive overtime compensation: Elected Officials and Executive, Administrative, Professional
and certain employees in Computer Related Occupations, as determined under the Fair Labor
Standards Act. General guidelines for determining Executive, Administrative, Professional, and
Computer Related positions are provided in Appendix A of this policy, as found in the Fair
Labor Standards Handbook, Thompson Publishing. In order for other employees to be
considered exempt, an exemption statement must be on file in the Administration office and, as a
budget matter, approved by a vote of the BOCC.
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XI.
For employees who might be required to drive their own vehicle to meetings or for county business, a
mileage claim can be turned in. The current reimbursement is calculated on a sliding scale.
2. REIMBURSABLE EXPENSES:
The purpose of this travel rule is to set forth policies and procedures for travel and reimbursement
of travel expenses. These policies and procedures shall apply to all elected officials, officers,
employees and Board of County Commissioners of Sedgwick County. It is the responsibility of
the traveler, his/her immediate Supervisor, and the Department Head of Elected Official to assure
that all travel charged to the County, regardless of the sources of funds, is accomplished for the
benefit of the County and is completed at the most reasonable cost. Reimbursements for travel
expenses are allowed for the following purposes within the limits prescribed:
3. PRIVATE AUTOMOBILE:
Employees shall be allowed a fee per mile (see Section 8 B) for costs incurred while operating a
privately owned car, truck, van or motorcycle. Approved travel includes mileage travel between
the office and business destinations.
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Employees shall note that private vehicles are not covered under the countys insurance plan.
The employee is responsible for all required insurance on their own vehicle and shall show proof
of liability insurance to the County Clerk if using their private vehicle for County business. The
county is not liable for any damages, deductibles, co pays or liability coverages that might occur
during the use of the employees vehicle for county business.
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6. The corrective action plan should usually be followed up on and notated as to the
employees compliance within 3 months. It can be renegotiated on an ongoing basis
but the county is under no obligation to do so.
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A. DEFINITIONS:
1. Grievable issues: A Grievance is a complaint or dispute by any employee or
Employees relating to employment with Sedgwick County, including, but not
necessarily limited to the following:
a. Disciplinary actions, including written reprimands, suspensions, and
terminations.
b. The proper application and/or interpretation of personnel policies,
procedures, rules and regulations, and ordinances and statutes.
c. Acts of reprisal as a result of utilization of the grievance procedure or of
participation in the grievance of another Sedgwick County employee.
d. Complaints of discrimination on the basis of race, color, political affiliation,
age, national origin, religion, ancestry, sex, or disabilities as defined by the
Americans With Disabilities Act.
2. Non-Grievable Issues: The Board of County Commissioners retains the exclusive
right to manage the affairs and operation of Sedgwick County. Accordingly, the
following complaints are not grievable under this procedure:
a. The determination of the governmental services to be rendered to the citizens
of Sedgwick County, utilizing personnel, methods, and means in the most
appropriate and efficient manner possible.
b. The determination of the financial, budgetary, accounting, and organization
policies and procedures.
c. The contents of personnel policies, drug and alcohol policies, procedures,
rules and regulations, and ordinances and statutes.
d. Establishment and revision of wages, salaries, general benefits, and position
classifications.
e. Work activity accepted by the employee as a condition of employment, work
activity offered through Modified Duty under Workers Compensation, or
work activity, which may reasonably be expected to be a part of the job
content.
f.
g. Failure to be promoted except where the employee can show that established
promotional policies or procedures were not followed.
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j.
B. FILING A GRIEVANCE:
1. A grievance must be made in writing within five (5) working days of action being
grieved.
2. Any grievances must be filed directly with the Department Head.
3. The Department Head shall provide a written decision to the Employee within ten
(10) working days of his/her receipt of the appeal.
4. If an employee is not satisfied with the decision of the Department Head/Supervisor,
he/she may submit an appeal in writing to the County Commissioners within five (5)
working days of the Department Heads/Supervisors decision. Such an appeal must
state the nature of the problem, prior actions taken by the Department Head or
Supervisor, the reason the employee is seeking a review by the County
Commissioners and the relief sought in the appeal process.
5. The employee shall indicate whether he/she desires an informal discussion or a
hearing with the County Commissioners.
6. If an informal discussion is requested by the employee, the County Commissioners
shall schedule a meeting for the purpose of discussing the grievance. The County
Commissioners will make a determination and respond to the employee, in writing,
normally within ten (10) working days of the meeting. The decision of the County
Commissioners will be final.
7. If a hearing is requested by the employee, the County Commissioners shall schedule
said hearing normally within thirty (30) days after the date of request. During the
course of the hearing, the County Commissioners shall hear the evidence of the
charges against the affected employee. The employee shall, likewise, present
evidence on his behalf regarding the charges or grievance he or she may have. Each
side may question or cross-examine any and all witnesses called by the opposite side.
The hearing shall be informal in nature and the County Commissioners may accept or
reject whatever evidence they think relevant including hearsay evidence. Following
presentation of all evidence, the employee shall be given an opportunity to make a
closing statement. If desired, the Department Head may do likewise.
8. After the hearing, the County Commissioners will make a determination and respond
to the employee, in writing, normally within ten (10) working days. The decision of
the County Commissioners will be final, subject, of course, to any rights the
employee may have to appeal to appropriate courts of law.
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C. RETIREMENT BENEFITS:
Upon retirement, the employee will be referred to the Retirement Plan Administrator and given a
copy of the available information regarding options and paperwork that they may need to fill out
at the exit interview.
E. REDUCTION IN FORCE:
The Board of County Commissioners, Department Heads and/or Elected Officials may initiate
layoffs for the following reasons; lack of work, lack of funds, or reorganization.
1. Order of layoff - When there is a reduction in the number of positions in a job profile,
vacant positions in the profiles shall first be abolished. Employees shall then be laid
off from affected profile in the following order: temporary/temporary seasonal,
beginning with employee, temporarily promoted, conditionally promoted, permanent
full time. The Board, Department Head or Elected Official shall terminate
employees in temporary positions in the effected profile and abolish their positions.
Layoff according to seniority means that the employees hired in the last 0-9 months
will be the first laid off, so no need for a separate category here either.
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the position and, in the case of bumping, having more seniority than the
employee being bumped.
The employee may be offered a position in any profile at the same grade
level in another occupational group in a profile in which the employee had
previously attained permanent status, or the highest-level demotional
opportunity in the same occupational group as the employees current profile.
i. All offers for re-employment shall be made in writing. The
employee will have three days in which to respond in writing. If
no response is received the employees name shall be removed
from the re-employment list. Re-employment lists shall expire at
the end of 12 months.
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______________________________________
Employee Signature
______________
Date
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________________________
Commissioner
_______________________
Commissioner
ATTEST: ______________________________
County Clerk and Recorder
The following offices have accepted these policies:
____________________________________
Sedgwick County Clerk and Recorder
_______________________________
Date
____________________________________
Sedgwick County Treasurer
_______________________________
Date
____________________________________
Sedgwick County Assessor
_______________________________
Date
____________________________________
Sedgwick County Sheriff
_______________________________
Date
____________________________________
Sedgwick County Road & Bridge
________________________________
Date
____________________________________
Sedgwick County Pest & Weed
________________________________
Date
____________________________________
Sedgwick County Comm Center Director
________________________________
Date
____________________________________
C.S.U. Extension Office, Sedgwick County
________________________________
Date
____________________________________
Colorado Welcome Center at Julesburg
________________________________
Date
____________________________________
Sedgwick County Department of Human
Services
________________________________
Date
These policies cover all Sedgwick County employees in the offices of the above-signed elected officials and all other departments
and employees of the county. I have read and have had an opportunity to ask questions concerning the policies of Sedgwick
County.
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XVIII.
A. EXEMPT EMPLOYEES:
1. Executive Employees - An employee who meets either the long test or the short test for
executives specified in 29 C.F.R. 541.1 and 541.101 is exempt.
a. Long Test for Executive Employees: An executive employee must meet all of the
following requirements to be exempt from the Fair Labor Standards Act (FLSA)
minimum wage and overtime provisions:
i. Duties: Primarily management of the agency, department or subdivision.
ii. Supervision: Customarily and regularly directs two or more other employees.
iii. Authority: Possesses the power to hire or fire employees, or makes suggestions
that are given substantial weight in such decisions, including promotions.
iv. Discretion: Customarily and regularly exercises discretionary power.
v. Work Responsibility: Does not devote more than 20 percent of his or her hours
in a workweek to the performance of activities not closely related to items (1)
through (4).
vi. Compensation: Is paid not less than $155 per week exclusive of board, lodging
or other facilities (1490). (On a yearly basis, $155 per week equals about $8,060
per year.)
b. Short Test for Executive Employees: An executive employee must meet all of the
following requirements to be exempt:
i. Compensation: Is paid not less than $250 per week exclusive of board, lodging,
or other facilities (1490). (On a yearly basis, $250 per week equals about $13,000
per year.)
ii. Duties: Primarily management of the agency, department, or subdivision.
iii. Supervision: Customarily and regularly directs two or more other employees.
2. Administrative Employees - An administrative employee must meet all of the following
requirements to be exempt from the Fair Labor Standards Act (FLSA) minimum wage and
overtime provisions:
a. Long Test for Administrative Employees: An administrative employee must meet all of
the following requirements to be exempt from the FLSA minimum wage and overtime
provisions:
i. Duties: Primarily consist of either:
1. non-manual or office work directly related to management policies or
general business operations; or
2. Performance of administrative functions in an educational establishment
in work related to academic training or instruction.
ii. Discretion:
judgment.
iii. Supervision:
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b. Short Test for Professional Employees: A professional employee must meet all of the
following requirements to be exempt from the FLSA minimum wage and overtime
provisions:
i. Compensation: Is paid not less than $170 per week exclusive of board, lodging
or other facilities.
ii. Duties: Primarily consist of performing work requiring advanced learning or
work as a teacher.
iii. Discretion: Must include work that requires the consistent exercise of discretion
and judgment or consist of work requiring invention, imagination or talent in a
recognized field of artistic endeavor.
4. Employees in Computer-Related Occupations - An employees primary duty for this
exemption must consist of one or more of the following:
a. the application of systems analysis techniques and procedures, including consulting with
users, to determine hardware, software or system functional specifications;
b. the design, development, documentation, analysis, creation, testing or modification of
computer systems or programs, including prototypes, based on and related to user or
system design specifications;
c. the design, documentation, testing, creation or modification of computer programs related
to machine operating systems; or
d. A combination of these duties, the performance of which requires the same level of skills.
The professional exemption does not include trainees or persons in entry-level jobs
learning the computer specialties or programming, engineering and analysis.
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Health insurance must be terminated or continued through COBRA. You must come to the
County Finance Office to sign the proper form.
Cobra permits you to rescind or change this decision within another 30 days by contacting
your health insurance provider for the proper forms
_______ I intend to terminate my health Insurance
_______ I intend to continue my health insurance coverage through COBRA
Please read the personnel policy concerning retirement benefits 11-C and inform the Finance
Office which plan you intend to participate in. The plan you are eligible for will be
determined by the manner of your job separation, i.e.: retirement, resignation, and
termination.
Qualification for sick leave benefits is as described in the Sedgwick County Personnel Policy
11-D.
_______ I qualify for sick leave benefits (retirement after age of 62)
_______ I qualify for sick leave benefits (disabled per social security regulations)
_______ I qualify for vacation benefits (employed for six months or more)
You must cancel your direct deposit request with the county. You must come to the County
Finance Office to sign the form.
________________________
Employee signature
_____________________________
Supervisor signature
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7. Email may not be used for any wrongful, offensive or illegal purpose. This includes, but is
not limited to false, harassing, slanderous messages or attachments or any messages that
violate copyrights;
8. Email may not be used to violate any other County policies or regulations;
9. Employees may subscribe to listservs, discussion groups and/or chat rooms that are directly
related to business purposes. No other such subscriptions are permitted.
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C. PRIVACY OFFICER:
The county privacy officials shall be:
1. Jane Kipp
2. Lisa Ault
3. Randy Peck
4. Joe Neugebauer
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The County Privacy Officers duties shall include all necessary tasks to insure that the county
remains in compliance with HIPAA, including but not limited to:
1. Monitoring and implementing the countys privacy procedures through training, supervision
and follow-through with all county personal;
2. Receiving, investigating, and resolving complaints regarding potential breaches of privacy;
3. Maintaining a log of such incidents that complies with HIPAA; and
4. Reporting on such duties to the Board of County Commissioners not less than once per year.
5. Ensuring the proper postings of a currently valid Notice per HIPAA.
D. POSTING OF NOTICE:
The Notice of HIPAA Privacy below shall be posted on all employee bulletin boards at county
facilities.
Notice of Privacy Protections for Personal Health Information (PHI)
Definition of Protected Health Information or Personal Health Information
Hereafter, when referring to personal health information, protected health information, or medical
records under any of the applicable laws, this policy shall use the term PHI. In this policy, PHI
shall mean personal health information, and shall include any medical records or personal health
information covered by any of these laws and specifically including all information which is or
may be individually identified Protected Health Information as defined in all parts of HIPAA,
including 45 CFR 160 et seq.
To effectuate this policy with respect to PHI, the county has appointed a Privacy Officer; has
adopted a set of Policies and Procedures that can be found in the County Handbook and in
directives to supervisors; will hereafter post Privacy Notices on all employee bulletin boards at
county facilities; and will hereafter investigate and log each reported privacy breach regarding
PHI and take steps to prevent any further erosion of privacy for all personal health information
regardless of location or manner of storage or transmission.
Commencing on April 14, 2003, any individual who believes that their personal health
information has been created, transmitted, or used in violation of HIPAA may report the alleged
improper use to the County Privacy Officer who shall make a log of the report, and either
investigate and take all necessary steps to protect against any future use of the PHI or to a
designated departmental privacy officer, who shall undertake all assigned duties including
reporting it to the County Privacy Officer.
The county expects all of its employees, officers and volunteers to refrain from any conduct
which would unnecessarily infringe the privacy rights, including privacy of their PHI, of its
employees, volunteers, or clientele. All employees, including supervisors, are expected to consult
these rules regarding the necessity of procuring a signed release of information from the
individual whos PHI is involved.
If any person, including supervisors, is unsure of whether or not the discussion or release of PHI
would be a violation of a persons privacy rights, they are expected to consult with their
supervisor or the county privacy officer before releasing any information.
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E. COMPLAINT PROCESS:
Any individual alleging that their personal protected health information has been used or
disclosed improperly (i.e., in violation of HIPAA) by an officer, volunteer, or employee of the
County should file an internal privacy complain within seven (7) calendar days of receiving
knowledge of the potential wrongful disclosure.
The complaint must be filed with the county Privacy Officer, identified above, or with the privacy
officer appointed for the individual county department, if any such appointment is made. Such
complaint may be made in writing on the county-specified form.
Retaliation against any person filing, investigating, cooperating with an investigation, or
providing evidence for an investigation under this complaint process is strictly prohibited. An
internal complaint may be amended or filed for alleged HIPAA retaliation.
The County Privacy Officer will ensure that the complaint is logged, investigated, and responded
to in a manner which will be designed to prevent potential improper disclosures of PHI in the
future. This process will include a finding in each instance of whether or not an alleged improper
disclosure was substantiated by the evidence taken as a whole, or whether the alleged improper
disclosure was unsubstantiated by the evidence taken as a whole. The individual who has
allegedly been harmed by the disclosure shall not have any substantive or procedural interest in
the determination of the matter, other than as a factual witness, nor in the actions taken to prevent
any potential disclosures in the future.
Whether substantiated or unsubstantiated, each complaint and related information shall be
preserved in a log which complies with HIPAA rules. Substantiated improper disclosures or uses
of PHI and violations of the anti-retaliation policy may subject individuals to censure or
discipline, up to and including termination, depending on the frequency and severity of the
substantiated violations and the potential damage which could result or could have resulted from
the disclosure or use, and the evaluation by the Privacy Officer as to whether such action is the
best response available under the circumstances to prevent future disclosures.
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