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Human Resources
Policies and Procedures

Series 100 - Administrative

TABLE OF CONTENTS

► Policy 101 Authority of the County Manager
◦ Procedure 101-1 Authority of the Dept. of Human Resources (HR)
◦ Procedure 101-2 Authority of the Office of Financial Management
◦ Procedure 101-3 Authority of Department/Agency Leaders

► Policy 102 Coverage of the HR Policies and Procedures
◦ Procedure 102-1 Human Resources Practices and Department/Agency Rules

► Policy 103 Positive Employee Relations
◦ Procedure 103-1 Employee Supervision

► Policy 104 Employment-At-Will

► Policy 105 Equal Opportunity in Employment
(approved Dec. 16, 2004)
◦ Procedure 105-1 Reporting and Investigating Allegations of Discrimination
◦ Procedure 105-2 Requests for Reasonable Accommodation

► Policy 106 Productive Work Environment
(approved Dec. 16, 2004)
◦ Procedure 106-1 Reporting and Investigating Allegations of Harassment

► Policy 107 Ethics and Business Conduct

► Policy 108 Union-Free Workplace

POLICY 101
AUTHORITY OF THE COUNTY MANAGER

PURPOSE

The purpose of this Policy is to describe the role of the County Manager in the management and administration of the Johnson County Government.

POLICY

It is the policy of the Johnson County Government that the County Manager is the chief administrative official of the Johnson County Government and serves at the pleasure of the Board of County Commissioners. The Office of County Management operates under the direction of the County Manager and shall be primarily responsible for directing and supervising the on-going operations of the County Government. The Office shall act for the Board in matters of intergovernmental coordination, shall be responsible for implementation of Board policies, directives, and actions, and shall provide administrative assistance and recommendations to the Board.

The County Manager shall appoint, evaluate, compensate, suspend, and dismiss all County employees and appointive administrative officials, subject to budget approval by the Board of County Commissioners, unless otherwise provided by law, Human Resources Policies or County resolution. The County Manager may delegate any such authority as he/she deems appropriate for the efficient and effective management of the Johnson County Government, subject to the Human Resources Policies. All County employees and appointive officials shall be responsible to the County Manager, through the organizational structure, for all matters of administration. The County Manager may, subject to his authority and supervision, authorize any official to exercise such duties and powers and to sign documents for the departments, agencies and offices under his/her supervision as the County Manager deems appropriate for the efficient administration of County government, consistent with Board policy and direction, unless otherwise provided by law.

Department Directors who under Kansas statute must be appointed by the Board of County Commissioners shall conduct the administrative functions of their department operations under the day-to-day authority of the County Manager. The County Manager shall submit names of qualified applicants for those positions to the Board of County Commissioners for its approval, shall evaluate and compensate individuals in those positions, and may recommend the removal or suspension of those Directors by the Board of County Commissioners pursuant to the Human Resources Policies and Procedures. The County Manager shall direct the coordination of administrative services to County agencies, offices of elected officials, advisory boards, and other entities that utilize County administrative services as authorized and directed by the Board of County Commissioners.

The County Manager shall carry out the following duties and responsibilities in conformance with the requirements of the Home Rule Charter, the Kansas Statutes, County resolutions, and the Human Resources Policies:

1. Bear responsibility for the daily administrative functions of the County;

2. Organize the administration and the organizational structure of all offices, the appointive officials and employees of the Johnson County Government, except as otherwise provided by law or as provided in the Charter;

3. Execute the policies of the Commission through the functional divisions and departments of administration;

4. After appropriate consultation with the Commission, prepare and submit a recommended annual budget, including all revenue sources, to the Commission for final adoption, and administer the budget after its effective date;

5. Submit reports or information to, confer with, assist and advise the Chair, and make recommendations to the Commission on all matters concerning the welfare of the Johnson County Government;

6. Ensure that all resolutions, codes, regulations, rules, policies, directives, and actions of the Commission are faithfully enforced, administered, and executed;

7. Attend, or provide appropriate staff to attend, and participate as necessary and advisable in all official Commission meetings, except any meeting in which the continued employment of the County Manager is the business under consideration;

8. Assist the Chair and the Commission in the preparation of meeting agendas, resolutions, rules, regulations, policies, and all such other matters as may be requested by the Commission;

9. Submit to the Commission and make available to the public periodic annual reports of the financial administrative affairs of the Johnson County Government and keep the Commission advised of the financial conditions and needs of the Johnson County Government;

10. Prepare and submit to the Commission recommendations for a capital improvements and financing program for Johnson County;

11. Present recommendations for and draft policies that have a Countywide impact for review, revision, and approval by the Board of County Commissioners;

12. Sign contracts and other such documents as authorized by and under the supervision of the Board necessary to ensure implementation of the Board of County Commissioners' policies, directives and resolutions; and

13. Establish management and administrative practices, through leadership actions, to enhance the organizational effectiveness and accountability, to develop continuous improvement practices, to create organizational standards, and to build cooperation among all units of the County Government.

The County Manager shall perform other duties as may be prescribed or authorized by the Board, by law, or as otherwise required to fulfill the responsibilities of the position.

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PROCEDURE 101-1
AUTHORITY OF THE DEPARTMENT OF HUMAN RESOURCES

OVERVIEW

The purpose of this Procedure is to describe the role of the Department of Human Resources in the management and administration of the Johnson County Government.

STANDARDS

The Director of Human Resources functions as the head of the Department of Human Resources and is responsible to the County Manager. The Director of Human Resources, as operating head of the Department of Human Resources, supervises the work of the Department’s staff.

The Director of Human Resources is responsible for handling the County’s human resources function and, in that capacity, serves as a senior consultant to senior management on all matters concerning human resources management. In addition, the Director of Human Resources provides staff assistance to supervisors, managers, and Department/Agency Leaders in developing, communicating, and carrying out the County’s personnel policies.

The Director of Human Resources may delegate to or vest his/her authority in other employees within the Department of Human Resources or other departments/agencies, unless otherwise provided by law, Human Resource Policies or County resolution, but the Director of Human Resources retains the overall responsibility for the exercise of that authority.

PROCEDURE

The Director of Human Resources’ responsibilities include the following:

A. Planning and formulating general personnel policies, including workforce planning;

B. Overseeing compliance with all federal, state, and local employment laws and regulations, including complying with statutory employment-related recordkeeping and notice requirements, other than those administered by the Office of Financial Management;

C. Overseeing recruiting, interviewing, testing, selection, placement, and orientation of new employees;

D. Implementing training, education, counseling, and development programs

E. Coordinating the evaluation, transfer, promotion, layoff, recall, demotion, and separation of employees;

F. Administering compensation programs for both exempt and nonexempt employees, in cooperation with the Office of Financial Management;

G. Ensuring compliance with County Human Resources Policies and Procedures;

H. Implementing appropriate disciplinary and grievance procedures and ensuring that those procedures do not alter the employment-at-will relationship or constitute a contract or promise and that those policies or procedures will be followed in every case;

I. Developing Human Resource Practices for the effective and efficient operation of the Department of Human Resources and implementation of the Human Resources Policies and Procedures across the Johnson County Government;

J. Consulting with Department/Agency Leader with regard to recruitment, selection, evaluation, discipline, transfer, promotion, layoff, recall, demotion, and separation of employees; and

K. Maintaining designated personnel records and evaluating human resources programs and policies.

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PROCEDURE 101-2
AUTHORITY OF THE OFFICE OF FINANCIAL MANAGEMENT

OVERVIEW

The purpose of this Procedure is to describe the role of the Office of Financial Management in the management and administration of the human resources function.

STANDARDS

The Director of Financial Management functions as the head of the Office of Financial Management and is responsible to the Office of County Management. The Director of Financial Management, as operating head of the Office of Financial Management, supervises the work of the office’s staff.

The Director of Financial Management is responsible for handling the County’s financial management and accounting functions and, in that capacity, serves as a senior consultant to senior management on all matters concerning financial management. In addition, the Director of Financial Management provides staff assistance to supervisors, managers, and Department/Agency Leader in developing, communicating, and carrying out the County’s personnel policies with regard to employee benefits, payroll, risk management, workplace safety, and employee expenses and reimbursement.

The Director of Financial Management may delegate to or vest his/her authority in other employees within the Office of Financial Management or other departments/agencies, unless otherwise provided by law, Human Resources Policies, or County resolution, but the Director of Financial Management retains the overall responsibility for the exercise of that authority.

PROCEDURE

The Director of Financial Management’s responsibilities with regard to the management and administration of the human resources function include the following:

A. Planning and formulating financial management and personnel policies, including employee benefits, payroll, risk management, workplace safety, and employee expenses and reimbursement;

B. Overseeing compliance with federal, state, and local employment laws and regulations regarding his/her areas of responsibility;

C. Assisting in the orientation of new employees;

D. Implementing appropriate training, education, counseling, and development programs with regard to OFM’s area of expertise;

E. Administering benefits programs as established and authorized by the Board;

F. Ensuring compliance with County Human Resources Policies and Procedures; and

G. Maintaining designated personnel records and evaluating human resource programs and policies.

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PROCEDURE 101-3
AUTHORITY OF DEPARTMENT/AGENCY LEADERS

OVERVIEW

The purpose of this Procedure is to describe the role of Department/Agency Leaders in the management and administration of the human resources function within their departments/agencies.

STANDARDS

Department/Agency Leaders function as the executives of the various departments/agencies of the Johnson County Government and are responsible to the County Manager, through the organizational structure, for matters of human resources administration, unless otherwise provided by law, Human Resources Policies or County resolution.

Department/Agency Leaders are responsible for the efficient and effective provision of services to the public and operation and management of the various departments/agencies of the Johnson County Government. Department/Agency Leaders are responsible for and shall answer to the County Manager, Board of County Commissioners, Agency Board, and/or state official, as set forth by the Charter, County resolution or Kansas statute, with regard to operational matters and the provision of services to the public.

PROCEDURE

The County Manager delegates his/her authority to appoint, evaluate, compensate, suspend, and dismiss County employees to Department/Agency Leaders, subject to the provisions of the Human Resources Policies and Procedures. The County Manager makes such delegation to promote proactive, flexible, and efficient management in light of the operational expertise of Department/Agency Leaders. Department/Agency Leaders shall consult with the Department of Human Resources regarding the recruitment, selection, evaluation, compensation, discipline, transfer, promotion, layoff, recall, demotion, and separation of employees. Department/Agency Leaders shall consult with the Office of Financial Management regarding payroll, withholdings, pay method, garnishments, state retirement, deductions, and benefits.

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POLICY 102
COVERAGE OF THE Human Resources Policies and Procedures

PURPOSE

The purpose of this Policy is to notify employees that the Human Resources Policies and Procedures apply to all employees to the fullest extent possible.

POLICY

It is the policy of the Johnson County Government that the Human Resources Policies adopted by the Board of County Commissioners and any Human Resource Procedures adopted by the County Manager will apply to the fullest extent possible to all employees, including elected officials, civil service employees, appointed officials, and employees who have written employment agreements, to the extent permitted by law.

The Human Resources Policies and Procedures will apply in full, unless a statute, contractual obligation, or Board resolution contains specific language that is clearly and directly inconsistent with specific language in the Human Resources Policies and Procedures and cannot be reasonably interpreted to reconcile such inconsistency. If the inconsistency cannot be reasonably reconciled, then the specific language in the statute, contractual obligation, or Board resolution that is in question will apply but only to the narrowest extent possible in order to reconcile the specific inconsistency and to give the broadest application possible to the Human Resources Policies and Procedures.

To the extent that a statute or regulation of the State of Kansas gives general authority to any department/agency to adopt any human resources-related policy, procedure, or rule, any such policy, procedure, or rule so adopted must be consistent with the Human Resources Policies and Procedures.

The County Manager shall adopt Human Resources Procedures establishing a process for reviewing and updating the Human Resources Policies and Procedures on a continuing basis.

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PROCEDURE 102-1
HUMAN RESOURCES PRACTICES AND DEPARTMENT/AGENCY RULES

OVERVIEW

The purpose of this Procedure is to set forth the manner in which Human Resources Practices and Department/Agency Rules may be adopted and enforced.

STANDARDS

The Department of Human Resources and/or the Office of Financial Management, in consultation with the Legal Department, may develop Human Resources Practices to ensure effective and efficient implementation of the Human Resources Policies and Procedures and to establish the responsibilities of various employees within the Department of Human Resources and the Office of Financial Management. Human Resources Practices shall be entirely consistent with the Human Resources Policies and Procedures.

Department/Agency Leaders may develop Rules to meet the operational needs of the specific department/agency. Department/Agency Leaders may adopt any rules they believe are beneficial or appropriate for the department/agency, provided that rules adopted by departments/agencies shall not conflict with the Human Resources Policies, Procedures, or Practices. Department/Agency Rules must be in writing. Those rules or practices which impact employment practices shall be filed, in written form, with the Department of Human Resources, and if those rules are inconsistent with any policy or practice of the County, then the department/agency shall amend its rules or practices. Departments/agencies are responsible for providing updates to the Department of Human Resources.

PROCEDURES

Any Human Resources Practices will apply to all County employees, including elected officials, appointed officials, civil service employees, and employees who may have written employment agreements, in the same manner as the Human Resources Policies and Procedures.

Department/Agency Rules will apply to all employees who hold positions of any type within that department/agency. Department/Agency Rules may address matters of human resources administration in addition to operational matters. To promote efficiency and minimize subsequent disagreement, departments/agencies shall consult with the Department of Human Resources and/or the Office of Financial Management in connection with the development of any rules touching on matters of human resources administration.

If any Department/Agency Leader has concern regarding the authority to adopt or enforce a Human Resources Practice or Department/Agency Rule, the matter shall be submitted to the County Manager for resolution.

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POLICY 103
POSITIVE EMPLOYEE RELATIONS

PURPOSE

The purpose of this Policy is to advise employees of the County’s intent to maintain a positive and rewarding work environment and of employees’ obligation to behave and perform in a manner that is consistent with such a work environment.

POLICY

It is the policy of the Johnson County Government to seek employees who are committed to excellence in the provision of services to the public. The County is dedicated to providing its employees with a family-friendly and productive work environment that encourages and rewards outstanding performance. The County values a diverse workforce and expects mutual respect and cooperation from all employees regardless of their differences. The County will implement effective Human Resources Policies and Procedures, provide managers and employees with available resources and appropriate training, use performance management to encourage all employees to support the organization’s best interests, and offer employees market-competitive compensation and benefits programs to meet those goals.

The County is committed to a mutually rewarding and direct relationship with its employees. Thus, the County attempts to:

1. Provide equal employment opportunity and treatment regardless of race, religion, color, sex or gender, age, national origin or ancestry, disability, or military status;

2. Provide market-competitive, performance-based compensation;

3. Provide market-competitive, comprehensive, and flexible benefits;

4. Provide a safe and productive working environment that is free from harassment;

5. Establish reasonable hours of work based on the County’s production and service needs;

6. Monitor and comply with applicable regulations concerning employee safety;

7. Offer appropriate training and professional growth opportunities;

8. Indemnify and defend employees acting within the scope of their employment and in compliance with County policy in appropriate circumstances;

9. Be receptive to constructive suggestions about job duties, working conditions, or human resources policies; and

10. Establish appropriate means for employees to discuss matters of concern with their immediate supervisor or Department/Agency Leader.

The County, as part of its commitment to providing the public excellent services and to creating a productive work environment, expects all employees to:

1. Interact with the public and business associates in a professional manner;

2. Represent the County in a positive and ethical manner;

3. Perform assigned tasks in an effective and efficient manner;

4. Be punctual and work as scheduled;

5. Behave in a considerate, friendly, and constructive manner toward fellow employees; and

6. Comply with the policies adopted by the County.

The County retains the sole discretion to exercise all managerial functions, including the right to:

1. Assign, supervise, discipline, and dismiss employees;

2. Determine and change starting times, quitting times, and shifts;

3. Transfer employees as needed;

4. Determine and change the size and qualifications of the workforce; and

5. Determine and change methods by which its operations are to be carried out.

Employment with the County is on an at-will basis, so that either the County or employees may end the relationship at any time and without cause. Nothing within the Human Resources Policies and Procedures changes the employment-at-will relationship or creates an express or implied contract or promise. The County retains the right to interpret and amend its policies, practices, rules, and regulations as it sees fit.

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PROCEDURE 103-1
EMPLOYEE SUPERVISION

OVERVIEW

The purpose of this Procedure is to notify employees that their work will be supervised and to discuss the nature of the supervisory relationship.

STANDARDS

The work of all County employees will be assigned, directed, and reviewed by supervisors. Employees ordinarily will have only one direct supervisor to whom they report. Employees are expected to provide productive services for the purposes of conducting County business and providing services to the public. Employees are not expected, and shall not be required, to perform personal services for supervisors, managers, department/agency leaders, or appointed or elected officials.

A primary role of each supervisor is to provide a link between executive management and employees. Accordingly, supervisors are expected to know, comply with, and communicate the County’s goals and policies to the employees they supervise. They also are expected to communicate to executive management the attitudes, suggestions, and complaints of their employees.

To foster appropriate managerial decision-making without the fear of personal liability, the County will defend and indemnify its supervisors and managers from and against ordinary damages regarding employment-related actions taken within the scope of their authority and duty, provided that such actions are in full compliance with the Human Resource Policies and Procedures, any other applicable County policies and department/agency rules, subject to the limitations imposed by the Board or by law. No legal assistance, defense, or indemnification will be provided in any event for willful, malicious, or criminal acts, or for serious, pervasive, or repeated refusal to comply with County policies or rules or other instructions or directives of the Board or the County Manager.

Supervisors are expected to provide leadership and supervision for all employees consistent with the guidelines described below. These guidelines should not be considered as creating a contract or promise, express or implied, to employees. While supervisors are expected to treat similarly situated employees consistently, each situation must be addressed individually and employees will not always be treated in an identical manner.

PROCEDURES

In addition to understanding the technical skills needed in their work unit, supervisors should be able to lead and motivate their employees to do their best work. Thus, supervisors should attempt to:

A. Treat employees with respect and understanding in consideration of their individual circumstances;

B. Treat employees in a fair and consistent manner;

C. Give recognition for good performance and provide guidance when improvement is needed;

D. Explain in advance when and why changes are necessary;

E. Recommend employees with growth potential for other opportunities, even if it means losing them to other work units;

F. Explain the reasons for decisions to employees;

G. Set work goals and standards for employees;

H. Create a feeling of teamwork among employees; and,

I. Set good examples by holding themselves to the standards of conduct and performance that they demand of their employees.

Supervisors are responsible for ensuring that the County’s goals for employee conduct and performance are achieved and that the Human Resource Policies and Procedures are implemented. Therefore, supervisors’ duties typically include:

1. Recommending the hiring of personnel and overseeing special job training;

2. Keeping employees informed about their work assignments, work progress, and opportunities for advancement;

3. Evaluating the performance of employees;

4. Recommending salary adjustments, promotions, transfers, and termination of employment;

5. Scheduling vacations and meal and rest breaks;

6. Approving allowances and reimbursement of employee expenses;

7. Controlling absenteeism and tardiness and approving requests for time off;

8. Verifying employee time records and scheduling overtime when necessary;

9. Complying with applicable federal and state laws and regulations, including those concerning nondiscrimination, sexual harassment, and employee safety;

10. Maintaining neat and orderly work areas;

11. Implementing suggestion, disciplinary, and problem review procedures; and,

12. Ensuring that employees comply with all rules and regulations.

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POLICY 104
EMPLOYMENT-AT-WILL

PURPOSE

The purpose of this Policy is to inform employees that the County only provides employment on an “at-will” basis except as approved by the Board of County Commissioners.

POLICY

It is the policy of the Johnson County Government that all employees who do not have a written employment contract with the County for a specific, fixed term of employment are employed at the will of the County. Employees who do not have an individualized written employment contract are subject to termination of employment at any time, for any reason, with or without cause or notice. At the same time, these employees may terminate their employment at any time and for any reason. No employee should have any expectation that the employment relationship is continual or permanent in nature.

Only the Board of County Commissioners, via resolution, is authorized to make exception to this Policy and enter into an employment contract with an employee or prospective employee. Any such exception must be in writing and signed by both the employee and the County Manager (on behalf of the Board) or the Chairman (on behalf of the Board). Written employment agreements normally will set out the significant terms and conditions of an individual’s employment.

No County employee, elected official, appointed official, or representative is authorized to modify this Policy for any employee or to enter into any agreement, oral or written, that changes the at-will relationship. Supervisors and managers shall not make any representations to employees or applicants concerning the terms or conditions of employment with the County that are not consistent with County policies. No statements made in pre-hire interviews or discussions, or in recruiting materials of any kind, alter the at-will nature of employment or imply that discharge will occur only “for cause.”

This Policy may not be modified by any statements contained in the Human Resources Policies and Procedures, Human Resources Practices, or Department/Agency Rules or any other employee handbooks, employment applications, County recruiting materials, County memoranda, or other materials provided to applicants and employees in connection with their employment. None of these documents, whether singly or combined, create an express or implied contract of employment for a definite period, or an express or implied contract concerning any terms or conditions of employment. Similarly, County policies and practices with respect to any matter should not be considered as creating any contractual obligation on the County’s part or as stating in any way that termination will occur only “for cause.” Statements of specific grounds for termination set forth in the Human Resources Policies and Procedures or in any other County documents are examples only, not all-inclusive lists, and are not intended to restrict the County’s right to terminate at-will.

Completion of the Introductory or Qualifying Period or conferral of regular status does not change an employee’s status as an at-will employee or in any way restrict the County’s right to terminate the employee or change the terms or conditions of employment.

In the absence of a written employment contract approved by the action of the Board of County Commissioners, no employee or prospective employee has the right to or may rely on any promise, representation, or agreement (oral or in writing) made by any elected official, appointed official, director, division head, manager, supervisor, or other employee that would be contrary to “at will” employment.

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POLICY 105
EQUAL OPPORTUNITY IN EMPLOYMENT

PURPOSE

The purpose of this Policy is to inform employees of the County’s commitment to equal employment opportunities and the County’s commitment to provide a workplace that is free from harassment or unlawful discrimination.

POLICY

It is the policy of the Johnson County Government not to discriminate against any employee or applicant for employment because of race, color, sex, religion or creed, age, disability, pregnancy, ancestry or national origin, military status or membership or service in the military. The County prohibits and will not tolerate unlawful discrimination by employees and elected and appointed officials against any employee or applicant for employment. In addition, the County prohibits discrimination on the basis of political affiliation or belief.

This policy prohibiting discrimination in employment includes, but is not limited to:

1. Hiring and evaluating the skills, education, and experience of applicants;

2. Promoting, demoting, transferring, disciplining, and laying off of employees;

3. Classifying positions;

4. Recruiting, advertising, or soliciting for employment;

5. Training throughout employment, or selecting employees for training or applicants for internship programs; and

6. Establishing rates of pay, assignment of duties, and terms, conditions, and privileges of employment.

No employee or elected or appointed official shall aid, abet, compel, coerce, or conspire to discriminate or harass another employee because of race, color, sex, religion or creed, age, disability, pregnancy, ancestry or national origin, military status or membership or service in the military. Each supervisor and manager has a responsibility to keep the workplace free of harassment and discrimination.

The County will use for job referral purposes only those agencies which do not discriminate. All programs and services shall be offered in a non-discriminatory manner.

The County will make reasonable accommodations for the impairments of qualified individuals with disabilities, consistent with the qualifications required for the essential functions of the position, unless the accommodation would cause undue hardship. The County will make reasonable accommodations for individuals’ bona fide religious beliefs and practices to the extent required by federal or state law, unless undue hardship to the County would result.

The County shall comply with all applicable federal, state, and local laws, rules, and regulations for the protection of the rights of applicants and employees, including federal and state employment-related statutory recordkeeping and notice requirements.

Nothing in this policy is intended to circumscribe or modify the right of the County to:

1. Direct the work of its employees;

2. Hire, promote, demote, transfer, assign, or retain any employee;

3. Suspend or discharge employees;

4. Maintain the efficiency of the County’s operation;

5. Relieve employees from duties because of lack of work or for other legitimate reasons;

6. Take such actions as may be necessary to carry out the mission of the County in emergencies; and

7. Determine the methods, means, and personnel by which operations are to be conducted.

Violations of this policy constitute misconduct and will result in disciplinary action, up to and including termination of employment. Retaliation against any employee for filing a complaint, reporting discriminatory conduct, or participating in an investigation is strictly prohibited.

Any employee who believes in good faith that he/she has been discriminated or retaliated against by a co-worker, supervisor, manager, or elected or appointed official should immediately report the matter to the Department of Human Resources or any supervisor or manager without regard to the chain of command.

The County Manager is directed to establish Human Resources Procedures for the reporting and investigation of complaints of discrimination, harassment, or retaliation in employment. Reports of discrimination and retaliation will be investigated and appropriate action taken if warranted in accordance with the Human Resources Procedures established by the County Manager.

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PROCEDURE 105-1
REPORTING AND INVESTIGATING ALLEGATIONS OF DISCRIMINATION

OVERVIEW

The purpose of this Procedure is to inform employees, supervisors, managers, and Department/Agency Leaders of the manner in which allegations of discrimination may be reported and will be investigated.

STANDARDS

All employees should report or relate concerns regarding discrimination to the Department of Human Resources, or to any supervisor or manager, without regard to the “chain of command” and without fear of retaliation. All complaints and concerns reported under this procedure shall be expeditiously investigated.

No complainant may be required to make any report in writing.

Any employee who believes that another person’s actions or words constitute workplace harassment, violence, or discrimination has a responsibility to report the situation as soon as possible.

Retaliation against any employee for filing a complaint or participating in an investigation is strictly prohibited. Violations of this Procedure will result in disciplinary action, up to and including termination of employment.

PROCEDURE

A. Any employee who believes that he/she has been discriminated against or subjected to harassment may report the incident or occurrence to the Department of Human Resources or to any official, supervisor, or manager without regard to the chain of command. The employee may make the report either verbally or in writing.

B. Any employee who believes that he/she has witnessed an apparent incident or occurrence of discrimination or harassment in the workplace or arising out of County employment shall immediately report such information to the Department of Human Resources.

C. Any supervisor, manager, department/agency leader, or elected or appointed official, upon receiving a written or oral complaint, allegation or any notice whatsoever of discrimination or harassment in the workplace, or of retaliation for reporting discrimination or harassment, shall provide written notice of the complaint, allegation, or notice to the Director of Human Resources within one business day.

1. A supervisor or manager may take immediate action whenever he/she believes it is necessary to protect an employee from any further discriminatory conduct or harassment.

2. The written notice will be provided to the Director of Human Resources regardless of the supervisor or manager’s opinion of the relative merits of the claim. If the supervisor or manager has taken any action regarding the allegation, the written notice shall state what action has been taken.

3. Failure to make a written report of an allegation, complaint, or notice is in violation of this procedure and shall subject the supervisor or manager to discipline.

D. The Director of Human Resources, upon receipt of written notice from any source or upon personally receiving an oral or written complaint, allegation, or notice of workplace discrimination or harassment, will immediately open and maintain a file regarding the matter and notify appropriate legal counsel.

E. The Director of Human Resources, in conjunction with the Legal Department, shall determine whether the Department of Human Resources, the Legal Department, and/or outside counsel will conduct the investigation.

1. The person(s) assigned to conduct the administrative investigation will take statements from the complainant or alleged subject of discrimination or harassment, those persons accused of improper acts or discrimination, any witnesses, and any other persons thought to possess relevant information.

2. The investigator(s) will, at his/her sole discretion, request written and/or oral reports from any of those persons listed above, except that no complainant will be required to make a written statement if unwilling to do so.

3. When a complainant refuses to provide a written statement, the investigator(s) will utilize another method of documenting and preserving the statement.

4. All employees, including but not limited to supervisors, managers, Department/Agency Leaders, or officials, whether elected or appointed, will fully cooperate with the administrative investigation.

5. To the fullest extent reasonable, the investigator(s) shall conduct the investigation confidentially.

6. Failure to cooperate with an investigation constitutes misconduct and may result in disciplinary action, up to and including termination of employment.

F. Upon completion of the administrative investigation, the investigator(s) will submit written findings to the Director of Human Resources, who will consult with the Legal Department.

G. The Director of Human Resources shall review the written findings and recommend appropriate action to the County Manager. If no action is recommended, that shall be so noted. The recommendations may include, but are not limited to:

1. Remedial steps to be taken;

2. Training or education;

3. Managerial or supervisory changes;

4. Disciplinary action; and,

5. Referral to the Employee Assistance Program (EAP).

H. The findings and recommendations shall also be presented to the appropriate Department/Agency Leader(s).

I. If the concerned Department/Agency Leader does not believe that the recommendations should be implemented, he/she shall discuss his/her concerns with the County Manager. The County Manager shall determine whether any disputed recommendations are to be implemented.

J. After the County Manager and the Department/Agency Leader have resolved any disputes and determined a course of action to implement the recommendations, the complainant or affected employee shall be notified in writing that steps have been taken to resolve the issue.

K. The Director of Human Resources shall make a final follow-up report to the County Manager.

L. If the complaint or allegation is in regard to the conduct of the Director of Human Resources, a member of the Department of Human Resources, or Director of Legal Services, the employee who receives the complaint or allegation will immediately notify the County Manager, who will ensure that appropriate steps are taken.

M. If the complaint or allegation is against the County Manager or Chief Counsel, then the Director of Human Resources and Chairman of the Board of County Commissioners will be notified, and persons from outside of the County will be solicited to conduct the investigation. The investigator(s) in such a case will present findings of fact to the Chairman of the Board of County Commissioners, who will determine appropriate action.

N. This policy will be distributed to all County employees and all new hires at the initiation of their employment.

O. While the County encourages employees to report any concerns regarding discrimination or harassment to the County, employees who believe that they have been discriminated against or harassed on the basis of race, color, sex, religion, age, disability, pregnancy, ancestry, or national origin may elect to file a complaint with the Kansas Human Rights Commission (KHRC) or the Equal Employment Opportunity Commission (EEOC).

Cross Reference: Violence-Free Workplace

Productive Work Environment

EEO

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PROCEDURE 105-2
REQUESTS FOR REASONABLE ACCOMMODATION

OVERVIEW

The purpose of this Procedure is to establish the process for requesting a reasonable accommodation of a disability or religious belief and the County’s procedures for handling such requests.

STANDARDS

The County is committed to complying with the federal and state laws prohibiting discrimination in employment. The County will consider requests for accommodation of disabilities and religious beliefs and will determine what, if any, accommodation will be made. The County will make reasonable accommodations for the impairments of qualified individuals with disabilities, consistent with the qualifications required for the essential functions of the position, unless the accommodation would cause undue hardship to the County. The County will also make reasonable accommodations for individuals’ bona fide religious beliefs and practices to the extent required by federal or state law, unless undue hardship to the County would result.

Supervisors who receive requests for a reasonable accommodation will immediately contact the Department of Human Resources. The Department of Human Resources and the department/agency will work cooperatively in an informal, interactive process with any individual who requests a reasonable accommodation. The Department of Human Resources, in consultation with the Legal Department, will ultimately determine what, if any, accommodation will be made. All documentation relating to a request for an accommodation shall be maintained by the Department of Human Resources in a file separate from all other employment records.

Whenever supervisors become aware of an obvious need for an accommodation or a condition that may constitute a disability, then the County shall determine whether or not the employee can perform the essential job functions with or without an accommodation. If an accommodation is required, then the County will work cooperatively in an informal, interactive process with any individual to propose a reasonable accommodation.

PROCEDURE

A. Disabilities

1. When an employee or applicant requests accommodation, the individual or his/her representative must let the County know that he/she needs an adjustment or change at work for a reason related to a medical condition or limitation. To request an accommodation, an individual may use “plain English” and need not mention the Americans with Disabilities Act (ADA) or use the phrase “reasonable accommodation.” The request does not need to be in writing.

2. When an employee or applicant appears to have an obvious need for an accommodation but has not made a request for one, a supervisor or manager shall contact the Department of Human Resources. The Department of Human Resources and the supervisor will initiate an informal, interactive process with the employee or applicant.

3. Any supervisor or manager to whom the request is made shall document the request and any pertinent information provided in the course of the request. The supervisor or manager will contact the Department of Human Resources as soon as practical. The Department of Human Resources and the supervisor will initiate an informal, interactive process with the employee or applicant.

4. A Department of Human Resources representative, the supervisor, and the individual will meet and engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation. The County may ask the individual relevant questions that will enable it to make an informed decision about the request. This includes asking what type of reasonable accommodation is needed.

5. When the disability and/or the need for accommodation is not obvious, the County may ask the individual for reasonable documentation to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation. The County may require that the documentation about the disability and the functional limitations come from an appropriate health care or rehabilitation professional. An individual will not be asked for documentation when: (1) both the disability and the need for reasonable accommodation are obvious, or (2) the individual has already provided the County with sufficient information to substantiate that he/she has a qualifying disability under the ADA and needs the reasonable accommodation requested.

6. The County may choose among reasonable accommodations as long as the chosen accommodation is effective. The County is not obligated to show that it is an undue hardship to provide the more expensive or more difficult accommodation. While the preference of the individual with a disability will be given primary consideration, the County has the discretion to choose between effective accommodations.

7. The County may not require a qualified individual with a disability to accept an accommodation. If, however, an employee needs a reasonable accommodation to perform an essential function or to eliminate an impediment, and refuses to accept an effective accommodation, he/she may not be qualified to remain in the job.

8. The County does not have to provide an accommodation if doing so would impose an undue hardship on the operation of the County’s business. Under the ADA, the term “undue hardship” means significant difficulty or expense in, or resulting from, the provision of the accommodation, and takes into account not only the financial difficulty imposed on the County, but also whether the accommodation would be unduly disruptive, costly, extensive, or substantial.

B. Religious Beliefs and Practices

1. An individual may request a reasonable accommodation for his/her religious beliefs or practices. “Religion,” includes all aspects of religious observance and practice, as well as moral or ethical beliefs sincerely held with the strength of traditional religious views. When an employee or applicant requests accommodation of a religious belief or practice, the individual must describe the nature of his/her religious belief or practice and the employment rule or requirement which conflicts with the religious belief or practice.

2. Any supervisor or manager to whom the request is made shall document and forward the request and any pertinent information provided in the course of the request to the Department of Human Resources as soon as practical.

3. A Department of Human Resources representative, the supervisor, and the individual will meet to clarify what is necessary to provide the appropriate reasonable accommodation. The Department of Human Resources may ask the individual relevant questions that will enable it to make an informed decision about the request. This includes asking what sort of accommodation is sought. The Department of Human Resources also may request information or limited documentation concerning the individual’s religious belief or practice.

4. The County does not have to agree to a specific accommodation preferred by the employee or applicant, as long as the accommodation offered is reasonable.

5. The County does not have to provide an accommodation if doing so would impose an undue hardship. In the context of accommodating religious beliefs or practices, as opposed to a disability under the ADA, an accommodation is an “undue hardship” if it results in more than a nominal cost to the County.

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POLICY 106
PRODUCTIVE WORK ENVIRONMENT

PURPOSE

The purpose of this Policy is to inform employees of the County’s intent to provide a workplace that is free from harassment, intimidation, violence, or other disruptive behavior.

POLICY

It is the policy of the Johnson County Government to provide a productive work environment that is free from harassment, intimidation, violence, or other disruptive behavior. All employees may expect to work in and are expected to maintain an environment free from inappropriate, harassing, or disruptive behavior.

The County will not tolerate verbal or physical conduct by any employee that harasses, disrupts, or interferes with another's work performance or that creates an intimidating, offensive, or hostile work environment. The County prohibits all forms of harassment, especially based upon race, national origin or ancestry, religion, disability, pregnancy, age, military status, sex, or gender.

Any employee who believes in good faith that he/she has been subjected to harassment, violence, disruptive behavior, or retaliation by a co-worker, supervisor, manager, elected or appointed official, or another person, should immediately report the matter to the Department of Human Resources or any supervisor or manager without regard to the chain of command.

The County will take direct and immediate action to prevent such behavior, and to address all reported instances of such inappropriate behavior. Supervisors and managers have a responsibility to keep the workplace free of any form of harassment, particularly sexual harassment.

Inappropriate or offensive sex- or gender-based conduct in the workplace is specifically prohibited. Sexual harassment is any form of unwelcome conduct of a sexual nature in the workplace that is directed at or adversely affects an individual of either sex. Such prohibited conduct includes:

1. Sexual advances, propositions, or flirtations;

2. Requests or pressure of any kind for sexual favors, activities, or contact;

3. Sexually explicit, graphic, abusive, degrading, intimidating, or offensive language or jokes;

4. Physical contact or touching of a sexual nature, including physical or sexual assault; and

5. Display, circulation, or communication of any sexually suggestive, explicit, graphic, or offensive objects, pictures, or materials of any kind.

Other forms of harassment which are based on race, color, sex, religion, age, disability, pregnancy, ancestry, or national origin are also prohibited and include offensive conduct directed at or adversely affecting an individual. This includes but is not limited to:

a. Either explicitly or implicitly ridiculing, mocking, deriding, or belittling any person, based upon his/her race, color, sex, religion, age, disability, pregnancy, ancestry, or national origin.

b. Making offensive or derogatory comments to any person, either directly or indirectly, based upon his/her race, color, sex, religion, age, disability, pregnancy, ancestry, or national origin.

Violation of this policy will result in disciplinary action up to and including termination of employment. Retaliation against any employee for filing a complaint, reporting harassment, conducting, or participating in an investigation is strictly prohibited.

The County Manager is directed to establish Human Resources Procedures for the reporting and investigation of complaints of discrimination, harassment, violence, or retaliation in employment. All reports of discrimination harassment, violence, or retaliation will be investigated and appropriate action taken if warranted in accordance with the Human Resources Procedures.

This Policy will be distributed to all County employees and to new hires at the initiation of their employment.

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PROCEDURE 106-1
REPORTING AND INVESTIGATING ALLEGATIONS OF HARASSMENT

OVERVIEW

The purpose of this Procedure is to inform employees, supervisors, managers, and Department/Agency Leaders of the manner in which allegations of harassment may be reported and will be investigated.

STANDARDS

All employees should report or relate concerns regarding harassment in the workplace to the Department of Human Resources, or to any supervisor or manager, without regard to the “chain of command” and without fear of retaliation. All complaints and concerns reported under this procedure shall be expeditiously investigated.

No complainant may be required to make any report in writing.

Any employee who believes that another person’s actions or words constitute workplace harassment has a responsibility to report the situation as soon as possible.

PROCEDURE

A. Any employee who believes that he/she has been subjected to harassment may report the incident or occurrence to the Department of Human Resources or to any official, supervisor, or manager without regard to the chain of command. The employee may make the report either verbally or in writing.

B. Any employee who believes that he/she has witnessed an apparent incident or occurrence of harassment in the workplace or arising out of County employment shall immediately report such information to the Department of Human Resources.

C. Any supervisor, manager, department/agency leader, or elected or appointed official, upon receiving a written or oral complaint, allegation or any notice whatsoever of harassment in the workplace, or of retaliation for reporting harassment, shall provide written notice of the complaint, allegation, or notice to the Director of Human Resources within one business day.

1. A supervisor or manager may take immediate action whenever he/she believes it is necessary to protect an employee from any further harassment.

3. Failure to make a written report of an allegation, complaint, or notice is in violation of this procedure and shall subject the supervisor or manager to discipline.

D. The Director of Human Resources, upon receipt of written notice from any source or upon personally receiving an oral or written complaint, allegation, or notice of workplace harassment, will immediately open and maintain a file regarding the matter and notify appropriate legal counsel.

1. The person(s) assigned to conduct the administrative investigation will take statements from the complainant or alleged subject of harassment, those persons accused of improper acts, any witnesses, and any other persons thought to possess relevant information.

3. When a complainant refuses to provide a written statement, the investigator(s) will utilize another method of documenting and preserving the statement.

5. To the fullest extent reasonable, the investigator(s) shall conduct the investigation confidentially.

6. Failure to cooperate with an investigation constitutes misconduct and may result in disciplinary action, up to and including termination of employment.

F. Upon completion of the administrative investigation, the investigator(s) will submit written findings to the Director of Human Resources, who will consult with the Legal Department.

1. Remedial steps to be taken;

2. Training or education;

3. Managerial or supervisory changes;

4. Disciplinary action; and,

5. Referral to the Employee Assistance Program (EAP).

H. The findings and recommendations shall also be presented to the appropriate Department/Agency Leader(s).

K. The Director of Human Resources shall make a final follow-up report to the County Manager.

N. This policy will be distributed to all County employees and all new hires at the initiation of their employment.

O. While the County encourages employees to report any concerns regarding harassment to the County, employees who believe that they have been harassed on the basis of race, color, sex, religion, age, disability, pregnancy, ancestry, or national origin may elect to file a complaint with the Kansas Human Rights Commission (KHRC) or the Equal Employment Opportunity Commission (EEOC).

Cross Reference: Violence-Free Workplace

Productive Work Environment

EEO

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POLICY 107
ETHICS AND BUSINESS CONDUCT

PURPOSE

The purpose of this Policy is to notify employees of the County’s commitment to a high standard of ethics and business conduct and of the County’s Code of Ethics.

POLICY

It is the policy of Johnson County Government that all employees and officials are expected to perform duties at the highest levels of ethical conduct and standards, whether codified or not, and to ensure compliance with the County’s Code of Ethics. The Code of Ethics will be distributed to all County employees and all new hires at the initiation of their employment.

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POLICY 108
UNION-FREE WORKPLACE

PURPOSE

The purpose of this Policy is to advise employees that the County has exercised its legal right to maintain a union-free workplace.

POLICY

It is the policy of the Johnson County Government to strive for excellence in the workplace by engaging in a mutually rewarding and direct relationship with its employees without the intervention of outside groups, such as unions or collective bargaining representatives.

The Board of County Commissioners believes that by working together workplace concerns can be resolved. The Board is convinced that collective bargaining representation of the County workforce is neither necessary nor helpful in serving the best interests of County employees or the citizens of the County.

Therefore, the County has never elected to bring itself under the provisions of the Kansas Public Employer-Employee Relations Act, and has chosen to maintain a direct relationship with its employees without the intercession of labor unions or collective bargaining representatives.

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