Human Resources
Policies and Procedures

Series 400 - Employee Relations

 

TABLE OF CONTENTS

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Policy 401 Personal Appearance of Employees
Procedure 401-1 Personal Appearance and Dress Codes

Policy 402 Behavior of Employees
Procedure 402-1 Behavior of Employees and Prohibited Conduct


Policy 403 Privacy Expectations
Procedure 403-1 Searches and Inspections


Policy 404 Use of County Property
Procedure 404-1 Incidental Use
Procedure 404-2 Use of Vehicles for County Business


Policy 405 Solicitation and Distribution
Procedure 405-1 Permitted Activities and Restrictions


Policy 406 Smoke-Free and Tobacco-Free Workplace
Procedure 406-1 Designated Smoking/Tobacco and Non-Smoking/Non-Tobacco Outdoor Areas


Policy 407 Drug-Free and Alcohol-Free Workplace
Procedure 407-1 Drug and Alcohol Testing Guidelines (Amended 07/17/06)
Procedure 407-2 Security-Sensitive and Safety-Sensitive Positions
Procedure 407-3 Voluntary Admission
Procedure 407-4 Drug and Alcohol-Related Criminal Actions


Policy 408 Violence-Free Workplace
Procedure 408-1 Violence-Free Workplace Guidelines


Policy 409 Weapons-Free Workplace
Procedure 409-1 Weapons-Free Workplace Guidelines


► Policy 410 Corrective Action and Employee Accountability
Procedure 410-1 Assessment of Employee Performance and/or Behavior Issues
Procedure 410-2 Performance Improvement Process
Procedure 410-3 Disciplinary Process


Policy 411 Administrative Leave of Absence
Procedure 411-1 Administrative Leave Guidelines


Policy 412 Judicial Suspension
Procedure 412-1 Judicial Suspension Guidelines


Policy 413 Dispute Resolution
Procedure 413-1 Dispute Resolution Guidelines


Policy 414 Unemployment Benefits
Procedure 414-1 Unemployment Benefits Guidelines


Policy 415 Responsible Use of Information Technology
Procedure 415-1 Responsible Use of Technology Guidelines

POLICY 401
PERSONAL APPEARANCE of employees

PURPOSE

The purpose of this Policy is to notify employees that the County expects all employees to present an appropriate personal appearance in the workplace and while conducting County business.

POLICY

It is the policy of the Johnson County Government that an employee’s dress, grooming, and personal hygiene should be appropriate for his/her position and work environment. County employees are expected at all times to present a professional, business-like image to patrons, associates, and the public and are expected to dress and groom themselves appropriately for their required duties and responsibilities, The County Manager may establish Human Resources Procedures consistent with this Policy.

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PROCEDURE 401-1
PERSONAL APPEARANCE AND DRESS CODES

OVERVIEW

The purpose of this Procedure is to establish standards for appropriate workplace dress and personal appearance and to set the expectation that employees will dress and groom themselves appropriately for their required duties and responsibilities.

STANDARDS

Acceptable personal appearance is an ongoing requirement of employment with the County. Radical departures from conventional dress or personal grooming and hygiene standards, unless otherwise recognized for legitimate reasons, are not permitted.

Office workers and employees who have regular contact with the public are expected to dress in a manner that is normally acceptable in a business environment. Employees generally should not wear jeans, athletic clothing, shorts, T-shirts, novelty buttons, baseball hats, and similar items of casual attire that do not present a businesslike appearance. Attire which is reasonably perceived as sexually suggestive or revealing is not permissible. Hair should be clean, combed, and neatly trimmed or arranged. Shaggy, unkempt hair is not permissible, regardless of length. Facial hair should be neatly kept.

Employees who do not regularly meet the public should follow basic requirements of safety, comfort, and hygiene, but should still be as neat and businesslike as working conditions permit.

Certain employees may be required to meet special grooming, hygiene, and dress standards, Departments/agencies with an appropriate business need may require employees in certain positions to wear uniforms.

At their discretion, departments/agencies may allow employees to dress in a more casual fashion on designated occasions or workdays than is normally required. On these occasions, employees are still expected to present a neat appearance and are not permitted to wear clothing that is inappropriate for the workplace.

Any employee who does not meet these standards will be required to take steps to comply, which may include leaving the workplace to change clothes. Nonexempt employees will not be compensated for any work time missed because of failure to comply with the Policy and this Procedure. Violations also may result in disciplinary action.

Each department/agency may develop appropriate and reasonable dress code and personal appearance rules generally consistent with these standards that will apply to its employees.

PROCEDURES

A. If Department/Agency Leaders adopt a dress code and/or personal appearance rules, the dress code and personal appearance rules must be in writing and provided to employees.

B. In the absence of a separate department/agency dress code and personal appearance rules, employees are expected to comply with the standards established by this Procedure, and Department/Agency Leaders shall be responsible for compliance with these standards.

C. Any disputes or interpretation of this Procedure shall be referred to the Department of Human Resources which will determine if a particular employee’s dress and appearance are appropriate and reasonable.

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POLICY 402
BEHAVIOR OF EMPLOYEES

PURPOSE

The purpose of this Policy is to notify employees that the County expects them to conduct themselves in a positive, productive, and appropriate manner.

POLICY

It is the policy of the Johnson County Government that certain rules and regulations regarding employee behavior are necessary for efficient business operations and for the benefit and safety of all employees. Conduct that interferes with operations, discredits the County, or is offensive to the public or coworkers will not be tolerated. Employees are expected at all times to conduct themselves in a positive and productive manner in order to promote the best interests of the County.

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PROCEDURE 402-1
BEHAVIOR OF EMPLOYEES AND PROHIBITED CONDUCT

OVERVIEW

This Procedure sets forth examples of positive and appropriate workplace behavior and examples of serious employee misconduct that may result in disciplinary action up to and including termination of employment.

STANDARDS

A. Appropriate Employee Conduct

1. Treating all customers, visitors, and coworkers in a courteous manner;

2. Refraining from behavior or conduct that is offensive or undesirable, or which is contrary to the County’s best interests;

3. Reporting to management suspicious, unethical, or illegal conduct by coworkers, customers, or suppliers;

4. Reporting to management any threatening or potentially violent behavior by coworkers;

5. Cooperating with County investigations;

6. Complying with all County safety and security regulations;

7. Wearing clothing appropriate for the work being performed;

8. Performing assigned tasks efficiently and in accord with established quality standards;

9. Reporting to work punctually as scheduled and being at the proper work station, ready for work, at the assigned starting time;

10. Giving proper advance notice whenever unable to work or report on time;

11. Smoking/using tobacco products only at times and in places not prohibited by County Policy or local ordinances; and,

12. Maintaining cleanliness and order in the workplace and work areas.

B. Prohibited Conduct

The following conduct is prohibited and individuals engaged in it will be subject to discipline, up to and including termination of employment:

1. Engaging in or threatening acts of workplace violence, including but not limited to:

a. Unauthorized possession of firearms or other weapons on County property

b. Fighting or assaulting a coworker, guest, or member of the public

c. Threatening or intimidating a coworker, guest, or member of the public

2. Engaging in any form of sexual or other harassment;

3. Becoming involved in a relationship with a client or someone under the employee’s care or custody.

4. Discriminating against another person on the basis of his/her race, color, sex, religion or creed, age, disability, pregnancy, ancestry or national origin, military status or membership, or service in the military;

5. Failure to report violations of County policies and procedures;

6. Failure to fully cooperate in any County employment investigation;

7. Reporting to work under the influence of alcohol, illegal drugs, or narcotics, or using, selling, dispensing, or possessing alcohol, illegal drugs, or narcotics on County premises;

8. Disclosing confidential County information, trade secrets, or medical information in violation of the County’s HIPAA Policy;

9. Falsifying or altering any County record or report, such as an employment application, medical reports, production records, time records, expense accounts, absentee reports, or shipping and receiving records;

10. Stealing, destroying, defacing, or using County property, another employee’s property, or a member of the public’s property for purposes other than intended or permitted;

11. Using County information technology or communications systems, including electronic mail, computers, Internet access, and telephones for purposes other than intended or permitted;

12. Refusing to follow management’s instructions concerning a job-related matter or being insubordinate;

13. Failing to wear assigned safety equipment or failing to abide by safety policies and procedures;

14. Soliciting or distributing in violation of County policies;

15. Smoking or using tobacco products in violation of County policy or where prohibited by local ordinance;

16. Using language in a manner that offends or shocks, is intended to insult, injure or defame, or is recognized as profanity.

17. Sleeping on the job without authorization;

18. Gambling on County property;

19. Engaging in disruptive behavior;

20. Wearing attire or having a personal appearance which is perceived as inappropriate for the workplace;

21. Committing a criminal or illegal act on or off duty;

22. Communicating any false, disparaging, vicious, or malicious statements concerning the County, another person, or other organizations;

23. Failing to immediately report any work-related accident, injury, illness, damage, or threat to any property or person;

24. Engaging in any unethical conduct or in any behavior that creates an actual, potential, or perceived conflict of interest;

25. Knowingly permitting unauthorized persons to be in County facilities or on County premises; and,

26. Photographing, videotaping, or electronically recording any County property, employees, business operations, meetings, or other communications or activities except for public meetings and/or normal documentations of operations without the advance, written consent of the County Manager.

The examples of prohibited behavior described above are not intended to be an all-inclusive list. At the County’s discretion, any violation of the County’s policies or any conduct considered inappropriate or unsatisfactory may subject the employee to disciplinary action, up to and including termination of employment.

The above list of prohibited conduct does not alter the County’s policy of “at will” employment. Either the employee or the County remains free to terminate the employment relationship at any time, with or without cause, and with or without advance notice.

Department/Agency-Specific Standards

A. If any department/agency wishes to adopt additional work rules or misconduct standards to address particular conditions that exist uniquely or peculiarly to that department/agency touching on matters of human resources administration, such standards must be in writing and approved by the Director of Human Resources prior to implementation.

B. Department/agency-specific standards may be used in evaluating employee performance as a part of the performance evaluation process and/or at any other time as a basis for discipline.

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POLICY 403
PRIVACY EXPECTATIONS

PURPOSE

The purpose of this Policy is to notify employees that there is no expectation of privacy related to employees’ use of County property.

POLICY

It is the policy of the Johnson County Government that employees do not have any expectation of or right to privacy in connection with the use of County property, including work areas and work stations. The County may conduct such reasonable searches, inspections, and monitoring of County property as it deems necessary or advisable from time to time, without advance notice and with or without reasonable suspicion, in accordance with Human Resources Procedures established by the County Manager. Therefore, employees do not have, nor should they have, any expectation of or a right to privacy in connection with the use of County property.

Searches and inspections of the employee’s own personal property may be conducted only when there is a reasonable suspicion that the employee is or may be in violation of any significant policy, rule, or law. Such searches and inspections shall be conducted in a manner consistent with Human Resources Procedures established by the County Manager.

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PROCEDURE 403-1
SEARCHES AND INSPECTIONS

OVERVIEW

This Procedure covers the guidelines regarding the County’s searches and inspections of County property and any personal property thereon.

STANDARDS

For the purposes of this Procedure, the term “County property” includes vehicles, workstations, desks, cabinets, boxes, lockers, computer hardware and software and the information stored therein, files, employees’ work product, electronic and digital data and files, voice mail, e-mail, supplies, electronic and other equipment, and any other property owned, leased, or used by the County.

For the purposes of this Procedure, the term “personal property” includes lunchboxes, toolboxes, bags, purses, briefcases, vehicles, and any other property not owned, leased, or used by the County that is brought onto or located on or about County property.

PROCEDURES

A. Searches and inspections of County property for County business purposes may be conducted with or without reasonable suspicion. Such searches and inspections include monitoring of computer, Internet, intranet, e-mail, and voicemail use.

B. Searches and inspections of personal property may be conducted only if reasonable suspicion exists that an employee is or may be in violation of any significant policy, rule, or law. “Reasonable suspicion” is a belief that can be articulated based on objective facts and rational inferences drawn from those facts sufficient to lead a reasonable person to believe that an employee is in violation of a policy, procedure, rule, or law.

C. Prior to conducting any search and/or inspection of personal property the department/agency leader shall notify the Director of Human Resources, who shall determine whether the circumstances warrant the search and the scope of such search. Any such search or inspection and the person(s) conducting the search of personal property must be approved by the Director of Human Resources.

D. The search of personal property shall be reasonably confined to the scope warranted by the circumstances and shall be observed by an additional member of management. The employee who conducts the search shall document the search in writing, including a listing of the items searched, seized or any inappropriate items observed. Absent extraordinary circumstances, employees will be notified any time their personal property is searched.

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POLICY 404
USE OF COUNTY PROPERTY

PURPOSE

The purpose of this Policy is to notify employees that County property is to be used for conducting County business.

POLICY

It is the policy of the Johnson County Government to provide services and equipment necessary to promote the efficient conduct of its business. All property owned, leased, or used by the County is for the express purpose of performing work-related County services. This includes facilities, buildings, equipment, furnishings, vehicles, tools, supplies, electronic systems and equipment (including, without limitation, computers, E-mail, Internet access, telephones, voicemail, fax machines, copy machines, passwords, etc.), hard and soft files, and intellectual property.

Each employee is responsible for properly using, and as necessary, maintaining, County property and for engaging in such work practices as will prevent damage to the property or minimize economic or other losses to the County from the use of such property. No employee or agent of the County may use any such property for personal purposes or for the benefit of any other individual or entity, except:

· if required in the performance of official duties;

· as may be permitted in the County’s Facility Use Policy; and

· for incidental, generally accepted personal use as long as the use does not interfere with the employee’s work or the County’s operations and does not violate any County policies, procedures or rules, and is not otherwise prohibited.

Improper use of County property will result in discipline, up to and including termination of employment. Improper use includes any use other than for the purposes intended or authorized or contrary to this Policy and any misuse that would result in violations of other County policies, procedures or rules, or any harassing, offensive, demeaning, insulting, defaming, intimidating, or sexually suggestive written, recorded, or electronically retrieved or transmitted communications.

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PROCEDURE 404-1
INCIDENTAL USE

OVERVIEW

This Procedure describes acceptable incidental use of County property.

STANDARDS

Use of County property for personal purposes will be restricted and limited to protect County employees and property, and to ensure public accountability. Incidental use of County property is permissible so long as such use is occasional, is generally acceptable, and at no or minimal expense to the County; provided that, employees may only use portable communication devices, County-owned or leased motor vehicles, and like items classified as taxable fringe benefits pursuant to and consistent with Human Resource Policy 515: Taxable Fringe Benefits, Allowances, and Reimbursements, and its accompanying procedures.

Examples of generally accepted incidental uses would include brief and infrequent use of County land-line or VOIP telephones for local personal telephone calls, use of e-mail on appropriate matters (provided that broadcast and excessive group e-mails are not used), and use of the Internet which is not otherwise restricted or prohibited.

PROCEDURES

A. Each department/agency may establish additional rules for incidental, personal use of County property, in accordance with County Policy. If Department/Agency Leaders adopt additional rules with regard to incidental, personal use of County property, such rules must be in writing and provided to employees.

B. Employees’ uses of portable communication devices, County-owned or leased motor vehicles, and like items classified as taxable fringe benefits shall be classified, recorded, and taxed as provided by state and federal law, and as described in Human Resource Policy 515: Taxable Fringe Benefits, Allowances, and Reimbursements, and its accompanying procedures.

C. In the absence of separate department/agency rules for the incidental, personal use of County property, employees are expected to comply with the standards established by this Procedure, and Department/Agency Leaders shall be responsible for compliance with these standards.

D. Any disputes or interpretation of this Procedure shall be referred to the Department of Human Resources for resolution.

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PROCEDURE 404-2
USE OF VEHICLES FOR COUNTY BUSINESS

OVERVIEW

This Procedure, in conjunction with Human Resource Policy 515: Taxable Fringe Benefits, Allowances, and Reimbursements, and its accompanying procedures, covers the County’s guidelines for using vehicles for County business.

STANDARDS

Any employee who operates a County-owned or County-leased vehicle for any purpose or uses, with authority, a privately-owned vehicle for County work-related purposes must:

1. Be fully qualified to operate the specific vehicle;

2. Be 18 years of age or older unless specifically authorized by a Department/Agency Leader;

3. Possess a valid driver’s license for the type of vehicle being driven;

4. Operate the vehicle only as authorized;

5. Comply with all traffic laws, rules, and regulations;

6. Exercise due care and diligence in operation of the vehicle;

7. Not permit any unauthorized person to operate or ride in the vehicle;

8. Keep or cause the vehicle to be adequately maintained and insured;

9. Not operate the vehicle when under the influence of alcohol, any controlled substance, or any prescription, or over-the-counter medication that may impair operating ability;

10. Not operate the vehicle when afflicted with any physical or mental condition or limitation that may affect the ability to operate the vehicle in a safe and prudent manner;

11. Promptly notify appropriate persons of any accident, maintenance problem, or other problem with the vehicle;

12. Wear a seatbelt; and,

13. Refrain from eating, drinking, writing, using a mobile phone, changing radio stations, or any other activity that may cause distraction or result in unsafe operation of the vehicle, while driving.

14. Not operate a motor pool or fleet vehicle for personal purposes other than de minimus use, unless the vehicle has been classified a qualified nonpersonal-use vehicle.

PROCEDURES

A. Employees must possess express authority to operate County owned or leased vehicles or privately owned vehicles on County business. Employees must provide a copy of a valid driver’s license, obtain any required qualifications for operating the vehicle, and maintain their license in good standing to operate the vehicle on behalf of the County.

B. Employees who operate County owned or leased vehicles or privately owned vehicles on County business are required to notify Department/Agency Leaders of any change in the status of their driver’s license.

C. Department/Agency Leaders, in concert with Risk Management, will annually review and check the motor vehicle records of employees who operate County vehicles and will verify that those employees have a current, valid, and appropriate driver’s license.

D. County employees will request and make arrangements through their appropriate Department/Agency Leaders for the use of County vehicles in accordance with Department/Agency Rules.

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POLICY 405
SOLICITATION AND DISTRIBUTION

PURPOSE

The purpose of this Policy is to ensure that the County maintains a working environment that is free of the disruption and interference that can be created by excessive or inappropriate solicitation and distribution of materials for non-County purposes.

POLICY

It is the policy of the Johnson County Government to prohibit solicitation and distribution of any kind on its premises by non-employees and to prohibit commercial solicitation and distribution by employees. It is the policy of the County to permit solicitation and distribution by employees only as appropriate for conducting County business. Limited solicitation and distribution by employees in the workplace may be allowed for purposes related to programs sponsored by community service or charitable agencies under standards and Human Resources Procedures adopted by the County Manager. Any limited solicitation and distribution allowable under this Policy shall not interfere with normal operations, reduce employee efficiency, annoy members of the public, or pose a threat to security.

The County may designate certain community service or charitable agencies as community partners and has designated Feed the Need and the United Way as community partners. Subject to Department/Agency Leaders approval, employees may solicit contributions, distribute literature or materials related to the community partners’ operation, or organize fund-raising drives or events directed primarily for employee participation for or on behalf of such agencies in a reasonable manner. While employees are encouraged to assist in these drives, their participation is entirely optional.

The County Manager shall adopt Human Resources Procedures establishing further guidelines regulating solicitation and distribution and participation in community partner events.

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PROCEDURE 405-1
PERMITTED ACTIVITIES AND RESTRICTIONS

OVERVIEW

The purpose of this Procedure is to set forth guidelines regulating the limited solicitation and distribution activities that will be permitted by the County.

STANDARDS

For purposes of this Procedure, the term “County business” means the provision of services to the public and the conducting of ordinary business transactions and activities related thereto. The term “County business” includes those organizations designated as community partners, such as Feed the Need and the United Way. The County may authorize a limited number of fund drives by employees on behalf of community service or charitable agencies, or for employee gifts. The distribution of material and solicitation relating to “for profit” businesses is not permitted during working time.

In determining whether to permit distribution of material and solicitation by County employees, the County will consider: (a) amount of potential disruption, distraction, and interference with County business; (b) potential housekeeping and appearance issues; (c) time involved both in distributing/soliciting and in supervisory monitoring of the activities; (d) potential benefit or detriment to the County; (e) relationship to County business; (f) method of distribution; (g) effect on efficiency and productivity; (h) extent, scope, and frequency of the activities; (i) effect on employee morale; (j) annoyance to members of the public; or (k) if they pose a threat to security or safety.

Employees who wish to conduct solicitation or distribution of materials to other employees within their own department/agency for the purposes allowed by this Procedure must request permission to do so from their Department/Agency Leader. Department/Agency Leaders may impose such reasonable time, place, and manner restrictions as they deem appropriate or necessary to ensure that the activity does not interfere with normal operations, reduce employee efficiency, annoy members of the public, or pose a threat to security. The Director of Human Resources has the authority to intervene in, prohibit, or restrict any distribution or solicitation if he/she believes that it is not acceptable under this Policy and Procedure.

Employees may not solicit or distribute materials to other employees outside their own department/agency.

Employees who supervise the work of other employees should not solicit or distribute materials related to non-County business to those employees to prevent misunderstandings or perceived conflicts of interest.

The Director of Human Resources is responsible for administering this Procedure and enforcing its provisions. Employees will be subject to disciplinary action for violating the Solicitation and Distribution Policy or this Procedure.

PROCEDURES

A. Distribution and Solicitation by Non-Employees.

Individuals not employed by the County or associated with a designated community partner are prohibited from soliciting funds or signatures, conducting membership drives, distributing literature or gifts, offering to sell merchandise or services (except by representatives of suppliers present on County premises at the request of the County), or engaging in any other solicitation, distribution, or similar activity on County premises except with the advance written approval of the County Manager.

B. Distribution and Solicitation by Employees

1. Employees may engage in solicitation and distribution to conduct County business to other employees within their own department/agency. Employees may engage in solicitation and distribution to other employees outside their department/agency as is necessary to carry out the duties of their position.

2. Subject to department/agency approval, employees may solicit contributions, distribute literature or materials related to the community partners’ operation, or organize fund-raising drives or events directed primarily for employee participation for or on behalf of such community partners in a reasonable manner.

3. Subject to department/agency approval, employees may solicit contributions, distribute literature or materials on behalf of community service or charitable agencies, or for employee gifts within their department/agency in a reasonable manner.

4. Distribution of literature or solicitation of employees for non-County purposes is prohibited during working time. The term “working time” does not include an employee’s authorized meals, breaks, or before or after scheduled work hours.

5. Bulletin boards and display areas reserved or designated for County use are to be used for County business only. At the discretion of Department/Agency Leaders, other internal bulletin boards and display areas may be designated for personal use provided that any such materials do not violate any County policy, procedure, or rule and are consistent with established business norms and good judgment. The use of County e-mail for the distribution of literature or solicitation of employees for non-County purposes is prohibited.

6. Employees may not use County facilities, resources, or supplies to promote or solicit participation in illegal or gambling activities, including but not limited to wagers, bets, or pools.

7. All employees are expected to comply with the County’s Facility Use Policy, which will govern in the event of a conflict between this Solicitation and Distribution Policy and Procedures and said Facility Use Policy.

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POLICY 406
SMOKE-FREE AND TOBACCO-FREE WORKPLACE

PURPOSE

The purpose of this Policy is to notify employees of the County’s commitment to a smoke-free and tobacco-free work environment.

POLICY

It is the policy of the Johnson County Government to prohibit smoking and the use of any tobacco products within any building or property owned or leased by the County and within any other facility or property used or occupied by the County for the conduct of County business. It is also the policy of Johnson County Government to prohibit smoking and the use of any tobacco products in any vehicle leased or owned by the County or other vehicles while being used for County business purposes to transport County employees or consumers of County services. It is the policy of the County to comply with all applicable federal, state, and local regulations regarding smoking in the workplace and to provide a work environment that promotes productivity and the well being of its employees.

Smoking and the use of tobacco products are prohibited inside all County facilities except for areas where it is specifically authorized. Smoking and the use of tobacco products are also prohibited outdoors in areas that are designated as non-smoking areas by the County Manager. This policy applies to visitors as well as employees while on the County’s premises.

Employees are expected to exercise common courtesy and to respect the needs and sensitivities of coworkers with regard to this policy. Smokers and users of tobacco products have a special obligation to keep smoking areas litter-free and not to abuse break and work rules. Employees who violate this policy will be subject to disciplinary action.

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PROCEDURE 406-1
DESIGNATED SMOKING/TOBACCO AND NON-SMOKING/NON-TOBACCO OUTDOOR AREAS

OVERVIEW

This Procedure covers the County’s process for establishing designated non-smoking/non-tobacco outdoor areas.

STANDARDS

Smoking/tobacco use is prohibited in County buildings. The County permits smoking/tobacco use in outdoor areas of County property, except that the County Manager may designate one or more entrances, or areas at or around an entrance, of any County building as non-smoking/non-tobacco areas.

PROCEDURES

A. To designate a non-smoking/non-tobacco area, the County Manager shall issue a memorandum directing the Director of Facilities to post a specific area as non-smoking/non-tobacco in such a manner to give sufficient notice to employees and the public

B. The County Manager may designate County-sponsored events or meetings as non-smoking/non-tobacco for employees regardless of where such events or meetings are located or held.

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POLICY 407
DRUG-FREE and alcohol-free WORKPLACE

PURPOSE

The purpose of this Policy is to notify employees of the County’s commitment to protecting the safety, health, and well being of all employees and the public by maintaining a drug-free and alcohol-free workplace.

POLICY

It is the policy of the County to provide and maintain a drug-free and alcohol-free workplace. A drug-free workplace program has been established that balances respect for individuals with the need to maintain an alcohol-free and drug-free environment.

The County recognizes that employee involvement with alcohol and other drugs can be very disruptive, adversely affect the quality of work and performance of employees, pose serious health and safety risks to users and others, and have a negative impact on productivity and morale. Employees whose drug or alcohol use impacts the workplace will be subject to disciplinary action up to and including termination of employment and/or may be offered an opportunity to participate in rehabilitation subject to a return-to-work agreement. Johnson County Government encourages employees to voluntarily seek help with drug and alcohol problems.

Employees are expected to report ready to work in a condition that enables them to properly perform the functions of their positions. If an employee’s ability to perform his/her job duties is impaired, whether from the use of alcohol, illicit drugs, prescribed medications or over-the-counter medicines, he/she should immediately notify his/her supervisor of the impairment.

Employees who serve in safety-sensitive or security-sensitive positions must be particularly vigilant with regard to the effects of alcohol or drug use. Employees in those positions must also be aware of the effects of prescription or over-the-counter medications on their ability to safely perform their job duties. Any employee in a safety-sensitive or security-sensitive position is required to advise his/her supervisor if he/she is taking any over-the-counter medication or medication prescribed by a health care provider that may impair his/her ability to safely and effectively perform assigned duties.

It is the policy of the Johnson County Government to comply with the federal requirements for the testing of employees who are required to maintain a commercial driver’s license (CDL). The minimum sanctions in this Policy and federal law shall not lessen the County’s ability to impose greater sanctions, up to and including termination of employment under the County’s disciplinary policies. The County shall comply with all provisions of the Department of Transportation’s CDL requirements including, but not limited to, the drug and alcohol testing requirements mandated by the Department of Transportation

Applicability

This Policy applies to any individual who conducts business for the County, is applying for a position, or is conducting business on County property. The Drug-Free and Alcohol-Free Workplace Policy is intended to apply whenever anyone is representing or conducting business for the County. Therefore, this Policy applies during all working hours, whenever conducting business or representing the County, while on call, paid standby, while on County property, and at County-sponsored events.

Prohibited Behavior

It is a violation of this Policy to use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs, intoxicants, or drug paraphernalia in the workplace, including prescription drugs prescribed for another individual. It shall also be a violation of this Policy to work or report to work while under the influence of illegal drugs or alcohol, regardless of where consumed. If an employee violates the policy, he/she will be subject to disciplinary action, up to and including termination of employment, and/or may be required to enter rehabilitation or seek treatment. An employee required to enter rehabilitation and fails to successfully complete rehabilitation or treatment or repeatedly violates this Policy will be terminated from employment. Nothing in this policy prohibits the employee from being disciplined or discharged for a first violation of this Policy or for other violations and/or performance problems.

Notification of Convictions

Any employee who is convicted of a criminal drug violation must notify the County in writing within five (5) calendar days of the conviction. The County will take action as appropriate under the circumstances and as required by the Drug-Free Workplace Act within thirty (30) calendar days of notification. Departments/agencies which have been awarded federal grants or contracts shall notify the appropriate contracting agencies as required by law. The County Manager shall develop Human Resources Procedures establishing the manner and process for employees to report all criminal drug convictions or other alcohol or drug-related charges.

Drug and Alcohol Testing

Each employee, as a condition of employment, will be required to participate in drug and/or alcohol testing after an accident on the job or while operating a vehicle owned or leased by the County. The County shall conduct additional drug and/or alcohol tests if required by law. In addition, public safety departments/agencies may develop pre-employment testing procedures subject to the approval of the County Manager. Any applicant who violates the Drug-Free and Alcohol-Free Workplace Policy will have his/her offer of employment withdrawn. The County Manager shall develop Human Resources Procedures setting forth the standards and processes for such drug testing consistent with this Policy.

All drug and/or alcohol information will be maintained in separate confidential records. Samples used for testing will be used solely for the purpose of drug and/or alcohol testing. No other tests shall be conducted or permitted. Samples shall be destroyed or retained in a manner consistent with all applicable federal, state and local laws, and administrative regulations and industry standards.

In the event of a conflict between this Policy (and its Procedures) and any other policies or procedures that cover transportation employees who are subject to the U.S. Department of Transportation (DOT) drug and alcohol regulations, DOT regulations take precedence. The County may then apply this Policy based on the same facts and circumstances.

Return-to-Work Agreements

Following a violation of this Policy, an employee may be required to participate in a rehabilitation program as a condition of continuing employment. In such cases, the employee must sign and abide by the terms set forth in a Return-to-Work Agreement.

Assistance

The County recognizes that alcohol and drug abuse and addiction are treatable illnesses. One of the goals of this Policy is to encourage employees to voluntarily seek help with alcohol and/or drug problems. Early intervention and support improve the success of rehabilitation. To support County employees, the County encourages employees to seek help if they are concerned that they or their family members may have drug and/or alcohol problems through the Employee Assistance Program (EAP) and allows the use of accrued paid leave while seeking treatment for alcohol and other drug problems. Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee.

Confidentiality

All information received by the County in the process of administering the terms and provisions of this Policy shall be considered confidential communications. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and County policies.

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PROCEDURE 407-1
DRUG AND ALCOHOL TESTING GUIDELINES

OVERVIEW

This Procedure sets forth the standards and processes for the County’s drug and/or alcohol testing of employees involved in work-related motor vehicle accidents or based upon reasonable suspicion of violation of the County’s Drug-Free and Alcohol-Free Workplace Policy.

STANDARDS

Reasonable Suspicion

The County may take such action as it deems appropriate or necessary whenever it has reasonable suspicion that an employee may be in violation of the County’s Drug-Free and Alcohol-Free Workplace Policy, including relieving an employee from duty and requiring the employee to submit to drug and/or alcohol testing.

"Reasonable suspicion" is a belief that can be articulated based on objective facts sufficient to lead a reasonable person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or that the employee’s ability to perform his/her job safely is reduced.

Factors that the County may consider in determining “reasonable suspicion” include without limitation:

1. Performance signs (e.g. abnormal, unusual, impaired, or erratic performance; frequent trips away from work area; poor attention to detail; accident-prone behavior; unreasonable conflicts with others; excessive absences or extended meal/break periods; etc.);

2. Appearance or behavioral signs (e.g. difficulty walking and standing; slow, slurred, or loud speech; fighting or hostility; fumbling or nervous movements; blood shot, watery or dilated eyes; flushed, pale or sweaty face; messy or dirty appearance; abnormal, unusual, impaired, or erratic behavior);

3. Physical evidence or observation of drug/alcohol use, possession, transfer, or sale;

4. Information provided by one or more credible or reliable witnesses; work-related accidents, dangerous behavior, or near misses the cause for which is unknown or cannot be reasonably explained;

5. Admission by the employee when confronted, or in conjunction with or after the County has identified that a drug or alcohol issue may exist, or as an explanation for inappropriate behavior or unacceptable performance; and,

Any other factors which would reasonably indicate the use, possession, transfer, sale, or influence of drugs or alcohol.

Post-accident Testing

The County may require that an employee submit to drug and/or alcohol testing following a work-related motor vehicle accident.

Testing Procedures

To ensure the accuracy and fairness of the County’s testing program, all drug testing will be conducted according to DHHS/SAMHSA guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician’s prescription, for the positive result; and a documented chain of custody. All alcohol testing will be conducted in a manner consistent with the guidelines for alcohol testing issued by the Kansas Department of Health and Environment or by the Department of Transportation.

Testing for the presence of alcohol may be conducted by analysis of breath and/or blood. Testing for the presence of the metabolites of drugs may be conducted by the analysis of urine, blood, and/or hair samples.

Positive Tests

Any employee who tests positive will be removed from duty and will be subject to disciplinary action, up to and including termination of employment. In addition to or in the alternative, an employee who tests positive may be referred to a substance abuse professional for assessment and recommendations, required to successfully complete recommended rehabilitation or treatment, required to pass a Return-to-Duty test and sign a Return-to-Work Agreement, and terminated from employment immediately if he/she tests positive a second time or violates the Return-to-Work Agreement.

Any applicant who violates the Drug-Free and Alcohol-Free Workplace Policy will have his/her offer of employment withdrawn.

An employee will be subject to the same consequences of a positive test if he/she refuses to complete the screening test or refuses to cooperate in the testing process in such a way that prevents completion of the test, including a retest for negative dilute tests.

PROCEDURES

A. Determination of Reasonable Suspicion

1. It is the responsibility of each employee to notify his/her Department/Agency Leader if he/she reasonably believes that an employee may be under the influence of alcohol and/or drugs or otherwise in violation of this Drug-Free and Alcohol-Free Workplace Policy.

2. If a supervisor reasonably believes that an employee may be under the influence of alcohol and/or drugs or otherwise in violation of this Drug-Free and Alcohol-Free Workplace Policy, he/she should require the employee to remain on the job site but cease working. The Department/Agency Leader is to then immediately contact the Department of Human Resources.

3. If reasonable suspicion exists, the Director of Human Resources, in consultation with the Legal Department and department/agency leader, when practical, may require the employee submit to drug and/or alcohol testing. In addition or in the alternative, the Director of Human Resources or department/agency leaders may remove the employee from the worksite, issue discipline, and take other reasonable steps to remedy the situation and prevent disruption to or dangerous conditions in the workplace.

B. Post-Accident Testing

1. If an employee is involved in a work-related motor vehicle accident, the first priority will always be the health and safety of the employee and any other persons involved in the accident. All other considerations shall be secondary.

2. The employee’s supervisor or the employee who responds on behalf of the department/agency to the accident shall immediately notify the Department/Agency Leader, Risk Management, and the Department of Human Resources of the circumstances related to the accident.

3. Risk Management in consultation with the Legal Department and the Department of Human Resources, when advisable, shall direct testing appropriate to the circumstances of the accident.

C. Public Safety Position Pre-employment Screening

1. The County recognizes the extraordinary responsibility to the public borne by departments/agencies that provide public safety services. Departments/agencies that perform public safety functions may develop a program for post-offer, pre-employment drug screening.

2. Any such program shall comply with all applicable state and federal laws and regulations.

3. Prior to implementation, any such program shall be reviewed and approved by the Legal Department and then submitted to the County Manager for review and approval.

(Procedure 407-1 Amended 08/07/06)

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PROCEDURE 407-2
SECURITY-SENSITIVE AND SAFETY-SENSITIVE POSITIONS

OVERVIEW

This Procedure sets forth the County’s process for employees in security-sensitive and safety-sensitive positions to notify their supervisors of the use of any drug or medication which may impair their ability to safely and effectively perform the duties of their position.

STANDARDS

Public employees who serve in safety-sensitive and security-sensitive positions possess great authority and responsibility. These employees must be particularly vigilant to the effects of drug and/or alcohol use and must also be acutely aware of the effects of prescription and over-the-counter medications. Employees who serve in safety-sensitive and security-sensitive positions have a duty to ensure that they are aware of the effects of any medication that they are taking and that the medication will not impair their ability to safely and effectively carry out the functions of their position.

Any employee in a safety-sensitive or security-sensitive position is required to advise his/her supervisor if he/she is taking any drug, prescription medication, or over-the-counter medication, regardless of whether prescribed by a health care provider, that may impair his/her ability to safely and effectively perform assigned duties.

PROCEDURES

A. Prior to performing any safety-sensitive or security-sensitive duties, an employee who is using any prescription, over-the-counter medication, or other drug that may impair his/her ability to perform such duties will provide a certificate from his/her health care provider indicating that the use of the medication will not impair the employee’s ability to safely or effectively perform his/her assigned duties. The employee may be reassigned to non-safety sensitive or non-security sensitive duties if warranted by the information provided by the health care provider, prior to producing such a certificate, or if there is an impairment of performance – provided the employee has disclosed the use of such medication.

B. Any information provided by an employee pursuant to this Procedure shall be confidential. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and County policies.

C. Employees who serve in safety-sensitive or security-sensitive positions and who fail to provide notice of possible impairment as required by this Procedure may be subject to disciplinary action, up to and including termination of employment.

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PROCEDURE 407-3
VOLUNTARY ADMISSION

OVERVIEW

This Procedure covers the County’s process for handling voluntary admissions of a drug and/or alcohol problem.

STANDARDS

The County recognizes that alcohol and/or drug abuse and addiction are treatable illnesses. The County encourages employees to voluntarily seek help with alcohol and/or drug problems. Early intervention and support improve the success of treatment and rehabilitation.

The County will work with and assist any employee who voluntarily admits that he/she may have a drug and/or alcohol problem and needs professional assistance. For the purposes of this Procedure, the term “voluntarily” means that the employee makes the disclosure or admission before reasonable suspicion exists and before the County has any reason to believe that the employee is or may be in violation of this Policy.

PROCEDURES

A. An employee who voluntarily admits that he/she may have a drug or alcohol problem will be granted a leave of absence, and may use accrued paid leave when appropriate, to seek professional assistance..

B. The County offers all employees, and their family members, assistance with alcohol and/or drug problems through the Employee Assistance Program (EAP).

C. Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee.

D. An employee who voluntarily admits that he/she has a drug and/or alcohol problem and seeks treatment may return to work upon verification that he/she has received an evaluation by a Substance Abuse Professional, has successfully completed all recommendations of the Substance Abuse Professional (including, without limitation, any recommended treatment and rehabilitation), and has successfully passed a return to duty drug/alcohol test. The employee may be subject to such follow-up testing as is recommended by the Substance Abuse Professional.

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PROCEDURE 407-4
DRUG AND ALCOHOL-RELATED CRIMINAL ACTIONS

OVERVIEW

This Procedure covers the County’s rules regarding drug-related and/or alcohol-related criminal violations.

STANDARDS

An employee is required to immediately report:

1. If he/she is charged with or issued a citation for driving under the influence either:

a. while driving a County-owned or County-leased vehicle, while driving any other vehicle while on County business or during working hours; or

b. at any time, if operating a motor vehicle is a requirement of the employee’s position or the employee operates a vehicle owned or leased by the County;

2. If he/she is charged with a crime or criminal offense involving the unlawful manufacturing, distribution, dispensation, possession, or use of a controlled substance; or

3. If she/he is convicted of any drug-related criminal violation, regardless of the location or circumstances of the violation.

PROCEDURES

A. Reports required by this Procedure shall be made to the employee’s immediate supervisor who will immediately notify the Department/Agency Leadership.

B. The Department/Agency Leadership will immediately notify the Director of Human Resources of the report.

C. The Director of Human Resources will consult with the Legal Department and Department/Agency Leaders to determine whether the County needs to report the charge or conviction to any applicable federal grant-making agency.

D. In the case of a criminal charge, Department/Agency Leaders, in consultation with the Department of Human Resources and the Legal Department, shall determine whether it is appropriate for the employee to continue working while the charge is pending.

E. Department/Agency Leaders, in consultation with the Department of Human Resources and the Legal Department, shall determine whether an employee’s conviction is inconsistent with continued employment or whether other action is appropriate. Such action may include disciplinary action and/or referral to a substance abuse professional for assessment and recommendations, successful completion of recommended rehabilitation or treatment, or requiring the employee to enter into a Return-to-Work Agreement.

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POLICY 408
VIOLENCE-FREE WORKPLACE

PURPOSE

The purpose of this Policy is to inform employees of the County’s commitment to provide a workplace free from violent, threatening, intimidating, or disruptive behavior.

POLICY

It is the policy of the Johnson County Government not to tolerate, condone, or permit, threatening, intimidating, or disruptive behavior by employees, volunteers, non-employees who conduct business with the County, or members of the public. The County will take reasonable measures to provide a workplace that is free from acts or threats of violence.

Violence, harassment, or disruptive behavior directed against others is strictly prohibited and constitutes serious employee misconduct. The County will take direct and immediate action to prevent such behavior, and to remedy all reported instances of such inappropriate behavior. Violation of this Policy will result in disciplinary action up to and including termination of employment.

If the County believes that the behavior in question may also be criminal in nature, the County may refer the matter to the appropriate law enforcement authorities in addition to taking such disciplinary or other action as the County deems to be appropriate or advisable.

The County Manager is directed to establish Human Resources Procedures for the reporting and investigation of complaints of violent, threatening, intimidating, or disruptive behavior in the workplace.

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PROCEDURE 408-1
VIOLENCE-FREE WORKPLACE guidelines

OVERVIEW

This Procedure establishes the County’s process for reporting and investigating allegations of violence in the workplace and provides examples of prohibited behavior.

STANDARDS

Violent, threatening, intimidating, or disruptive behavior directed against others is strictly prohibited and constitutes serious employee misconduct. Examples of such unacceptable behavior include, but are not limited to:

1. Physical assault;

2. Threats of violence, whether verbal or demonstrative;

3. Obsessively or intensely directed behavior focused on another person which could reasonably be perceived as threatening, harassing, or menacing;

4. Destroying or threatening to destroy property;

5. Making statements about others which are false, malicious, disparaging, derogatory, or abusive;

6. Inappropriate physical contact;

7. Destroying, damaging, incapacitating, or contaminating property, equipment, or data which could cause injury, illness, or death, or interfere with the normal operation of the County;

8. Intimidating or harassing others;

9. Fighting, stalking, or any unlawful violent act;

10. Possessing firearms or other weapons on County property in violation of the Weapons-Free Workplace Policy.

All employees have a responsibility to keep the workplace free of violence, harassment, intimidation, or other disruptive behavior. Employees who engage in such behavior are to be relieved of duty and removed from the workplace immediately.

PROCEDURES

Any employee who witnesses an act of workplace violence or 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, is required to immediately report the matter to the Director of Human Resources or any supervisor or manager of his/her choice without regard to the chain of command.

Any supervisor, manager, department/agency head or official, whether elected or appointed, upon receiving a written or oral complaint, allegation, or any notice whatsoever, of violence in the workplace, shall immediately notify the Director of Human Resources and shall take immediate action to address any imminent threat. Employees should activate facility security measures without prior notification to the Director of Human Resources if they believe the situation poses imminent danger.

Any allegation of violence by an employee, volunteer, or vendor in the workplace that requires administrative investigation to resolve shall be investigated in the same manner as a complaint of harassment or discrimination in the workplace.

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.

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 to determine the appropriate action to be taken.

To the fullest extent reasonable, the investigator(s) shall conduct the investigations confidentially. Retaliation against any employee for filing a complaint, reporting harassment, conducting or participating in an investigation is strictly prohibited.

Violation of this Policy or Procedure will result in disciplinary action up to and including termination of employment.

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POLICY 409
WEAPONS-FREE WORKPLACE

PURPOSE

The purpose of this Policy is to inform employees of the County’s commitment to provide a workplace free from the danger and threat of weapons.

POLICY

It is the policy of the Johnson County Government to prohibit the possession, storage, keeping, use, or transportation of weapons in the workplace, at County-sponsored functions, in or on County property, or in County vehicles. The County adopts this Policy in recognition of the danger presented to the health, safety, and welfare of employees and members of the public by the introduction of weapons into the workplace, particularly in light of the ongoing threat of terrorism. All persons, other than those specifically exempted in this Policy, are prohibited from carrying, possessing, using, or transporting weapons in or on County property or while performing services for the County in any location or in any County vehicle. Certified law enforcement officers, Federal law enforcement and protective service personnel, members of the Uniformed Services actively engaged in the performance of their duties, Sheriff’s Deputies, security guards licensed to carry firearms who are actually performing such services, and private detectives licensed by the State of Kansas are specifically exempted from this Policy.

The term “weapons” includes, without limitation, firearms of all types and sizes, whether loaded or not; air guns, BB-guns, pellet guns, and the like; simulated weapons; knives, swords, switchblades, razors, and the like – other than small pocket knives, utility knives, and the like with a blade of less than three inches in length; clubs, bludgeons, batons, bats, and the like; incendiary or explosive devices of any sort whatsoever; martial arts weapons, including num-chuks, throwing stars, and the like; and any item carried with the intent to go armed, or used to threaten or intimidate another. The term “weapons” shall not include the lawful possession of personal security devices, intended for use by members of the general public, including without limitation, pepper spray, mace, and such other personal defense sprays.

The County Manager shall take such steps as are necessary to fully implement this Policy. The County Manager is authorized to implement Human Resources Procedures to further the goals and objectives of this Policy. To that end, the County Manager may include other items within the definition of weapons and post any notices he/she deems appropriate consistent with the intent of this Policy.

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PROCEDURE 409-1
WEAPONS-FREE WORKPLACE guidelines

OVERVIEW

This Procedure is to set forth guidelines for administration and enforcement of the Weapons-Free Workplace Policy and for reporting potential threats of violence.

STANDARDS

The County Manager may direct the posting of signs prohibiting weapons on County-owned or leased facilities or property at his/her discretion consistent with intent of this Policy.

PROCEDURES

Any employee who believes in good faith that any person is in possession of a weapon in violation of this Policy or otherwise poses an imminent threat is required, when it can be done safely, to immediately activate security measures for his/her department/agency. Employees should then notify any available supervisor or manager. Employees are advised to activate facility security measures if they believe the situation poses imminent danger.

Any employee who believes in good faith that a co-worker, supervisor, manager, or elected or appointed official is in possession of a weapon in violation of this Policy is required to report the matter as soon as possible to the Director of Human Resources or any supervisor or manager without regard to the chain of command.

Any supervisor, manager, department/agency head or official, whether elected or appointed, upon receiving a written or oral complaint, allegation, or any notice whatsoever of an alleged violation of this Policy by an employee, shall immediately notify the Director of Human Resources. Any search of an employee or his/her personal possessions, other than by law enforcement, shall be conducted consistent with the Privacy Expectations Policy and Procedures. If any weapon is discovered in the course of a search, the weapon shall be secured, confiscated and turned over to appropriate authorities.

The first objective with regard to any weapon in the workplace is to immediately and safely resolve any imminent threat and to responsibly confiscate and secure any weapon discovered in the workplace. All employees should be familiar with facility security measures. Facility security measures should be activated if the situation possesses an immediate threat or if any individual is believed to be in possession of a firearm or other obvious dangerous weapon.

After any imminent threat has been resolved, or in circumstances where a violation is reported with no imminent threat, it shall be the responsibility of the Department of Human Resources to determine who will investigate the matter and to ensure that the report is immediately investigated. The manager or director investigating the report shall immediately confront the employee alleged to have violated the policy; shall interview other employees when necessary; and shall take other necessary steps to ensure that any weapons are confiscated or removed from the workplace and that the policy is enforced. To the fullest extent reasonable, the investigator(s) shall conduct the investigations confidentially.

Retaliation against any employee for reporting a violation of this Policy or participating in an investigation is strictly prohibited.

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POLICY 410
CORRECTIVE ACTION AND EMPLOYEE ACCOUNTABILITY

PURPOSE

The purposes of this Policy are to emphasize that County employees will be held accountable for both their performance and their conduct in the workplace and to identify corrective actions which the County may use when an employee’s performance or conduct does not meet established standards.

POLICY

It is the policy of the County that all employees, in the performance of their job responsibilities, are expected to achieve established performance standards, and that, whenever those standards are not achieved, the employee will be held accountable. The County will exercise appropriate corrective actions to ensure performance improvement and/or proper accountability.

It is also the policy of the County that all employees are responsible for their own behavior in the workplace and that they will conduct themselves in a manner which complies with established standards of conduct for their jobs and the expectations of the County. Whenever employee conduct does not meet the established standard or expectation, the employee will be held accountable, and the County will exercise appropriate corrective action to ensure accountability.

The County prefers to structure performance improvement and/or disciplinary action in a manner which provides the employee with a productive opportunity to improve performance or to correct the behavior. However, it is the policy of the County to assess both performance issues and conduct problems based upon degrees of tolerance and severity. The County retains the right to impose discipline or take whatever corrective actions may be considered best for the County, including termination of employment.

It is the policy of the County that corrective actions, whether taken for performance improvement or to correct misconduct, be administered in a fair and nondiscriminatory manner consistent with the policies of the Board and procedures established by the County Manager.

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PROCEDURE 410-1
ASSESSMENT OF EMPLOYEE PERFORMANCE AND/OR BEHAVIOR ISSUES

OVERVIEW

This Procedure establishes a process through which the County may identify and assess issues of employee work performance or workplace behavior which does not meet or comply with the established standards of the County.

STANDARDS

All County employees are expected to (1) perform their job duties in a manner that meets the performance standards established by the County; and (2) behave, in the workplace, in a manner that complies with standards of conduct prescribed or reasonably expected by the County. When an employee’s performance or conduct does not meet or comply with those expectations, then the employee’s actions should be reviewed, and when appropriate, the employee should be held accountable through a corrective action process.

Employee issues that require corrective action generally can be classified as either a performance improvement issue or a behavior issue. Department/Agency Leaders are encouraged to consult with the Department of Human Resources to best classify any employment issue. Appropriately classifying the issue is an important first step and will enable Department/Agency Leadership and the Department of Human Resources to more effectively determine an appropriate course of corrective action.

Performance issues are different from behavior issues and should be addressed, generally, in a different manner for corrective action. Therefore, when an employee is not meeting expectations, the manager or supervisor should determine if the problem is a performance issue, that is, related primarily to the employee’s inability to actually perform the job or task due to lack of knowledge, skill, talent or effort; or a behavior issue, that is, related primarily to misconduct.

When an issue is clearly a performance issue, then corrective action should be assessed and structured through the performance improvement process. When an issue is clearly a behavior issue, then corrective action should be assessed and structured through the disciplinary process.

When an employee issue cannot readily be assessed as either a performance issue or a behavior issue, then the problem should be evaluated with the assistance of the Department of Human Resources and a corrective action plan structured using either or both the performance improvement process and/or the disciplinary process.

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PROCEDURE 410-2
PERFORMANCE IMPROVEMENT PROCESS

OVERVIEW

This Procedure establishes the process that the County may use when corrective action is appropriate to address job performance issues.

STANDARDS

When an employee’s job performance is not meeting the expectations of his/her position, the County expects the employee to correct the deficiency and improve performance to acceptable standards. When the employee does not meet expectations for performance, the County may initiate the performance improvement process and provide the employee with an opportunity to correct a developing problem through performance coaching or specific performance improvement plans. The County may use any reasonable form of coaching, training, performance improvement plan, or other corrective action that it deems appropriate.

In general, the County supports a positive, interactive process to address unsatisfactory performance. The interactive process provides notification to the employee that a problem or deficiency exists, articulates the steps necessary to meet expected performance standards, asks for employee input, and discloses the consequences of failure to improve. When necessary, more detailed coaching, recommendations, and improvement plans are used or made available. However, supervisors and managers may deviate from the usual steps in the process, may initiate corrective action at any step in the process, and may repeat one or more steps or stages.

In some circumstances, the County may choose to terminate the employment relationship as the corrective action and not to initiate the performance improvement process.

Supervisors and managers should consider the following factors in determining the appropriate step in the performance improvement process:

1. the nature and cause of the unsatisfactory performance;

2. the importance of the function involved;

3. the employee’s overall disciplinary and performance record;

4. the ability and potential of the employee to make immediate and substantial improvement that can be sustained over time;

5. the employee’s willingness and interest in making such improvement;

6. the performance of other similarly situated employees;

7. the ability of the department/agency to function at the required level during the performance improvement process; and

8. such other factors as may be appropriate.

In initiating corrective action, supervisors and managers should be mindful of objective performance standards to avoid giving preferential treatment or acting arbitrarily. While supervisors must be conscious of the individual needs of each employee, similarly situated employees should receive generally comparable treatment.


The Department of Human Resources will provide assistance to departments/agencies when addressing unsatisfactory performance to ensure reasonable, objective, and consistent application.

PROCEDURES

A. Initiating and Structuring the Corrective Action

1. Whenever a supervisor or manager determines that corrective action is appropriate to resolve a job performance issue, the supervisor or manager should first evaluate the type and severity of the performance issue and, using the factors identified in the standards for this procedure, determine the form and structure of the performance improvement process or other corrective action that will be used.

2. The steps identified in this procedure may be perceived as progressive and may, when deemed appropriate, be used in that manner. However, a manager or supervisor may utilize the steps, or stages within the steps, in whatever manner he/she determines is best to correct the specific performance issue.

B. Coaching

1. Supervisors and managers should continuously coach employees on job performance, and such coaching must be distinguished from coaching meant for corrective action through a performance improvement process.

2. When initiating a coaching session as a corrective action step, the supervisor should clearly advise the employee that the discussion, however informal, is a corrective action and should provide specific, solutions-oriented coaching. During this discussion the supervisor should:

a. review with the employee of the expected level of performance;

b. provide specific examples of how the employee’s performance or production has fallen short of expectations;

c. explain the impact of the employee’s performance on the organization and coworkers;

d. describe actions the employee needs to take to correct the problem;

e. establish a time line for meeting the performance standards; and

f. note the discussion for the supervisor’s file.

In many instances, one or two candid discussions like this may be enough to significantly improve an employee’s performance. If the informal coaching attempts fail, the supervisor can establish a more formal performance improvement plan.

C. Performance Improvement Plan

1. If an employee is not adequately meeting the performance standards for his/her position and informal coaching either has not corrected the unsatisfactory performance or was not deemed an appropriate corrective action step, then the supervisor should develop a Performance Improvement Plan to assist the employee in bringing his/her performance up to the level of expectations. The purpose of a Performance Improvement Plan is to address specific performance problems, methods for improvement and to correct deficiencies, and a timeline for improvement. Supervisors are encouraged to develop Performance Improvement Plans with employees in an interactive process.

2. The Performance Improvement Plan should be signed by both the employee and supervisor, and placed in the employee’s official personnel file in the Department of Human Resources. Failure to satisfactorily complete the Performance Improvement Plan in accordance with defined standards, objectives, and a reasonable timeline may result in further corrective action, up to and including termination of employment.

D. Final Performance Management Plan Step

1. A Final Performance Management Plan may be appropriate when the performance issues are severe, when they have been repeated multiple times, when the impact on the department/agency is significant, or when other performance improvement efforts have been unsuccessful. Department/Agency Leadership will consult with the Department of Human Resources before taking this level of corrective action.

2. The purpose of the Final Performance Management Plan is to provide a final opportunity for the employee to achieve job performance improvement. The Plan should be specific about the performance problems and should state a required final result by a specific timeline.

3. The Final Performance Management Plan should be signed by both the employee and supervisor, and placed in the employee’s official personnel file in the Department of Human Resources.

4. The employee’s performance must be at the level of expectation at the end of a Final Performance Management Plan or demotion, transfer, or termination of employment will occur.

E. Demotion or Transfer

1. A demotion or transfer to another position may be an appropriate corrective action to address an employee’s inability to satisfactorily perform the duties of his/her current position or where the employee does not satisfactorily complete a Final Performance Management Plan. Department/Agency Leadership will consult with the Department of Human Resources before taking this level of corrective action.

2. Ordinarily, transfers may be made only within a department/agency, and any transfer to another department/agency must have the approval of the County Manager. In addition, the employee must satisfy the minimum qualifications of an available position before a demotion or transfer may be made.

3. Prior to initiating a corrective action based upon performance issues that proposes either a demotion or transfer of the employee, the Department/Agency Leaders, after consultation with the Department of Human Resources, shall meet with the employee and shall:

a. inform the employee of the performance issues, including the standards of performance that are not being achieved;

b. specifically describe the employee’s performance deficiencies and the inability to satisfy the job performance standards;

c. explain the intended employment action;

d. permit the employee to explain any reasons that he or she was unable to meet the performance expectations and/or any reason that the proposed employment action should not be implemented.

After considering any explanation provided by the employee, the Department/Agency Leaders shall notify the employee in writing of the corrective action to be taken. If the corrective action is to proceed with the demotion or the transfer, then the written document provided to the employee will notify the employee of the intent to transfer or demote and will inform the employee of the rate of pay for the new position.

The employee may seek review of the proposed demotion or transfer within five (5) business days after the date in which the notice is presented to the employee, unless the employee chooses to accept the employment action immediately. The demotion or transfer becomes effective either the date the employee accepts the employment action or the date the employment decision is upheld through the review process.

4. A demoted employee’s new pay rate should be determined in accordance with Procedure 300-2, unless a different pay rate is approved by the Department of Human Resources.

F. Termination of Employment

1. An employee may be terminated from employment with the County due to job performance issues when those issues are severe, when the impact upon the department/agency is substantial, when the performance issues have been addressed on multiple occasions, or when the employee has not demonstrated a willingness or ability to improve his/her performance. In addition, an employee will be terminated from employment with the County due to performance issues when the performance improvement process has been fully utilized and sufficient improvement has not been achieved by the employee.

2. Department/Agency Leaders will consult with the Department of Human Resources before proposing to terminate an employee for performance failures, and after consultation, if the termination is supported, the Department/Agency Leaders shall meet with the employee and shall:

a. Inform the employee of the performance issues, including the performance standards that he/she has failed to meet;

b. Specifically describe the performance deficiencies and the employee’s failure to satisfy the standards;

c. Provide the reasons for proposing termination as the appropriate corrective action; and

d. Permit the employee to explain his/her reasons for failing to meet the expected performance standards and/or any reason that his/her employment should not be terminated.

After considering the employee’s statements, if any, Department/Agency Leaders shall determine whether to proceed with the termination of employment and notify the employee of the proposed employment action in writing.

The written document will inform the employee of the department/agency’s intent to terminate his or her employment. The employee may seek review of the proposed termination of employment within five (5) business days after the date in which the notice is presented to the employee, unless the employee chooses to accept the employment action immediately. Termination of employment becomes effective either the date the employee accepts the employment action or the date the employment decision is upheld through the review process.

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PROCEDURE 410-3
DISCIPLINARY PROCESS

OVERVIEW

This Procedure establishes the disciplinary process and general forms of discipline that the County may use for corrective action related to behavioral or conduct issues in the workplace and provides guidelines for determining appropriate levels of disciplinary action.

STANDARDS

County employees are responsible for their behavior and conduct while in the workplace. Behavior or conduct in the workplace which does not meet the standards established by the County, which is contrary to County policy, rule or instruction, or which has a negative impact upon the workplace is unacceptable and warrants corrective action through the disciplinary process.

Behavioral problems, which include misconduct, negligence, insubordination, poor attendance, and other offensive or disrespectful behavior, are usually within the employee’s control, and the County prefers to provide the employee with an opportunity to resolve the problem through the disciplinary process. However, the County may use any reasonable form of corrective action, including the disciplinary process, to resolve or correct employee misconduct or other behavioral problems.

The disciplinary process is intended to hold employees accountable and to effectively resolve or correct misconduct or other behavioral problems. The process is not necessarily structured to be sequential or progressive, though supervisors or managers, in their discretion, may use it in that manner, or they may, in their discretion, institute disciplinary proceedings at any level in the process which they believe is most appropriate, including repeating any particular level.

Every incident in which disciplinary action is contemplated must be considered in light of the facts and circumstances of the employee’s conduct, and the level of the discipline imposed should be based upon the type and degree of severity of the behavior. In some circumstances, the County may terminate the employment relationship without using other levels of discipline through the disciplinary process.

Supervisors and managers should consider the following factors in determining an appropriate level of discipline:

1. The nature of the specific infraction;

2. The seriousness of the infraction;

3. Any past occurrences of the same or similar infractions;

4. Any past occurrences of other infractions that may be different (the employee’s overall disciplinary record)

5. The ability and potential of the employee to make immediate and substantial improvement that can be sustained indefinitely over time;

6. The employee’s willingness and interest in making such improvement;

7. The level of discipline applied to other similarly situated employees who have engaged in the same or similar infraction; and

8. Such other factors as may be appropriate.

When applying discipline policies, supervisors and managers should be careful not to show preferential treatment or act arbitrarily. Similarly situated employees should receive generally comparable treatment.

The Department of Human Resources will provide assistance to departments/agencies when determining the appropriate level of discipline to ensure reasonable, objective, and consistent application.

PROCEDURES

A. Initiating and Structuring the Corrective Action

1. Whenever a supervisor or manager determines that corrective action is appropriate to resolve a conduct or behavior issue, the supervisor or manager should first evaluate the type and severity of the misconduct or behavioral problem and, using the factors identified in the standards for this procedure, determine the level and structure of the disciplinary action that will be used.

2. Every action and discussion taken in the disciplinary process should be documented, and, except in those instances where informal records are acceptable, the documentation should be recorded in the employee’s official personnel file in the Department of Human Resources. Every discussion should, at a minimum, include a specific description of the conduct or behavior that is a problem, the discipline, if any, to be imposed, the corrected conduct or behavior required of the employee, and the consequences that may ensue if the misconduct or behavior problems are not corrected or similar problems occur.

3. In instances where the conduct or behavior also results in job performance issues, the supervisor or manager should consult with the Department of Human Resources to develop the appropriate corrective action that may include both disciplinary action and a performance improvement plan.

4. Whenever the misconduct or behavioral problems might involve activities which would warrant use of leave under Policy No. 411 (Administrative Leave) or could constitute a violation of law or other legal requirement, Department/Agency Leaders must contact the Department of the Human Resources and the Legal Department.

B. Informal Level

Verbal Counseling

a. Verbal counseling is frequently appropriate at the onset of minor infractions of County policies and procedures or of department/agency rules or for emerging problems of a repetitive nature. Verbal counseling should be informal but specific about the nature of the misconduct or behavioral problem, and it should be solutions-oriented.

b. During a verbal counseling session, the supervisor should remind the employee of the pertinent policies or rules; provide specific examples of how the employee’s behavior or conduct does not meet expectations; explain the impact that the conduct can have on co-workers and the organization; describe the correct behavior expected; and inform the employee of the consequences if the conduct is not corrected.

c. Documentation of verbal counseling may be retained in a supervisor’s file unless further disciplinary action is taken, in which case, the documentation should be recorded in the employee’s official personnel file in the Department of Human Resources.

C. Formal Level

1. Written Reprimand

a. A written reprimand is a formal written notice to an employee that misconduct has occurred and action must be taken to correct the behavior. Written reprimands are filed in the employee’s official personnel file in the Department of Human Resources. An employee can request a review of a Written Reprimand in accordance with Procedure 413-1. The employee will also be advised that if the behavior is not corrected, more serious disciplinary action will be taken. Written reprimands may address a broad range of misconduct. The written statement should identify the relevant County policy or procedure or department/agency rule; describe the conduct or behavior that fails to comply with expectations; explain the impact of the conduct; describe the actions that the employee must take to resolve the issue and correct the behavior, and inform the employee of consequences if the issue is not resolved or the same or similar behavior is repeated.

b. A written reprimand may be structured to include specific actions required of the employee to ensure that the described steps have been completed.

c. A written reprimand may be considered in any performance evaluation of the employee, and it will be considered in evaluating any future disciplinary actions. However, if the employee has no further corrective actions for more than one year after a written reprimand, the reprimand may be considered in future disciplinary actions but should not be given substantial value.

2. Management Referral through the Employee Assistance Program

A supervisor or manager may, after consultation with the Department of Human Resources, require formal counseling through the Employee Assistance Program to address a specific or continuing conduct or behavioral issue. Any referral for formal counseling should be made in the manner provided by Policy 514 and Procedure 514-1.

1. Action Level

Action Level refers to any employment action that affects an employee’s position and/or pay.

1. Types. The types of disciplinary action which are classified as action level are suspension without pay, demotion, and termination.

2. Use. Action level discipline may be an appropriate level of discipline for incidents of serious misconduct, for flagrant misbehavior, for chronic behavioral problems, for conduct which has a major adverse impact on the County or its operations, when other forms of discipline have not resolved the issue, and for multiple or repeated incidents of misconduct.

3. Consultation. Prior to initiating any disciplinary action at the action level, Department/Agency Leaders must consult with the Department of Human Resources and, when appropriate, the Legal Department.

4. Employee Conference. After consultation with the Department of Human Resources and prior to taking any definitive disciplinary action, Department/Agency Leaders shall meet with the employee and shall:

a. Advise the employee of the standard, policy, rule or other expectation of conduct with which the employee was required to comply;

b. Describe the actions of the employee which did not comply or which violated the standard;

c. Inform the employee of the intended disciplinary action;

d. Describe the actions, if any, that the employee must take to correct the behavior or resolve the issue;

e. Inform the employee of the likely consequences of any failure to correct or for any future incidents; and

f. Provide the employee with an opportunity to explain the reasons for his/her conduct or behavior and/or any reason that the intended discipline should not be imposed.

5. Notice of Action. After considering other information, if any, provided by the employee, Department/Agency Leaders shall determine whether to proceed with disciplinary action, and if so, the type of disciplinary action to impose. Department/Agency Leaders shall then notify the employee in writing of the disciplinary action that will be imposed.

6. Review. The employee may seek review of any disciplinary action taken at the action level. The employee must request the review in writing within five (5) business days after the date that the notification of the disciplinary action was presented to the employee.

7. Effective Date of Discipline. An employee may choose to accept the disciplinary action immediately when notified, in which case, the action shall be effective on the date accepted. Otherwise, any disciplinary action taken at the action level becomes effective after five (5) business days from the date the notification was provided to the employee unless, within that time, the employee requests a review. If a review is requested within the specified time, the action becomes effective in the form and date determined by the decision on review.

8. Specific Considerations.

a. A disciplinary suspension may not be imposed for a period of less than one full day and is always a suspension without pay.

b. Disciplinary reassignments may be made to another location or shift within the same department/agency, but disciplinary reassignments may not be made to another department/agency unless expressly approved by the County Manager.

c. A valid, open position must be available within the department/agency before a demotion may be implemented, and the employee must satisfy the minimum qualifications for the position.

d. The employee’s new pay rate, following demotion, should be determined in accordance with Procedure 300-2, unless a different amount is approved by the Department of Human Resources.

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POLICY 411
ADMINISTRATIVE LEAVE OF ABSENCE

PURPOSE

The purpose of this Policy is to notify employees of the circumstances in which the County may make use of involuntary leaves of absence.

POLICY

It is the policy of the Johnson County Government to place employees on an administrative leave of absence in situations where the County believes that the employee’s absence from work would be in the best interests of the County. Administrative leave is not disciplinary in nature. A department/agency leader may place an employee on administrative leave in the following circumstances:

1. the leave is necessary or appropriate during the course of an administrative investigation;

2. the employee is disrupting normal business operations;

3. the employee is reasonably believed to represent a danger to themselves or others;

4. when an emergency or other situation arises that creates dangerous or unsafe work conditions;

5. prior to a recommended termination; or

6. it is in the best interest of the County or for other legitimate business purposes not to have the employee in the workplace or at the work site while considering an appropriate course of action.

Administrative leave will generally be paid leave. Employees may be placed upon unpaid administrative leave only upon the approval of County Manager after consulting the Legal Department. Employees who have completed their introductory performance trial period and are placed on unpaid administrative leave may access the dispute resolution policy. Administrative leave, even if compensated, will not count as hours worked for the purposes of calculating overtime.

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PROCEDURE 411-1
ADMINISTRATIVE LEAVE GUIDELINES

OVERVIEW

This Procedure establishes the guidelines for placing employees on an involuntary administrative leave.

STANDARDS

An employee may be placed on an administrative leave of absence in situations where the County believes that the employee’s absence from work would be in the best interests of the County. Administrative leave is non-disciplinary in nature. Absent extraordinary circumstances, administrative leave shall be paid leave.

PROCEDURES

A. Department/Agency Leaders will consult with the Department of Human Resources before deciding whether to place an employee on administrative leave.

B. An employee on administrative leave with pay must leave a telephone number where he/she can be reached (or a message left) and be available to return to work within a reasonable amount of time, unless the employee has been placed on administrative leave for a particular period of time.

C. Department/Agency Leaders will notify any employee placed on administrative leave of the reason for the leave and whether such leave will be paid or unpaid.

D. If an employee has been placed on administrative leave pending the results of an internal investigation, upon completion of the investigation, Department/Agency Leaders or the Department of Human Resources will revoke any administrative leave and direct the employee to return to work or, if warranted, initiate disciplinary action.

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POLICY 412
JUDICIAL SUSPENSION

PURPOSE

The purpose of this Policy is to notify employees of the circumstances under which an employee may be placed on a judicial suspension because the employee has been charged with or arrested for the commission of a crime.

POLICY

It is the policy of the Johnson County Government that employees who have been charged with or arrested for the commission of a crime may be placed on judicial suspension. The term “crime” does not include minor traffic offenses. Judicial suspension is an unpaid leave of absence and is not disciplinary in nature. Employees, who are placed on judicial suspension, are subsequently acquitted and are not subject to disciplinary action for violation of County policies or department/agency rules may be entitled to reinstatement of wages and benefits lost while on judicial suspension.

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PROCEDURE 412-1
JUDICIAL SUSPENSION GUIDELINES

OVERVIEW

This Procedure addresses the circumstances under which an employee may be placed on an unpaid leave of absence because the employee has been charged with or arrested for the commission of a crime.

STANDARDS

An employee must notify his/her immediate supervisor or Department/Agency Leaders of any arrest, charges, incarceration, or criminal trial involving the employee that could affect the employee’s attendance at work, work performance, or adversely impact the County or department/agency or the public perception of the County or department/agency. Department/Agency Leaders shall notify the Department of Human Resources.

Judicial suspension is a non-disciplinary action without pay.

PROCEDURES

A. Department/Agency Leaders, in consultation with the Director of Human Resources, shall determine whether an employee will be placed on a judicial suspension and the conditions of such a suspension. The Director of Human Resources will consult with the Legal Department and/or any other appropriate persons or agencies.

B. When judicial suspension is imposed, Department/Agency Leaders will notify the employee of the leave and the reason for it. Such notice may be mailed to the employee’s last known home address of record if necessary.

C. An employee may elect to use, to the extent available, his/her eligible accrued vacation leave, personal holidays, or accrued compensatory time off during the judicial suspension upon approval of Department/Agency Leaders, but upon exhaustion of any available vacation leave, personal days, or accrued compensatory time off, the judicial suspension will continue without pay in accordance with the terms and conditions of this Procedure.

D. An employee who has been placed on judicial suspension may be subject to disciplinary action for any violation of County policy or procedure or department/agency rule.

E. Upon completion of the investigation or judicial process, Department/Agency Leaders will revoke any judicial suspension, and, if warranted, initiate employee disciplinary action. If the employee is found not guilty and no disciplinary action is warranted or taken, then the employee will be reinstated and all wages and benefits withheld during a judicial suspension will be paid and restored; provided that, an employee who is terminated from employment or suspended for violation of County policy or procedure or department/agency rule shall not be entitled to reinstatement of wages and benefits after such disciplinary action is imposed for those administrative violations.

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POLICY 413
DISPUTE RESOLUTION

PURPOSE

The purpose of this Policy is twofold: 1) to encourage employees to make reasonable informal efforts to resolve legitimate issues of concern to them in a manner that will be the least disruptive to the County and its employees; and, 2) to provide employees with a dispute resolution procedure for requesting review of a dispute concerning an adverse employment action (termination of employment, suspension without pay, or reduction in pay due to a demotion or reclassification), unjust discipline, or unfair working conditions.

POLICY

It is the policy of the Johnson County Government to provide employees with the opportunity and the appropriate forum (either informal or formal) to present their work-related complaints of unfair working conditions, unjust discipline or disputes concerning the appropriateness of adverse employment action. The County will attempt to resolve promptly all disputes that are appropriate for handling under this Policy. Employees are required to express their concerns in good faith and in a constructive and non-disruptive way.

Final decisions on disputes will not be precedent-setting or binding on future disputes. The County may, at its discretion, refuse to proceed with any dispute it determines is improper under this Policy. Further, this Policy does not alter the employment-at-will relationship in any way.

The County Manager, consistent with the County Charter, is granted the authority to adopt Human Resources Procedures setting forth the standards and process for the review of employee disputes or grievances. The County Manager has the authority to hear and determine any employee dispute; the County Manager may delegate some or all of that authority to a hearing panel, individual or judicial agency through the adoption of Human Resources Procedures at his/her discretion.

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PROCEDURE 413-1
DISPUTE RESOLUTION GUIDELINES

OVERVIEW

The purpose of this Procedure is to notify employees of the internal process for filing a complaint disputing an adverse employment action (termination of employment, suspension without pay, or reduction in pay due to a demotion or reclassification), unjust discipline, or unfair working conditions and the County’s procedures for handling such requests.

STANDARDS

The County provides a process for employees to file complaints in connection with adverse employment decisions or treatment related to their employment. The process is designed to ensure that all disciplinary actions or employee complaints alleging unfair treatment receive at least one level of managerial review.

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