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HomeMy WebLinkAboutR94-177 adoption of class and compensation for employeesf Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94- /7 AUTHORIZING ADOPTION OF CLASSIFICATION AND COMPENSATION PLAN FOR ALL COUNTY EMPLOYEES (Personnel Policy) WHEREAS, pursuant to X30 -2 -104, C.R.S., the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), is empowered to adopt a classification and compensation plan for all County employees paid in whole or in part by the County; and WHEREAS, pursuant to X30 -11 -107, C.R.S., the Board is empowered to manage the business and concerns of the County in all cases where no other provisions are made by law; and WHEREAS, the Board adopted the Eagle County Personnel Policy ( "Personnel Policy ") by Resolution No. 93 -113 on October 4, 1993; and WHEREAS, the Personnel Policy has been endorsed by the Eagle County Assessor, Eagle County Clerk & Recorder and Eagle County Treasurer; and WHEREAS, the Board desires to amend the Personnel Policy and to make the provisions and benefits contained in those amendments available to any elected official and his /her employees upon the acceptance thereof by said elected official. NOW THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Board hereby adopts the amendments to the Eagle County Personnel Policy as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. �3 THAT, as of this date the Personnel Policy, as hereby amended, shall apply and shall be binding upon all County employees paid in whole or in part by the County except as otherwise provided for in X30 -2 -104, C.R.S., and /or by the Personnel Policy, as amended. THAT, upon the acceptance of these amendments to the Personnel Policy by any elected official of the County of Eagle, the amendments shall apply and shall be binding upon the employees of that Elected Official's office. Exhibit "A" attached hereto and incorporated by this reference indicates the Elected Officials of Eagle County who have endorsed these amendments to the Personnel Policy. MOVED, READ of the County of 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS /j ; _ _ Phillip Commissioner seconded adoption of the foregoing reso u on. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips 1 1L Commissioner James E. Johnson, Jr. �� Commissioner George A. Gates ' This Resolution passed by — vote of the Board of County Commissioners of the County of Eagle, State of Colorado. AND ADOPTED by the Board of County Commissioners Eagle, State of Colorado, this / C/o day of County Commissioners eo Georg A. Gates, Commissioner Exhibit "A" The undersigned respectfully endorse the amendments to the Eagle County Personnel Policy set forth in Exhibit "B" and support their applicability to all Eagle County employees. Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner George A. Gates Commissioner C.-j"-Gz Allen Black Assessor Clerk & Recorde A. J. Johnson Sheriff (jil 9/ Nkr vd�7 ,l Sherry B andori Treasur r -3- The policies contained in this handbook supersede prior County personnel policies and apply to all County departments and employees, unless otherwise indicated. This handbook, the County's practices and other communications do not create an employment contract nor a property right in your employment with Eagle County. This handbook does not contain all of the information you will need during the course of your employment with the County. You will receive additional information through various written or verbal notices. The policies of this handbook are subject to all laws and regulations governing the operation of Eagle County. Changes to laws and regulations will determine appropriate changes to the policies and procedures stated in this handbook. Violations of policies contained in this handbook may subject the em lo�vee to disciplinary action, un to and including termination. County employees function under a wide variety of conditions and circumstances. Each department has needs and requirements unique to that department. It is anticipated that some departments will supplement this manual with departmental policies outlining the specific needs of the department. Management is committed to reviewing its policies and benefits continually and may change these policies at any time without prior notice. The policies and benefits outlined in this handbook are subject to review and change. No communication or practice limits the reasons or procedures for termination or modification of the employment relationship. For your convenience in locating specific information, a Table of Contents and an Index have been provided. If you have questions or would like more information about any aspect of the County, its policies and practices, consult your supervisor, Department Director, Elected Official, x a Human Resources representative. nov.94 The county will measure the twelve month period as a rolling 12 -month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the county will compute the amount of leave the employee has taken under this policy and subtract it from the 12 weeks of available leave, and the balance re mainin g is the amount the employee is entitled to take at that time. If a husband and wife both work for the county, and each wishes to take leave for the birth of a child, adoption or placement of a child in (their) foster care, or to care for a parent (but not a Parent "in -law ") with a serious health condition, the husband and wife may only take a total of 12 weeks of leave. Em Ioovee status and benefits While an employee is on leave, the county will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition, the county will require the employee to reimburse the county the amount it paid for the employee's health insurance premium during the leave period. Under current county policy, the employee pays a portion of the health care premium. While on paid leave, the employer will continue to make payroll deductions to collect the employee's share of the premium. While on unpaid leave, the employee must continue to make this payment; the payment should be received in the Human Resources Department by the fast day of each month. An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits and other employment terms. The position will be the same or one which entails substantially equivalent skill, effort, responsibility, and authority. The county may choose to exempt certain highly compensated employees from this requirement and not return them to the same or similar position. Use of paid and unpaid leave If the employee has accrued paid leave, the employee must use paid leave first and take the remainder of the twelve weeks as unpaid leave. An employee who is taking leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid vacation, personal or sick leave prior to being eligible for unpaid leave. For example, if an employee has earned one week of vacation leave and one week of sick leave, the employee would be able to take two weeks paid and 10 weeks unpaid leave under this policy. An employee taking leave for the birth of a child must use paid sick leave for physical recovery following childbirth. The employee must then use all other paid leave time and then will be eligible for unpaid leave for the remainder of the 12 weeks. An employee ho is taking leave for the adoption or foster care of a child must use all paid vacation (not sick leave) leave prior to being eligible for unpaid leave. nov.94 Ell Intermittent leave or a reduced work schedule The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year), or under certain circumstances may use the leave to reduce the work week or work day resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 weeks over a 12 month period. The county may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. For the birth, adoption, or foster care of a child, the county and the employee must mutually agree to the schedule before the employee may take the leave internttently or work a reduced hour schedule. Leave for birth, adoption, or foster care of a child must be taken within one year of the birth or placement of the child. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with the county before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. The county may require certification of the medical necessity. Certification The county will require an employee to provide a doctor's certification of the serious health condition. Certification of the serious health condition shall include: the date when the condition began, its expected duration, diagnosis, and a brief statement of treatment. For medical leave for the employee's own medical condition, the certification must also include a statement that the employee is unable to perform work of any kind or a statement that the employee is unable to perform the essential functions of the employee's position. For a seriously ill family member, the certification must include a statement that the patient requires assistance and that the employee's presence would be beneficial or desirable. The county has the right to ask for a second opinion if it has reason to doubt the certification. The county will pay for the employee to get a certification from a second doctor, which the county will select. If necessary to resolve a conflict between the original certification and-the second opinion, the county will require the opinion of a third doctor. The county and the employee will jointly select the third doctor, and the county will pay for the opinion. This third opinion will be considered final. Procedure for requesting leave Except where leave is not foreseeable, all employees requesting leave under this policy must submit the request in writing using a "Medical Certification Form" to the Human Resources Department with a copy to their immediate supervisor. When an employee plans to take leave under this policy, the employee must give the county 30 days notice. If it is not possible to give 30 days notice, the employee must give as much notice as is practicable. nov.94 5 ~ �l If you have to be absent, you are responsible for contacting your supervisor within your fast scheduled one -half hour of work or sooner. If you know about an absence in advance, you should inform your Supervisor as soon as possible. Some individual Department Directors or Elected Officials may vary this requirement to meet special needs of their departments. The Department Director or Elected Official is responsible for giving each employee a list of whom to call, should the supervisor not be available. Medical leave is a privilege available for regular employees working 20 hours or more per week to be used in the following circumstances: A. When the employee is unable to perform his/her job duties because of illness, injury, or disability. For a serious health condition see Family and Medical Leave section of this handbook. B. When the employee has medical, surgical, dental or optical examinations or treatment. C. When an employee is required to care for an ill or injured member of the immediate family, (parent, spouse, child or other dependent, grandparent, or in -laws) he/she may use accumulated medical leave. For a serious health condition of a this handbook. An employee must complete three continuous calendar months of employment before becoming eligible to use paid medical leave. Full -time employees accrue medical leave at 2.46 hours per pay period and are paid at their regular base pay. Medical leave accrued for a partial pay period worked will be pro- rated. Part-time employees accrue medical leave on a pro -rated basis. nov.94 9 Medical leave may be used in increments of quarter hours (i.e. 15 minutes, 30 minutes, 45 minutes, etc). The maximum accumulation of medical leave is 60 days (480 hours). Upon separation, unused medical leave will be forfeited. Employees are required to return to work upon release by a physician. Employees may be required to verify that they have been ill or injured or caring for an ill or injured member of their immediate family. In addition, employees may be required to verify their fitness to return to work. Suspected instances of abuse of this policy will be investigated by the individual supervisor and Department Director or Elected Official. Any medical leave exceeding five work days requires a doctor's note. The note must state it was necessary for the employee to be absent from work and the nature of the disability. If it is anticipated that the leave will exceed five work days the note must also state the anticipated duration of the leave. Employees must complete a Request for Leave form in advance, if possible, or on the day they return to work and submit it to their immediate supervisor with a copy to Human Resources. Requests for paid medical leave will be reviewed by the employee's supervisor. If the employee is expected to miss more than ten work days the County Manager will be informed of the situation. Accumulated medical leave and additional time off will not be granted to compensate for an injury or illness which may occur during the employee's personal leave, or scheduled holiday unless the employee is hospitalized. Non - hospitalized recovery time during scheduled personal leave will be counted as personal leave. Medical leave will not be paid for any absences occurring during the last two weeks of employment if the employee has given notice of intent to terminate except for unplanned hospitalization due to accident/illness. The employer's portion of the health insurance premium will be paid by the County for up to ninety days of the approved leave, if the employee continues to pay their portion of the premium. If an employee misses a review date while on leave, he/she may be reviewed upon return to work. If an increase in pay is given, it will be effective on the date the review would have taken place had the employee not been on leave. Employees are required to use up accrued medical leave on Family and Medical Leave. nov.94 10 B. A request to withdraw hours from the Sick Leave Bank must be submitted through the requesting employee's Department Director or Elected Official. The Department Director or Elected Official will send the request to the Director of Human Resources. The Director of Human Resources will verify the requestor's eligibility and review the request with the Sick Leave Bank Committee. C. Director of Nursing, the Director of Human Resources, and two employe D. The Sick Leave Bank Committee appointed will consider the requesting employee's prior medical leave balance, length of employment with the county, job performance, and seriousness of the disability and anything else they deem relevant in approving withdrawal of hours from the Sick Leave Bank. Holidays Paid holidays will be determined annually by resolution of the Board of County Commissioners. Eagle County offices will be closed on the days designated by the Board as holidays. Normally, regular employees receive eleven paid holidays per year. Employees may be scheduled and required to work on holidays. To be paid for the holiday, an employee must be on paid status the day before and the day after the holiday. All eligible regular full -time employees will receive eight hours of holiday pay for the holiday. Regular non - exempt employees who are required to work on a County designated holiday will receive eight hours of holiday pay in addition to straight time pay for hours worked during the holiday. Regular non - exempt employees will receive overtime pay for hours worked over 40 in an established work week. (See Overtime policy.) Regular part-time employees will be given holiday pay on a pro -rated basis. (See Regular Part-time status.) nov.94 13 Regular full -time employees may be granted up to twenty-four (24) hours -three eight hour days of funeral leave with pay. Regular part-time employees may be granted twelve (12) hours of funeral leave with pay to attend a funeral when a death has occurred in the family as defined below. If necessary, and with the approval of the Department Director or Elected Official, employees may use earned personal leave or unpaid leave to extend the absence from work. A regular full -time employee who wishes to attend the funeral of a close personal friend or relative other than a member of the family, as defined below, may receive up to four (4) hours pay if approved by the employee's Department Director or Elected Official. A regular part-time employee may receive up to two (2) hours pay to attend the funeral of a close personal friend or relative if authorized by the employee's supervisor. Family is defined as mother, father, sister, brother, grandmother, grandfather, great grandmother, great grandfather, daughter, son, wife, husband, granddaughter, grandson, step - mother, step - father, step - daughter, step -son, daughter -in -law, son -in -law sister -in- law, brother -in -law, mother -in -law, father -in -law, grandmother -in -law, grandfather -in- law, aunt, uncle, nieces, nephews, and legal guardians. To be eligible for funeral leave pay, the employee must attend the funeral service. Supervisors may require an employee to provide a public notice or evidence of the death. Funeral leave pay will not be paid in addition to any other allowable pay for the same day, such as holiday pay, sick pay, etc. The only exception to this policy is when a death occurs in the family while the employee is on personal leave; in which case a maximum of twenty-four (24) hours personal leave may be granted to compensate for hours used as funeral leave. nov.94 15 Here are some guidelines to follow when dealing with the release of information: A. Never assume information will be held in confidence. Once information leaves your custody, you have no control over what is done with it. Nothing is "off the record." B. Always check with your supervisor if there is any question about whether information should be released. Questions about the releasability of information should be referred to the County Attorney's Office. C. Department Directors or Elected Officials may designate certain employees as authorized spokespersons to release information to the news media. Other employees should refrain from releasing information to the media, and the news media should be referred to those authorized spokespersons. D. Never offer opinions, inferences, conjecture or rumors in a context where they may be taken as facts. Because you represent Eagle County Govemment, things you say may be considered "official." You should not repeat anything publicly if you do not have personal knowledge of the facts. E. If you are not experienced in dealing with the news media, refer them to your supervisor. Always remember anything you say to the media may show up in print or be broadcast on the air! F. Certain information may be privileged from release to the public. If you release information "in confidence," you may cause the privilege to be waived, regardless of whether the confidence is broken. G. If you are subpoenaed to give testimony at a deposition or a trial regarding information acquired during the course of your employment with the County, whether or not you are still employed at the County, you must contact the County Attorney. nov.94 63 3 Safety is everyone's concern. It is up to each of us to make Eagle County a safe place to work. If you notice a safety hazard, notify your supervisor. Employees must comply with all safety rules and regulations. All persons traveling on County business are required to wear seat belts. I he driver of the vehicle is responsible to ensure all passengers wear seat belts. Employees may not pick up hitchhikers while in a County vehicle, or in a private vehicle while traveling on County business. Smoking is not allowed in County vehicles. Persons who are not Eagle County employees or not acting in their capacity as an appointed member of an Eagle County Board or Commission are prohibited from traveling in a County -owned vehicle unless an Eagle County employee is transporting them for Eagle County business reasons. Exceptions may be made if the employee obtains prior written approval from the County Manager or his /her designee or the Board of County Commissioners If your department issues safety equipment, you must use the equipment. You are responsible for knowing the safety rules and should consult with your supervisor if you have a question. nov.94 3 Grievance Procedure The Eagle County grievance procedure is essentially a problem solving process. Involvement of managers at various organizational levels is built in to foster objectivity and to assure that all disputed actions are reviewed. At any level in the grievance process, decisions may be appealed by either party. A grievance is a complaint regarding perceived poor working conditions, unjust application of discipline, or the unfair application or interpretation of the policies and procedures of Eagle County in the department where the employee works. A grievance is specific in nature, and should detail all alleged occurrences of the action taken which is being aggrieved, on what grounds the grievance is based, and how the occurrence or action taken conflicts with the Eagle County Employee Handbook, noting the section of the handbook involved. An employee who is dissatisfied with the administration of policies or in any other way feels aggrieved by the conditions of his/her employment, should fast discuss the problem with his/her immediate supervisor. If the employee is extremely uncomfortable discussing the situation with his/her supervisor, he/she should consult with their Department Director/Elected Official or the Director of Human Resources If the supervisor or Department Director has not responded, or if the employee is not satisfied with the response received, the employee should within five working days request a meeting with his/her Department Director and the Director of Human Resources. If after following this step the employee is not satisfied with the results and wishes to pursue his/her claim, he/she must follow the following procedure, within the time limits stated below: The employee must file a written grievance with the County Manager or his/her designee within five working days of the day of being advised of a decision from the Department. If the County Manager or his/her designee needs more than five working days to investigate the problem and to make a recommendation, he/she will notify the employee. The County Manager will gather information from both parties involved in the grievance. Both parties will be advised of the manager's decision. nov.94 X Regular full -time and regular part-time vacant or newly created positions will be posted on County bulletin boards. Job posting procedures are as follows: A. Positions will be posted for at least three business days before a job offer is made. B. Employees who are interested in being considered for a posted position must complete a Request for Transfer form and send it to Human Resources who will evaluate the request for minimum qualifications. D. The final selection will be made by the Department Director or Elected Official who has the opening, however, a Human Resources representative will make the job offer and notify applicants who were not selected that the position has been filled. Normally the employee will be transferred ten working days after acceptance of the job offer. nov.94 15 - , 3 Persons who are related are not eligible for hire to a position where: A The relatives would work in the same division. A divisiion is a subunit of a department; or B. Either would directly supervise the other or be in the supervisory chain over the other; or C. Either would audit, verify, receive, or be entrusted with monies received or handled by the other; or D. Either occupies a position in which he or she has the power to affect the outcome of substantive issues of the others employment (hiring, promotion, transfer, discipline, demotion, discharge, salary, benefits) without the consent of a peer or superior employee. For purposes of this policy, "relative" and "related" mean and refer to the relationships of spouse, significant other, parent (including step - parent), grandparent or grandchild, sibling (including step - brother and sister), parent -in -law, and child. For purposes of this policy, a "significant other" means a person to whom an employee is engaged, or with whom the employee has a relationship which the employee equates, or is perceived by others to equate, to that of a spouse or fiance'. If two or more employees become related, and one or more of the circumstances described above apply, one of them must resign or transfer within thirty days. The county reserves the right to dismiss one of them, at its sole discretion, if neither resigns within thirty days. nov.94 M When a position becomes available and is posted, an employee may apply for that position by filing out a Request for Transfer form and filing it with the Human Resources Office. The employee's request will be considered along with all other applicants for that position. As a general rule, employees must be in their current position an least six months before an employee requested transfer will be considered Under special circumstances, this b W % requirement can be w& ✓ed with written approval of the Department Director or Elected Off cial and the Director of Human Resources. In conjunction with the hiring supervisor and Department Director or Elected Official, a Human Resources representative will determine whether applicants meet the minimum qualifications for the position. The hiring authority will have the sole discretion as to which of the qualified candidates they will interview. Pay in the new position will be determined by the hiring authority and the Director of Human Resources. Pay ranges for a given position are determined by the Eagle County Classification System. Employee will not be compensated at a rate less than the minimum or more than the maximum of the salary range of the grade in which the position is classified. It is possible for an employee to request a transfer to a position with a lower pay grade, a higher pay grade, or the same pay grade as their present position. nov.94 17