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HomeMy WebLinkAboutPersonal Policies Procedures 1997 Augusta Richmond GA DOCUMENT NAME: Pe~SON(\Jt:L Po1:c.;~s ftNC) ~(-<OC.E-()lJ(l.ES )~q~ DOCUMENT TYPE: CVe LIe; e S YEAR: 1 ~ <i 7 BOX NUMBER: 'lp FILE NUMBER: 14D I Y NUMBER OF PAGES: (04 JI~ :1:1- /Vd!tj ~ 'l..::- Augusta-Richmond County Commission- Council ~ ,~~'- ,. ,"' ~. Personnel Policies and Procedures .-:: t?- .j!. "l'~ . _ t;;- f~ " - " Revised March 1997 '\~. ~. .:~ '" Augusta-Richmond County Commission-Council Personnel Policies and Procedures : Revised March 1997 ;; ~ ~'51~~_ ;,. '- Table of Contents Section 1. Introduction. . . . . . . . . . . . . . 1 A. PUr'Dose . . . . . . .. ... ........... 1 B. Administration . . . . . . . . . . . . . . 1 ~ C. Employees Covered . . Section 2. Definitions. ... . . . . . . . . . . . . . . 1 . . . . . . . . . . . . . 2 Section 3. Position Classification and Pay Plan A. Establishment . . . . . . . . . . 5 . . . 5 B. Definitions . . . . . . . . . . . . 5 .......6 ...... .6 C. Allocation of Positions . ...... D. Maintenance of Plan . . . . . . . E. Interpretation of Job Descriptions . . . . . . . . . . . . 7 F. Official COpy of the Plan . . . . G. Amendments to the Plan . . . . . . . . . . . . . . . . 7 Section 4. Rate of Pay ... A. New Employees . . . . . . . . . B. Promotion . . . . .. ................ . . . . 7 . . . 8 . 8 . 8 . . 9 . 9 E. Increases in Salaries . . . . . 9 :. Section 5. Applications and Examinations A. Announcement of Vacant Positions . . . 11 11 11 12 12 12 13 ::. B. Application Forms . .' . . . . . .'. . . . . . . . C. Emplovment Reauirements . . . . . . . . . . .. ... D. Receipt a::\d Duration of Applications . . . . . . . . E. Reiection of Applications . . . . . . . .. ..... F. Open COmDetitive Appointments . . . .. ... .. -.. G. Promotional Appointments 13 Section 6. Appointments 13 - .':'- A. Initial Appointments 13 B. TYPes of Appointments . . 13 Section 7. Probationary Period. 14 A. Obiective . . . . . . . . . . . 14 B. Duration . . . . . . . . . . 14 C. Promotional Appointments .......... 14 D. Interruption of Probationary Period . 14 E. Probationary Period Reports . . . . 14 Section 8. Promotions and Transfers lS A. All EmPloyees lS B. Firefiqhters . . . . . . . . . . . . 16 Section 9. EmPloyee Performance Evaluation . 19 A. Obiective 19 B. Period of Evaluation . . . . . . . . . 19 C. Evaluations . . . . . . . 19 D. Performance Evaluations Confidential 20 Section 10. . Separations .. 20 A. TYPes of Separation From the Classified Service 20 B. Return of Auqusta-Richmond County, Property 24 C. Exit Interviews . . . . . . . . . . . . . . . . . 24 D. Final Paychecks for Terminated Employees . . . . . . . . . 24 Section 11. Disciplinary Actions . 24 A. Intent . . . . . . . . . . . -24 B. Conduct Subiect to Disciplinary Action 2S C. TYPes of Disciplinary Action . . . . . . . . . . 27 ~ :. '" :: .' 30 30 31 31 32 32 32 32 33 33 33 33 33 34 34 34 34 34 35 35 . 35 35 35 ....~ -::: '" ~ -;. E. Holidays . . . 36 F. Vacation Leave 37 ~ . G. Sick Leave 39 :' .- H. Other Types of Leave Nepotism . Polvqraph. Smokinq Policy Substance Abuse Policy . Equal Opportunity and Non-Discrimination Section 17. Section 18. Section 19. Section 20. Section 21. A. Policy B. Publicity C.'Appeals Based on Alleqed Discrimination D. Affirmative Action Plan . E. Elected Officials and their Emplovees F. Statement of Policy and Procedure on Harassment . . Section 22. Outside Emplovrnent '. A. Requlations . B. Procedure. Section 23. Political Activities Section 24. Policy Chanqes ~ -:. ~ -:-~ Section 1. Introduction ~- :. A. Puroose The purpose of these personnel policies, rules and general procedures, together with the position classification and pay plan, is to provide the fundamental features for an effective system of personnel administration for Augusta-Richmond County. These personnel policies and procedures are not and do not form an express or implied contract between Augusta-Richmond County and its employees. This document contains general statements of policies of Augusta-Richmond County and should not be read as including. the fine details of every policy, nor as forming an express or implied contract or promise that the policies discussed herein will be applied in all cases. The Augusta-Richmond County Commission-Council may add to these policies or revoke or modify them from time to time and, while the Human Resources Department will try to keep this document current, there may be times when policies are changed before this document can be revised. B. Administration The Director of Human Resources for Augusta-Richmond County is responsible for administering these policies. C. Emolovees Covered ;; -:;. These personnel policies and procedures apply to all employees of Richmond County .an~ by adoption of Richmond County elected officers and all boards, commissions, and authorities unless specifically excluded by these policies and procedures or.by other state law and Augusta-Richmond County ordinance. These personnel policies and procedures do not govern the Richmond County Sheriff's Department. The policies and procedures for the Sheriff's Department are regulated by its departmental manual. - ; 1 :- -=. Department Directors and Professionals are excluded from the following sections: ~ Section 3, Paragraph D Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 However, this exclusion does not exempt anyone from equal employment opportunity practices that may be required by state and federal laws. Nothing in these personnel policies and procedures should be construed as allowing department directors, professionals, and employees of .elected officials to attain a property interest in their positions. Section 2. Definitions For the purpose of these policies and procedures the following terms shall have the meanings respectively ascribed to them below, unless another meaning is specifically indicated. Aooeal - The right of an applicant or employee to appear before the Personnel Board to be heard on matters of. discrimination, unfair practices or other grievances of such person in the manner prescribed in these policies and procedures. Classified Service - The classified service consists of all positions included in the classification and pay plan with the exception of those positions specifically. excluded by the Augusta-Richmond County Commission~Council. Classification and Pay Plan - The system of assigning jobs to' classes and to appropriate pay grades based on the similarities of positions. Continuous Service - Continuous service is employment which is uninterrupted except for authorized leaves of absence, suspension or separation due to a reduction in work force. ~ 2 - ~ ......"": Deoartment Director - Person holding the position, whether appointed or elected, with overall administrative responsibility for a department. c Dismissal - The termination of a probationary, temporary or part- time employee, or the termination of a regular employee for just cause. Elected Official - The persons filling the offices of Sheriff, District Attorney, Tax Commissioner, Probate Judge, Judge and Solicitor of State Court, Judge of Superior Court, Judge of Civil and Magistrate Court, Coroner, and Clerk of Superior Court are considered to be elected officials. Persons employed by these officials do not have a property interest in their positions and are considered to be "Employees At Will" who work for elected officials and have no grievance procedure rights. Elioible - A person who has made a passing score on any examination required under these regulations and who has qualified to be employed by Augusta-Richmond County. I' Emoloyee - A person appointed to a position in Augusta-Richmond County government for which he or she is compensated on full.-time, part-time or temporary basis. Employee Benefits - Participation of regular employees, employees of elected officials, and probationary employees in Augusta- Richmond County sponsored health, dental & life insurance coverage, retirement plan, vacation and sick leave accrual, cost of living adjustments, pay increases, and holiday pay. Materials outlining various employee benefits are available for review in the Human Resources Department. Firefiqhters - Employees of the Augusta-Richmond County Fire Department who are certified fire suppression personn~l pursuant to O.C.G.A. sec. 25-4-1 et seq. Grievance - Any dispute concerning the interpretation or application of these personnel policies and procedures or any decision relative to certain disciplinary actions, dismissal or charge of discrimination. -; LaY-Off - The separation of an employee from the classified service due to lack of work, lack of funds, abolishment of the position, economic reduction, or other material changes in duties or organization. '" Overtime - Time worked in excess of the regular work schedule for the position in accordance with the Fair Labor Standards Act. .. 3 ; -::; Part-time Employee - An employee who works on a continuing basis, but does not work a full or normal work period. Employees in this class are not eligible for employee benefits. ~ Performance Evaluation - A method of evaluating each employee on a periodic basis as to his or her performance on the job. Probationary Employee ~ An employee serving the initial twelve months of his or her appointment, promotion, transfer or re-employment to any position in the classified service. A . . probationary employee is hot a regular employee until completion of the twelve (12) month probationary period. A probationary employee is entitled to accrue vacation and sick leave. Employees of elected officials do not serve a probationary period, but may be terminated at will. Promotion - A change in rank of an employee from a position in one class to a position in another class having a higher minimum salary and carrying a greater scope of discretion and responsibility. Promotion List - A list of persons who have been found qualified for appointment to a higher position. They may be qualified either by a written examination or other evaluation techniques. Public Hearinq - A meeting of the Augusta-Richmond County Commission-Councilor other agency, open to the public, at which any interested party may appear and be heard. Reqular Employee - An employee who has completed the probationary period and is scheduled to work a minimum of 37.5 hours per week. (Employees of elected officials do not serve a probationary period and cannot attain regular employee status as defined by these policies and procedures.) An employee in this class is eligible for employee benefits. Reprimand - A formal means of communicating, either verbally or in writing, to the employee a warning that a problem exists an~ that it must be corrected. Resiqnation - The termination of an employee at the employee's request. SafetY-Sensitive Position - The positions of: public safety and law enforcement employees who regularly carry firearms; employees who guard prisoners or inmates at any jailor correctional institution; employees who dispatch public safety services or who handle telephone communications through the 911 system; employees who dispatch transit vehicles; firefighters; employees who work with chemicals at Augusta-Richmond County's water treatment 4 ." '-- facilities; operators of multi-passenger vehicles; employees who operate heavy equipment; mechanics; and employees whose job requires them to have a Class 4 (CDL) license. .~ Suspension - An enforced leave of absence for either a disciplinary purpose or a pending investigation of charges against an employee. Suspensions may be with or without pay. Temporary Emplovee - An employee appointed to fill a position which is authorized and established for a specified period of time, not to exceed 90 days. An employee in this class is not eligible for employee benefits. Section 3. Position Classification and Pay Plan A. Establishment The Director of Human Resources shall be responsible for developing, maintaining, and administering a position classification and pay plan covering all employees in the classified service of Augusta-Richmond Co~nty. Such plan shall be approved and amended after recommendations to the Augusta- Richmond County Commission-Council, and shall constitute the official approved system of grouping positions into appropriate classes and pay scales. B. Definitions For the purpose of this section, the following words shall have the meanings respectively ascribed to them below. i. To "allocate" a position shall mean assigning the position to an appropriate class on the basis of the similarity of work and level of responsibility performed in the position. ii. A "class" shall mean a group of positions (or one position) that: (1) has similar duties and responsibilities; (2) requires like qualifications; and .. (3) can be equitably compensated by the same salary range. -; iii. The "class title" shall be the official designation or name of the class as stated in the job description. It shall be used on all personnel records and actions. No job titles can be used other than what is set forth in the official position classification. 5 <. ~ iv. A "position" shall mean a group of currently assigned duties and responsibilities requiring the full or part-time employment of one person. A position may be occupied or vacant. ~ . v. "Reclassification" shall mean the reassignment of an existing position from one class to a different class due to a significant change in duties or responsibilities. No reclassification may occur without proper authorization and by following the reclassification process. C. Allocation of positions 1. initial Allocation The Director of Human Resources shall be responsible for the initial allocation of the position of every employee of Augusta-Richmond County to one of the classes in the plan. 2. New Positions When a new position is requested, the department director for the department involved shall complete a position description covering the duties and responsibilities of such new position and submit such request to the Director of Human Resources. The.position description shall designate which functions are essential to the position and which functions are marginal. The Human Resources Department shall allocate the position to one of the classes in the classification plan, unless a suitable class does not exist, in which case the. Director of Human Resources shall recommend that the Personnel Board establish a new class. Upon the recommendation and approval of such new class by the Personnel Board, the Director of Human Resources shall recommend to the Augusta-Richmond County Commission-Council that the new position be established. D. Maintenance of Plan 1. Vacancies Each time a vacancy occurs, the department director shall submit a position replacement card for the vacant position t.o the Human Resources Department for a review to determine if the position is authorized and allocated. 2. Departmental Reorqanization Each time a department or division under the jurisdiction of a department director is significantly reorganized, 6 :. \ ,",-' /- such department director shall submit to the Human Resources Department new position descriptions for all affected positions. The reorganization must be approved by the Augusta-Richmond County Administrator and the Director of Human Resources. 3. Chanoes in Duties of Position The Director of Human Resources may require department directors to submit position descriptions on a periodic basis or at any time the Augusta-Richmond County Administrator has reason to believe that there has been a change in the duties and responsibilities of one or more positions. New and Abolished Positions Each time a new position is established, a position description shall be written and incorporated into the existing plan. Likewise, an abolished position shall be deleted from the classification plan. E. Interoretation of Job DescriDtions The job descriptions are descriptive and not restrictive. The use of a particular description as to duties, qualifications or other factors shall not be held to exclude others of similar kind or quality or lesser qualifications and responsibilities to which such - employee may be assigned from time to time which are in the best interest of Augusta-Richmond County. 4. F.' Official CODY of the Plan The Director of Human Resources shall be responsible for maintaining an official copy of the Position Classification and Pay Plan. The official copy shall include a list of class titles and job descriptions plus all amendments. The ~osition Classification and Pay Plan shall be' confidential and only available to the Administrator, Mayor, and members of the Augusta-Richmond County Commission-Council. .. G. Amendments to the Plan When there is a need for the establishment of new positions or the abolition of current positions, the Director of Human Resources shall submit findings and recommendations to the Augusta-Richmond County Commission-Council, which shall take such action as deemed appropriate. All such changes in .the position classification and pay plan shall be in the form of amendments to the plan which are approved by the Augusta-Richmond County Commission- Council. ., ~ " 7 ~ Section 4. Rate of Pay A. New Emolovees New employees shall be paid the minimum rate of pay for the class to which they are assigned, subject to the following exceptions which require the approval of the Administrator and/or the Augusta- Richmond County Commission-Council. 1. If an applicant in a particular position does not meet the qualifications stated in the job . description or if certain class.es of work require a formalized training period which is of unusual duration, and the needs of the government can best be met by placing an individual in a training capacity, the Administrator may' designate such position as a "trainee" position. Appointment to a "trainee" position shall be at a salary range not more than 10 percent below the minimum rate established for the classification. 2. If an applicant exceeds the minimum qualifications for the positi9n, such applicant may be started at a rate up to 4 steps (or 10%) above the starting salary for the classification. A written request for a starting salary 10% above the starting salary for the classification shall be submitted to the Director of Human Resources, who will submit such request to the Administrator, along with a recommendation on the request based on facts presented by the Department Director making the request. All requests must be in writing and there shall be no offer or representation of an increased starting salary to the applicant. B. Promotion 1. An employee shall be promoted when: (a) The employee is transferred to a position classified in a higher pay range. (b) The employee's position is reclassified to a classification having a higher pay range. 2. Promotions may occur within a department or between departments. 3. At the time an employee is promoted to a previously established position in a clas~ification with a higher pay range, a salary increase may be granted of: 8 ~ Cj . ' , (a) Up to 15% above the employee's current salary and placed on nearest step; or (b) Up to the minimum of the new classification, whichever is greater. C. Part-time and Temporary Emplovrnent Pay for part-time and temporary employment in a position shall be equivalent to the hourly rate for full-time employment in similar positions, provided all qualifications for the position are met. D. Overtime Overtime is work beyond 40 hours within a workweek or in the case of a Firefighter, in excess of 212 hours during a 28-day work period. All overtime must be approved by the department director in advance and, other than for Firefighters, is subject to the approval of the Administrator. Overtime and Compensatory Time Off will be authorized in accordance with the Fair Labor Standards Act as amended. In the computation of payment of overtime, pay will be for actual hours worked which excludes using holidays and any type leave in computing overtime pay. Salaried Exempt employees are not entitled to receive overtime. .. E. Increases in Salaries Increases in pay for Augusta- Richmond County employees shall be governed by the following principles. 1. Any employee shall be initially employed for a probationary period not exceeding twelve months. (Employees of elected officials do not serve a probationary period.) 2. The pay plan consists of twenty-eight pay grades. The Augusta-Richmond County Commission-Council may add or delete pay grades as deemed necessary, based upon the recommendation of the Administrator and the Director of Human Resources. 3. Each pay grade shall have a pay range with an entry rate and steps placed at 2 1/2% intervals. The range between the entry rate and the maximum rate is approximately 50 percent. ~ 4. After an employee reaches the maximum rate within a pay grade, such employee shall only be entitled to across-the-board salary adjustments and additional compensation as may be determined by the Augusta-Richmond County Commission-Council. An employee's annual salary will not change; 9 " however, the gross earnings for the year will reflect the additional compensation amount, if any. 5 . Each department director shall file an annual performance evaluation report on each employee within that department. This report shall become a permanent part of each employee's human resource file. 1 6. In order for an employee to receive a merit increase, the following are required: (a) performance evaluation for current fiscal year; (b) recommendation by the department director; and (c) approval by the Director of Human Resources (which will then forward notice of the increase to the appropriate approving 'authority) . 7. In order to move to a higher pay grade, an employee must apply for a new position within a higher pay grade or be an incumbent in a position which has been reclassified to a higher pay grade. 8. Annually, the Augusta-Richmond County Commission- Council will consider the salaries within all pay grades on an equal percentage basis. The Augusta- Richmond County Commission-Council shall determine what percentage increase, if any, will be allotted for increases to employee salaries. The percentage for cost-of-living pay increases will change the entry rate, steps, and maximum rate for each pay grade of the salary schedule. 9. Merit increases may be granted upon the recommendation of the department director, administrative approval of the Administrator, and budgetary approval of the Augusta-Richmond County Commission-Council. Employees shall be eligible for.merit increases annually until the maximum pay rate for the classification has been reached. 10 ~ '. Section s. Applications and Examinations A. Announcement of Vacant Positions Except as otherwise provided below, all vacancies in the classified service shall be publicized by posting announcements outside of the Human Resources Department office on the official job vacancy bulletin board located on the 6th floor of the Augusta-Richmond County Municipal Building, Room 601, or in other places and by such other means as the Director of Human Resources deems .advisable. The announcements shall specify the t.itles and entry level salaries of the vacant positions;t' qualification requirements, manner of making application and other pertinent information, and shall specify the date, time and place of examinations (if required) for the positions. Applications will be posted for six (6) working days with applications accepted on Tuesdays and Thursdays following the announcement by the Director of Human Resources. In the event a second vacancy within the same classification occurs within 90 days of an earlier posting for that classification, applications filed in response to the earlier posting may be considered for the second posting. However, beyond 90 days, the job will be reposted or advertised. As to the Fire Department, all applicants for Firefighter Suppression positions will be required to 'take a written examination and undergo agility and other physical tests as might be required by the Fire Department. Those applicants successfully completing said written examination and other tests will be placed on a list established and maintained by the Fire Department. Hir~ng for the Fire Department ~ill be made from such list for a period of three (3) months, or until the list is exhausted, at which time new applicants will be allowed to undergo the examination and testing procedures. B. Aoolication Forms All applicants for positions in the classified service of Augusta-Richmond County shall submit an application on applications provided by the Human Resources Department to the Georgia Department of Labor. All applicants shall provide proof of identity and work authorization as required by federal law. The application forms shall require information concerning training, experience, and other pertinent information, and shall be signed by the applicant. : 11 No person shall be employed by Augusta-Richmond County unless and until such person ha$ made application with the Human Resources Department. C. Employment Reauirements All positions in the classified service shall be open only to persons who meet such requirements as are listed on the public announcement of the vacancy. Such requirements may include but are not limited to the following factors: experience, education, and training. Applicants considered for employment/rehire will be screened for illegal drugs as a part of the pre-employment process. Applicants will also be subject to a complete background and reference check by the Human Resources Department. Applicants for Firefighter positions in the Fire Department will be required to meet such physical standards (including without limitation height and weight standards) as may be established by the Fire Department. (Such standards are set forth in the Augusta-Richmond County Fire Department Operations Manual (the "Manual")). Applicants for Firefighter positions in the Fire Department will also be required to meet all standards and requirements of the State of Georgia for employment of Firefighters, including without limitation the "Employment Requirements" of the Georgia Firefighter Standards and Training Council. A copy of these requirements is maintained by both the Human Resources Department and the Fire Department and may be reviewed there upon request. Applicants for Firefighter positions in the Fire Department will also be required to pass written examinations and other requirements as may be set for~h in the section of the Manual titled "Firefighter Qualifications." . D. Receipt and Duration of Applications Applications"from all persons desiring employment shall be accepted on Tuesdays and Thursdays between 9:00 a.m. and 4:00 p.m. Applications are only valid for 90 days. E. Reiection of. Applications The Director of Human Resources may reject an application which indicates that the applicant is deficient in any or all of the requirements as specified in the public announcement of the vacancy. An applicant may also be rejected for fraud or deception in the completion of the application, or if his or her past record of employment is determined to be unsatisfacto~T by the Director of Human Resources. 12 Open Competitive Appointments Positions to be filled by recruitment from outside the classified service shall be filled through a competitive process open to the public. This process may include, but shall not be limited to: ratings of training and experience; written, oral, physical or performance tests; or any combination of these as determined by the Director of Human Resources. Factors such as education, job-related qualifications, and experience may be taken into account in making employment decisions. The Director of Human Resources may require the applicant to submit proof of education and military service or any other such documentation as is deemed necessary. G. Promotional Appointments Promotional appointments shall be open to all employees who meet the training and experience requirements included in the position description or who have an equivalent combination of experience and training which provides the required knowledge, skills and abilities. Factors such as education and other job-related qualifications may be taken into account in making promotional appointments. F. Section 6. Appointments A. Initial Appointments All employees of Augusta-Richmond County shall be appointed upon the recommendation of the appropriate department director. Department directors who are elected officials, and boards, commissions, and authorities which adopt these policies, have approval authority for their respective departments. ;, B. Types of Appointments When ini~ially hired, person~ employed by Augusta-Richmond County shall be given one of the following types of appointment_by the Administrator: ~ .' 1. Probationary A probationary appointment is an appointment to a posit,ion in the classified service. An employee serving a probationary period may be discharged or returned to his or her previous position at the discretion of the department director and shall not have the right to utilize the grievance and appeal procedure set forth in this policy. 2. Temporarv Temporary appointments may be made to fill positions which are authorized and established for a specified period of time, when the work of an agency requires the services of one 13 or more employees on a seasonal or intermittent basis, or in cases of emergency. Temporary appointments shall not exceed 90 calendar days; however, extensions to such appointments may be granted by the Administrator. 3. Part-time Appointments A part-time appointment is an appointment to a position which indicates the employee is to work on a continuing basis, but will work less than the normal time specified for regular appointments. 4. Reoular Appointments A classified employee given an init.ial probationary appointment shall be given a regular appointment upon satisfactory completion of the probationary period. Section 7. Probationary Period A. Obiective No employee shall have a property interest in his or her position during the probationary period. During an employee's probationary period, the employee may be terminated or returned to his or her previous position without notice. B. Duration The probationary period shall be twelve (12) months in duration from initial appointment or promotion. c. Promotional Appointments The probationary period shall apply to promotional appointments in the same manner as initial appointments. . . D. Interruption of probationarv'period If an employee is laid off during a probationary period ~nd such person is subsequently reappointed in the same department, he or she may be given credit for the portion of the probationary period completed before the lay-off. E. Probationary Period Reports Employee performance evaluation is conducted at regular periodic intervals by the employee's immediate supervisor or department director. Employees will be evaluated at six (6) month intervals during the probationary period and on an annual basis (anniversary date) thereafter. No later than 5 working days prior to the expiration of the employeeis probationary period, the department director shall notify the Director of Human Resources in wr~.ting as to whether or not the employee has completed the probationary period. Failure to send such a notice 14 ~ - , shall be construed as completion of the probationary period by the probationary employee. Section 8. Promotions and Transfers A. All Emolovees 1. Policy It shall be the policy of the Augusta- Richmond County Commission-Council to fill vacancies in the .classified service, as far as practicable, by.promotion of existing employees. To this end, closed examinations may be held at the call and under the direction of the Director of Human Resources. 2. Political or Partisan Endorsement Prohibited Promotions to positions in the classified service shall be based upon merit and qualification for promotion only. No consideration shall be given to political or partisan endorsement. 3. Intra-Deoartmental Transfers The appropriate department director may, at any time, transfer an employee in the classified service under his or her jurisdiction from one position to another in the same class in the same department. An intra-departmental transfer of an employee to a position in another class shall be made only between classes within the same pay ranges. The Human Resources Department shall be notified of such changes in assignment. 4. Inter-Deoartmental Transfers A transfer of an employee from one department to another shall require the approval of both departmen~ directors concerned. Requests for such_transfer shall show how the employee concerned meets the qualification requirements of the class to which the transfer is proposed. 5. Pay Grade After Transfer An employee who is transferred shall receive the rate of pay for the new position, subject to the application of Section 4.A. hereof. 6. Promotional Examinations The Director of Human Resources shall conduct competitive promotional examinations in accordance with these policies and procedures. In competitive promotional examinations, the Director of HUMan Resources shall admit to the examination all employees who meet the published qualification requirements. 15 ~ All written examinations will be conducted by the Human Resources Department. 7. Illeqal Substances Screeninq Any employee considered for promotion and/or transfer to a safety-sensitive position will. be required to pass an illegal substances screening prior to being awarded such promotion and/or transfer. 8. Promotion Probation Individuals promoted or advanced will serve on a probationary basis for one (1) year from the effective date of promotion. If, during the promotion probation period, it is determined that the promoted individual cannot adequately perform the promoted position, that employee will be returned to his or her previous position if .that position has not been filled. If that position has been filled, the employee will be placed in another available position with the government. If no positions are available, the employee will be laid off. B. Firefiahters 1. Generallv Vacant positions, above entrance level, will be filled whenever possible by promotion from within, the Fire Department. Announcements of promotional examinations will be posted on bulletin boards and supervisors will have the responsibility to ensure that 'employees are informed of promotion procedures and examination schedules. See section of Manual titled Promotion Selection. 2. Oualifications for Promotion Fire Department: Battalion Chief: Three (3) Years Service Three (3) Years Service Three (3) Years Service as Lieutenant, since date of employment Three (3) Years Service as Captain, since date of employment Three (3). Years Service as Battalion Chief, since date of employment i Driver/Operator: Lieutenant: Captain: Assistant Chief: 16 Fire Prevention, Arson, Training Divisions: Inspector: Sr. Inspector: Chief Inspector: cTraining Officer: Sr. Training Officer: 3. Selection for Promotion Two (2) Years Service Two (2) Years Service as Inspector, since date of employment Two (2) Years Service as Senior Inspector or Captain, since date of employment Two (2) Years Service as Lieutenant, since date of employment Two (2) Years Service as Officer or Captain, since date of employment Notice of Vacancy A notice of vacancy for promotion will be posted in each work place within five (5) days of notification by the Fire Chief to the Human Resources Department. Vacancies will be posted for seven (7) days. The opening and closing dates will be stated in the notice. Employees eligible for and interested in applying for the promotion will sign a roster at the Fire Department headquarters. Prior to submitting the roster of applicants to the Human Resources Department, the Fire Department will list each applicant's supervisor. Selection Factors Selection for promotion will be based on five factors with the following number of maximum points: Written examination 60 Longevity 15 Education 10 Evaluation by Chief 10 Evaluation by Supervisor 5 ~ ~ 17 A written examination to be administered to all applicants will be purchased from a professional ~ source and include questions relevant to the promotional level. The test will be administered and controlled by the Human Resources Department. .. Test scores will be finalized within five (5) days of the administration of the test. An applicant may be awarded a maximum of 60 points based on test.performance. Within ten (10) days of the closing date for the vacancy, the Human Resources Department will determine longevity points for each applicant. Applicants will be given one promotion point for each year of continuous service up to fifteen years. Points will be awarded for educational achievement beyond the minimum educational requirements for employment with the Fire Department. Each applicant shall be evaluated by the Chief of the Fire Department or his designee as to his/her potential to perform in the position applied for, on evaluation forms supplied by the Human Resources Department. The Chief shall complete all evaluations and return them in sealed envelopes to the Human Resources Department. Each applicant shall be evaluated by his Supervisor as to his/her potential to perform in the position applied for, on forms. supplied by the Human Resources Department; provided, however, that if the applicant has not been supervised by . the same individual for at least 90 days, that applicant shall be evaluated by his previous supervisor. The Supervisor shall complete all evaluations and return them in sealed envelopes to the Human Resources Department. Selection Points from the longevity and written examination areas will be tabulated by the Human Resources.Department. A total tabulation sheet will be furnished to the Fire Department within five (5) days of the date of administration of-the written examination. 18 , ..J The Fire Department will notify selected personnel in writing and will publicly post rankings by total score within five (5) days of receiving tabulated scores. Individuals may review both areas of their tabulated scores in the Human Resources Department at their request. 4. Promotion Examinations Promotion examinations will be conducted when a vacancy exists and a current list of eligible employees is not available. A list of five (5) eligible employees will be established, and the top one (1) person, based on score, will be chosen for promotion. The four remaining candidates will be placed on a promotion list that will remain active for twelve (12) months, or until the list is exhausted. In the event another promotion vacancy arises, the next-highest-scoring candidate of the remaining four will be chosen for the promotion, and so forth until the expiration of the twelve-month period or the exhaustion of the list. If there are two (2) vacancies, the promotion list will contain six (6) names, if three (3) vacancies, seven (7) names, etc. Section 9. Emolovee Performance Evaluation A. Obiective The purpose of the employee performance evaluation shall be primarily to inform employees of how well they are performing their work and how they can improve their work performance. Such performance evaluation may also be used in determining merit raises, as a factor in determining order of lay-off, as a basis for training, promotion, transfer or'dismissal, and for such other purposes as may be set forth in these policies. B. Period of Evaluation All employees except temporary and part-time workers shall be evaluated annually; probationary employees are..also evaluated after six (6) months of employment (mid-way through the probationary period). An employee shall not be eligible for a merit pay raise until the performance evaluation form has been completely processed. z c. Evaluations Evaluations shall be prepared by the immediate supervisor of each employee and reviewed by the department director. An employee in a supervisory position who is lea'ripg the position shall be required . 19 to submit performance eval~ation forms on all the employees under his or her supervision who have not been evaluated within the previous six-month period. D. Performance Evaluations Confidential Performance evaluations shall be confidential and shall be made available only to the employee evaluated, the employee's department director, the Director of Human Resources, the Administrator, and the Augusta-Richmond County Commission-Council. :.; Section 10 - Separations A. TYPes of Seoaration From the Classified Service Separations and/or terminations from positions in the classified service shall be designated as one of the following: (1) resignation; (2) failure to report for work; (3) lay-off or reduction in force; (4) disability; (5) loss of job requirements; (6) dismissal or discharge; (7) retirement; and/or (8) death. 1. Resianation An employee shall submit to the department director written notice of resignation at least 14 days in advance of the effective date of resignation. Immediately upon receipt of such notice of resignation, the department director shall forward the same to the Human Resources Department~ Failure to comply with this rule shall be entered on the service record of the employee. 2. Failure to Reoort for Work Any employee not on authorized leave of absence who fails to report for work for two (2) consecutive days (or two (2) consecutive shifts for Firefighters), or who fails to contact his/her supervisor reg~rding his/her absence for two (2) consecutive days (or two (2") consecutive shifts for Firefighters), for any reason, may be terminated for failure to report for work. Any employee terminated for failure to report for work shall have the right of appeal in the manner set forth in Section 12 of these policies and procedures. 20 3. Lav-off or Reduction in Force Any involuntary separation not related to an employee's conduct shall constitute a lay-off or reduction in force. a. Reasons for Any employee may be laid off because of shortage of funds or work, abolishment of the position, material changes in the employee's job duties or organization of the employee's department, economic conditions or related reasons beyond the employer's or the employee's control which do not reflect dissatisfaction with the service of the employee. The duties previously performed by any laid-off employee may be reassigned to other employees holding positions in appropriate classes. b. Notice to Deoartment Director Whenever the lay-off of any employee shall become necessary, the Augusta-Richmond County Commission-Council shall notify the department director at least 30 calendar days in advance of the intended action of the necessity for such lay-off and the reasons therefor. The department director shall thereupon furnish to the Director of Human Resources the names and job titles of the employees to be laid off and the order in which such lay-off shall be effected. c. Order of Lav-off Should it become necessary to reduce the number of employees within a given class in any department, such employees shall be laid off on the basis of the following three factors to be weighted equally: length of service in class, length of service with the government, and performance evaluations for the last three years. d. Soecial Cases Should a department director determine that the retention of a certain employee is essential to the effective operation of the department because of the fact that such employee possesses special skills or ability, and should the department director wish to retain such employee in preference to another with a higher rating, then the department director shall submit a written request to the Di~ector of Human Resources. Such notification shall set forth in detail the specific skills and abilities ; 21 ~ possessed by the employee and the reasons why such employee is essential to the effective operation of the department. With the approval of the Augusta-Richmond County Commission-Council, the individual may be · retained. e. Notice to Emplovees Regular employees to be laid off shall be notified in writing by the Director of Human Resources at least fourteen calendar days prior to the effective date of the lay-off. 4. Disabilitv. A department director, with the approval of the Director of Human Resources and the Administrator, shall have the right to direct any employee within such department to undergo a medical examination or inquiry that is job related and consistent with business necessity. Medical examinations or inquiries may be job related and necessary under several circumstances, including but not necessarily limited to, the following: (a) it is required by applicable law or regulation; (b) to determine whether individuals in safety sensitive and physically demanding jobs continue to be fit for duty; (c) when an employee is having difficulty performing his or her job effectively and the examination is necessary to determine if the employee can perform the essential functions of the job with or without an accommodation; (d) when an'employee wishes to return to work after an injury or illness, a medical examination may be required to: a. determine if the individual meets the Americans with Disabilities Act ("ADA") definition of an "individual with a disability," if an accommodation has been requested, and if so, identify an effective accommodation, " 22 ';; ~ b. determine if the person can perform the essential functions of the job currently held (or held before the injury or illness), with or without reasonable accommodation, and without posing a "direct threat" to health or safety that cannot be reduced or eliminated by reasonable accommodation, or c. identify an effective accommodation that would enable the person to perform essential job functions in the current or previous job, or in a vacant job for which the person is otherwise qualified; In any event, the scope of the medical examination and/or inquiry shall be job related and consistent with business necessity. An otherwise qualified individual with a disability within the meaning of the ADA shall be afforded the reasonable accommodation(s) necessary to allow the employee to perform the essential functions of the employee's position. 5 . Loss of Job Requirements Any employee who is unable to do his or her job adequately because of loss of a necessary license, certification or other requirement shall be placed on leave without pay. An employee may elect to use accrued vacation before being placed on leave without pay pursuant to this section. The license, certification or requirement should be reacquired within 60 days or the employee will be discharged. Employees losing job requirements are ~equired to report such loss to their department director . within 72 hours .of such loss. Provisions relating to loss of certification or other job requirements for Firefighters are contained in the Manual section titled "Firefighter's Certification." Under O.C.G.A. sec. 25-4-8, the conviction of certain drug- related offenses may cause a Firefighter to lose certification. Firefighters should reacquire "certification within 60 days or the Firefighter will be discharged. Firefighters losing certification are required to report the loss of certification to the Fire Chief within 72 hours of the loss. 23 6. Dismissals Dismissals shall constitute discharges or separations from employment and shall be governed by the provisions of Section 11 of these policies and procedures as hereinafter set forth. " .. 7. Retirement The retirement of an employee shall consist of the voluntary separation of an employee who has met the requirements of age and length of service under the laws governing any applicable pension fund of which such employee may be a member. 8. Death. Separation shall be effective as of the date of the death of the employee. All compensation, including vacation, due to such employee as of the effective date of separation shall be paid to the beneficiary of the employee, the surviving spouse of such employee, or to the estate of such employee, as may be determined by law or by the applicable executed documents in the personnel folder of such employee. B. Return of Auausta-Richmond County Property Any and all property of Augusta-Richmond County or any of its agencies which is in the possession of an employee who is separated from employment shall be immediately returned to the appropriate department by that employee. The department director of such employee is responsible for collecting said property from said employee. C. Exit Interviews All employees separating from Augusta- Richmond County employment (other than employees of Elected Officials) shall be interviewed by the Director of Human Resources or a designated Human Resources staff member. D. Final Paychecks for Terminated Employees All final- paychecks will be distributed by the Human Resources Department, whereas an employee who has direct deposit, their final paycheck will not be direct deposited and will be available in the Human Resources Department. Section 11. Disci~linarv Actions A. Intent Effective supervision and good employee relations should reduce to a minimum those instances necessitating disciplinary action. The establishment of rules and re~llations and the imposition of disciplinary action for a violation thereof are not intended to restrict the rights of any employee, but 24 .- ~ B. are for the "pti~ose of insuring' fhe rights of all and for securing cooperation and orderliness throughout the classified service. The severity of the disciplinary action imposed should be related to the gravity of the offense, the employee's record of disciplinary action, and the disciplinary action imposed in similar cases. Any disciplinary action imposed shall be for just cause. The Augusta-Richmond County Commission-Council will not allow discrimination against any employee because of race, color, religion, sex, age, national origin, disability/handicap, or political affiliation. Conduct Subiect to Disciolinarv Action The following actions shall constitute just cause for disciplinary action but the imposition of disciplinary action shall not be limited to the offenses set forth: 1. The arrest or conviction of a felony, or of a misdemeanor involving moral turpitude. 2. Excessive absenteeism (6 occurrences within 6 months, unless justified under Augusta-Richmond County policies). Does not apply to Fire Suppression- Personnel. 3. Absence without leave, or failure to report after the expiration of a leave of absence. 4. Excessive tardiness (4 occurrences within 30 days, unless justified under Augusta-Richmond County policies). Does not apply to Fire Suppression Personnel. 5. Abuse of sick leave (6 occurrences within 6 months, unless justified ~nder Augusta-Richmond County policies). Does not apply to Fire ' Suppression Personnel. 6. Insubordination or serious breach of proper discipline. 7. Inefficiency 'or incompetency. 8. Abuse or theft of Augusta-Richmond County property. 9. The borrowing of government equipment for personal use without prior official permission. 10. The loss of job requirements: such as the loss of a necessary license, which prevents the adequate performance of assigned duties. 25 ~ 11. The making of false statements to supervisors, officials, the public, boards, commissions, or agencies. .;; 12. The violation of Augusta-Richmond County ordinances, administrative regulations, departmental rules, or these policies and procedures. 13. The consumption, sale, or possession of alcoholic beverages and/or illegal substances while at work~ or being intoxicated on the job, or being otherwise affected on the job because of the prior use of some illegal substance. 14. The discovery of a false statement in an application or other records. 15. Acceptance of gratuities in conflict with state law or Augusta-Richmond County ordinances. 16. The refusal, when so directed, to be examined by a licensed physician designated by Augusta-Richmond County. 17. Political activity in conflict with Section 23 of these policies and Procedures. 18. Engaging in offensive conduct or using offensive language toward the public, superVisory personnel, or fellow employees. 19. Sexual harassment and other harassment as explained in the Policy and Procedures on Harassment (Section 21F) . 20. Solicitation and Distribution Solicitation by Augusta-Richmond County employees is prohibited when the person soliciting or the person being solicited is on working time. Working time is the time an employee is expected to be working. Distribution of literature by employees in working areas is prohibited. Distribution of literature by employees in nonworking areas during their working time, as defined above, is prohibited. 21. Gross misconduct, other than specifically listed above. 26 ... : 22. Violation of the rules and/or provisions set forth in the Augusta-Richmond County Safety/Risk Management Manual. C. Tvoes of Disciolinarv Action A department director, . subject to the employee's right of appeal as provided in Section 12, shall have the following alternatives when disciplining an employee. 1. . Reorimands a. Oral Reorimand An oral reprimand is a progressive discipline measure which may be issued for an incident, action, or behavior which does not warrant more severe ' disciplinary action. In the oral reprimand, the supervisor will verbally and privately explain to the employee that he or she is being reprimanded, describe the problem, and indicate what must be done to correct the problem. b. Written Reorimand Where the incident, ' action, or behavior of the employee is such as not to initially warrant a more severe type of disciplinary action, a written reprimand may be issued for first or second offenses including but not limited to unauthorized absence from duty (for less than three (3) days), abuse of sick leave privileges, frequent unexcused and excessive tardiness, inattention to duty, insubordination, improper conduct or loss or destruction of property. Writte~ reprimands shall be issued by' the department director to the affected employee, and a copy of same shall be forwarded to the Director of 'Human Resources and filed in the personnel folder 'of such employee. 2. Susoension a.A department director may suspend without pay any employee under his or her supervision for a period of not less than 7.5 hours nor more than ten (10) working days. b. A written statement specifically setting forth the reasons for such action and the length of time of such suspension shall be furnished by the department director to the 27 affected employee, and a copy of same shall be sent to the Director of Human Resources and filed in the personnel folder of such employee within one (1) working day of the effective date of the action. :.; c. An employee may be suspended for a period longer than ten (10) working days upon the express approval of the Administrator, pending the investigation or trial of any charges against such employee. d. Any employee arrested on felony charges or charges of misdemeanor involving moral turpitude is required to notify their Department Director of such arrest within 72 hours of such arrest. An arrest for a felony or a misdemeanor involving moral turpitude as defined under Georgia law shall constitute the basis for immediate suspension with pay for a period of five (5) days during which the Director of Human Resources will conduct an investigation to determine whether the pending charges will affect the employee's job performance or whether the conduct which resulted in the arrest is the basis for disciplinary action. A hearing shall be held after the five (5) day investigation period and, in the discretion of the Administrator, the ~mployee may be placed on leave without pay until final disposition of the charges. If he/she elects, such employee may exhaust any accrued vacation and/or compensatory time off before being placed on leave without pay under this section. 3. Dismissal a. When a regular employee is charged with misconduct that serves as just cause for dismissal, the department director shall place the employee on a three (3) day, paid, administrative suspension with a recommendation for dismissal. b. A written statement specifically setting forth the reasons for suspension with recommendation for dismissal shall be forwarded to the Director of Human Resources for approval. The Director of Human Resources will then arrange to provide the approved statement to the affected employee, 28 .. ahd ~ copy of the same shall be furnished to the Administrator within one (1) working day of the effective date of the action. c. The Administrator shall ensure that a written notice of the charges has been furnished to the affected employee and shall conduct an investigation to assure that the charges are substantiated and that no errors relevant to the charges were made by the person proposing the dismissal. d. Within three (3) working days of the affected employee being notified of the charges, the Administrator shall hold a conference at which the employee shall be authorized to present information which is pertinent to the charges on his/her behalf. e. The Administrator shall render a decision on the proposal for dismissal based on all of the relevant information. f. The Administrator shall advise the employee of his/her right to appeal the decision under the grievance procedure. g. A probationary, temporary and/or part-time employee may be dismissed at any time, for any or no reason, and is not entitled to the grievance and appeal provisions set forth in these policies and procedures. 4. Notification of Riqht of Appeal Any written notification submitted to a regular employee who is being subjected to disciplinary action shall set forth the right of the employee to appeal such action to the Personnel Board in the manner set forth in Section 12. Oral and written reprimands are not grievable actions. 5. Riqht of Appeal a. Classified employees subjected to the following actions have a right to appeal such action. Formal appeals should be submitted to the Director of Human Resources as set forth in Section 12. 1. Any regular employee in the Classified Service subjected to suspension, ~ 29 dismissal or other disciplinary action (except for oral and/or written reprimands) . 2. Any regular employee in the Classified Service who is subjected to action (except for an oral or written reprimand) as a result of the application and interpretation of these policies and procedures, and is aggrieved thereby. . b. Any applicant for a position in the Classified Service can appeal to the Director of Human Resources for non-acceptance of an employment application or an alleged error in rating a test or examination procedure. c. Any applicant or employee may appeal to the Director of Human Resources if the applicant or employee believes that employment discrimination or sexual harassment occurred against said applicant or employee. d. Initial probationary employees may only appeal alleged employment discrimination or sexual harassment. Section 12. Grievance and Appeal Procedures A. Intent 1. In order to perform efficiently, employee grievances should receive prompt consideration and equitable resolution. Whenever possible', grievances should be resolved or adjusted informally, and both supervisors and employees shall be expected to make every effort to do so. With respect to those grievances which cannot be so resolved, employees shall be entitled to process the grievances as hereinafter provided. 2. These procedures governing the processing of grievances and providing the right of appeal are established for the purpose of eliminating or correcting justifiable complaints or dissatisfaction of regular employees or certain complaints of probationary employees; insuring that all emplcyees shall be afforded fair, equitable and expeditious review of their grievances without fear, coercion or 30 . discrimi~~tioni and providing a systematic and orderly method for resolving complaints and differences between employees and supervisory or management personnel. B. Personnel Board There is established a Personnel Board of which the composition, appointments, terms of office, selection of chairman, filling of vacancies, removal from office, compensation, powers and duties are set forth in the Augusta-Richmond County Code. C. procedure'for Grievance Resolution Any regular employee in the classified service who has been suspended, dismissed, or subjected to any other type of disciplinary action (except oral or written reprimand) , or who is aggrieved as a result of the interpretation and application of these policies and procedures, and any employee (regular or probationary) who has been subjected to any alleged harassment or discriminatory action that is prohibited by federal or state law, shall h~ve the right to utilize the grievance and appeal procedure hereinafter set forth. 1. A formal grievance shall not be initiated unless and until the employee has discussed the grievance with their immediate supervisor and department director. 2. Within five (5) working days of the disciplinary action, a regular employee must submit his written grievance to the Director of Human Resources. 3. Within five (5) working days of the receipt of the written grievance, the Director of Human Resources will arrange 'an appointment with the employee, Department Director, Administrator, and himself/herself to discuss the problem and, hopefully, reach a solution. If a settlement is not reached within three (3) working days of the initial meeting, the grievance is carried to step 4. 31 4 . Within five (5) working days following the three (3) working day settlement period, the Director of Human Resources will submit all documentation, to include a statement of charges, to the Personnel Board. The board will then conduct a general investigation into the charges according to the following procedure: ~ a. At its next scheduled meeting, the Personnel Board will hold an open hearing and receive the evidence in relation to the matter. b. Within five (5) working d~ys of the hearing, a decision will be rendered by the majority of the voting members of the Personnel Board. The Human Resources Director will notify the employee in writing of the decision of the Personnel Board. 5. No punitive, discriminatory, or adverse action shall be taken against any employee on account of the filing of a grievance or an appeal. Section 13. Emplovee Development A. In-Service Traininq The Director of Human Resources shall be responsible for fostering and promoting in-service training of employees for the purpose of improving the quality of service and assisting employees in preparing themselves for advancement. Section 14. Records and Reports A. Personnel Transactions All appointments, separations, and other personnel transactions shall be recorded on forms provided by the Human Resources Department. A separate file folder shall be prepared and maintained for each employee and shall contain the original or a copy of all pertinent documents. All medical information shall be maintained separately from the employee personnel files and kept confidential. The official personnel record for each employee shall be maintained at the Human Resources Department. 32 B. Public Insoectlon The following information relative to employees and former employees shall be available for public inspection at reasonable times and in accordance with such procedures as the Administrator may prescribe: name, class title, and salary range. Selection records and performance rating reports shall be accessible only to the Administrator, the department director concerned, the Augusta-Richmond County Commission-Council, and the employee involved. Other personnel information may be made available for official.purposes at the discretion of the Administrator and as required by law or legal process. , C. Confidentiality All personnel records of employees covered under these regulations and all other records and materials relating to the administration of the personnel system shall be considered confidential and the property of Augusta-Richmond County Commission- Council. Information which is obtained in the course of official duties shall not be released by an employee charged with this responsibility as part of official duties. D. Destruction of Records Employee service records shall be kept in accordance with state and federal regulations after termination of employment. Such records may be kept in their original form or in any other duplicate form the Director of Human Resources deems appropriate. All other records, including correspondence, applications, and examinations may be destroyed in accordance with federal or state laws. E. Attendance Records Regular attendance reports shall be prepared and submitted by each department director as requested by the Director of Human Resources and in the form designated by the Director of Human Resources. F. Personnel Record Chanaes Employees are responsible for immediately informing their immediate supervisor of any change in their name, address, telephone number and/or social security number. Supervisors receiving personnel record changes are responsible for immediately forwarding a copy of said changes to the Director of Human Resources. 33 ; << Section 15. Payroll A. Initial Aooointment Upon the appointment of any employee to .the classified service, the Department Director shall submit to the Human Resources Department such information as is necessary.to certify the employment status, title or position~ and salary or wage of such employee. B. Payroll Adiustments ; 1. Each department director shall be responsible for immediately notifying the Human Resources Department of any occurrences or actions taken which require an adjustment in the salary or wage of any employee or employees under the supervision of such department director. 2. Upon the receipt of such notice, or upon the taking of any action by the Augusta-Richmond County Commission-Council which requires an adjustment in the salary or wage of any employee or employees, the Human Resources Department shall make such payroll adjustments for such employee or employees as may be required. C. Time Cards Any employee required to complete a time card for hours worked during a particular pay period is required to complete such time card completely and accurately. Any failure to do so will result in the withholding of that employee's payroll check until such time as a complete and accurate time card for that pay period is presented to the Human Resources Department. It is the responsibility of all immediate supervisors to oversee the completion and signing of time cards by employees other than in the Fire Department. All time card records for the Fire Department will be centralized at the Fire Department Headquarters and are available for review by any Firefighter upon request. D. RecovervofSalaries Imorooerlv Paid Officers and employees may be held liable for the return of salaries . improperly, accidentally, or illegally paid to employees. 34 " , E. , . . . Voluntary Dedu~tion Upon the fe~est in writing of any employee, which request must specify the reasons therefore, Augusta-Richmond County Commission-Council shall be authorized to provide for automatic payroll deductions for such employee, in such amount as the employee shall specify, for the 'purpose of contributing to personal savings plans, pensions or other personal financial' investment plans. Firefighters may authorize Augusta-Richmond County Commission-Council to make automatic payroll deductions for payment of Police and Fireman's Insurance premium payments. No deductions shall be allowed where prohibited by State law. All voluntary deductions must be approved by the Director of Human Resources. Section 16. Attendance and Leave = A. Hours of Work The established work week or work period and the hours of work shall, insofar as practicable, be uniform within occupational groups and shall be determined in accordance with the needs of Augusta- Richmond County and the reasonable needs of the public who may be required to do business with various Augusta-Richmond County departments. The work schedule for each department shall be established by the department director with the advice and approval of the Director of Human Resources. B. Attendance Each department director shall be responsible for the attendance of all persons in his or her department. Each department shall maintain complete attendance records on each employee. The Human Resources Department will maintain vacation, sick leave, overtime,. and others, as provided in Section 14. C. Break Time Employees other than Fireftghters are allowed two (2) fifteen-minute breaks per work day. One break will be taken in the morning and one in the afternoon, at times established by the Department Director." Unused break time may not be counted toward overtime and/or compensatory time, and may not be accrued or carried over. Each department director is responsible for administering break schedules and monitoring break time for their department employees. D. Use of AccruedComoensatorv Time Off Employees may use any accrued compensatory time off in order to extend any period of leave allowed under these policies and procedures, so long as the extension is approved by the '35 employee's department director and the total amount of leave time taken does not extend the six-month ;" limitation in Section 16.H.7.C.10 herein. E. Holidavs All full-time employees (except Fire Suppression personnel) shall be eligible for holiday leave for the following days and other days as designated by specific action of the Augusta-Richmond County Commission-Council: New Year's Day Martin L. King, Jr. Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas Day Holiday schedules in certain departments may vary as directed by the Augusta-Richmond County Commission- Council. 1. Whenever a holiday falls on a Saturday, the preceding Friday shall be designated a substitute holiday and observed as the official holiday for that year. When the holiday falls on a Sunday, the following Monday shall be designated as the official holiday for that year. An employee who is not on approved leave such as being suspended for disciplinary reasons and fails to report on his/her scheduled work day, before or after a holiday, will not be paid for the holiday. 2. Holidays which occur during vacation or sick leave shall not be charged against vacation or sick leave. Full-time employees shall be paid for holidays based on the. number of hours they normally work each day, exclusive of overtime. Temporary and part-time employee~ will not be paid for holidays not worked. 3. Employees other than Firefighters scheduled to work on an official Augusta-Richmond County holiday shall be paid at one and one-half times the regular rate for each hour worked during the actual holiday or may take a subsequent day off in lieu of the holiday worked. Fire Suppression Holidav Schedule Fire Suppression personnel will be provided five (5) holidays per year. 36 F. Vacation . . 1. ~ 2 General Vacations are for the purpose of rejuvenating both physical and mental faculties and all employees are urged to avail themselves of vacation periods. Eliqibility All regular employees in the classified service shall be entitled to earn and accrue vacation. Temporary and part-time 'employees shall not be eligible for vacation. 3. Vacation Accrual ~ a. No vacation accrual is allowed while on leave of absence without pay, while suspended or while on workers compensation or salary continuation in lieu of workers compensation. b. Reaular and Probationary Employees Other Than Firefiqhters Regular and Probationary employees begin to accrue vacation immediately upon employment and will be entitled to take vacation upon completion of twelve (12) months employment. Vacation may be taken as earned or allowed to accumulate not to exceed twenty-six (26) days. Vacation shall be accrued as follows for all regular and probationary employees other than Firefighters: MONTHLY EMPLOYED ACCRUAL (from DOE*) 0 - 1 year 1/2 -day 1 - 3 years 1 ~ay 3 - 5 years 1 1/4 days 5 - 10 years 1 1/2 days 10 - 12 years 1 3/4 days 12 years and on 2 days *Date of employment c. Firefiqhters (Fire Suppression Personnel) Firefighters begin to accrue vacation immediately upon employment and will be entitled to take vacation upon completion of 37 twelve (12) months employment. Vacation may be taken as earned or allowed to accumulate not to exceed 288 hours per year. ACCRUAL SCHEDULE DAYS ACCRUED 0 - 12 months = 3.69 hrs/pay period = 96 hrs. 4 13 - 6'0 months = 4.62 hrs/pay period = 120 hrs. 5 61 - 120 months = 5.54 hrs/pay period = 144 hrs. 6 121 - 180 months = 6'.46 hrs/pay period = 168 hrs. 7 181 - 240 months = 8.31 hrs/pay period = 216 hrs. 9 240 - +++ months = 11. 08 hrs/pay period = 288 hrs. 12 **** Fire Suppression Personnel will be allowed to carry over vacation accrual from year to year, but no more than seven (7) days. **** All vacations will betaken between January 1 - December 20 of each year. **** All vacations for the next year will be scheduled prior to December 31 of the previous year. **** Maximum accrual 12 days or 288 hours. 4. Schedulinq of Vacation a. Vacation will first be scheduled. in the best interest of the department, and secondly, at the employee's convenience. Vacation must be approved by the Department Director. Generally, employees' requests for vacation shall be submitted to the department director two (2) weeks in advance of 'the beginning date of the vacation. b. Any employee assigned to a position that necessitates handling money and/or accounting records must take a regular vacation. The positions involved will be designated by the Internal Auditor and approved by the Administrator. 5. Exceptions Exceptions to this section must be approved by the Augusta-Richmond County Commission-Council. 6. Notice of Vacation A request for vacation by an employee other than a Firefighter shall be submitted to the employee's immediate supervisor at least two (2) weeks in advance of the beginning date of the vacation. Firefighter must schedule 38 their vacation according to Section 16.F. above. Vacation may be taken only after approval by the appropriate department director so that, insofar as practi~able, the depa~tm~nt can function without the hiring of additional temporary help. Vacation shall be authorized in units of days or hours only. Fire Suppression personnel must take vacation in increments of 24-hour shifts. 7. Maximum Allowable Vacation Carryover Unused vacation not exceeding 26 days may be carried into the next calendar year, other than for Firefighters. It is the intent of these rules to have employees take their vacation during the calendar year. Therefore, no payment shall be made for non-use of vacation except as provided in paragraph 9 below unless approved by the Augusta- Richmond County Commission-Council. 8 . Payment for Unused Vacation When an employee is separated from the service, such employee shall be paid for all accrued unused vacation (up to 26 days, or 168 hours for Firefighters) unless he/she fails to give proper notice of resignation as provided in Section 10 or has failed to complete twelve (12) months service. G. Sick Leave 1. General Unlike ,vacation, sick leave is a privilege given to employees by the Augusta- Richmond County Commission-Council; except as required by the Family and Medic~l Leave Act of 1993 (IIFMLA"), it is not a right. See Section 16.H.6 below, for a description of FM~ leave. Sick leave shall be allowed to an eligible employee: ; (a) in the case of actual sickness or disability of the employee or for medical, dental, or eye examination or treatment for which arrangements cannot be made outside of working hours; and (b) when the employee is required to care for a sick or injured spouse, child, or parent. Except as required by FMLA, it is inappropriate for the employee to remain absent from work if the adult or child could care for ~hemselves. A physician's certificate can be requested to verify illness for individuals under the employee's 39 care for whom sick leave is taken. Employees shall report illness prior to his/her scheduled work time if possible. If not, the employee shall see that illness is reported within 30 minutes after the time he/she is scheduled to have reported for work. Those employees working shifts 'and who relieve other employees shall be required to report illness in advance of their reporting.time. Any sick leave for a serious health condition of the employee or the employee's family member will be treated as FMLA leave. 2. Eliqibility Those employees entitled to earn vacation shall also be eligible to earn sick leave. 3. Rate of Leave Accrual Full-time regular and prob~tionary employees other than Firefighters begin to accrue sick leave immediately upon employment at the rate of one day per month. Firefighters begin to accrue sick leave immediately upon employment at the rate of 11.5 hours per month. No sick leave accrual is allowed while on leave of absence without pay, while suspended or while on workers compensation or on salary continuation in lieu of workers compensation. 4. Certification by Physician A medical certificate signed 'by a licensed physician may be required by a department director to substantiate a request for sick leave. If an employee has claimed sick leave for a period of three (3) consecutive working days, or two consecutive scheduled shifts for Firefighters, a physician's statement must be furnished to permit payment for sick leave. If'it is determined that an employee is abusing sick leave, he/she may be required to present a physician's statement for any period,of time for which additional sick leave is being requested. 5. Maximum Allowable' Accumulation A maximum of 132 days of sick leave may be accumulated for all regular,. full-time employees other than Fire Suppression personnel. Fire Suppression personnel may accumulate a maximum of 1,518 hours of sick leave. 40 ., 6. i't' No Pavrnent of Unused Sick Leave When an employee is separated from employment with Augusta-Richmond County Commission-Council, no payment shall be made for any unused sick leave. 7. Six-Month Limit No employee shall be entitled to take sick leave for a period of time exceeding six (6) months. . H , . . Other TYnes of Leave 1. Military Leave -;: a. Any regular employee who leaves the classified service to join the military forces of the United States during time of war or other national emergency, or is inducted by Selective Service, may, upon written request, prior to induction into the military, be placed on military leave without pay, such leave to extend through a date 90 days after which such service terminates. Such employee shall be entitled to be restored to the vacated position, or a comparable position, provided the employee makes application to the Human Resources Department within 90 days of the date of discharge under honorable conditions, and is physically and mentally capable of performing the work of the position. b. The returning employee shall be entitled to any increases in salary (including cost-of- living increases) or any advancement in grade which would normally be accorded to the incumbent of the position, ~ith the exception of any increases or advancement in.grade which would normally be dependent on meritorious performance of the duties of the position. c. In the event a position vacated by a person entering the military service as stated above no longer exists at the time he/she qualifies 'to return to work, such person shall be entitled to be re-employed in another position of the same status, class and pay in the classified service, provided such re- employment does not necessitate the laying off of another employee. 41 d. Any regular employee who is a member of the National Guard or an organized military reserve of the United States will be allowed leave of absence with pay. as provided under Georgia law, to comply with military orders. Any employee taking'such leave will be required to provide the Human Resources Department with a copy of said orders before the leave period begins. Such leave shall not be charged to vacation. .;;., ." 2. Funeral Leave Funeral leave with pay for up to three (3) working days (one twenty-four hour shift f9r Fire Suppression personnel) per occurrence for funerals of immediate family members will be provided. Immediate family is defined as: spouse, mother, father, children, sister, brother, father-in~law, mother~in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren. Notice of intent to utilize-funeral leave should be provided to the employee's immediate supervisor as soon as possible. In the event of unusual circumstances, such as distance to be traveled by the employee, additional funeral leave without pay may be authorized. A request for such additional leave must be submitted, in writing, along with an explanation of the circumstances,' to the Human Resources Director who will review the request and make a recommendation to the Administrator, who will either approve or deny the request. 3. Workers' Compensation, An employee who is temporarily disabled because of an injurY or illness sustained directly in the performance of his/her work may be covered by the provisions of the State Workers' Compensation Act. Any leave on account. of the employee's serious health condition, whether or,not work related, will be treated as Family and Medical Leave. Firefighters who are injured in the line of duty will 'be salary-continued in lieu of receiving workers' compensation benefits. "In the line of duty" means while on duty and while responding to or returning from a fire or other emergency or performing duties intended to protect life and property. 42 4. Temporary Disabilities Not Covered bv Workers' Compensation An employee "who becomes temporarily disabled shall be allowed to exhaust his or her accrued sick leave, vacation, and compensatory time off. After such time has been used, further extension of leave without pay may be available under Family and Medical Leave or, if Family and Medical Leave is not available, must be specifically authorized by the Augusta-Richmond County Commission-Council upon recommendation of the department director and approval of the Personnel Board. Any leave on account of the employee's serious health condition will be treated as Family and Medical Leave. S. Maternitv Leave a. Maternity leave is a period of approved absence for incapacitation related to pregnancy and confinement. Maternity leave may be charged to sick leave or any combination of sick leave, vacation, and leave without pay. Maternity leave will be treated as Family and Medical Leave. b. The employee desiring maternity leave should report the pregnancy to the department director. Such notification shall include a written statement from the attending physician specifying the approximate date of birth. d. c. An employee may be permitted to continue work so long as the conditions of the pregnancy do not adversely impair work performance or health. In consultation, the employee desiring maternity leave and the department director will determine the day maternity leave begins. The decision shall take into consideration the written medical opinion of the employee's physician, the nature of the job in terms of physical stress, and the employee's ability to perform normal job duties with full efficiency. An employee shall be granted leave without pay for maternity purposes in accordance with Section 16-G-6. Upon return to work following a maternity leave, the employee must present to the department director a " 43 medical statement from a certified physician stating that the employee has been released i from the physician's care. 6 . Familv and Medical Leave .. a. General Leaves of absence will be granted as required under the Family and Medical Leave Act of 1993 ("FMLA") for the following reasons: (1) because of a serious health condition that makes the employee unable to perform the functions of the employee's job; (2) for birth of a son or daughter, and to care for the newborn child; (3) for placement with the employee of a son or daughter for adoption or foster care; , and . (4) to care for the employee's spouse, .son, daughter, or parent with a serious health condition. A serious health condition entitling an employee to FMLA Leave means, generally, an illness, injury, . impairment or physical or mental condition that involves "inpatient care" and/or "continuing treatment by a health care provider" as those terms are defined in the FMLA. Copies of the FMLA and regulations to it are available for inspection in the Human Resources Department. 'Employees who are unsure whether a leave would qualify as FMLA leave are urged to seek assistance from the Human Resources Department. Each FMLA Leave request will be reviewed by the Department Director and the Director of Human Resouces to assure. that requests meet the guidelines as set forth in the Family Medical Leave Act. FMLA leave taken in connection with the birth or placement of a child may not be taken after the end of the 12-month period beginning on the d~te of the birth or placement. b. Eliqibilitv Only employees who have been employed for at least 12 months and have worked at least 1250 hours over the previous 12 months will be eligible for FMLA leave. 44 ~ However, exempt employees (for purposes of the Fair Labor Standards Act) who have been employed for at least 12 months will be deemed to have satisfied the 1250 hour requirement. c. Notice of Leave Employees must give at least two weeks advance written notice to the employee's immediate supervisor of the need for FMLA leave when the need for the leave is foreseeable. If the need for FMLA leave is not foreseeable, for example, is the result of an accidental injury, the employee must notify the employee's immediate supervisor of the need for leave as soon as practicable and generally, no later than 2 business days, after the employee first learns of the need for the leave. The Human Resources Department reserves the right to delay FMLA leave if notice is not timely provided, but the delay will not extend beyond two (2) weeks from the date written notice is provided to the employee's immediate supervisor. d. Certification by Physician If FMLA leave is requested for the employee's serious health condition or to care for a spouse, parent or child with a serious health condition, the employee must furnish the Human Resources Department with a completed medical certificate from a doctor or other health care provider. If the leave is forseeable, the certification must be delivered to the employee's immediate supervisor before the leave begins. The certificate must be furnished within 15 days of the date the employer.~equests the certificate. An employee requesting an extension of leave for a serious health condition or to care for a family member with a serious health condition must give notice of the need for an extension prior to the expiration of the original leave . if the need for the extension is foreseeable, and must provide another medical certificate . to support the extension. The Human Resources Department may require a second and third medical opinion at Augusta-Richmond . County's expense and may request periodic certification of the medical necessity of a leave at reasonable intervals during a leave. 45 An employee who is out onFMLA leave will be required to report periodically on his/her status and intent to return to work. '. An employee who r~turns to work following FMLA leave for his/her.own serious health condition must present a doctor's statement of clearance for work to the Director of Personnel in order to return to work. e. Benefits During FMLA leave, an employee will be eligible to retain health insurance c9verage and other group insurance benefits on the same conditions as would have been available to the employee if the employee had been actively at work during the leave, provided the employee timely pays the applicable premium to continue such coverage. An employee on unpaid FMLA leave should make arrangements with the Benefits Coordinator in the Human Resources Department if the em- ployee desires continued group coverage. f. Maximum Allowable Accumulation The total time taken for FMLA leave cannot exceed 12 weeks in any calendar year. The 12-month period is a rolling period. Each time an employee takes FMLA leave, the remaining leave entitlement will be the balance of the 12 weeks which has not been used during the immediately preceding 12 months. g. Relationship to Other Leaves An employee will be required to use any accrued sick leave and vacation as FMLA leave before being entitled to additional FMLA leave. Any leave for an FMLA reason, including sick leave, maternity leave, leave for work-related injuries and leave for temporary disabilities will be counted against an employee's FMLA entitlement. An employee's entitlement to sick 'leave, maternity leave, workers' compensation leave or leave for temporary disability will run concurrently with the employee's entitlement to FMLA leave. FMLA leave generally will be unpaid leave except to the extent an employee uses paid sick leave or vacation for FMLA leave. ~ 46 .' h. Intermittent or Reduced Leaves If it is medically necessary, an employee may take leave for the employee's own serious health condition or to care for a spouse, parent or. child with a serious health condition on an intermittent basis (for periods of time less than a full day or a full week; *NOTE: Fire Suppression personnel are not allowed to take periods of time off in less than 24-hour schedules) or on a reduced leave basis (the ~employee reduces his/her usual number of hours worked each week). Intermittent or reduced leave must be approved by the Human Resources Department and the employee may be required to transfer temporarily to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave. An employee may take family leave in connection with the birth or placement of a child for adoption or foster care on an intermittent or reduced basis only with the prior approval of the Human Resources 'Department. i. Job Restoration An employee who returns to work on or before the end of the allowable FMLA leave period will return to the same or an equivalent job and shift the employee left . with the same or equivalent benefits as required under FMLA. 7. Leave of Absence Without Pay ~ A. ~, Reauested Upon receipt of a written request from a regular employee accompanied by pertinent supportingdocument(s), a department director, after approving the request, will, forward same to the Human Resources Department, who will submit same to the Administrator for approval. Leaves without pay may be granted for an initial 3D-day period. If additional 3D-day periods are requested, a review and decision as to such request will be made by the Human Resources Department. Leaves of absence without pay may be granted for the following reasons: 1. . Military Duty 2. Illness (physician's statement required and subject to section 16.H.7.C.2., below) 47 3. Illness in immediate family (spouse, child, or parent) (supported by physician's statement stating need and subject to section 16.H.7.C.2., below) ~ 4. Advanced training to upgrade the individual for the position held or promotional opportunities. B. Reauired At the discretion of the Administrator, an employee arrested on felony charges or charges of misdemeanor involving moral turpitude may be placed on a leave of absence without pay until final disposition of the charges. See Section li.c.2.d. of these policies and procedures. C. Requlations All departments are required to adhere to the following regulations: 1. Leave without pay shall be granted only when it will not adversely affect the interests of Augusta-Richmond County service. 2. Leave without pay under this Section 16.G.7 in the case of illness maybe granted only after an employee's accrued sick leave and Family and Medical Leave has been exhausted. 3. Failure of an employee. to return to work at the expiration of approved leave shall be considered as absence without leave and grounds for disciplinary action. 4. Any employee who has been granted leave of absence other than FMLA leave and who wishes to return before the leave period has expired shall be required to give hi~/her department director at least a one week notice. Upon receipt of such written notice, the employee shall be permitted to return to work. 5. No sick leave or vacation will be earned by an employee for the time that such employee is on leave without pay. 6 . Except to the extent more is required under FMLA, an employee shall return from leave without pay to the same salary grade as at the time of commencement of leave. . ~ 48 ~. "- 8. .. 7. Except to the extent.,' more is required under FMLA, an employee returning from a leave of absence without pay shall be entitled to employment in the same department in the same or equivalent class wherein employed when said leave commenced. 8. Before beginning a leave of absence without pay, an employee must make arrangements with the Benefits Coordinator in the Human Resources Department if continued coverage under Augusta-Richmond County group insurance is desired. 9. Ariy vacancy created ,by the proper approval of such leave of absence shall not be filled unless the person concerned is notified that a permanent replacement for the position is required and the employee is given the opportunity to resume his/her position. If this requirement is met and the position filled, the replaced employee shall not have the right or privilege to cause the separation of the new employee. However,. he will be considered and given priority for vacancies that occur, provided he is qualified. Notwithstanding the foregoing, nothing shall prevent an employee who timely returns from FMLA leave from being restored to the same or equivalent job and shift with the same or equivalent benefits. 10. No leave of absence without pay may be granted or required for a period exceeding six (6) months, except as authorized by t~e Administrator. . 11. Any and all Augusta-Richmond County property in the possession of an employee who is ' , placed on a leave of absence for more than one (1) month shall be immediately returned to the appropriate department by that employee. Absence Without Leave The absence of an employee from duty; including absence for a single day or part of a day, that is not authorized by a specific grant of leave of absence under the provisions of these regulations shall be deemed to be an absence without leave. Any such abEence shall be without pay and may be cause for disciplinary action. 49 9. Administrative Leave An employee may be placed on administrative leave with pay at the discretion of the department'director and with the approval of the Director of.Human Resources and/or Administrator when such action is deemed to be in the best interest of Augusta-Richmond County. 10. JUry Dutv Leave An employee who is called for jury duty will receive his/her full salary. A copy of the summons for jury duty which is received by the employee must be furnished-to the Human Resources Department before jury duty leave begins. Employees called for jury duty are excused from reporting for work only for the time required to travel to. and from the Courthouse and the time actually on jury ~uty. If an employee (other than a Firefighter) is released from jury duty by the Court during normal work hours, he/she must return to their department as soon as possible. Any compensation paid by the court will be retained by the employee. Section 17. Nepotism It is hereby declared to be the policy of Augusta-Richmond County that there shall be no selection for employment within a department of any immediate family members of existing personnel such that a subordinate/supervisory relationship between the emplQyees would result. For purposes of this section, "Immediate Family Members" includes: spouse, child, father/mother, brother/sister, son-in-Iaw/daughter-in-Iaw, father-in-Iaw/mother-in-Iaw, brother-in-Iaw/sister-in-Iaw, grandparents, and grandchildren. A. Emplovees Who Marry Employees who_marry during the course of employment such that a subordinate/supervisory relationship between the' employees results, the employee shall notify their department director, who shall then notify the Human Resources Department. The Human Resources Department will arrange for a transfer of the employee who was last hired to a position comparable to their current position in another department. If the transfer is offered and declined by the employee, all continued rights of employment shall cease and such employee will be separated. Such a transfer of employment must occur within 90 days of the date the two employees marry. 50 Section 18. Polvqrapn, .......... r' ~ ~ This policy is to be followed in the-utilization of polygraph examinations whenever they are used as part of an investigation of alleged impropriety or misconduct by officers, employees, or agents of Augusta-Richmond County. All Augusta-Richmond County employees or agents are required to cooperate with supervisors and investigators in the process of conducting investigations of, incidents of, and reports alleging impropriety or misconduct on the part of any officer, employee~ or'agent including, but not limited to, the providing of written or oral testimony under oath and submission to an examination by polygraph. Supervisory personnel investigating impropriety or misconduct by employees, investigators employed by Augusta- Richmond County Commission-Council, or investigative agents of other organizations and agencies specifically approved and commissioned to undertake an internal investigation of any Augusta-Richmond County operated or funded activity, are authorized to employ polygraph examinations.. Polygraph examinations may be administered to as few or as many employees as deemed necessary by the investigating personnel. 'T~ ~iPolygraph examinations may be administered only by persons :employed as polygraph examiners by a law enforcement agency ~or by persons licensed by the Georgia Board of Polygraph :Examiners or licensed in some other state to conduct such :examinations. The questions asked in any polygraph examination must relate narrowly and directly to the subject's participation in the alleged impropriety or misconduct under investigation or to his/her knowledge of information pertaining to such impropriety or misconduct. Refusal of an order to submit to a polygraph examination under the circumstances covered in this policy shall be. considered to be refusal to follow a direct order and'shall constitute cause for initiation of adverse action based upon insubordination. Section 19. Smokinq Policy It is the policy of the Augusta-Richmond County to provide employees with a work environment that is both safe and healthy. The Restricted Smoking Policy of Augusta-Richmond County will, when feasible, ensure the protecticn of the health of all individual employees involved. 51 Every prominent health study conducted during the past two decades has linked smoking with a variety of major health complaints. Whether the smoker is active or passive, smoking has become a concern of most adult Americans. \ By the simple acknowledgment that smoking is both a recognized health hazard and is controllable, the adoption of a restricted smoking policy is a demonstration by . Augusta-Richmond cCounty of a commitment to the well being of the employee. Therefore, in an effort to provide a more healthful work environment, Augusta-Richmond County has implemented the following policy regarding restricted smoking in the work place of all Augusta-Richmond County employees: ' o No smoking is permitted in any Augusta-Richmond County building or facility. Smoking outside of the building in designated areas will be allowed as long as trash receptacles are consistently used and areas are kept thoroughly clean. o It is the responsibility of all employees of Augusta- Richmond County to adhere to strict enforcement of this restricted smoking policy. All supervisors are responsible for enforcing this policy in their areas of responsibility. o Employees are encouraged to assist in the implementation of this policy by informing the visiting public of smoking restrictions and providing directions to designated smoking-permitted areas outside your building. o Any noncompliance with this smoking policy by employees may be grounds for disciplinary action. Section 20. Substance Abuse Policy It is the policy of Augusta-Richmond County in recognition of the continued and growing problem of substance abuse, that the Augusta-Richmond County government shall take all reasonable measures to assure that drug and/or alcohol use by employees does not jeopardize the safety of our operations or otherwise adversely affect Augusta-Richmond County employees, the community, or the public's trust in our ability to carry out our responsibilities. Augusta- Richmond County-cannot and will not tolerate lapses in employee control of their abilities to o~erate safely and productively. It is the policy of Augusta-Richmond County that if an employee required under the Substance Abuse 3 52 -1 . Policy to be tested for substance abuse either refuses or fails such test, .~h.ey will be subje,ct."to disciplinary measures up to and including discharge. The Substance Abuse Policy adopted by the Augusta-Richmond County Commission-Council is made a part of these policies and procedures. A copy of the Substance Abuse Policy is available for review in the Human Resources Department. At times, state or federal law may require that additional :Augusta-Richmond County employees be tested, or that additional or different testing mechanisms and procedures be implemented. Said state or federal law requirements will supersede the relevant provisions of the Substance Abuse Policy and that Policy mayor may not be amended to reflect those changes prior to their effective date. Affected employees will be notified in advance of any changes as a result of state or federal law requirements. Section 21. Eaual Opportunitv and Non-Discrimination A. B. c. D. E. . PolicvAl1 applicants for positions and all employees of Augusta-Richmond County shall be assured of fair and equitable treatment in all aspects of personnel administration, including hiring, working conditions, training, promotion, and disciplinary action, without regard to political affiliation, race, color, religion, sex, national origin, age, or disability and with proper regard for their privacy and constitutional rights as citizens. Publicity The Director of Human Resources shall see that information about job opportunities and the equal employment policy of Augusta-Richmond County is readily available to all citizens of Augusta-Richmond County and especially to all potential job applicants. , . Appeals Based on Alleqed Discrimination Any applicant or employee who believes that he/she has been discriminated against shall have the right to appeal through the Director of Human Resources. Affirmative Action Plan The Augusta-Richmond County Commission-Council may adopt an affirmative action plan to formulate actions to correct employment practices which have, or potentially could have, a negative impact upon minority groups or females. Elected Officials .and their Emplovees While applicants to positions under the jurisdiction of Augusta-Richmond County elected officials and employees of Augusta- 53 r Richmond County elected officials are not specifically covered under this section, they are covered by any applicable state or federal laws governing equal opportunity and non-discrimination. \ ~ F. Statement of Policy and Procedure on Harassment Augusta-Richmond County remains committed to maintaining .a work environment that is- free of harassment or intimidation. In keeping with this strong commitment, Augusta-Ric~mond County will not tolerate harassment of employees by anyone, including any supervisor, coworker, vendor, client, customer, or visitor. Harassment consists of unwelcome conduct, whether verbal, physical, or visual that is based upon an individual's sex, race, religion, national origin, age, disability, or other classification protected by law. Augusta-Richmond County will not tolerate harassing conduct that affects payor benefits, that interferes with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. While all the referenced types of harassment are prohibited, sexual harassment deserves special reference. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when: (1) submission to such conduct is made either an explicit or implicit term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as a basis for an employment decision affecting such individual; or (3) such conduct has -the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. . 'Any individual either experiencing or observing a suspected incident of harassment should report the incident to their supervisor, or to anyone else in management. ~ ~ .~ 54 ~ ~ All complaints of sexual harassment will receive immediate attention. Augusta~Richmond County's policy is to investigate all such complaints thoroughly, promptly, and in an impartial manner. If such an investigation reveals that the complaint is valid, Augusta-Richmond County will administer disciplinary and other corrective action as appropriate to stop the harassment and prevent its recurrence. Such disciplinary action shall include any corrective action deemed necessary, up to and including immediate termination of employment. Discipline will be based on the seriousness of the offense. To the fullest extent practicable, Augusta-Richmond County will keep complaints, related investigations and the terms of their resolution confidential. Retaliation against victims or witnesses is strictly prohibited. ~ The above procedures as outlined with regard to claims of sexual harassment shall apply equally and in full force to complaints alleging other forms of harassment besides sexual harassment. All Augusta-Richmond County employees are responsible for helping to assure that we successfully avoid harassment and its effects. Section 22. OUtside Emplovment A. Requlations Outside employment shall mean any paid employment performed by any employee in addition to his or her employment with Augusta-Richmond County. Such employment shall be governed by the following regulations: 1. All outside employment must be approved in advance by the requesting employee's Department Director. The .request must include a description of the business for which the employee plans to work and the hours and/or schedule he/she plans to work. 2 . Outside employment shall not interfere with the efficient performance of the employee's duties. If at any time such interference is found, the employee will be subject to disciplinary action up to and including discharge from Augusta-Richmond County employment. . . 3. Outside employment shall not involve a conflict of interest or conflict with the employee's duties to Augusta-Richmond County. . 55 4. Outside-employment shall not involve the performance of duties which the employee should perform as part of his/her employment with Augusta-Richmond County. 5. Outside employment shall not. occur during the employee's regular or assigned working hours unless the employee is on either vacation or compensatory leave. ~ 6. No employee granted permission to engage in outside employment shall work at said outside employment for a longer period of time than stated in his/her request for permission to engage in such employment. 7. Any employee accepting outside employment under the terms of these regulations shall make arrangements with the outside employer to be relieved of his/her outside duties if and when called upon for emergency service by Augusta- Richmond County. B. Procedure 1. Any employee desiring to perform outside employment shall first file a request in writing with his/her department director for permission to engage in same. Such request shall state the type of employment and the hours of work, the name of the prospective employer, and the place of employment. 2. The department director may either disapprove or recommend approval of the request. . If the department director recommenda approval, the request shall be granted by the Director of Human Resources if the regulations outlined above are satisfied. Section 23. Political Activities No employee in the classified service shall engage in political activities at the work place or during business hours, whether at the request of another employee or an elected official or upon the employee's own initiative. ~ ~ . No classified employee of Augusta-Richmond County may take an active part favoring or opposing any c2ndidate for nomination or election to Elective Office at the work place 56 '1- or during business hours. Notwithstanding the foregoing, affected employees have the right to express their opinions on all political subjects and candidates. ... "i While employees may make voluntary contributions at any time, so long as they are not made to another Augusta- Richmond County Officer or Employee, they may not solicit, collect, receive, disburse, or otherwise handle contributions made for political purposes in a partisan election at the work place or during business hours. Employees may not be concerned, directly or indirectly in the sale of dinner tickets of a political party or candidate, or in the distribution of pledge cards soliciting subscriptions to such dinners at the work place or during business hours. Employees may not distribute campaign literature, badges, or buttons for an election at the work place or during business hours. They are not prohibited from wearing political badges or buttons outside the work place and outside business hours, and may display political material in the yard or windows of their residence. Employees may display political stickers on bumpers of privately owned vehicles not used for Augusta-Richmond County business. An employee may attend a Primary Meeting, Mass Convention, Caucus and the like, and may cast his/her vote on any question presented, so long as such attendance and voting does not interfere with the employee'.s duties of employment with Augusta-Richmond County. Employees may be members of political clubs, but they may not be active in organizing such a club, be officers of the club or members or officers of any of its committees, or act as such, or address a political club on any political matter, if such activities would interfere with the employee's duties of employment with Augusta-Richmond County.' . . An employee is permitted to sign a nominating or recall petition on behalf of or against a candidate, so long as such signing takes place off the work place and outside of business hours. He may not initiate such petitions or canvass for signatures of others at the work place or during business hours. . No employee will use any Augusta-Richmond County supplies or equipment for the purpose of favoring or opposing any candidate for nomination or election to Elective Office. An employee failing to comply with this section is.. subject to disciplinary action including dismissal. 'i' 57 <; Any Augusta-Richmond County employee who qualifies to run for public office. in a party primary or nonpartisan election ~. must take a leave of absence without pay on the day he' qualifies for public office and continue on leave until the day following the primary or nonpartisan election. In the ~ event the employee wins the primary and has no opposition in the general election, or wins the nonpartisan election, he may return to work until the date he assumes his elected office. In the event the employee has opposition in the election, he must continue on the leave until the day following the election date. In the event the employee qualifies to run for public office when there is no primary but only an election, he must take a leave of absence without pay and continue on such leave until the day following the election. Opposition herein shall mean a nominee of a political party, or qualified independent candidate, or qualified write-in candidate. This section applies to Augusta-Richmond County employees seeking public offices where the duties of such elected offices conflict with Augusta-Richmond County's interest in maintaining efficiency, integrity, and public confidence in Augusta-Richmond County government. Section 24; Policy Chanaes These policies may be modified at any time by the Augusta- Richmond County Commission-Council and shall reflect, and be superseded by, any changes mandated by state or federal legislation. ~ ~ . 1 58