Sedgwick County Personnel Policy 2016

7/26/2019 Sedgwick County Personnel Policy 2016

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Sedgwick County Personnel Policies Page 1 of 64

SEDGWICK COUNTY

P E R S O N N E LP O L I C Y

SEPTEMBER 18, 2000HS OCTOBER 1, 2000UPDATED APRIL 2001REVISED 3-18-2003REVISED 8-31-2006REVISED 12-19-2006REVISED 2-06-2007REVISED CTSI APRIL 1, 2009

REVISED 8-11-2010REVISED 11-13-2012REVISED 3-30-2015REVISED 11-17-2015REVISED 3-15-2016

4-1-2009 REVIEWED COUNTY ATTORNEY MAX CARLSON

6-3-2010 REVIEWED COUNTY ATTORNEY MAX CARLSON

11-13-2012 REVIEWED COUNTY ATTORNEY JAMES WITTLER

3-30-2015 REVIEWED COUNTY ATTORNEY GEORGE ZEILINGER

3-8-2016 REVIEWED COUNTY ATTORNEY GEORGE ZEILINGER


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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 SUPERSEDESALL PREVIOUS HANDBOOKS OR NOTICES BY SEDGWICK COUNTY.


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Table of Contents

I. MANAGEMENT RIGHTS ................................................................................................................ 6

II. ORGANIZATION and ADMINISTRATION ............................................................................... 7A. COUNTY GOVERNMENT ORGANIZATION ......................................................................................... 7

B. CODE OF ETHICS ....................................................................................................................................... 7C. RIGHT TO MAKE CHANGES .................................................................................................................... 7

D. ORGANIZATION AND ADMINISTRATION ......................................................................................... 8

III. RECRUITMENT, SELECTION, AND APPOINTMENT ........................................................... 9A. EQUAL EMPLOYMENT OPPORTUNITY: ............................................................................................. 9

B. NEPOTISM EMPLOYMENT OF RELATIVES/WORKPLACE RELATIONSHIPS: ..................... 9

C. MERIT PRINCIPLES: .............................................................................................................................. 10

D. PROMOTIONS/TRANSFERS: .............................................................................................................. 10

E. VACANCIES: .............................................................................................................................................. 10

F. IMMIGRATION ACT COMPLIANCE: ................................................................................................... 11G. CONTINGENCIES FOR EMPLOYMENT OFFERS: ............................................................................ 11

H. INTRODUCTORY PERIOD: .................................................................................................................. 12IV. EMPLOYMENT DEFINITIONS.................................................................................................. 13

A. INTRODUCTORY EMPLOYEE: ............................................................................................................ 13

B. FULL TIME EMPLOYEE: ........................................................................................................................ 13

C. PART TIME PERMANENT EMPLOYEE: ............................................................................................ 13

D. TEMPORARY / AND SEASONAL EMPLOYEE: ................................................................................ 13E. WORK WEEK AND WORK DAY: ......................................................................................................... 13

F. PAY DAY: ................................................................................................................................................... 13G. PAY PERIOD:............................................................................................................................................ 13

H. OVERTIME: .............................................................................................................................................. 13

I. GRIEVANT: ................................................................................................................................................. 14

V. CONDITIONS OF EMPLOYMENT .............................................................................................. 15A. UNPAID MEAL BREAKS AND SHORT REST BREAKS: ................................................................. 15B. RELIABILITY OF ATTENDANCE: ....................................................................................................... 15

C. EMERGENCY CLOSING: ......................................................................................................................... 16D. STRAIGHT TIME: .................................................................................................................................... 16

E. OVERTIME PAY: ...................................................................................................................................... 16

F. EXCEPTIONS TO COMPENSATORY TIME OFF PAY POLICY:..................................................... 16

VI. EXPECTATIONS OF CONDUCT ................................................................................................ 17A. RESPONSIBILITY:................................................................................................................................... 17B. CONFLICT OF INTEREST ...................................................................................................................... 17

C. POLITICAL ACTIVITIES: ....................................................................................................................... 17

D. ANTI-HARASSMENT POLICY: ............................................................................................................. 17E. SEDGWICK COUNTY SAFETY POLICIES: ......................................................................................... 18

F. HEALTH AND SAFETY GENERALLY: ................................................................................................. 18

G. REPORTING OF INJURIES AND ACCIDENTS: ................................................................................. 18

H. MEDICAL EXAMINATIONS: ................................................................................................................. 18

I. SEAT BELT REQUIREMENTS: .............................................................................................................. 19J. JOB PERFORMANCE GENERALLY: ..................................................................................................... 19

VII. SUBSTANCE ABUSE POLICY .................................................................................................. 21


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A. PURPOSE: ................................................................................................................................................. 21

B. DEFINITIONS: .......................................................................................................................................... 21

C. STATEMENT OF POLICY: ..................................................................................................................... 21

D. TREATMENT: ........................................................................................................................................... 22

E. TESTING: ................................................................................................................................................... 23

F. DISTRIBUTION OF POLICY: ................................................................................................................ 25

G. INSPECTIONS AND SEARCHES: .......................................................................................................... 25H. USE OF PRESCRIPTION AND/OR OVER-THE-COUNTER DRUGS:........................................... 25

I. PROCEDURES FOR PRE-EMPLOYMENT SUBSTANCE SCREENING: ......................................... 25J. PROCEDURES FOR REASONABLE SUSPICION TESTING: ............................................................ 26

K. PROCEDURES FOR POST-ACCIDENT TESTING: ........................................................................... 27L. PROCEDURES FOR RANDOM TESTING: .......................................................................................... 28

M. SUBSTANCE ABUSE POLICY SUMMARY: ........................................................................................ 28

VIII. EMPLOYEE ACKNOWLEDGMENT OF THE SEDGWICK COUNTY SUBSTANCE

ABUSE POLICY ...................................................................................................................................... 30

IX. BENEFITS ...................................................................................................................................... 31

A. VACATION LEAVE: ................................................................................................................................. 31B. SICK LEAVE: ............................................................................................................................................. 31

B-1 SICK LEAVE DONATION. .....31C. FUNERAL LEAVE: .................................................................................................................................... 32

D. OTHER UNPAID LEAVE OF ABSENCE: ............................................................................................. 32

E. MILITARY LEAVE: ................................................................................................................................ 333

F. JURY DUTY: .............................................................................................................................................. 33

G. HOLIDAYS: ............................................................................................................................................... 33H. FAMILY AND MEDICAL LEAVE COVERAGE: .................................................................................. 33

I. COBRA (INSURANCE PREMIUM PAYMENTS): ............................................................................... 35

J. UNEMPLOYMENT COVERAGE: ............................................................................................................ 35K. RETIREMENT PLAN: ............................................................................................................................. 36

L. INCENTIVIZED RETIREE PLAN.........36M. FLEXIBLE BENEFIT PLAN: ................................................................................................................... 36

N. HEALTH INSURANCE: .......................................................................................................................... 36

O. WORKMANS COMPENSATION COVERAGE: .................................................................................. 37

X. COMPENSATION ........................................................................................................................... 38A. MANDATORY PAYROLL DEDUCTIONS: .......................................................................................... 38B. WAGE GARNISHMENT: ......................................................................................................................... 38

C. VOLUNTARY DEDUCTIONS: ................................................................................................................ 39

D. PROCEDURE TO CORRECT PAYROLL ERRORS: ........................................................................... 39

E. HOLIDAY PAY: ......................................................................................................................................... 39

F. LIMITING HOURS WORKED FOR NON-EXEMPTS: ....................................................................... 39

G. OVERTIME PAY:...................................................................................................................................... 39

H. EXCEPTIONS TO COMPENSATORY TIME OFF PAY POLICY: .................................................... 40

I. BUDGET APPROVAL POLICIES: .......................................................................................................... 40J. ACCRUAL OF COMPENSATORY TIME OFF: ..................................................................................... 41

K. USE OF OVERTIME COMPENSATORY TIME OFF: ........................................................................ 41L. SHERIFFS OFFICE OVERTIME: .......................................................................................................... 41

M. EXEMPT CLASSIFICATIONS: .............................................................................................................. 42N. PAID TIME OFF FOR EXEMPT EMPLOYEES: ................................................................................. 42


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XI. REIMBURSEMENT FOR OUT-OF-POCKET EXPENSES ..................................................... 43A. MILEAGE REIMBURSEMENT SLIDING SCALE: .............................................................................. 43

B. REIMBURSABLE EXPENSES: ............................................................................................................... 43

C. PRIVATE AUTOMOBILE: ...................................................................................................................... 43

D. COUNTY OWNED VEHICLES: .............................................................................................................. 44

E. USES OF COUNTY PROPERTY: ........................................................................................................... 44

F. AIRLINES, RAILROADS, BUSES, RENTAL CARS:............................................................................ 44

G. SALES AND ACCOMMODATIONS TAXES:........................................................................................ 44

XII. CORRECTIVE ACTIONS ............................................................................................................ 45

FITNESS FOR DUTY.47

XIII. GRIEVANCE PROCEDURES ................................................................................................... 48A. GRIEVANCE PROCEDURE FOR DISCRIMINATION AGAINST THE DISABLED: .................... 48

XIV. GRIEVANCE POLICY ................................................................................................................ 49A. DEFINITIONS: .......................................................................................................................................... 49

B. FILING A GRIEVANCE: ........................................................................................................................... 50

XV. JOB SEPARATION ...................................................................................................................... 51A. RESIGNATION: ........................................................................................................................................ 51B. JOB SEPARATION REQUIREMENTS: ................................................................................................ 51

C. RETIREMENT BENEFITS: ..................................................................................................................... 51

D. SICK LEAVE BENEFIT UPON QUALIFIED RETIREMENT: .......................................................... 51

E. REDUCTION IN FORCE: ......................................................................................................................... 51

XVI. RECEIPT OF PERSONNEL MANUAL .................................................................................... 54

XVII. ADOPTION AND UPDATES .................................................................................................. 55

XVIII. APPENDIX A - FAIR LABOR STANDARDS ACT ............................................................. 56A. EXEMPT EMPLOYEES: .......................................................................................................................... 56

XIX. APPENDIX B - JOB SEPARATION ......................................................................................... 59A. SEDGWICK COUNTY EXIT INTERVIEW: ......................................................................................... 59

XX. APPENDIX C - SEDGWICK COUNTY COMPUTER USAGE POLICY ............................... 60

XXI. APPENDIX D - HIPAA PRIVACY POLICY ........................................................................... 62A. PRIVACY OF PERSONAL HEALTH INFORMATION: ..................................................................... 62B. PHI PROCEDURES MANDATED BY NEW LAW: ............................................................................ 62

C. PRIVACY OFFICER: ................................................................................................................................. 62

D. POSTING OF NOTICE: ........................................................................................................................... 63E. COMPLAINT PROCESS: ......................................................................................................................... 64


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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 usedby elected officials, department heads, supervisory and staff personnel, and employees in the day-to-dayadministration of the county business functions.

The goal of these written policies increase understanding, minimize the need for personal decisions onmatters of established County-wide policy, and help to assure uniformity in the application of countypolicy throughout the County. It is the responsibility of each and every department head and supervisorto 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 thatall elected officials, department heads and supervisors attempt to follow the provisions outlined herein tothe best of their understanding unless notified of changes.

Procedures and practices in the county are subject to modifications and further development in light ofchanges in the law, experience, and merit principles. Each department head, supervisor, and employeecan assist in keeping policies up-to-date by notifying their Department Head whenever problems areencountered 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 arenecessary only for their area and are not otherwise covered by established countywide policy. Policieswhich are specific to a department or office will be printed and distributed to all employees to thatspecific Department by the appropriate Supervisor.

For the purpose of this manual, Department Head and Elected Official are synonymous. Whenever themale 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 applicablelaws or regulations.


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II. ORGANIZATION and ADMINISTRATION

A.

COUNTY GOVERNMENT ORGANIZATIONSedgwick County is a political subdivision of the State of Colorado. By and through its electedofficials the business of the County is conducted in conjunction with the appointment of variousCounty officials and the employment of persons within the various offices and departments of theCounty.

B.

CODE OF ETHICSConsistent 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 countysystem;

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 tothe public official or employee by family, business or social relationship;

5.

Shall not disclose or use or allow others to use confidential information acquired byvirtue of county system employment for private gain;

6.

Shall not accept any fee, compensation, gift, payment of expense, or any other thingof 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; orc.

The making of a governmental decision outside official channels.

7.

Shall not use County time, property, equipment or supplies for private gain orpartisan political purpose except as consistent with county facility use policies.

8.

Support equal access and employment opportunities in the county system by allcitizens regardless of race, color, religion, sex, national origin, age, physical or

mental disability, creed, ancestry or any other characteristic protected by law.

C. RIGHT TO MAKE CHANGESThis policy is subject to change at the pleasure of the Board of County Commissioners.Proposed changes will be presented to the other Elected Officials and Department Heads forconsultation and review. Those Elected Officials and Department Heads will be givenopportunity to accept or exclude those changes for their specific office. Any changes shallbecome effective 30 days after the Board has approved the changes. Any changes in the policy,


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made by the Board, shall be made available to the employees within a reasonable time after thechange. Employees will be required to acknowledge receipt of the change.

D.

ORGANIZATION AND ADMINISTRATIONThe Board of Sedgwick County Commissioners and other Elected Officials have the authority todirect County operations of their respective offices as provided for by the Statutes of the State of

Colorado. Included in this authority is the power for the Board of Sedgwick CountyCommissioners to appoint and remove, according to statutory mandate (i.e. Director of HumanServices, Road & Bridge Supervisor, County Attorney, Weed and Pest District Manager, etc.)Each department of County Government is accountable for handling specific personnel matters ofits area in accordance with applicable laws and this manual. This manual is not intended tosupersede such authority of the board of Sedgwick county commissioners or other ElectedOfficials as is provided by the Statutes of the State.

Sedgwick County or the county refers to those Elected Officials or Department Heads responsible fortheir respective offices.


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III. RECRUITMENT, SELECTION, AND APPOINTMENT

A.

EQUAL EMPLOYMENT OPPORTUNITY:Sedgwick County is committed to abide by all the laws pertaining to fair employment practices.All persons having the authority to hire, discharge, transfer, or promote personnel shall support,without reservation, a non-discriminatory policy of hiring or transferring to any vacancy, anyqualified applicant without regard to race, color, religion, national origin, age, sex, genderorientation/identity, or disability. The County will offer equal opportunity for employment oradvancement to all qualified applicants and employees.

Positions will be filled with the best-qualified applicants. Every effort will be made to fillvacancies by promotion from within the county whenever competent employees are available.Employees will be considered for promotion in terms of present performance or specializedbackground. Length of service will be a factor considered only when two or more applicantspossess substantially equivalent qualifications.

B. NEPOTISM EMPLOYMENT OF RELATIVES/WORKPLACE RELATIONSHIPS:A member of an employees immediate family will be considered for employment by SedgwickCounty, either in the same or a different county department, if the applicant possesses all of thequalifications for employment. An immediate family member of an employee includes personsrelated by blood, marriage or adoption, including the following: parents, children, dependents,siblings, spouse, grandparents, grandchildren, step-parents, step-children, in-laws, and any othermember of the employees household.

An immediate family member may not be hired, however, if the employment would:

1.

Create either a direct or indirect supervisor/subordinate relationship with an

immediate family member, such as in managing, supervising or reviewing theperformance of the other; or

2.

Create either an actual conflict of interest or the appearance of a conflict of interestwhich might occur in situations where one family member works with or has accessto confidential information or personnel records regarding the other, or where eitherwould audit, verify, receive, or become entrusted with monies received or handled bythe other, or where one would otherwise occupy a position which has influence overthe others employment, promotions or salary administration.

These criteria will also be considered when assigning, transferring or promoting an employee.

Employees who marry or become members of the same household may continue employment aslong as there is not:

1.

A direct or indirect supervisor/subordinate relationship between the employees; or

2.

An actual conflict of interest or the appearance of a conflict of interest.

Sedgwick County may provide a reasonable time for related employees to resolve the matter iftheir working relationship is contrary to this policy, or if their relationship causes or could cause a


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conflict of interest or management problems of supervision, safety, security or morale. We willthen ask the individuals involved to decide which one of them is to be transferred to anotheravailable position. If that decision is not made within 30 calendar days, the board of CountyCommissioners will decide who is to be transferred or, if necessary, terminated fromemployment.

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 initialappointment;

2.

Providing equitable and adequate compensation.

3.

Training employees, as needed, to the extent possible to assure high-qualityperformance;

4.

Retaining employees on the basis of the adequacy of their performances, correctinginadequate performance and separating employees whose inadequate performancecannot be corrected;

5.

Assuring fair treatment of applicants and employees in all aspects of personneladministration without regard to political affiliation, race, color, national origin, sex,or religious creed, age, or handicap and with proper regard for their privacy andconstitutional rights as citizens. This fair treatment principle includes compliancewith the Federal Equal Employment Opportunity and nondiscrimination laws.

6.

Assuring that employees are protected against coercion for partisan political purposesand are prohibited from using their official authority for the purpose of interferingwith 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 theabilities of Sedgwick County employees. Sedgwick County is interested in employeedevelopment and encourages all employees to prepare for advancement to higher or other desiredlateral positions. A part of a Transfer review application should be the evaluations of thatemployee that are a current part of the employees file; this is to ensure that an introductoryperiod is not required.

E. VACANCIES:Advertisement of job openings will be up to the discretion of the Department Head or ElectedOfficial. However, both internal and external methods of posting are highly recommended inorder 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 anapplication with that Department Head. County employees who meet the position criteria will beselected for an interview for the position.

Applicants are screened by the Department Heads who compare the applicants qualifications tothe job requirements. The most qualified applicants meeting the job requirements are interviewedand final selection is made. Department Heads and Elected Officials or their designed are the


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authorized appointing officials for Sedgwick County. This authority cannot be otherwisedelegated.

The Department Heads or Elected Officials have the responsibility to make the decision regardingwhom to hire for vacancies in their respective offices. The Department Head or Elected Officialshall, 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 oftime (at least two (2) weeks) will normally be required to replace the transferring employeebefore the transfer/promotion is effective.

Pay changes and review period of transferred or promoted employees will be in accordance withthe policies and procedures outlined in this manual.

Because there are EXCEPTIONAL times when it is necessary to fill the position as quickly aspossible, the County may find it expedient to advertise outside in the open market at the sametime the position is advertised internally.

F.

IMMIGRATION ACT COMPLIANCE:All employees hired must complete within 72 hours the I.N.S. Form I-9 and provide supportingdocumentation. A photocopy of the documents used to prove identity and authorization to workin the United States will be made for the files. New hires will not be put on the job until thesedocuments are received and reviewed.

G.

CONTINGENCIES FOR EMPLOYMENT OFFERS:

1.

PRE-EMPLOYMENT DRUG SCREENING - All new hires that will beginemployment with Sedgwick County shall be required to submit to a pre-employmentdrug screening in accordance with the procedures outlined in the Substance AbusePolicy section of this policy. Any offers of employment shall be contingent upon the

results of that screening.

2.

PRE-EMPLOYMENT BACKGROUND CHECK - All new hires that will beginemployment with Sedgwick County shall be required to undergo a pre-employmentbackground check paid for by the County. Any offers of employment shall becontingent upon the results of that background check.

3.

PRE-EMPLOYMENT PHYSICAL New hires will be required to submit to aphysical examination to determine their ability to perform the essential duties of thejob if the job description or job classification requires such a physical. The Countywill pay for the pre-employment physical examinations. Any offers of employmentshall be contingent upon the employee being cleared to perform the essential duties

of the job for which the employee was hired.

4.

COMPLETE ALL FORMS REQUIRED BY FINANCE OFFICE All new hiresmust complete any and all forms and payroll forms required by the finance office.Completion of such forms is a condition of employment. The new hire may not beginwork and will not be paid until the forms are complete. It shall be the responsibilityof the Department Head or Elected Official to notify the finance office of the hiringof a new employee and to inform the employee that he or she must contact the


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finance office to complete the necessary forms prior to employment. The financeoffice shall contact the Department Head or Elected Official upon the new hire

successfully completing the required forms to the finance offices satisfaction. Afterthe finance department has informed the Department Head or Elected Official thatthe required forms have been completed, the new hire can begin employment withthe 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 anintroductory period for the first six (6) months. In the case of an inter-county transfer who hasunsatisfactory evaluations on file or who has no evaluations on file, the issue of an introductoryperiod should be negotiated before the job is offered and accepted. Regular benefits will beavailable during the introductory period based on the time the employee already has with thecounty, 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. Aperformance evaluation may be completed on new employees at the end of the introductoryperiod if desired by the Department Head or Elected Official.

An employee may be terminated during the introductory period for any reason other than politicalaffiliation 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 moretime 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 fullemployment.

Continual training will be provided to full employees as needed and to the extent possible to assure highquality performance.


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IV. EMPLOYMENT DEFINITIONS

As an employee, you are classified in one of the following categories that determine your salary andfringe 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 andevaluation regarding fitness for duty. An introductory employee has only the rights specified inthe 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 thisposition after the individual time frames specified in each benefit section in this handbook orotherwise 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 willreceive, National Holidays observed, Sick Leave, Holiday pay, Health Insurance andVacation Benefits proportionate to hours worked.

2.

Any employee that usually works less than 30 hours per week during a year willreceive No benefits.

D. TEMPORARY / AND SEASONAL EMPLOYEE:Any employee who works a defined schedule for a length of time not to exceed 4 months peryear, 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 whowork 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 inorder for a department to be more cost effective and/or better serve the public. The hours of anydepartment 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 21stday of the month to the 20thday of the following month.

H.

OVERTIME:Overtime is time worked by eligible employees in excess of 40 hours actually worked during anestablished workweek of seven consecutive 24-hour periods. For the purpose of calculatingovertime 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 paidor 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 grievantmay 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. Fordetailed 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 thispersonnel code, or initiation of employment after the effective date of this personnel code, shall bedeemed as acceptance of the provisions contained herein substituting compensatory time on a limitedbasis for overtime pay. In all cases such compensatory time shall be provided consistent with theprovisions of the Fair Labor Act.

A. UNPAID MEAL BREAKS AND SHORT REST BREAKS:Short paid breaks of 15 minutes or less shall be given at the discretion of the supervisor. Restperiod breaks are not required to be given to county employees, but should be given if possiblefor brief relief from duties and for bathroom breaks. Even if allowed, they may be considered anunpaid absence from duty to the extent that they exceed 15 minutes by any unauthorized amountof time that would be rounded up to the nearest reportable paid leave time (e.g., an unauthorized

25 minute break might be rounded up to one half hour and require taking a hour personal leaveor taking only an additional 5 minutes for lunch.)

Unpaid meal period breaks should be given if possible, they should normally be a least 20-30minutes in length and the employee should be relieved of all job duties during that time, in whichcase they can be counted as time off work.

Breaks are normally to be given at the discretion of the supervisor so as to minimize disruption ofthe necessary work of the department. Personal business should be taken care of during breaks,lunch, or after work.

You must take your lunch breaks everyday. You cannot save your lunch breaks up to use on

another day, nor can you work through that lunch break as overtime or compensatory or flex timeunless it is a bonafide emergency, and only upon approval of the board of CountyCommissioners, Elected Official, or Supervisor.

No breaks shall be reported as unpaid if actually worked and no breaks shall be reported as paid ifthey exceed 30 minutes.

B. RELIABILITY OF ATTENDANCE:All employees are expected to be on time at the beginning of the shift and upon return frombreaks. If they are late or absent, it is their responsibility to contact their immediate supervisor assoon as possible before the scheduled workday has begun and if returning late from breaks. It isalso 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, thetime reported on all time cards. Violations of these rules should be recorded and followed upwith 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 countycommissioners will have that information passed on to department heads or elected officials.Some county employees are considered essential personnel and must report to work regardlessof weather. If you are called, you are expected to come in. You will be compensated accordingto the county overtime policy.

If the county offices are open but you cannot get to work in bad weather, you will have to usecompensatory time, vacation time or snow day time. If you do not have any earned compensatorytime, 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 on-half 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 OFFAT 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 andwork needs of the department during times of an emergency or to meet statutory deadline. Duringsuch times, an employee may be moved from one department to another when approved by boththe County Commissioners and the Elected Official(s) or Department Head(s) involved. Anemployee 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 ascheduled workday or a bona fide emergency.

Regardless of the overtime request, if an employee is suffered or permitted to work, they areentitled to appropriate overtime pay or time off at overtime rates, as provided in this policy andunder the FLSA.

F.

EXCEPTIONS TO COMPENSATORY TIME OFF PAY POLICY:Employees 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 may be paidovertime pay rather than granted compensatory time off. Unless such overtime pay is pre-approved by the Board of County Commissioners, the Department Head shall submit a writtenrequest asking the Board to authorize overtime pay in such instances.

Road and Bridge Department employees, due to the unique staffing needs and work environmentof the Department, are to be paid overtime pay rather than granted compensatory time off.


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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, localmunicipalities, the State of Colorado, and the U.S. Government. The county will not beresponsible for any violations or fines imposed upon an employee because of their failure to actwithin the law. An employee who is asked to do something which is illegal has the right to refusethe order on that basis. A written report of such request and refusal should be presented to thedepartment head as soon as possible for resolution.

B.

CONFLICT OF INTERESTNo County officer, member of an appointed board, or employee shall have any financial interestin any enterprise or organization doing business with Sedgwick County that might interfere withthe unbiased discharge of his duty to the public and the best interest of the County. Thisrestriction shall not apply where the officer, member of an appointed board, or employeesdepartment 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 businesswith Sedgwick County, the question will be presented to the Department Head and/or the boardof County commissioners for review, investigation, decision and resolution. The judgment anddecision of the Department Head and/or the Board of County Commissioners shall be consideredfinal 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 allowcommunity or political groups the opportunity to use public meeting rooms they will authorize aneutral 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 theperspective of anyone who may be offended by them.

The County does not condone, and will not tolerate, any form of discrimination, harassment, orretaliation prohibited by federal, state and local laws.

If you feel that you are the victim of discrimination or harassment, you have the right to complainabout any offending behavior or comments and are encouraged to bring your complaint to yourSupervisor or Department Heads attentionwithout fear of retribution or retaliation in any formagainst you. To file a complaint, follow the procedure specified in the GRIEVANCEPROCEDURES 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 grievanceallowed by that policy.

E.

SEDGWICK COUNTY SAFETY POLICIES:It shall be the policy of Sedgwick County and its Elected Officials to provide Sedgwick County

employees with a work place free of recognized hazards that may cause injury, illness, or death.All employees are equally responsible for following this policy and for working in a safe, propermanner to protect themselves and others.

We consider our employees to be our most important asset and expect each of them to care forand conserve other county resources, including equipment, vehicles, buildings, and supplies. Allemployees, at all levels, are required to make safety a vital part of every work effort, no matterhow small.

F.

HEALTH AND SAFETY GENERALLY:Employees are required to comply with all written and verbal safety rules and regulations.Failure to do so will result in disciplinary action up to and including discharge. If an employee

has any questions concerning a departments written or verbal, the employee should contact hissupervisor.

Candles and candle warmers are not allowed in the workplace, even if they are just decorative.

Smoking is prohibited in our government buildings. You must smoke at least 15 feet fromdoorways and in designated smoking areas.

G.

REPORTING OF INJURIES AND ACCIDENTS:If an employee has been injured on the job, even slightly, or suspects he has been injured, theemployee must report this fact to his immediate supervisor at once. The supervisor will see thatthe employee gets first aid or, in case of a more serious injury, medical attention.

To be eligible for workers compensation benefits, an employee must be examined and treatedinitially by a designated physician or the nearest hospital emergency room in the event of medicalemergency. An injured employee should inform the health care provider that the billing for thetreatment should be submitted to Sedgwick County Workers Compensation Pool. The Countywill complete an Accident Incident Report and the injured employee will be required to sign it.The Employees First Report of Accident Form must be submitted to the Department Head within24 hours of the accident. Failure to do so may result in loss of a portion of the benefits. Theaccident Incident Report must be submitted to the County Finance Office within 48 hours.

There are reasons for these regulations: Immediate treatment may prevent complications fromdeveloping, such as infection. Prompt reporting of the accident that produced the injury will

enable the supervisor to make prompt investigation. The Investigation he makes might reveal ahazardous condition or work practice which, if not corrected, could lead to a more serious injury.

H.

MEDICAL EXAMINATIONS:Employees may be required to take a post-employment physical exam to determine their ability toperform the essential duties of the job.

If an employees ability to perform the essential duties of their job is deficient for any reason, thesupervisor 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 medicaltreatment or reasonable accommodation. Failure on the part of an employee to address their workperformance issues does not excuse them from performing essential duties. Refusal to cooperatewith reasonable requests and procedures regarding fitness for duty questions raised by observableand documented job performance issues may result in the employee being unprotected undereither law. For further information, consult the countys ADA and FMLA policies.

Employees shall submit to routine physical examinations if required by the employees jobdescription or job classification.

All employee physical examinations requested by Sedgwick County or required by theemployees job description or job classification will be paid for by Sedgwick County. SedgwickCounty 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.

I.

SEAT BELT REQUIREMENTS:All operators, drivers, and passengers of Sedgwick County motorized equipment, SedgwickCounty motor vehicles, and personal vehicles used for Sedgwick County business (mileage and

expense reimbursement) shall use safety belts as equipped for the particular vehicle to the extentrequired by Colorado law.

This policy becomes necessary because of the Colorado State Seat Belt Law which becameeffective July 1, 1987 and requirements of the County Workers Compensation Pool Board ofDirectors. If the County or its employees fail to adopt the policy and adhere to its intent, we can

become subject to penalty assessments in Workers Compensation claims in the future.

J.

JOB PERFORMANCE GENERALLY:Every county employee should be aware that they are public employees, and it is their duty tomaintain a standard of conduct that is consistent with the best interest of Sedgwick County.Conduct which reflects unfavorably upon the County in the manner of job performance standards

is grounds for dismissal.

An employees job performance includes but may not be limited to his or her on the job behaviorssuch as work habits, reliability, job skills, accomplishments and productivity, attention to detail orsafety matters, and the tangible products of his or her activities. Each employee will be evaluatedat least once a year by his/her supervisor.

Job evaluations, job corrective actions, or disciplinary actions can be taken at any time when thenature, extent, seriousness and effect or omission committed warrants additional on the jobtraining, correction or more serious response. The following standards are not exclusive andshould be taken only as examples of standards that can be expected.1.

Any continuing or ongoing violation of any rule or policy of Sedgwick County

2.

Violation of an EEO, harassment, discrimination or anti-retaliation conduct policies.

3.

Incompetence, lack of courtesy or inefficiency in the performance of job duties.

4.

Negligent or willful damage or waste of public property.

5.

Refusal to comply with lawful orders or regulations.

6.

Insubordination. (Failure to follow reasonable instructions issued by properauthority).


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7.

Deliberate, offensive language or conduct toward the public or fellow employees.

8.

Being under the influence of intoxicating or non-medically prescribed drugs ornarcotics.

9.

Unexcused absence without being granted leave.

10.

Accepting bribes in the course of employment.11.

Deliberate misstatement or a material omission in the application for employment.

12.

Falsifying sickness or any other cause of absence.

13.

Dishonesty relating to the performance of job duties or fitness for those duties.

14.

Giving preferential treatment to individuals or groups or discrimination againstindividuals or groups.

15.

Breach of confidentiality relating to the performance of job duties or fitness for thoseduties.

16.

Failure to satisfactorily follow or complete corrective action plan given by theemployees supervisor.

17.

Any other reason that, in the discretion of the employer, warrants corrective ordisciplinary action.


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VII. SUBSTANCE ABUSE POLICY

A.

PURPOSE:The County values the contributions of their elected officials, their appointed officials as well astheir employees and, likewise, have a joint interest in the safety of their work place and in theirjob performance. Considering the widespread existence of substance abuse in our society, it isnecessary to emphasize the County's commitment to fostering a safe and healthy workenvironment. Therefore, a policy regarding substance abuse in the work place has beenestablished.

B. DEFINITIONS:1.

Alcohol or Alcoholic Beverages - "Alcohol" means beer, wine, and all forms ofdistilled liquor containing ethyl alcohol. Reference to use or possession of alcoholincluding use or possession of any beverage, mixture, or preparation containing ethylalcohol.

2.

CDL - Commercial Drivers License

3.

Drug - Any substance (other than alcohol) that has known mind or function-alteringeffects on a person. These substances include, but are not limited to, marijuana andsubstances prohibited or controlled by Colorado and federal controlled substancelaws.

4.

ManagementManagement shall include Supervisors, Elected Officials, DepartmentHeads, and the Board of County Commissioners.

5.

Motor vehicle accident - the term motor vehicle accident includes (a) anoccurrence during the course of performing job duties and involving a Countyvehicle 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 ora citation for a moving traffic violation arising from the accident.

6.

Negative TestA drug test which does not detect drugs in the employees system oran alcohol test in which the employee has a blood alcohol content below 0.02.

7.

Prescribed Drugs Any substance, except marijuana, prescribed for the individualconsuming 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 analcohol 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 tosafeguard County property, the unlawful manufacture, distribution, dispensation,possession, use, sale, or transfer of alcohol, drugs or controlled substance on anyCounty premises, work sites or during County work time, is strictly prohibited,except as provided for prescription drugs. The County therefore has a ZEROtolerance policy towards use of drugs and alcohol. An employee who tests positivefor 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 theinfluence or impaired by alcohol or any drug, except as provided for prescriptiondrugs. If an employee reports for work, goes to or remains on duty while under suchinfluence, 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 thisprohibition. At no time shall a County vehicle be operated while any employee isunder the influence of drugs or alcohol.

4.

As a condition of employment, employees must agree to abide by this policy. Suchcondition of employment does not create a contract of employment, but rather is aprerequisite to hiring or continued employment of any employee.

5.

As a condition of employment, employees must agree to report to Management anycriminal drug statute conviction for a violation occurring in the work place. Suchreport must be made within five days of the date of conviction. "Conviction" meansa finding of guilt, a plea of nolo contender or imposition of a sentence by anymunicipal, state or federal court. Such condition of employment does not create acontract of employment, but rather is a prerequisite to hiring or continuedemployment of any employee.

6.

If the employee's job involves a contract with a federal agency for procurement ofgoods or services for such agency, or federal grant funds, such conviction will bereported to the federal agency within ten days of the County receiving the reportrequired.

7.

As a condition of employment, employee must agree to participate in approvedtesting for alcohol or controlled substances at a time and place and under suchconditions as designed by the Board of County Commissioners. Such testing mayoccur when Management can articulate a reasonable suspicion that the subjectemployee is actually performing on the job in an impaired condition. Such testingmay also occur randomly for those employees performing safety-sensitive jobs or

jobs regulated by federal regulations (i.e. U.S. Department of Transportationregulations).

8.

This policy applies to all (full time and/or part time and CDL)personnel employedby the County. Compliance with this policy is required as a condition of continuedemployment.

9.

Any such employee found in violation of this policy will be subject to disciplinarysanctions as set forth in the Sedgwick County Personnel Policy. The sanctions mayinclude dismissal. Other actions, including notification of appropriate lawenforcement 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 Countyspolicies set forth herein; the availability of community based programs; anddisciplinary sanctions that may be imposed upon employees for drug-abuseviolations.

D. TREATMENT:It is the responsibility of the employee to initiate treatment for and to correct substance abuse ordependency. The employee is also responsible for the cost of treatment; however, healthinsurance 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 employeeseeks treatment or counseling, assuming this policy has not been violated. However, in situationswhere substance abuse has a demonstrable impact on job performance or where there has beenpolicy violations, disciplinary measures, up to and including termination, will result. In thosecircumstances, where an employee is required to seek professional treatment in lieu of beingterminated, 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 concernthat employees who use drugs endanger the public, are at risk of injuring themselvesand others while on the job, and diminish overall workforce productivity.Additionally, due to workforce size, the employees of the County are often requiredto perform various duties (whether or not in their job description) such as driveCounty vehicles, operate County equipment, machinery, and power tools, handlecash and County monies, handle various chemicals, work with electricity, supervisechildren, and interact with at-risk children and adults. The County does not have theability 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 itsobligation to uphold the public trust, and to treat all new hires equally, the Countywill utilize pre-employment drug screening for employees (full time and/or parttime or CDL) as a part of the selection hiring process. The purpose of suchscreening 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 consumingillegal drugs or alcohol while on duty, or gives Management reasonable suspicionbased upon specific facts and reasonable inferences drawn from those facts that theemployee is affected by the use of drugs or alcohol to the extent that job performanceis impaired, or to the degree that it may result in jeopardizing the safety and well-being of the individual, other employees, or the public, the County may require theemployee to submit to an appropriate test for alcohol or drug use. Indicia ofimpairment include, but are not limited to, reduced level of work performance,changed demeanor, unusual behavior (slurred speech, lack of balance, blood shoteyes, 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. Refusalto submit to such a test is grounds for termination. A positive result to a drug oralcohol test may result in either the employee being required to enter a treatmentprogram at their own expense and/or disciplinary action. In any event, no employeeis allowed to return to work until a negative test result equivalent to the ZEROtolerance 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 andfederal law, in the Sheriffs Office, or in jobs which require a CDL are subject tosporadic scheduled drug and alcohol tests performed throughout the calendar year atvarious unannounced times. Being selected and subject to a random test (or beingtested for cause) does not remove the employee from future drawings. Therefore, it ispossible 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 noless 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 randomtesting 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, orwho 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 toduty requiring the performance of a safety-sensitive function. A return-to-duty alcoholtest must have a result of less than 0.02 blood alcohol concentration; a return-to-dutydrug test must have a verified negative result. Return-to-duty tests shall be paid for bythe County.

5.

Follow-up Testing (For Employees Who Are Not Dismissed From TheirEmployment) All employees who have tested positive for alcohol or drugs, asdefined in this Policy, or who have informed the County that they may have a problemassociated with drug use or alcohol misuse may also be required to submit to follow-uptesting 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. Part40. 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, orcannot be discounted as a contributing factor to a motor vehicle accident, asdetermined by Management, the employee shall provide, as soon as possibleafter the motor vehicle accident, breath, urine and/or blood samples to betested 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 toa vehicle or any other property, as determined by Management, the employeemay be required to provide, as soon as possible after the motor vehicle

accident, breath, urine and/or blood samples to be tested for drugs andalcohol 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 medicalexplanation.

b.

Failure to provide adequate urine for controlled testing without a validmedical 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 medicalreason is presented.

e.

Failure to proceed to the testing site within 30 minutes of the time theemployee is told to report.

f.

Engaging in conduct that clearly obstructs the testing process.


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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 thesame urine sample be conducted at a different, comparable, certified laboratorywhich is agreed upon by the County and the employee. The additional test would beat 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 AbusePolicy" 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.

G.

INSPECTIONS AND SEARCHES:County vehicles, lockers, desks, filing cabinets, files, etc., remain the property of theCounty, and if Management has reasonable cause to suspect that employee(s) may be inviolation of the terms of this policy, such property may be subject to County-initiatedsearches at any time and without notice.

H.

USE OF PRESCRIPTION AND/OR OVER-THE-COUNTER DRUGS:1.

Prescribed Drugs are a Drug for purposes of this Policy. Employees may usePrescribed Drugs as long as such use is in the manner, combination, and quantityprescribed and such use is not prohibited by the employees licensed practitioner forthe employees working conditions.

2.

Any employee who is using a prescribed or over-the counter drug and who has beeninformed, has reason to believe or feels that the use of any such drug may affect hisor her ability to perform his or her job duties safely and/or efficiently is required toreport such drug use to his or her supervisor.

3.

In those circumstances where the use of a prescribed or over-the-counter drug isinconsistent with the safe and efficient performance of duties, an employee may be

required to take sick leave, a leave of absence, or other action determined to beappropriate by Management.

4.

Marijuana, for purposes of this policy, is not considered a prescription drug.Marijuana possession and use, whether for medical use or otherwise, is not congruentwith the performance of any jobs of the County and violates this policy.

I. PROCEDURES FOR PRE-EMPLOYMENT SUBSTANCE SCREENING:1.

All job applicants (excluding current employees bidding on a promotionalopportunity, unless applying for a CDL or safety-sensitive job) will be given noticethat:

a.

As a part of the County employment process, applicants will be asked to

submit to a drug screening; failure to comply with screening procedures maydisqualify them from employment.

2.

Final contenders for a position will be asked to sign a consent form indicating theirwillingness to participate in the drug screening and in having the results reported toManagement.

3.

The collection of a urine sample will be required for the new hire selected for theposition. The collection of the sample will be done by a County appointed facility


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after a final offer has been made, but before employment begins. The County willbear the expense.

4.

The general procedure will be to have the laboratory perform an initial immunoassayscreen. In the case of a positive initial screen, a second more specific confirmatorytest will be performed on the same sample.

5.

A written report on the screening results will be provided to Management. Negativeresults, indicating the absence of any drugs or alcohol will indicate the individualeligible to continue in the employment selection process. Positive results on aconfirmatory test, indicating the presence of drug may disqualify the applicant foremployment. Any prescribed drugs will be duly noted and unless that prescribeddrug prevents the applicant from performing their tasks as assigned, the applicantmay continue in the selection process.

J. PROCEDURES FOR REASONABLE SUSPICION TESTING:If there is reasonable suspicion that an employee is in violation of this policy:1.

Management should take possession of any suspected contraband in plain view. Ifthe employee refuses to turn over the suspected contraband, do not use force, but

inform him/her that refusal may be grounds for discharge. Make sure that theemployee does not dispose of the suspected contraband, if at all possible. Put anysuspected contraband in containers and mark them for future identification andtesting.

2.

Do not allow the employee to continue to work.

3.

Notify other Management about the situation. Should it be deemed necessary toconduct a search of the employee, contact the appropriate law enforcement agency.Before proceeding with notification of any law enforcement agency you mustcontactthe County Attorney personally to obtain permission.

4.

Allow the employee to have another employee present, if the employee requests.

5.

Conduct an interview with the employee about the suspected violation and give theemployee a chance to explain the situation. There must be two Management personspresent during the interview.

6.

Obtain a verbal consent and a written consent, signed by the employee, giving theCounty permission to transport the employee to a facility which will conduct a drugscreening using urinalysis or, in the case of suspected alcohol usage, a breath test.Always maintain a chain of custody. If the employee refuses to submit to such a test,explain that refusal is grounds for discharge. If the employee still refuses, thencomplete the interview, suspend the employee, and take appropriate disciplinaryaction based on the available evidence. If the employee agrees to the testing, butrefuses to sign a waiver, proceed to Step 7 and document the employee's verbalagreement to the test.

7.

Transport the employee to the designated facility for obtaining screenings and tests.After this part of the investigation is complete, suspend the employee without paypending receipt of the test results and/or other investigation.

8.

If the employee is suspected of being under the influence of drugs or alcohol, be sureto provide the employee with transportation to their residence. DO NOTallow theemployee to drive home.


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9.

Prepare a detailed written report about the incident and obtain written statementsfrom witnesses. These reports are to be held in the strictest of confidence used on aneed-to-know basis by Management.

10.

If during the investigation suspected contraband is found, Management shall contactlaw 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 todetermine if alcohol, drugs or controlled substances are present. If the test results arenegative, the employee probably was not under the influence. If the qualitative testresults are positive, the laboratory will conduct a confirmatory test to determine theidentity of the substance and the amount present in the specimen.

12.

When test results are received, treat them as strictly confidential with access on aneed-to-know basis. Keep them in a locked file and do not mix them with otherpersonnel records. The designated custodian of these test results shall be theDepartment Head or the County Clerk only. This information is not to be kept by theelected officials.

13.

If test results on the suspected contraband and specimens are negative, put theemployee back to work, with back-pay, and assure the employee that theinvestigation is over and will not affect his/her employment with the County.

14.

Post-accident testing will also include testing to determine any other physicalimpairments of hearing, sight, possible heart or blood pressure problems and willinclude all tests determined necessary due to the circumstances surrounding theaccident. This policy will insure the employee, as well as the County, of the exactcause of the impairment of the employee which may not be reflected by theemployees' 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 beingdisciplined, up to and including termination. In any event, no employee will beallowed to return to work until a negative test result is obtained. Should an employeebe required to enter a treatment program, the employee will be subjected to testingfor cause. If any test results are positive after the opportunity for treatment and/orcounseling, termination will be the normal consequences.

16.

The Supervisor, Department Head and other Management, if applicable, (no less thantwo Management persons), will meet with the employee and inform him/her of thetest results and any action to be taken.

17.

Keep all records and information about any testing strictly confidential. Do notdiscuss the matter with anyone other than the Department Head or the County

Attorney. All documentation and records are to be turned over to the DepartmentHead or County Clerk personally and no copies are to be kept in private personnelfiles.

K.

PROCEDURES FOR POST-ACCIDENT TESTING:1.

Employees must not consume alcohol after an accident until one of the following hasoccurred:

a.

A determination has been made by Management that a post-accident alcoholtest will not be required;


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b.

The employee has completed the post-accident alcohol test; or

c.

Thirty-two hours have elapsed since the accident occurred.

2.

Employees who are involved in an accident involving bodily injury or in which theemployee has received a citation from state or local officials for a moving violationmust remain available for drug and alcohol testing for 32 hours after the accident.

3.

Employees who do not remain readily available for drug and alcohol testing for the 32hour period following an accident may be considered to have refused a test, and may bedisciplined accordingly.

L. PROCEDURES FOR RANDOM TESTING:The County will contract with a third-party to conduct randomized testing of safety-sensitive positions and positions requiring a CDL. Random testing will be donethroughout the year at various unannounced times. Being selected and subject to arandom test (or being tested for cause) does not remove the employee from futuredrawings. Therefore, it is possible for any one employee to be drawn for any or all teststhroughout the year. The County will follow applicable U.S. Department ofTransportation regulations when conducting random testing required by the U.S.Department of Transportation. The County will follow either the U.S. Department ofTransportation regulations or the suggested protocol of the third-party contractor inconducting randomized testing of non-Department of Transportation regulated jobs.Should other federal agencies require random testing of County employees performingjob duties in job classifications regulated by that agency, the County will follow the

agencys applicable protocol in regards to random testing.

M.

SUBSTANCE ABUSE POLICY SUMMARY:It is the policy of Sedgwick County to prohibit the unlawful manufacture, distribution,dispensation, possession, or use of a controlled substance during duty hours or on Countypremises or other work sites where employees may be assigned. Further prohibited is the illegaluse, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances

during non-working time to the extent such use impairs an employees ability to perform his job.

If any employee is seen possessing or consuming illegal drugs or alcohol while on duty, or givesManagement reasonable suspicion based upon specific facts and reasonable inferences drawnfrom those facts, that the employee is affected by the use of illegal drugs or alcohol to the extentthat job performance is impaired, or to the degree it may result in jeopardizing the safety andwell-being of the individual, other employees, the public, or County; Sedgwick County mayrequire the employee to submit to an appropriate test for alcohol or drug use.

Excluded are prescribed drugs when used in the manner, combination and quantity intended,unless job performance could be affected. Employees who must use an over-the-counter orprescription drug that causes adverse side effects or may affect their ability to perform work in a

safe and productive manner must notify his supervisor prior to starting work. The supervisor ormanager, after proper inquiry, will decide if the employee can remain at work and what workrestrictions, if any, are deemed necessary.

Compliance with the above-stated policy is a condition of employment for all employees ofSedgwick County. Further, any employee who is convicted under a criminal drug statute for aviolation occurring in the work place or who pleads guilty or no lo contender to such chargesmust notify the county within (5) five days of such conviction or plea. Failure to do so will resultin disciplinary action, including possible termination from employment for a first offense.


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Employees convicted or who plead guilty or no lo contendersto such drug related violations aresubject to termination and/or mandatory attendance and successful completion of a drug abuseassistance or similar program as a condition of continued employment.

Other departments may have additional legally required procedures for testing, such as the Roadand Bridge department. However, no testing policy or procedure may be used without the

express consent of the BOCC.


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VIII. EMPLOYEE ACKNOWLEDGMENT OF THE SEDGWICK

COUNTY SUBSTANCE ABUSE POLICY

I have received a copy of Sedgwick County Substance Abuse Policy and understand thatin order to continue my employment with Sedgwick County, I must abide by the terms ofthat policy. I agree to notify my Department Head or County Attorney of any criminaldrug statute conviction or plea of guilty or nolo contendere for a violation occurring inthe workplace no later than five (5) days after such conviction or plea.

______________________________EMPLOYEE SIGNATURE

_______________________________DEPARTMENT

________________________________DATE

Adopted this ______ day of _________, 20___.


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IX. BENEFITS

Unless otherwise accrued as paid leave under the terms of this policy (or, for existing employees whoaccrued paid leave under a prior policy), any leave is unpaid. For any periods of unpaid leave, paid leaveof any category will not accrue nor will any benefits except those required by law, such as retirementcontributions 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 useaccrued vacation time.

All employees shall have been employed for at least 1year before becoming eligible for jobseparation compensation.

Scheduled time off for vacation shall be at the discretion of the Board of County Commissionersand 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 yearwill be forfeited.

Employees shall accrue vacation time according to the following schedule:Duration of Time Worked in County Rate of Accumulation

0-9 Years 12 Working days per year10-14 Years 15 Working days per year1520 Years 18 Working days per year20-24 Years 21 Working days per year25 or More Years 24 Working days per year

***A working day is defined as an eight (8) hour day***

B.

SICK LEAVE:Every eligible employee shall earn paid sick leave credit of 1 day (8 hours) for each full month ina calendar year from January through December. Sick leave can be used upon date ofemployment. Sick leave accumulation is unlimited. Any employee, upon retirement after theminimum age of 62 or becoming qualified disabled, (per qualifications of social securityregulations) shall be compensated based on regular pay for a maximum of 60 days (480 hours) ofaccrued sick leave. Sick leave credit and payment therefore may be used only in the case of bona-fide employee illness requiring absence from the job or immediate family illness or as allowedunder FMLA. Sick leave determinations shall be made by the Board of County Commissioners,the appropriate Elected Official or the Department Head involved. Their d

Documents

Sedgwick County Personnel Policy 2016