POLICY HANDBOOK FOR EMPLOYEES OF
VAN WERT COUNTY, OHIO
May 18, 2017
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May 18, 2017
TABLE OF CONTENTS
POLICY HANDBOOK FOR EMPLOYEES OF
VAN WERT COUNTY, OHIO
ITEM PAGE
I. GENERAL PROVISIONS 1
A. Introduction 1
B. Ethics of County Employment 2
II. EMPLOYEE RECORDS 4
A. Active Employees 4
B. Reference Checks of Former Employees 5
III. PUBLIC RECORDS REQUESTS 5
IV. CIVIL SERVICE 9
V. HOURS OF WORK 10
A. Regular Work Hours 10
B. Absenteeism and Tardiness 11
C. Overtime 12
VI. PAID LEAVES OF ABSENCE 13
A. Sick Leave 13
B. Civic Duty Leave 18
C. Vacation Leave 18
D. Holidays 20
E. Military Leave 21
F. Weather Emergency Leave 21
ITEM PAGE
VII. UNPAID LEAVES OF ABSENCE 22
A. Family and Medical Leave Act Policy 22
B. Other Unpaid Leaves of Absence 38
VIII. INSURANCE BENEFITS 39
A. Health Insurance 39
IX. REDUCTIONS IN WORK FORCE 39
X. TRANSFERS AND JOB ASSIGNMENTS 40
A. Job Assignments 40
B. Permanent Transfers 40
C. Temporary Transfers and Assignments 40
XI. WORKPLACE VIOLENCE 41
A. Zero Tolerance Policy 41
B. Prohibited Acts of Violence 42
C. Warning Signs and Risk Factors 42
XII. USE OF COUNTY/STATE PROPERTY 43
A. Introduction 43
B. Use of County Vehicles 44
C. Use of County/State Communications Systems 45
D. Use of Internet, Electronic Mail, Texting, and Online Services 46
XIII. DRUG AND ALCOHOL POLICY 48
XIV. NO SMOKING POLICY 53
XV. DISCRIMINATION PROHIBITED 54
A. Harassment Policy 54
ITEM PAGE
B. Equal Employment Opportunity (EEO) Policy 57
C. Americans with Disabilities Act Policy 58
XVI. PERFORMANCE EVALUATIONS 59
XVII. JOB SAFETY 59
XVIII. DISCIPLINARY POLICY 61
A. Tenure in Service 61
B. Disciplinary Procedures 61
XIX. COMPLAINT PROCEDURE 64
XX. NEPOTISM POLICY 65
XXI. DRESS AND APPEARANCE 66
XXII. MEDICAL EXAMINATIONS AND DISABILITY SEPARATIONS 66
XXIII. POLITICAL ACTIVITY 68
XXIV. SOLICITATION POLICY 71
XXV. BUSINESS TRAVEL EXPENSES 73
XXVI. RESPECTFUL WORKPLACE POLICY 75
XXVII. AUDITOR OF STATE FRAUD REPORTING 76
XXVIII.LACTATION BREAKS 76
XXIX. VACATION LEAVE DONATION POLICY 76
XXX. DISCLAIMER 81
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May 18, 2017
POLICY HANDBOOK FOR EMPLOYEES OF VAN WERT COUNTY, OHIO
I. GENERAL PROVISIONS
A. Introduction
1. The purpose of this Handbook is to set forth personnel policies for the employees of Van Wert County. These policies have been established by the Board of County Commissioners. Many of the rights and responsibilities outlined in this Handbook are based on provisions contained in the Ohio Revised Code (ORC) and Ohio Administrative Code (OAC). When there is a direct conflict between Ohio statutory law and County policy, the laws of the State prevail. When there is a direct conflict between a collective bargaining agreement and a County policy, the provisions of the agreement prevail.
2. Neither the Board of County Commissioners nor appointing authority can foresee all personnel issues and concerns which may arise. Accordingly, it may be necessary, and the County reserves the right to revise, modify, amend, or delete a policy or regulation. These amendments shall only affect the specific policy they modify and will not affect the enforceability of the remainder of this Handbook. Employees are encouraged to suggest any changes which they think would improve these policies and regulations. Employees are also encouraged to ask their supervisor questions concerning any provisions of this Handbook they do not understand.
3. Various Ohio laws grant elected office holders and directors of departments and agencies the power to hire, compensate, discipline, and discharge employees in their offices or departments. Within these statutory parameters, the Board of County Commissioners intends for all office holders and departmental directors to adhere to this Handbook in a consistent and uniform manner. Only when the policies contained in this Handbook directly conflict with the urgent operational needs of a particular office, department, or agency will variances on the policies be acceptable. The policies set forth herein shall apply to all County offices unless alternate policies are developed by office holders in accordance with applicable law.
4. All office holders and directors with the power to hire, compensate, discipline, and discharge their employees shall be referred to as “appointing authorities” and their offices, departments, and agencies as “County offices.” The provisions of this Handbook supersede all other policy handbooks, manuals, memos, policy papers, or resolutions that may be in conflict with this Handbook. The appointing authority may supplement this Handbook with work rules, policies, and procedures that do not conflict with the policies of this Handbook which they deem necessary due to the unique nature of their individual offices.
5. Words, whether in the masculine, feminine, or neutral genders, that are contained within this Handbook, shall be construed to include both genders. The use of the masculine or feminine gender is for convenience only and is not to be construed as discriminatory by reason of sex.
6. The provisions of this Handbook are not intended to create a contract of employment between the County and its employees.
B. Ethics of County Employment
The proper operation of a democratic government requires that actions of public officials and employees be impartial, that government decisions and policies be made through the proper channels of governmental structure, that public office not be used for personal gain, and that the public has confidence in the integrity of its government. ORC, Sections 102.03 and 2921.42 prohibit employees from using their influence in order to benefit themselves or their family members. In recognition of the above-listed requirements, the following Code of Ethics is established for all appointing authorities and employees:
1. No employee shall use his official position for personal gain, engage in any business, or have a financial or other interest, direct or indirect, which is in conflict with the proper discharge of his official duties.
2. No employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the County, nor shall she use such information to advance the financial or other private interest of herself or others.
3. No employee shall accept any valuable gift, whether in the form of service, loan, item, or promise from any person, firm, or corporation which is interested, directly or indirectly, in any manner whatsoever in business dealings with the County; nor shall an employee accept any gift, favor, or item of value that may tend to influence the employee in the discharge of his duties or grant in the discharge of the employee’s duties any improper favor, service, or item of value.
4. No employee shall represent private interests in any action or proceeding against the interest of the County in any matter in which the County is a party.
5. No employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of her official duties or would tend to impair her independent judgment or action in the performance of her official duties. Neither shall other employment, private or public, interfere in any way with the employee’s regular, punctual attendance and faithful performance of her assigned job duties. Any employee having doubt as to the applicability of these provisions should consult her supervisor or appointing authority.
6. Any employee offered a gift or favor who is not sure if its acceptance is a violation of the Code of Ethics should inform his supervisor of the gift offer. The supervisor will make a decision or will refer the individual to the County Prosecutor’s Office. No employee will accept from any contractor or supplier doing business with the County any material or service for the employee’s private use.
7. State law prohibits County employees and officials from having a financial interest in companies which do business with public agencies, with minor exceptions. Employees who have any doubt concerning a possible violation of these statutes are advised to consult an attorney.
II. EMPLOYEE RECORDS
A. Active Employees
1. A personnel file shall be established and maintained for each employee by the appropriate appointing authority.
2. At the time of original appointment, it is necessary that the employee’s personnel file reflect the employee’s correct name, address, telephone number, social security number, tax exemptions, affiliation with any branch of the armed services, and loss of licensure or insurability, if applicable. In addition, the initial record should include the name and phone number of a person to contact in case of emergency. The employee is responsible for providing this information and for promptly reporting any change in the information.
3. The personnel file shall contain the employee’s application for employment, letters of reference, necessary compensation and payroll information, performance evaluations, disciplinary actions, letters of commendation, and all other information necessary for the conduct of County operations.
4. The County will attempt to not release records maintained by the County which are not defined as “public records” in Section 149.43 of the ORC or other applicable provisions of law from an employee’s personnel file.
5. Each employee shall have the right, upon written request and reasonable notice (at least 24 hours), to examine his personnel file. Such examination shall be made on non-work time or at some other mutually agreeable time.
6. If an employee disputes the accuracy, timeliness, relevance, or completeness of documents in her file, she may submit a written request that the appointing authority investigate the current status of the information. The appointing authority will make a reasonable investigation to determine the accuracy, timeliness, relevance, and completeness of the file. The appointing authority will notify the employee of the results of the investigation and any plans the appointing authority has to take action with respect to the disputed information. The employee may submit a statement to be attached to any disputed documents.
7. Employees are not permitted to add or remove documents or other information from their personnel file absent express authorization from the appropriate appointing authority. An employee who adds or removes documents or information from her personnel file without prior approval may be subject to discipline up to and including termination.
8. Pursuant to applicable law, all medical records shall be maintained in a separate file. Such records are not considered to be public records.
B. Reference Checks of Former Employees
1. Except to the extent that other information is public record, the County will respond in writing only to those reference check inquiries that are submitted in writing. Responses to such inquiries will confirm only dates of employment, wage rates, and position(s) held by the employee. No employment data will be released without a written authorization and release signed by the individual who is the subject of the inquiry.
III. PUBLIC RECORDS REQUESTS
1. It is the policy of Van Wert County that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of Van Wert County to strictly adhere to the state’s Public Records Act. All exemptions to openness are to be construed in their narrowest sense, and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in the ORC. If the request is in writing, the explanation must also be in writing.
2. Van Wert County, in accordance with the ORC, defines records as including the following:
a. Any document - paper, electronic (including but not limited to e-mail), or other format - that is created or received by or comes under the jurisdiction of a public office that documents the organization, functions, policies, decisions, procedures, operations, and/or other activities of Van Wert County.
b. All records of Van Wert County are public unless they are specifically exempt from disclosure under the ORC.
3. It is the policy of Van Wert County that, as required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying (see below for the e-mail record policy). Record retention schedules are to be updated regularly and posted prominently.
4. Each request for public records should be evaluated for a response using the following guidelines:
a. Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the public office to identify, retrieve, and review the records. If it is not clear what records are being sought, the records custodian must contact the requester for clarification, and should assist the requester in revising the request by informing the requester of the manner in which the office keeps its records.
b. The requester does not have to put a records request in writing and does not have to provide his/her identity or the intended use of the requested public record. It is Van Wert County’s general policy that this information not be requested.
c. Public records are to be available for inspection during regular business hours, with the exception of published holidays. Public records must be made available for inspection promptly. Copies of public records must be made available within a reasonable period of time.
(1.) “Prompt” and “reasonable” take into account the volume of records requested, the proximity of the location where the records are stored, and the necessity for any legal review of the records requested.
d. Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied immediately, if feasible to do so. Routine requests include but are not limited to meeting minutes (both in draft and final form), budgets, salary information, forms and applications, personnel rosters, etc. If fewer than 20 pages of copies are requested, or if the records are readily available in an electronic format that can be e-mailed or downloaded easily, these should be made as quickly as the equipment allows.
(1.) If more copies are requested, an appointment should be made with the requester for when the copies or computer files can be picked up.
(2.) All requests for public records must either be satisfied or be acknowledged in writing by the office in which the records were requested within three business days following the office’s receipt of the request. If a request is deemed significantly beyond “routine,” such as seeking a voluminous number of copies or requiring extensive research, the acknowledgement must include the following: