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EMPLOYEE HANDBOOK adopted by MONTEZUMA COUNTY COMMISSIONERS January 4, 1988 Amended: December 12, 1997 Amended: April 30, 2001 Amended: January 1, 2010 Amended: February 13, 2012 Amended: November 25, 2013

Montezuma County Employee Handbook 2016

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EMPLOYEE HANDBOOK

adopted by

MONTEZUMA COUNTY COMMISSIONERS

January 4, 1988

Amended: December 12, 1997

Amended: April 30, 2001

Amended: January 1, 2010

Amended: February 13, 2012

Amended: November 25, 2013

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Amended November 25, 2013 Page 1

EMPLOYEE HANDBOOK

MONTEZUMA COUNTY, COLORADO

TABLE OF CONTENTS

IMPORTANT  ................................................................................................................................. 3

GENERAL POLICIES

Equal Employment Opportunity/ Unlawful Harassment ................................................................. 4

ADA and Religious Accommodation .............................................................................................. 4

Sexual Harassment ........................................................................................................................... 4

Complaint Procedure ....................................................................................................................... 5

Anti-Violence................................................................................................................................... 5

Alcohol and Drugs ........................................................................................................................... 5

Conflict of Interest ........................................................................................................................... 6

EMPLOYMENT

Employee Status .............................................................................................................................. 6

Employment of Relatives ................................................................................................................. 6

HOURS OF WORK AND OVERTIME

Hours of Work ................................................................................................................................. 7

Overtime Compensation .................................................................................................................. 7

Time Recording ............................................................................................................................... 8

Paydays ............................................................................................................................................ 8

Inclement Weather ........................................................................................................................... 8

LEAVE

Definition ......................................................................................................................................... 8Applying for Leave .......................................................................................................................... 8

Holidays ........................................................................................................................................... 8

Vacation Leave ................................................................................................................................ 9

Sick Leave ...................................................................................................................................... 10

Medical and Family Leave (FMLA Leave) .................................................................................. 11

Court Leave .................................................................................................................................... 13

Funeral Leave ................................................................................................................................ 13

Military Leave................................................................................................................................ 13

Leave of Absence Without Pay ..................................................................................................... 14

Personal Leave of Absence ............................................................................................................ 14

Absence Without Leave ................................................................................................................. 14

INSURANCE AND RETIREMENT BENEFITS 

Insurance ........................................................................................................................................ 14

Retirement ...................................................................................................................................... 15

VEHICLES/EQUIPMENT/TRAVEL   ....................................................................................... 15

MEALS…………………………………………………………………………………………..18

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SAFETY  ........................................................................................................................................ 18 

SOLICITATION POLICY  ......................................................................................................... 19 

COMPUTER USAGE POLICY

Purpose........................................................................................................................................... 19

Confidentiality and Inspection ....................................................................................................... 19

General Use and Ownership .......................................................................................................... 19

Legal and Ethical Use .................................................................................................................... 20

Security .......................................................................................................................................... 20

Internet and Email .......................................................................................................................... 21

Games ............................................................................................................................................ 21

 Non-County Computer Use ........................................................................................................... 21

Director of IT Authorities .............................................................................................................. 21

Unauthorized Use .......................................................................................................................... 22

TELEPHONES/CELL PHONES  ............................................................................................... 22

DISCIPLINARY PROCEDURE Discipline ....................................................................................................................................... 22

Appeal ............................................................................................................................................ 23

SEPARATIONS  ........................................................................................................................... 23

DEATH  ......................................................................................................................................... 23 

ACKNOWLEDGMENT OF RECEIPT .................................................................................... 25 

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IMPORTANT INFORMATION ABOUT THE EMPLOYEE HANDBOOK

THIS HANDBOOK IS DESIGNED TO ACQUAINT EMPLOYEES WITH

MONTEZUMA COUNTY AND PROVIDE SOME INFORMATION ABOUT WORKINGHERE. THE HANDBOOK IS NOT ALL INCLUSIVE, BUT IS INTENDED TO

PROVIDE EMPLOYEES WITH A SUMMARY OF SOME OF MONTEZUMA

COUNTY’S GUIDELINES. THIS EDITION REPLACES ALL PREVIOUSLY ISSUED

EDITIONS.

EMPLOYMENT WITH MONTEZUMA COUNTY IS AT-WILL. EMPLOYEES HAVE

THE RIGHT TO END THEIR WORK RELATIONSHIP WITH MONTEZUMA

COUNTY, WITH OR WITHOUT ADVANCE NOTICE FOR ANY REASON.

MONTEZUMA COUNTY HAS THE SAME RIGHT. THE CONTENTS OF THIS

HANDBOOK SHALL NOT CREATE A PROPERTY RIGHT OR EMPLOYMENT

CONTRACT BETWEEN MONTEZUMA COUNTY AND ANY EMPLOYEE. THELANGUAGE USED IN THIS HANDBOOK AND ANY VERBAL STATEMENTS MADE

BY MANAGEMENT ARE NOT INTENDED TO CONSTITUTE A CONTRACT OF

EMPLOYMENT, EITHER EXPRESS OR IMPLIED; NOR ARE THEY A GUARANTEE

OF EMPLOYMENT FOR A SPECIFIC DURATION. NO REPRESENTATIVE OF

MONTEZUMA COUNTY, OTHER THAN THE BOARD OF COUNTY

COMMISSIONERS, HAS THE AUTHORITY TO ENTER INTO AN AGREEMENT OF

EMPLOYMENT FOR ANY SPECIFIED PERIOD AND SUCH AGREEMENT MUST BE

IN WRITING, SIGNED BY THE CHAIRMAN OF THE BOARD OF COUNTY

COMMISSIONERS AND THE EMPLOYEE.

NO EMPLOYEE HANDBOOK CAN ANTICIPATE EVERY CIRCUMSTANCE ORQUESTION. AFTER READING THE HANDBOOK, EMPLOYEES THAT HAVE

QUESTIONS SHOULD TALK WITH THEIR IMMEDIATE SUPERVISOR OR THE

HUMAN RESOURCES DEPARTMENT. IN ADDITION, THE NEED MAY ARISE TO

CHANGE THE GUIDELINES DESCRIBED IN THE HANDBOOK; EXCEPT FOR THE

AT-WILL NATURE OF THE EMPLOYMENT, MONTEZUMA COUNTY,

THEREFORE, RESERVES THE RIGHT TO INTERPRET THEM OR TO CHANGE

THEM WITHOUT PRIOR NOTICE.

THE OFFICE OF THE MONTEZUMA COUNTY SHERIFF SHALL BE EXEMPT

FROM THE POLICIES AND WORK RULES CONTAINED IN THIS HANDBOOK

EXCEPT FOR THE FAIR LABOR STANDARDS ACT (FLSA) REQUIREMENTS, AND

OTHER APPLICABLE FEDERAL AND STATE LAWS, AND THE BENEFITS

(SECTION 3.2.3, CHAPTER FOUR LEAVE AND CHAPTER FIVE INSURANCE AND

RETIREMENT BENEFITS) PORTION OF THIS HANDBOOK.

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Chapter One

General Policies

1.1 Equal Employment Opportunity/Unlawful Harassment

Montezuma County is dedicated to the principles of equal employment opportunity. We prohibit

unlawful discrimination against applicants or employees on the basis of age 40 and over, race,

sex, color, religion, national origin, disability, military status, genetic information, or any other

status protected by applicable state or local law. This prohibition includes unlawful harassment

 based on any of these protected classes. Unlawful harassment includes verbal or physical

conduct which has the purpose or effect of substantially interfering with an individual’s work

 performance or creating an intimidating, hostile, or offensive work environment. This policy

applies to all employees, including managers, supervisors, co-workers, and non-employees such

as customers, clients, vendors, consultants, ect.

1.2 ADA and Religious Accommodation

Montezuma County will make reasonable accommodation for qualified individuals with known

disabilities and employees whose work requirements interfere with a religious belief unless doing

so would result in an undue hardship to the county or cause a direct threat to health or safety.

1.3 Sexual Harassment

Montezuma County strongly opposes sexual harassment and inappropriate sexual conduct.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and

other verbal or physical conduct of a sexual nature, when:

•  Submission to such conduct is made explicitly or implicitly a term or condition of

employment.

•  Submission to or rejection of such conduct is used as the basis for decisions affecting

an individual’s employment.

•  Such conduct has the purpose or effect of substantially interfering with an

individual’s work performance or creating an intimidating, hostile, or offensive work

environment

All employees are expected to conduct themselves in a professional and businesslike manner at

all times. Conduct which may violate this policy includes, but is not limited to, sexually implicit

or explicit communications whether in:

•  Written form, such as cartoons, posters, calendars, notes, letter, e-mails.

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•  Verbal form, such as comments, jokes, foul or obscene language of a sexual nature,

gossiping or questions about another’s sex life, or repeated unwanted requests for

dates.

•  Physical gestures and other nonverbal behavior, such as unwelcome touching,

grabbing, fondling, kissing, massaging, and brushing up against another’s body.

1.4 Complaint Procedure

If you believe these has been a violation of the EEO policy or harassment based on the protected

classes listed above, including sexual harassment, please use the following complaint procedure.

Montezuma County expects employees to make a timely complaint to enable the county to

investigate and correct any behavior that may be violation of this policy.

Report the incident to Human Resources or the County Administrator who will investigate the

matter and take corrective action. Your complaint will be kept as confidential as practicable. If

you prefer not to go to either of these individuals with your complaint, you should report theincident to your Department Head.

Montezuma County prohibits retaliation against any employee for filing a complaint under this

 policy or for assisting in a complaint investigation. If you believe there has been a violation of

our EEO or retaliation standard, please follow the complaint procedure outlined above.

If Montezuma County determines that an employee’s behavior is in violation of this policy,

disciplinary action will be taken, up to and including termination of employment.

1.5 Anti-Violence

Employees must not engage in intimidation, threats, or hostile behaviors, physical/verbal abuse,

vandalism, arson, sabotage, or any other act which in management’s opinion is inappropriate to

the workplace. In addition, bizarre or offensive comments regarding violent events and/or

 behavior are not tolerated.

1.6 Alcohol and Drugs 

Montezuma County has a zero tolerance policy regarding being under the influence of alcohol,

drugs or illegal use of a controlled substance while on duty or on county-owned premises.

County property  covered by this guideline includes all County-owned or leased buildings and

surrounding areas such as sidewalks, walkways, driveways, and parking lots under the County’s

ownership or control. This guideline also applies to all County-owned or leased vehicles.

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1.7 Conflict of Interest

In making decisions, all employees of Montezuma County must exercise independent judgment

for the best interest of the County. Personal or outside interests or relationships must not

influence employees to the detriment of the County.

Employees of Montezuma County must not engage in any activities or relationships, including

 personal investments, which might directly or indirectly result in a conflict of interest, or impair

their independence of judgment. They must not accept gifts, favors, or benefits that might tend in

any way to influence them in the performance of their duties.

If employees have any question whether a situation is a conflict of interest, discuss the matter

with your manager. If there is disagreement, refer the matter to the County Administrator for a

final determination.

Chapter Two

Employment

2.1 Employee Status

2.1.1  Full-time Employee - an employee normally scheduled to work at least 30 hours

 per week. Full-time employees are currently eligible for Montezuma County

 benefits. For a list of current benefits contact Human Resources.

2.1.2  Part-time Employee  - an employee normally scheduled to work less than a 30

hour workweek.

2.1.3  Temporary Employee  - an employee who is hired in a job established for a

temporary period or for a specific assignment. Temporary employees are

currently ineligible for Montezuma County benefits.

2.1.4  Exempt Employee - an employee who is not eligible for overtime pay.

2.1.5  Non-exempt Employee - Non-exempt employees are eligible for paid overtime at

one and one-half times their regular rate of pay for all hours worked in excess of

40 hours per workweek or compensatory time at the rate of one and one half hours

for each hour worked in excess of 40 hours per week.

2.2 Employment of Relatives

Montezuma County may employ relatives of current employees except in the following

situations:

1)  Relatives would be in a position to supervise another relative.

2)  Relatives have access to confidential information including personnel records.

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3)  Relatives audit, verify, receive, or are entrusted with money handled by the other

relative.

In cases of marriage between two employees, if the above guidelines apply, one must transfer.

These guidelines apply to all categories of employment, including full-time, part-time, andtemporary classifications. They also apply to all relatives and to individuals who are not legally

related, but who reside with another employee.

Chapter Three 

Hours of Work and Overtime

3.1 Hours of Work:  The normal work hours for full-time Montezuma County employees

is at least 30 hours per week. Starting and ending times of your shift may change from

time to time according to the needs of the department. All department heads may adjust

the work schedule and will establish lunch and break periods for their employees.Overtime Compensation: You may be required to work overtime. For purposes of

calculating overtime, the workweek begins at 12:01 a.m. Sunday and ends at 12:00

midnight Saturday.

3.2 Overtime Compensation:  All Employees, except law enforcement personnel, who

work in excess of a 40-hour week, are compensated for overtime by either overtime pay

or compensatory time off in compliance with the Fair Labor Standards Act of 1938.

Before overtime hours, i.e. more than 40 hours in one work week, are worked, an

employee must obtain authorization from either the department head or supervisor with

authority to grant overtime and may be compensated in either of the following manners,as determined by the department head or supervisor:

3.2.1 Overtime pay is paid for over 40 hours of work per week at a rate of one and one

half times the employee’s regular rate of pay.

3.2.2 Compensatory time is granted at the rate of one and one half hours for each hour

worked in excess of 40 hours per week. No more than 40 hours of compensatory

time may be accumulated by an employee unless authorized by the Board of

County Commissioners. In no circumstance shall an employee accumulate more

than 240 hours of compensatory time.

3.2.3 Law enforcement personnel shall receive overtime at the rate of one and one half

times the regular rate of pay or compensatory time at the rate of one and one half

hours for each hour worked, in excess of 171 hours of work in a work period of

28 days. No more than 40 hours of compensatory time may be accumulated,

unless authorized by the Board of County Commissioners. In no circumstance

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shall law enforcement personnel accumulate more than 480 hours of

compensatory time off.

3.2.4 All overtime pay will be paid on the date of the next regular pay period.

3.3  Time Recording:  Non-exempt employees must record time worked on a daily basis.

Time cards are used for calculating the employees pay.

Employees are responsible for submitting their time cards to their supervisor on a

monthly basis for approval and submittal to payroll.

3.4  Paydays:  Paydays fall on the last business day of each month.

3.5 Inclement Weather:  In the event of inclement weather, our practice is to keep

Montezuma County open for business as usual. Each employee should decide whether it

is safe to travel to work. We expect all employees to make a determined effort to reach

the office, even if they are late. In fairness to those who overcome transportation or other

difficulties and report to work, Montezuma County will deduct a day of vacation per dayfor those who do not come in. 

Chapter Four

Leave

4.1  Definition:  Leave is any absence during regular scheduled work hours. Leave may be

authorized with or without pay. Absence without permission is considered absence

without leave and is subject to disciplinary action including termination.

4.2  Applying for Leave:  The specific procedure an employee must follow in requestingleave and/or notifying the proper person of an absence is to be established by each

department head.

4.3  Holidays:  Holidays as declared by the Board of County Commissioners will be observed

 by Montezuma County and granted to full-time employees with pay. Part-time

employees and temporary employees are not eligible for holiday time. Employees

required to work on a holiday will be paid  for the holiday plus physical hours worked.

Holidays are not currently counted as time worked for the purpose of computing weekly

overtime.

Any of the recognized holidays occurring on Saturday are currently observed the previous

Friday. Sunday holidays are observed the following Monday.

4.3.1  Special Religious Holidays:  Special religious holidays may be observed by

individual employees. Such time off is chargeable first to accumulated

compensatory leave time and then to vacation time. An employee must notify

his/her department head at least five working days prior to the requested time off

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for religious observance. If an employee has no accumulated vacation or

compensatory time, the employee may be granted leave without pay.

4.4.  Vacation Leave:  Currently, all full-time employees are entitled to paid vacation time

after completion of six months of service.

4.4.1  All full-time employees accrue vacation time in the following manner based on

the employee’s full-time anniversary date of hire with Montezuma County:

1st through 5

th year 1 day per month

6th

 through 10th

 year 1-1/4 days per month

11th

 year through 15th

 year 1-1/2 days per month

16th

 year through 20th

 year 1-3/4 days per month

21st year through 24

th year 2 days per month

25

th

 year plus 2-1/2 days per monthEmployees shall not accumulate more than the following unused vacation time:

1st through 5

th year maximum 20 days

6th

 through 10th

 year maximum 25 days

11th

 year through 15th

 year maximum 30 days

16th

 year through 20th

 year maximum 35 days

21st year through 24

th year maximum 40 days

25th

 year plus maximum 45 days

We encourage employees to use all their earned vacation each year. Employees maycarry over unused vacation into the next anniversary year. However, the maximum

vacation that employees may accumulate is listed above. At no point can the carry over,

 plus the new vacation, exceed this cap. As a result, the amount of vacation that

employees may earn each year might be limited by the amount carried over from the

 previous year. New employees must work six (6) months to take vacation.

Vacation time will not be counted in the computation of overtime.

4.4.2  Vacation leave is not granted in advance of accrual and must be taken at least

one-half hour at a time.

4.4.3  Holidays are not counted in against vacation leave even if the holiday falls

within the vacation period taken by the employee.

4.4.4  Employees are responsible for scheduling their vacation, in advance, with their

supervisor and must receive their supervisor’s approval. Vacations are

scheduled in a manner that minimizes interruptions to department operations.

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4.5  Sick Leave:  Sick leave will be used when the employee or their immediate family

member is incapacitated by sickness or injury, for medical treatment or exposure to a

contagious disease when attendance at work would jeopardize the health of others.

For purposes of sick leave only immediate family is defined as wife, husband, children,

 parents, grandparents, grandchildren, siblings, domestic partners and civil unions.

4.5.1  Employees accrue sick leave on the basis of one working day per month. When

a holiday occurs during a paid sick leave, the holiday is not considered a day of

sick leave. There is no limit to the amount of sick leave an employee may

accrue.

4.5.2  Paid sick leave is not granted in excess of the amount accumulated at the time

such leave is requested. If an employee uses all of his/her accumulated sick

leave, any additional absence from duty is charged first to compensatory time

then to vacation leave if either is available. If vacation leave is not available, the

employee may be granted leave without pay if the employee provides his/herdepartment head or appropriate supervisor with a doctor’s note stating the

reasons why the employee cannot return to work and stating the date on which

the employee will be able to return to work. Such doctor’s note must be

 provided at least two days prior to the expiration of all sick and/or annual leave.

If a doctor’s note is not provided, at the expiration of the employee’s sick and/or

annual leave, the employee may be deemed absent without leave and terminated.

4.5.3  An employee must furnish a statement from a physician for any absence longer

than three (3) days which is to be charged to sick leave.

4.5.4  Sick leave must be taken at least one-half hour at a time.

4.5.5  Sick pay will not be used in the calculation of overtime.

4.5.6  Unused accrued sick leave shall not be paid at the time of termination of an

employees service with the County except in the event a full-time employee

terminates voluntarily in good standing after 5 years of consecutive service with

the County. Such employees will be paid for his/her accrued sick leave based on

the following:

6th

 year through 10th

 year accrued days up to 15 days maximum

11th year through 20th year accrued days up to 25 days maximum

21st year through 30

th year accrued days up to 45 days maximum

31st year plus accrued days up to 60 days maximum

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4.6  Medical and Family Leave (FMLA Leave) 

For eligible employees the County grants up to 12 weeks of leave for the following reasons:

•  Incapacity due to pregnancy, prenatal medical care, or child birth.

•  To care for the employee’s child after birth, or placement for adoption or foster care.

•  To care for the employee’s spouse, son or daughter, or parent, who has a serious health

condition.

•  Serious health condition that makes the employee unable to perform the employee’s job.

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or called to

active duty status in the Armed Forces, National Guard, or Reserves may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies

may include attending certain military events, arranging for alternative childcare,

addressing certain financial and legal arrangements, attending certain counseling sessions,

and attending post-deployment reintegration briefings. 

The County also grants up to 26 weeks of leave during a single 12-month period to an eligible

employee who is the spouse, son, daughter, parent or next of kin of a covered service member to

care for that person while he or she is undergoing medical treatment, recuperation, or therapy, is

otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious

injury or illness. A covered service member is: (1) a current member of the Armed Forces,

including a member of the National Guard or Reserves, who is undergoing medical treatment,recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary

disability retired list, for a serious injury or illness; or (2) a veteran who was discharged or

released under conditions other than dishonorable at any time during the five-year period prior to

the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is

undergoing medical treatment, recuperation, or therapy for a serious injury or illness.

To be eligible for family and/or medical leave (FMLA Leave), an employee must be employed at

least 12 months and have worked at least 1,250 hours during the 12 months preceding the

commencement of leave.

When the need for leave is foreseeable, employees must notify the Human Resources Department

30 days prior to the leave. When 30 days’ notice is not possible, the employee must provide

notice as soon as practicable and generally must comply with the County’s normal call-in

 procedures. Requests for leaves should be made in writing to the Human Resources Department,

stating the reason for the leave, the starting date, and the planned date for return to work. If the

leave is foreseeable based on a planned medical leave the employee must make a reasonable

effort to schedule treatment so as not to unduly disrupt company operations. Appropriate

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certification for any serious health conditions is also required. The County may require a second

medical opinion at the County’s expense. Documentation confirming family relationship,

adoption or foster care may be required. If notification and appropriate certification are not

 provided in a timely manner, approval for leave may be denied. Continued absence after denial of

leave may result in disciplinary action in accordance with the County’s attendance guideline.

The maximum time allowed for FMLA Leave is either 12 or 26 weeks as is explained above in

the 12-month period as defined by the County. The County uses the 12-month period measured

forward from the first day of an employee’s leave. Although most leaves would be taken in a

single block of time, intermittent leaves or reduced leave schedules also may be granted, where

medically required, or in cases where both the County and the employee agree.

Employees taking intermittent leave or reduced schedules based on planned medical treatment

may be required to temporarily transfer to another job with equivalent pay and benefits that better

accommodates that type of leave.

If an employee is currently covered by the County’s medical insurance, these benefits continuefor employees on FMLA Leave. Employees must continue to pay their portion of any insurance

 premium while on leave. If the employee is able but does not return to work after the expiration

of the leave, the employee will be required to reimburse the County for payment of insurance

 premiums during the FMLA Leave.

Under FMLA leave, employees must use any earned vacation and sick leave at the beginning of

the FMLA leave. If collecting workers’ compensation or disability payments an employee may

not use vacation or sick leave. Employees on a family leave of absence must use any earned

vacation and sick leave at the start of the leave.

FMLA Leave is without pay when Paid Time Off benefits are exhausted. As with other types ofunpaid leaves, vacation, and sick leave will not accrue during the unpaid leave. Holidays, funeral

leave, or employer’s jury duty pay are not granted on unpaid leave. However, employment

 benefits accrued by the employee up to the day on which FMLA Leave begins are not lost.

Employees on leave must contact the Human Resources Department at least two days before

their first day of return. If the leave is for an employee’s own serious health condition, the

employee must bring medical certification verifying ability to return to work. Failure to return to

work on the day after the expiration of leave may result in termination of employment.

Employees who return to work from FMLA Leave, will be returned to their same job or an

equivalent position subject to the requirements of FMLA. Certain highly compensated employees

(key employees) may have limited reinstatement rights.

Unlawful Acts

FMLA makes it unlawful for the Company to:

•  Interfere with, restrain, or deny the exercise of any right provided under FMLA.

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•  Discharge or discriminate against any person for opposing any practice made unlawful by

FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

An employee may file a complaint with the U.S. Department of Labor or may bring a privatelawsuit against the Company.

FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state

or local law or collective bargaining agreement which provides greater family or medical leave

rights.

4.7 Court Leave:  Any employee who is required to serve as a juror in Federal, State,

District, County or Municipal Court, shall be granted court leave with full pay.

4.7.1 All employees required to appear as a witness in cases related directly to the

discharge of their duty with Montezuma County shall be granted court leave withfull pay. To be eligible for full pay for court leave, the employee shall surrender

to Montezuma County all fees received for his/her service to the court.

4.7.2  Employees shall not be granted court leave for appearances in court matters not

relating directly to the discharge of their Montezuma County duties, except for

their service as a juror. Employees shall be granted compensatory leave time first,

vacation leave when available, or leave without pay for such appearances.

4.8 Funeral Leave:  Employees may be granted up to five working days of paid funeral leave

to attend funerals of members of the following family: wife, husband, domestic partner,

civil unions, children, parents, grandparents, grandchildren, brothers, sisters, brothers-in-

law, sisters-in-law, daughters-in-law, sons-in-law of the employee or the employee’s

spouse’s family. For funerals of other relatives or friends, employees may take vacation

or an unpaid leave upon the approval of their supervisor.

4.9 Military Leave:

If you are a member of the U.S. Armed Forces Reserve, National Guard or performing

other protected uniformed service, you are granted an unpaid leave of absence when

called for active or inactive duty training.

This time is granted in addition to earned vacation time. However, if you desire to useyour vacation time for this purpose, you may voluntarily do so if you make a request in

writing.

4.9.1  If you are inducted into a branch of the U.S. Armed Forces for an extended period,

upon returning to Montezuma County after separation from military service, you

may be reinstated in accordance with the provisions of the Law.

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4.10  Leave of Absence Without Pay: 

A department head may grant leave of absence without pay to an employee. A leave of

absence without pay will not be granted for any employee to go to other work. Prior to

departing on a leave of absence without pay, the employee and department head must

contact the payroll department together to obtain information on health insurance, life

insurance, retirement contributions, etc.

4.11 Personal Leave Of Absence: 

There may be a time that requires your absence from work for non-medical, personal

 business. Such unpaid leave may be requested from your department head. Approval is

 based upon such factors as the reason for the requested leave, length of leave desired,

your department’s workload, your work record, and your length of service. 

All your earned vacation must be taken before you start your leave. If your approved

leave goes into the next month, you need to make insurance premium payment

arrangements with the Human Resource Department.

There are no guarantees that we can place you back in your old job - or a similar one -

when you return from personal leave.

4.12 Absence Without Leave: 

Regular and predictable attendance is one of Montezuma County’s basic requirements.

Your presence on the job is an essential function of your position. Notify your supervisor

if you are unable to report for work on time or if you must be absent for any reason.

Failure to call in after two consecutive days will result in termination and failure to call in

more than three times in a 12 month period will also result in termination. Tardiness is

grounds for disciplinary action; persistent tardiness is grounds for termination.

Chapter Five

Insurance and Retirement Benefits

5.1  Insurance: 

Full-time employees will participate in the Montezuma County Group Health Insurance

and Life Insurance Plan. The conditions of said Group Plan shall govern the benefits,

eligibility, and premiums. You are currently eligible to enroll on the first of the monthfollowing date on which the employee completes one month of continuous service.

Montezuma County will pay the employees share of such group plan premiums. The

employee may elect to add to such coverage his spouse, children, or others dependent

solely on the employee’s support and the costs of such additional premiums shall be

 borne by the employee. Additions of others to the policy shall be governed by the terms

of the policy.

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5.2 Retirement:

Employees of Montezuma County are covered by Social Security. It is mandatory that

full time employees become participants in the Colorado County Officials and Employees

Retirement Association Retirement Plan, after completing one year of service. The

county contribution and the employee contribution and conditions of retirement will vary

from time to time as the Plans are modified .

Chapter Six 

Vehicles/Equipment/Travel

6.1 Standards for Positions Requiring the Operation of Motor Vehicles or Equipment 

Montezuma County strives to keep safety in the forefront of all activities. Because of this

the County recognizes that it is necessary to monitor driving records of employees who

are required to drive County vehicles or who drive their own vehicles for County

 business.

6.1.1 Prospective Employees

Prospective employees must have a valid Colorado driver’s license (or must

obtain one within Colorado time requirements for the type of vehicle to be

operated). The County requires applicants to have a clear or acceptable motor

vehicle record (MVR) at the time of interview. No employees will be allowed to

drive on County business until their MVR has been evaluated (this includes

 business use of their personal vehicles).

6.1.2 Current Employees

For purposes of this policy, the official state MVR along with the employee’s

County driving record will be reviewed for the following:•  After an accident occurs while on County business.

•  If a motorist observation report is received while on County business and is

investigated and confirmed.

•  As part of a periodic review. At least annually for all drivers who drive

County vehicles and employees who use their personal vehicles for business

use in excess of 50 miles per month.

Information found on the County driving record and/or MVRs will be divided into

three categories: Major Convictions, Minor Convictions, and Accidents.

6.1.3 Major Convictions include, but are not limited to, the following:

•  Driving under the influence of alcohol or drugs

•  Driving while impaired

•  Reckless driving

•  Racing/speed contests

•  Failure to report an accident

•  Making a false accident report

•  Vehicular homicide or manslaughter

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•  Eluding a police officer

•  Driving while license is suspended or revoked

•  Speeding 20 or more mph over the posted speed limit

6.1.4 Minor Convictions include, but are not limited to, the following:

• 

Speeding from 10 to 19 mph over the posted speed limit•  Running a stop sign or red light

•  Improper turn

•  Passing across a double yellow line

•  Failure to yield

•  Following too close

•  Careless driving

6.1.5 Accidents

All preventable/at-fault accidents appearing on the employee’s County driving

record and/or MVRs are used in determining driver status.

6.1.6 Evaluations of MVRs

Clear MVR:

Employees or potential employees fitting this criterion will be considered to have

an acceptable MVR.

•   No activity in the last three years and no major convictions in the last five

years.

Acceptable MVR:

Employees or potential employees fitting this criterion will be considered to have

an acceptable MVR.

•   No major convictions within the last 3 years and no more than 1 major

conviction from three to five years; OR

•  2 minor convictions in the last 3 years; OR

•  1 accident and 1 minor conviction in the last 3 years.

Borderline MVR:

Potential employees must present an acceptable MVR to be eligible for

employment with the County. Current employees with a borderline MVR will be

disciplined according to the Montezuma County Employee Handbook. If more

violations take place causing the MVR to exceed the convictions listed, the

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employee’s driving privileges will be suspended and, depending on the necessity

of driving to the employee’s position, the employee could be terminated.

•  1 accident and 2 minor convictions in last 3 years; OR

•  3 minor convictions in last 3 years; OR

• 

2 accidents in the last 3 years; OR

•  2 accidents and 1 minor conviction in last 3 years; OR

•  1 major violation in the last 3 years.

During times of MVR and County driving record review, the Department Head or

Elected Official will report Borderline MVRs and convictions exceeding

Borderline status to the County Administrator, who will then review the issue

with the Department Head or Elected Official of the employee. The Department

Head or Elected Official will notify the employee if they have attained Borderline

MVR status and will take any further disciplinary action deemed necessary

according to the Montezuma County Employee Handbook. If an employee hasconvictions exceeding the Borderline MVR standards, the Department Head or

Elected Official will discuss the suspension of driving privileges with the

employee and will decide at that time what further action to take up to and

including termination.

6.1.7 Revoked Licenses

Employees are required to notify their Department Head or Elected Official upon

notification of a revoked license. Failure to disclose this information or to falsify

information while employed is cause for termination. Your employment may also

 be terminated depending on the necessity of driving to the employee’s position.

6.1.8 Accident Reports

Employees must report accidents to their Department Head or Elected Officials as

soon as possible following an accident after the police have released the

employee. Failure to report an accident within twenty-four (24) hours is cause for

termination.

Department Heads and Elected Officials should notify County Administration as

soon as possible so that they can contact the insurance carrier.

6.1.9 Post Accident Drug and Alcohol Testing

Any employee who is in an accident while driving a County vehicle, or whiledriving their personal vehicle while on County business, are required to take a

mandatory post accident drug and alcohol test. Testing is conducted as soon as

feasible. Failure or refusal to take a test is cause for termination. Positive tests

results for drugs or alcohol is cause for termination.

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6.2  All Montezuma County employees must receive authority from their department head for

any official travel for Montezuma County prior to taking such travel.

6.3  All expenses incurred in the official travel will be reimbursed by Montezuma County

upon presentation of proper receipts for such expenses.

6.4  If a county-owned vehicle is not available, use of private automobiles may be used in

official travel and mileage will be paid at a rate per mile as set from time to time by the

Board of County Commissioners.

6.5  Generally, expenses reimbursed by Montezuma County include those pre-approved as

reasonable and necessary to properly conduct Montezuma County business.

6.6  Smoking is prohibited in all county-owned vehicles and equipment.

6.7 Seatbelts must be worn by the driver and all passengers in a county-owned vehicle.

Chapter Seven

Meals

7.1 Meal receipts must  be turned in with a detail receipt of what was ordered. Meals are only

covered for county employees. Alcohol is not paid for by Montezuma County. Refer to

section 1.6 regarding the county’s policy on alcohol and drugs.

Chapter Eight

Safety

8.1  Montezuma County is committed to a safe work environment for employees. Employees

should report any unsafe practices or conditions to their supervisor.

8.2  If employees are injured on the job, no matter how minor, they must immediately report

this fact in writing to their supervisor.

8.3  If medical treatment for an on-the-job injury is needed, it must be obtained from theCounty’s designated physician. If not, the employee may be responsible for the cost of

medical treatment.

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Chapter Nine

Solicitation Policy

9.1  Employees are not permitted to solicit during working time. An employee may not solicit

another employee during the latter’s working time.

9.2  Employees are not permitted to distribute literature during working time or in working

areas.

9.3  Non-employees are not permitted to solicit or distribute literature on County premises.

9.4  Working time does not include meal, break or rest periods or other specified times during

the work-shift when employees properly are not engaged in performing their work tasks.

Working areas are defined as areas of the premises where employees perform their work

tasks, but do not include break rooms, rest rooms, parking lots, or other non-work areas.

Off-duty employees are not permitted to re-enter the interior of the County’s buildings or

any other working area. Off-duty employees are not permitted to arrive at work early or

stay after work late in the County’s buildings or work areas, unless they are actively

working, preparing for work, or cleaning up after work.

Chapter Ten

Computer Usage and Acceptable Use

10.1 Purpose: This standard outlines the acceptable use of computer equipment at Montezuma

County. These rules protect you and Montezuma County. Inappropriate use exposesMontezuma County to risks including virus attacks, compromised network systems and

services, and legal liability. 

10.2  Confidentiality and Inspection:  All information regarding access to the County’s

computer resources, such as employee identifications, modem phone numbers, access

codes, and passwords are confidential County information and may not be disclosed to

non-Montezuma County personnel. All computer files, documents, and software created

or stored on the County’s computer systems are subject to review and inspection at any

time, without prior notice. In this regard, employees should not assume that any such

information is confidential, including e-mail either sent or received.

10.3 General Use and Ownership:

10.3.1  It is the employee’s responsibility to ensure County computer hardware or

software is used in a proper manner. Employee responsibilities are listed below.

Due to the nature of computer use and the complexities of individual needs, no

single list can cover all situations. It is the employee’s responsibility to respect

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the purpose of this standard and contact the Information Technology Department

or their direct supervisor for additional guidance in their specific computer needs.

10.3.2  Employees must not abuse equipment and are asked to report any mistreatment or

vandalism of computing or network facilities to the Information Technology

Department. Food and beverages (including water) should not be consumed orstored where they can directly impact a piece of equipment.

10.3.3  Employees should minimize non-essential use of a County computer.

10.3.4  Employees should not install software, alter system files, or disconnect any cables

on computers or other equipment without consulting the Information Technology

Department.

10.3.5  Computer equipment should not be removed from County premises without

written approval from a department head. Upon separation of employment, all

communication tools should be returned to the County.

10.4 Legal and Ethical Use:

10.4.1  All use of County computer hardware or software should be legal and ethical.

County resources should not be used for personal profit, harassment of any person

or any illegal activities.

10.4.2  Montezuma County fully supports copyright laws. Employees may not copy or

use any software, images, music or other intellectual property (such as books or

videos) unless the employee has the legal right to do so. Employees must comply

with all licenses regulating the use of any software and may not disseminate or

copy any such software without authorization. Employees may not use

unauthorized copies of software on personal computers purchased or leased by

Montezuma County.

10.5 Security:

10.5.1  The County uses various measures to ensure the security of its computing

resources. Employees should be aware that the County cannot guarantee such

security and should apply appropriate safeguards for their accounts, such as

guarding their passwords and logging out of computers when they are not beingused.

10.5.2  Computer files with confidential or sensitive information should be kept in a

secure directory on the computer system. The Information Technology

Department can assist the employee in securing such files.

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10.6 Internet and Email:

10.6.1  Internet and email are services provided by the County for use in essential

communication, research and information sharing.

10.6.2  The County email system should not be used for personal communications, filesharing or mass mailings.

10.6.3  Employees should minimize internet service used for non-essential or personal

use, or streaming audio/video (e.g. Internet radio). Department heads are

responsible for establishing policies for Internet use on a County computer.

Montezuma County prohibits the display, transmittal, or downloading of material

that in violation of County guidelines or otherwise is offensive, pornographic,

obscene, profane, discriminatory, harassing, insulting, derogatory or otherwise

unlawful at any time.

10.7 Games: Many systems come pre-configured with games. Installation of any additionalgames from any other source, including the Internet, will not be tolerated. Department

heads are responsible for establishing policies for playing pre-installed games on a

County computer. 

10.8 Non-County Computer Use:

10.8.1  There may be situations when a non-County computer needs to be connected to a

County network. Any installation of a non-County computer for non-essential use

will not be tolerated. Permission must be obtained from the Information

Technology Department before connecting a non-County computer to the County

network.

10.8.2  The Information Technology Manager must be contacted prior to installing a non-

County computer on a County network to confirm proper configuration and

 protection measures are taken. Failure to contact the Information Technology

Manager will be considered a breech in security and will not be tolerated. This is

to protect County resources from security issues as well as viruses, worms,

spyware, etc.

10.9 Director of IT Authorities:

10.9.1 The Information Technology Department may uninstall any software or hardware

that is determined to be non-essential and/or detrimental to County equipment.

10.9.2  The Information Technology Department may block any email or Internet traffic

that is found to be non-essential or inappropriate, or that may be detrimental to

County hardware, software, data or employees. These blocks may be permanent

or temporary. 

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10.9.3  The Information Technology Department may inform employees and their

supervisors of mistreatment, suspected mistreatment or inappropriate use in the

form of writing, email or direct communication. 

10.9.4  Suspected illegal use, vandalism or theft of County resources will be reportedimmediately to the employee’s supervisor and the County Administrator.

10.10 Unauthorized Use: Employees may not attempt to gain access to another employee’s

e-mail messages or send a message under someone else’s name without the latter’s

express permission.

Employees are strictly prohibited from using Montezuma County communication systems

in ways that management deems to be inappropriate.

If you have any question whether your behavior would constitute unauthorized use,

contact your immediate supervisor before engaging in such conduct.

Chapter Eleven

Telephones/Cell Phones

11.1  In the interest of good business practice, telephone calls, including those made with cell

 phones, must be minimal and not interfere with employees’ performance of their jobs.

Personal use of Montezuma County telephones for long distance is not permitted.

11.2  Montezuma County provides cell phones to those employees who need them to perform

their jobs. Such phones are intended for business use only.

11.3  Use of cell phones while driving is prohibited. If an employee needs to receive and/or

make a call using a cell phone, he or she should find a safe place to pull over and stop.

Chapter Twelve

Disciplinary Procedure

12.1  Discipline: 

Occasionally performance or other behavior falls short of our standards and/or

expectations. When this occurs, management takes action, which, in its opinion, seems

appropriate.

Disciplinary actions can range from an informal discussion with the employee about the

matter to immediate discharge. Action taken by management in an individual case does

not establish a precedent in other circumstances.

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12.2  Appeal: 

In instances where the supervisor may recommend termination, a notice of suspension

and intent to terminate will be given to the employee affected. Termination will be

effective seven (7) days from the date of the notice unless said employee requests a

hearing before the Board of County Commissioners by submitting a written request to theCounty Administration Office within twenty-four (24) hours of receiving the notice.

Because the Board of County Commissioners will make the final decision, no one shall

contact members of the Board of County Commissioners regarding the matter prior to the

hearing except for scheduling said hearing. The hearing will be held within seven (7)

days of the date of the notice. The employee may request that the hearing be a closed

hearing at the time of such hearing. THIS APPEAL PROCESS SHALL NOT BE

INTERPRETED TO SUPERSEDE OR OTHERWISE CONFLICT WITH THE AT-

WILL NATURE OF EMPLOYMENT WITH MONTEZUMA COUNTY.

Chapter ThirteenSeparations

13.1  Separation of Employment: 

If you desire to end your employment relationship with Montezuma County, we ask that

you notify us as soon as possible of the intended termination. Notice generally allows

sufficient time to collect Montezuma County property, process monies to which you may

 be entitled, convert insurance, and correctly calculate a final paycheck.

Chapter Fourteen

Death

When an employee dies while in the service of the County, the widow/widower,

dependent children, or the estate shall be entitled to all pay due. The party(s) to receive

such payment are to be determined by the Courts or such other legal authority to make

such determinations.

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Employee Handbook

Montezuma County

Acknowledgment of Receipt

I HAVE RECEIVED A COPY OF THE EMPLOYEE HANDBOOK DATED

NOVEMBER 25, 2013. I UNDERSTAND THAT I AM TO BECOME FAMILIAR WITH

ITS CONTENTS. FURTHER, I UNDERSTAND:

1)  EMPLOYMENT WITH MONTEZUMA COUNTY IS AT-WILL. I HAVE THE

RIGHT TO END MY WORK RELATIONSHIP WITH THE

ORGANIZATION, WITH OR WITHOUT ADVANCE NOTICE FOR ANY

REASON. THE ORGANIZATION HAS THE SAME RIGHT.

2)  THE LANGUAGE USED IN THIS HANDBOOK AND ANY VERBAL

STATEMENTS OF MANAGEMENT ARE NOT INTENDED TO

CONSTITUTE A CONTRACT OF EMPLOYMENT, EITHER EXPRESS OR

IMPLIED, NOR ARE THEY A GUARANTEE OF EMPLOYMENT FOR A

SPECIFIC DURATION.

3)  THE HANDBOOK IS NOT ALL INCLUSIVE, BUT IS INTENDED TO

PROVIDE ME WITH A SUMMARY OF SOME OF THE ORGANIZATION’S

GUIDELINES.

4)  THIS EDITION REPLACES ALL PREVIOUSLY ISSUED HANDBOOKS.

THE NEED MAY ARISE TO CHANGE THE GUIDELINES DESCRIBED IN

THE HANDBOOK, EXCEPT FOR THE AT-WILL NATURE OF

EMPLOYMENT. MONTEZUMA COUNTY THEREFORE RESERVES THE

RIGHT TO INTERPRET THEM OR TO CHANGE THEM WITHOUT

PRIOR NOTICE.

5)  NO REPRESENTATIVE OF MONTEZUMA COUNTY, OTHER THAN THE

BOARD OF COUNTY COMMISSIONERS, HAS THE AUTHORITY TO

ENTER INTO AN AGREEMENT OF EMPLOYMENT FOR ANY SPECIFIED

PERIOD AND SUCH AGREEMENT MUST BE IN WRITING, SIGNED BY

THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS AND

MYSELF. WE HAVE NOT ENTERED INTO SUCH AN AGREEMENT.

 _________________________________ ________________________________

 Name of Employee Date

 _________________________________ ________________________________  

Signature of Employee Department