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Chapter 2.90

EMPLOYEE HANDBOOK

Sections:
2.90.010    Use and revision of personnel policies handbook.
2.90.015    Equal Employment Opportunity.
2.90.020    Drug-Free/Alcohol-Free Workplace.
2.90.025    Electronic information systems policy.
2.90.030    Solicitation/distribution.
2.90.035    Workplace violence.
2.90.040    Veterans preference.
2.90.045    County contracts.
2.90.050    Recruitment/hiring.
2.90.055    Employment categories.
2.90.060    Overtime/Compensatory time.
2.90.065    Applicant/personnel files.
2.90.070    Use of telephone/faxes.
2.90.075    Orientation.
2.90.080    Probationary period.
2.90.085    Performance evaluation.
2.90.090    Outside employment.
2.90.095    Requests for information.
2.90.100    Normal work week.
2.90.105    Work hours.
2.90.110    Flex time.
2.90.115    Job classification.
2.90.120    Smoking. (Deleted 06/13/06 - See Chapter 8.24 Smoking Prohibited in Work Places and in Public Places)
2.90.125    Use of equipment and vehicles.
2.90.130    Use of personal vehicles.
2.90.131    Use of credit cards.
2.90.135    Personal use of county property.
2.90.140    Appearance of work areas.
2.90.145    Blood borne pathogens.
2.90.150    Compensation.
2.90.155    Job classification/compensation review.
2.90.160    Timekeeping.
2.90.165    Paydays.
2.90.170    Separation of employment.
2.90.175    Return of property.
2.90.180    Longevity pay.
2.90.185    Benefits and services.
2.90.190    Vacation benefits.
2.90.195    Holidays
2.90.200    Family and medical leave.
2.90.205    Sick leave.
2.90.210    Sick leave bank.
2.90.215    Military leave.
2.90.220    Bereavement leave.
2.90.225    Jury duty/litigation.
2.90.230    Educational leave.
2.90.235    Personal leave.
2.90.240    Leave of absence without pay.
2.90.245    Worker's compensation.
2.90.250    Benefits continuation (COBRA).
2.90.255    Letter upon termination.
2.90.260    Retirement/PERF.
2.90.265    Incentive plan.
2.90.270    Health insurance.
2.90.275    Attendance and punctuality.
2.90.280    Personal appearance.
2.90.285    Commission of a felony or unlawful act.
2.90.290    Gifts or gratuities.
2.90.295    Business ethics/conflict of interest.
2.90.300    Security of premises.
2.90.305    Political activity.
2.90.310    Discipline/termination/work rules.
2.90.315    Problem resolution.
2.90.320    Severablility and conflict with bargaining unit contracts.
2.90.330    Sworn Merit Deputy Sheriffs of the Vanderburgh County Sheriff's Office-Personnel Guidelines.

Section 2.90.010    Use and revision of personnel policies handbook.

The purpose of this handbook is to provide you with information about working conditions, employee benefits, and some of the policies affecting your employment.  You should read, understand, and comply with all provisions of the handbook.  It describes many of your responsibilities as an employee and outlines the programs developed by Vanderburgh County to benefit our employees.  One of our objectives is to provide a work environment that is conducive to both personal and professional growth.

Nothing in this handbook is intended to, in any sense, constitute a contract of employment.  Vanderburgh County is an "at will" employer, which means that either the employee or the County can end the employment relationship at any time with or without cause.

No employee handbook can anticipate every circumstance or question about policy.  As the County continues to grow, the need may arise to change the policies described in the handbook.  Vanderburgh County, therefore, reserves the right to revise, supplement, or rescind any policies or portion of the handbook from time to time as it deems appropriate.  Employees will, of course, be notified of such changes as they occur.

These policies and procedures apply to all Vanderburgh County employees, except when in conflict with special employment conditions by the appropriate authorities such as collective bargaining agreements.

(2.90.010, Added, 11/10/2003, Replaced 2.88.)

Section 2.90.015    Equal Employment Opportunity.

    A.  Equal employment opportunity policy: It is the County's policy that equal employment opportunities be available to all persons without regard to race, sex, age, color, religion, national origin, disability, citizenship status, military status or any other category protected under federal, state or local law.  This policy applies to employees and applicants and to all phases of employment including hiring, promotion, demotion, treatment during employment, rates of pay or other forms of compensation, and termination of employment.  

The County will take appropriate steps to provide reasonable accommodations upon request to qualified individuals with disabilities so long as doing so does not cause an undue hardship for the County.

    B.  Anti-Harassment policy: The County is further committed to providing a workplace free of harassment of any employee because of the employee's race, sex, religion, age, national origin, military status, disability, or any other category protected under federal, state, or local law.  The County does not condone or tolerate, any harassing conduct based on an employee's race, sex, age, religion, national origin, military status, disability, or any other category protected under federal, state, or local law. Any such harassment, whether in the office, at work assignments out of the office, at company-sponsored functions or elsewhere, is unacceptable and will not be tolerated.

 Harassing conduct may include, among other things, (1) epithets, slurs, stereotyping, or threatening, intimidating, or hostile acts that relate to race, sex, age, religion, national origin, military status or disability; and (2) written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, sex, age, religion, national origin, or disability.  The County is committed to protecting employees from such harassment whether from other employees or non-employees such as vendors, contractors, visitors, citizens, or officials.

Specifically included in this policy is a commitment to provide a workplace free of sexual harassment. Such harassing conduct may include, among other things:

1. Unsolicited and unwelcome comments or conduct of a sexual nature or that are demeaning to women or men as a group (for example, offensive or vulgar jokes, name-calling, comments about one's body or sex life, stereotyping based on a person's sex, touching, leering, ogling, patting, pinching, indecent exposure, physical gestures, or displaying sexually explicit photographs or objects that might interfere with a reasonable person's work); 2. Unsolicited and unwelcome demands or requests for sexual favors or social or sexual encounters; 3. An explicit or implicit promise of preferential treatment with regard to a person's employment in exchange for sexual favors or sexual activity; and 4. The use of an employee's or applicant's submission to or rejection of sexual conduct as the basis for making, influencing, or affecting an employment decision that has an impact upon the terms and conditions of the individual's employment (for example, hiring, firing, promotion, demotion, compensation, benefits, or working conditions). If you believe you or any other employee is being subjected to conduct or comments that violate this policy, you have a responsibility to immediately report these matters to your Department Head.  If for any reason you do not feel comfortable reporting your concerns to your Department Head, you may report your concerns to a member of the Board of County Commissioners.

Supervisors or Department Heads who become aware of any potential violation of this policy must timely report the potential violation to the Board of County Commissioners.  Failure to timely report potential violations will result in appropriate discipline, up to and including discharge.

The Board of County Commissioners or its designee will begin investigation of the alleged harassment no later than the next business day after having received a report.  Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances.  All employees must cooperate with any such investigation.

An accurate record of objectionable behavior is necessary to resolve a complaint of harassement.  All complaints of harassment must be reduced to writing by either the reporting individual or one of the individuals who received the complaint.

The County will not retaliate against any individual who makes a report of harassment.  Retaliation is considered a very serious violation of this policy and should be reported immediately.  Any individual found to have retaliated against any employee who makes a report or against anyone participating in the investigation of a complaint of harassment may be subject to appropriate disciplinary action, up to and including discharge.

The County will take prompt remedial measures to immediately end harassment. If an individual is found to have violated this policy against harassment, the investigating body will recommend disciplinary action, including, but not limited to, reprimand, reasignment of responsibilities, or discharge.

This Anti-Harassment Policy will be reviewed by legal counsel every two (2) years, commencing January 1, 2004, and continuing January 1 of each successive even-numbered year.

Please help us maintain a comfortable work environment free from discrimination and harassment.

    C.  Non-discriminatory service policy: The County is committed to ensuring that all citizens, visitors, contractors, suppliers, or other individuals who are served by the County or provide products or services to the County are treated with the highest regard irrespective of their race, sex, age, color, religion, national origin, ancestry, disability, or any other category protected by law.  It is the responsibility of all managers and employees to treat all persons equally in providing service to them.

All individuals will be provided the same rights, privileges, and services, unless an individual's medical condition poses a direct threat to the health and safety of the individual, employees, or the public, or poses an undue hardship on the County's business.

(2.90.015, Amended, 12/11/2007, Amended, 02/07/2006, Amended second paragraph of Section C.; 2.90.015, Amended, 01/24/2006, Subsection A added "military status"; Subsection B amended ; 2.90.015, Amended, 04/19/2004; 2.90.015, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.020    Drug-Free/Alcohol-Free Workplace.

The County recognizes that the use and abuse of drugs and alcohol can seriously impair an employee's ability to perform his/her duties safely and efficiently.  Drug and alcohol use and abuse not only jeopardize the public's and co-workers' safety, they undermine the public's confidence in the County, our services, and its people.  The County has established this policy as part of its ongoing efforts to maintain a drug- and alcohol-free workplace.

All employees are expected to report to work free from the influence of alcohol and illegal drugs and not to sell, distribute, dispense, possess, or use or conspire to sell, distribute, dispense, possess, or use an illegal drug or alcohol on the County's premises or during working time.  Likewise, all employees are expected not to misuse or abuse any prescription or nonprescription medications.

Employees using a prescription drug which may impair mental or motor functions so as to affect the employee's ability safely to perform his/her duties must report the use of that prescription drug to a Supervisor prior to reporting to work after its use.  For the safety of all employees, the County may place persons using such prescription drugs in a less hazardous job assignment, provided such assignment is available, or place them on temporary medical leave until released as fit for duty by the prescribing physician.  The County reserves the right to have a physician of its choice determine if a prescription drug produces hazardous effects or to restrict the quantity the employee is allowed to bring to the workplace.

    A.  Pre-employment testing: Each individual who is offered employment as a regular full-time employee (see definition in section 2.90.055) must successfully pass a drug test as a condition of employment.  Such test shall be under an approved program established by the Board of Commissioners. Subject to budgetary constraints, part-time employees may be subject to pre-employment drug testing under a program consistent with legal guidelines and as approved by the Board of Commissioners. The Board of Commissioners shall decide on an annual basis, subject to modification at any time, on the pre-employment drug-testing program to be administered.

    B.  Reasonable cause testing: When there is reasonable cause to believe that the employee has used drugs, the employee will be required to submit to a drug test.  When there is reasonable cause to believe that the employee has used alcohol, testing may be required.  "Reasonable cause" testing may be based upon such things as: 1. Specific observations concerning the appearance, behavior, speech, or body odors of the employee, including observation of drug use, drug possession, or possession of drug paraphernalia, physical signs or symptoms of being under the influence of a drug or alcohol, and signs and symptoms of chronic and/or withdrawal effects of drugs; 2.  A pattern of abnormal or erratic behavior as evidenced by the employee's work time actions, appearance, or conduct; or 3.  Arrest or conviction for a drug-related offense. An employee who is required to submit to a reasonable cause drug screen will be suspended until the results of the test are disclosed to the County.  If the test result is negative, the employee will be paid for the regularly scheduled hours missed.

In any reasonable cause situation, the County will ensure that the employee is transported to an appropriate facility and then transported back to the work site, where a spouse, family member, or other individual will be contacted to transport the employee home.  If the employee refuses to agree to any of these procedures and attempts to operate his/her own vehicle, the County will take appropriate efforts to discourage the employee from doing so, up to and including contacting local law enforcement officials. Any employee failing to cooperate with any of the procedures described above will be subject to discharge.

    C. Post-accident testing: Drug or alcohol testing will be required in the event of an "accident" during work time.  An "accident" is an event which results in (a) death; (b) bodily injury that requires medical treatment away from the scene of the accident; or (c) significant property damage.  As soon as possible, the County will test each employee whose performance or conduct either may have contributed to the accident or cannot be completely discounted as a contributing factor to the accident.

    D.  Voluntary identification and rehabilitation/treatment: Any employee who voluntarily identifies himself as having a drug- or alcohol-related problem will not be subject to discipline for volunteering that fact.  Rather, the employee will be permitted to take an unpaid leave of absence for the purpose of undergoing rehabilitation or treatment to permit the employee an opportunity to eliminate dependence on drugs or alcohol or to comply with other treatment plans as recommended by a substance abuse professional.

Employees who volunteer such information and participate in a rehabilitation/treatment program are not relieved of their obligation to comply with applicable rules concerning alcohol and drugs and will be subject to disciplinary action, including termination, for their violation.

Since the key to the County's rehabilitative efforts is an employee's willingness to admit and seek to remedy the problem, this provision is not available to an employee who requests protection after being asked to submit to testing or after the employee's use of drugs or alcohol becomes a personnel issue based on direct observation or evidence obtained from an arrest or criminal conviction for a drug- or alcohol-related offense.

If the employee has successfully completed the rehabilitation/treatment program as verified in writing by the program's administrator, the employee will be allowed to return to work when work is available for which the individual possesses the skills, qualifications, and experience or in accordance with the employee's rights under the Family and Medical Leave Act.  Return from rehabilitation may also be conditioned upon the employee's compliance with individual responsibilities, which may include obtaining follow-up counseling and/or treatment.

Any costs associated with the voluntary rehabilitation/treatment program will be at the expense of the employee unless the charge is specifically covered under the County's insurance policy, and the employee is an active participant in the insurance program.


(2.90.020, Amended, 12/11/2007, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.025    Electronic information systems policy.

E-mail, computer, and voice mail systems are County property and are intended for business, not personal, use.  The systems are not to be used for personal use unless specifically authorized.  Employees should not have any expectation of privacy as to any information or file maintained in or on County's property or transmitted or stored through County's electronic information systems or other technical resources.

The County strives to maintain a workplace free of harassment and is sensitive to the diversity of its employees and customers.  Therefore, the County prohibits the use of its electronic information systems in ways that are unlawful, disruptive, offensive to others, or harmful to morale.  For example, the display or transmission of images, messages, and cartoons that may offend others because of their sex, race, age, national origin, disability, or religion is prohibited.  Such misuse includes, but is not limited to, ethnic or racial slurs, racial or sexual comments or jokes, or any other communication that shows disrespect for others on the basis of sex, race, national origin, disability, religion, or age.

Employees should remember that when they are using the County's electronic information systems, they are creating County documents by using County property.  These documents are not private and may be read by others at the County and, under some circumstances, by others outside the County.

Employees should also be aware that even though a message may be deleted from the system, a record of it may remain either on the daily backups of all data or in other ways.  It is possible to re-create a "deleted" message.  Therefore, ultimate privacy of messages is not assured to anyone.

In the event that any employee is using the County's electronic information systems to communicate with legal counsel, all messages should be marked with the following in capital letters at the top of the message:  "Confidential Communication — Attorney/Client Privilege."  In addition, such messages should not be sent to a distribution list, should not be forwarded to anyone else, and should not be retained on the system.

Under certain circumstances, the County may access information stored in its electronic information systems.  While it is impossible to list all of the circumstances under which access may occur, some examples follow:

1. During regular maintenance of the system. 2. When the County has a business need to access the employee's mailbox or computer files; for example, if the employee is absent from the office and the supervisor has reason to believe that information relevant to the day's business is located in the employee's files.  Although electronic systems may accommodate the use of passwords for security, confidentiality is not guaranteed. All passwords must be made known to your Supervisor because your system may need to be accessed in your absence. 3. When the County receives a legal request to disclose electronic information. 4. When the County has reason to believe that employees are using its electronic information systems or other technical resources in violation of the County's policies.
Violations of this policy may result in disciplinary action up to and including termination.  Employees learning of any misuse of the County's electronic information systems or a violation of this policy must notify the County of such misuse or violation immediately.

(2.90.025, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.030    Solicitation/distribution.
Vanderburgh County understands that in today's society, employees are constantly being pressured by telephone solicitors and door-to-door sales representatives to purchase items or otherwise contribute to organizations.  The County believes that employees will be happier and more productive if there are certain limitations placed upon efforts to solicit employees at work.  Therefore, employees of the County may only engage in solicitation or distribution of literature in non-work areas during non-work time. "Work time" does not include breaks and meal periods.  

The Board of County Commissioners may regulate the solicitation and distribution by any employee which disrupts or interferes with the normal operations of the County.  "Solicitation" includes, but is not limited to, any act which requests, urges or seeks to induce an employee to give or obligate to pay money for any cause/reason or to sign any document indicating membership in any organization, association/group, or indicating support for or a pledge to such organization.  "Distribution" is defined as providing literature (paper documents or email) advertising a good, service, organization or cause in which the materials are provided in an effort to encourage or persuade the recipient.
(2.90.030, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.035    Workplace violence.

Nothing is more important to the County than the safety and security of its employees.  Threatening, intimidating, malicious, or violent behavior directed toward employees or other individuals by anyone on County property or during work time will not be tolerated.  

The County will initiate an appropriate response to inappropriate behavior.  This response may include, but is not limited to, suspension and/or termination of a business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person(s) involved.

All employees are responsible for notifying their supervisor or the Board of County Commissioners of any possible violations of this policy.  Possible violations include threatening, intimidating, malicious, or violent behavior of which an employee has been the target, has witnessed, or has heard about from another individual if the behavior is job-related or has been or might be carried out on County property. Employees are responsible for making this report regardless of the relationship between the individual who initiated the inappropriate behavior and the person who was the target of the behavior.

If you receive or overhear any threatening communications from an employee or outside third party, report it to your supervisor at once.  Do not engage in either physical or verbal confrontation with a potentially violent individual.  If you encounter an individual who is threatening immediate harm to an employee or anyone else on our premises, contact an emergency agency (such as 911) immediately.

All reports of work-related threats will be kept confidential to the extent possible, investigated, responded to, and documented.  Employees are expected to report and participate in an investigation of any suspected or actual cases of workplace violence.

The County expects all employees to help create a safe and secure work environment by complying with the letter and spirit of this policy.

(2.90.035, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.040    Veterans preference.

Persons honorably discharged from the military or naval service of the United States, by reason of disability resulting from wounds or sickness incurred in the line of duty, shall be preferred for appointment to civil offices, provided they are found to possess the capacity necessary for the proper discharge of such offices.  (Indiana Code 5931)

The County shall allow preference points to eligible armed forces veterans who are being examined for fulltime employment.  Preference points awarded to such veterans on each such examination shall be ten percent (10%) of the total number of points which may be obtained thereon.

To be eligible to receive preference points, under this chapter, a person must have:  (a) Served on active duty in the armed forces of the United States for at least one hundred eightyone (181) days and (b) Received an honorable discharge.

(2.90.040, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.045    County contracts.

The County Commissioners have the sole authority to enter into contracts on behalf of Vanderburgh County, except to the extent that these powers and duties are expressly assigned to other elected officers by state statute.

(2.90.045, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.050    Recruitment/hiring.

Authorization to recruit and hire, to fill a vacancy in an existing or newly created position, rests solely with the elected official and designated department heads.

Basic qualifications of formal education, background and experience shall be determined before recruiting begins and shall be based upon job requirements as well as dictates of applicable federal, state and local laws and approved by the Vanderburgh County Personnel Administration Committee (Job Study).

Open and new job opportunities, insofar as practicable, shall be afforded employees in line with seniority principles subject to ability and job qualifications, to be reasonably determined by management.  Open and new jobs may be posted on County work days, during which time any employee may make application in writing.

Whenever vacancies occur or new positions are created, this information may be publicly posted within County facilities.  Bulletin boards located in County Government buildings will be used for posting job openings.  The County encourages internal promotion and transfer whenever possible.

At the discretion of management and based upon the urgency and specialization of the job requirements, newspaper and trade journal advertising may be used in recruiting employees.  Advertisements will describe the position, basic qualifications and state that the County is "An Equal Opportunity Employer."

Applications.    All applicants are required to complete a Vanderburgh County application form.  The County's standardized job application form shall be maintained by the County Commissioners.  Applications are in the County Auditor's office, County Commissioners office and County Council office and made available to elected officials, department supervisors, and applicants upon request.

Applications for County employment shall request only that information necessary for rational decision making.  Only questions specifically related to occupational standards shall be asked.

All applicants must complete the County's Employment Application in its entirety.  Applicants must account for periods of employment and unemployment.

The County relies, upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment.  Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the County's exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.

Applications will be retained in active files for ninety (90) days.  Applications will be returned to the County Auditor prior to hiring or being placed on the County payroll.

(2.90.050, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.055    Employment categories.

A.    Full-Time/Part-Time

1. Regular Full-Time:  A regular full-time employee is regularly scheduled to work 40 or more hours per week. 2. Part-Time:  A part-time employee is any individual who is regularly scheduled to work less than 40 hours per week.  Part-time employees may occasionally be required to work full-time hours because of business needs.  These occasions will not alter the employee's part-time status unless County management determines that the requirements of the position warrant converting the position to full-time status.  If management makes that determination, the employee will be notified that his/her employment status is changed from part-time to full-time. B.    Salaried/Hourly

1. Salaried:  Employees who are paid a predetermined amount of compensation regardless of the number of hours worked each week. 2. Hourly:  Employee paid an hourly rate for hours worked. C.    Exempt/Non-Exempt

1.  Exempt:  An exempt employee is one whose duties and responsibilities are of an executive, administrative, or professional character (or exempt outside sales work) as described under the Fair Labor Standards Act and who is paid on a salary basis and is, therefore, exempt from the overtime and certain other provisions of the Act.  Exempt employees sometimes perform a certain amount of work in excess of the typical 40hour workweek without additional compensation. 2.  Non-Exempt:  A non-exempt employee is covered by the provisions of the Fair Labor Standards Act, including the provision for payment of all overtime hours worked. D.     Regular/Temporary/Probationary 1.  Regular Employee:  A regular employee is an individual who has been hired to fill a specific position for an indefinite period of time. 2.  Temporary/Seasonal Employee:  A temporary/seasonal employee is an individual who has been hired for work of a purely temporary nature.  A temporary employee is entitled only to statutorily mandated benefits.  Although temporary employees may be given anticipated dates of employment, the County does not guarantee employment for any specified period of time. 3.  Probationary Employee:  A probationary employee is one whose  performance is being evaluated to determine whether further employment in a specific position or with the County is appropriate.  Employees who satisfactorily complete their (90) day probationary period will be notified of their new employment classification.  Employees may accrue sick leave and personal leave, but may not use them during the probationary period.  By statute, merit (Sheriff Deputies) deputies are required to have at minimum, a one year probation period. E.    Other Employment Categories 1.  Contractor:  An individual who provides services to the County under the terms of a contract entered into by the individual and the County, or is assigned by an employment agency. (2.90.055, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.060    Overtime/Compensatory time.

All non-exempt County employees will be paid overtime pay at the rate of one and one-half (1.5) times their regular rate of pay for all time worked in excess of forty hours per week. Only time actually worked by the employee will be used for the purpose of calculating overtime pay.  In other words, compensation for hours attributed for vacation, holidays or compensatory time off will not be included for the purposes of calculating overtime pay.

Due to budgetary constraints, the County encourages the use of compensatory time in lieu of overtime pay.  Compensatory time off is earned at the rate of one and one-half times the actual time worked.  For example, an employee who works one hour of overtime will receive 1.5 hours of compensatory time. Employees may utilize compensatory time off with advance notice and approval of their supervisor.

A.  Compensatory TimeOff Banks:  Non-exempt employees who elect to receive compensatory time in lieu of overtime pay may accumulate compensatory time off as follows:  

1.    Public safety and emergency employees may accumulate up to four hundred eighty (480) hours of FLSA time off before cash overtime payments are required; and 2.    All other employees may accumulate up to two hundred forty (240) hours of compensatory time off before cash overtime payments are required. 3.   The Board of Commissioners reserves the right to pay accumulated overtime subject to statutory and budgetary constraints. Upon separation of employment, these employees who elected to receive compensatory time are paid for all accrued but unused compensatory time at a rate of compensation not less than the employees' average rate for the last three years of employment or the final regular rate, whichever is higher.

B. Departmental Leave:  All exempt employees who work over forty (40) hours in a work week shall be granted one (1) hour of departmental leave time for each hour worked in excess of forty (40) hours in a week.  All time taken off for departmental leave must have prior written approval of the employee's supervisor.  A request for departmental leave can be denied in the supervisor's sole discretion.

    No employee shall accrue more than eight (80) hours of departmental leave at any time. Departmental leave is not payable at termination of employment with the County.  Departmental leave may not be carried over to the next calendar year in excess of twenty (20) hours.  Additional leave may be carried over in exceptional circumstances (e.g. a large number of hours accrued at the end of the year) with written approval of the County Commissioners.  Leave will only be granted for hours actually worked over forty (40) in a work week (ie:  if an employee takes eight (8) hours of vacation in a week and works thirty-five (35) additional hours no departmental leave will be granted).

C. Law Enforcement Personnel:  For purposes of computing entitlement of overtime compensation, employees of the Vanderburgh County Sheriff’s Department, and any other employees who are classified as law enforcement personnel may, at the election of their supervisors, be subject to work periods based upon a twentyeight (28) day work period rather than the "normal work week" herein provided.  For such personnel, the officeholder ultimately in charge may, at his/her discretion, establish a tour of duty work period of up to (28) days for each employee or class of employees during which such employees may be required to work one hundred seventyone (171) hours without benefit of overtime compensation.  The officeholder may, at his/her discretion, provide for shorter tours of duty so long as the maximum hours required are reduced proportionately and federal regulations are not violated.

D.  County Highway:  All exempt employees in the County Highway Department who work over forty (40) hours in one (1) week because of  a declared state of emergency shall be paid overtime for all hours worked over forty (40) at a rate of 1 1/2 times their regular rate of pay.  This subsection shall be considered effective as of November 6, 2005.
(2.90.060, Amended, 01/24/2006, Added a new subsection B, changed old subsection B to C, and added a new subsection D; 2.90.060, Added, 11/10/2003, Replaced 2.88.)




Section 2.90.065    Applicant/personnel files.

Accurate personnel records should be kept on file for each employee, in the Auditor's office, for a period of not less than seven (7) years and should be used to substantiate and support the employment decision in the event of inquiry.

Officeholders/department heads shall maintain an accurate personnel file for each employee.  The personnel file should reflect each employee's employment history and contain the following items:

1. application for employment
2. leaves of absences, conflict of interest forms and other related data
3. 99A's for each employee
4. grievances, disciplinary action and other information
Officeholders/department heads shall also maintain a separate medical file for each employee that contains any medical or Worker's Compensation documentation provided to the County.

The County Auditor shall maintain an accurate personnel file for each employee.  The personnel file should reflect each employee's history and contain the following items:

1.    appointment/release form (pink slip)
2.    leaves of absences, conflict of interest forms and other related data
3.    99A's for each employee for each year of employment (to be submitted by January 15 of each calendar year)
4.    insurance forms
5.    PERF information
6.    personnel handbook signature sheet
7.    other information may be placed in the employee's folder at the discretion of the office holder
A. ACCESS TO PERSONNEL FILES: Personnel files are the property of the County, and access to the information they contain is restricted.  Generally, only officials and representatives of the County who have a legitimate reason to review information in a file are allowed to do so.  With reasonable advance written notice, an employee may review material in his or her file.  Upon request, the County will provide an employee copies of any documents contained in his or her personnel file.

B.    PERSONNEL INFORMATION CHANGES: It is the responsibility of each employee to promptly notify the Auditor's office payroll and benefits clerks and the County Council Executive Assistant of any changes in personnel data.  Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times.

Name and address change forms are available in the County Auditor's office.

(2.90.065, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.070    Use of telephone/faxes.

All employees who are authorized to make long distance calls/faxes in the course of conducting County business are issued a personal code number to enter during the placing of all long distance calls.  Except for emergencies, no personal calls should be made on county business phones.  Any long distance personal calls should be reported immediately to the department head and be reimbursed to the county.

(2.90.070, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.075    Orientation.

All new employees of elected office holders must have an appointment form (pink slip) processed and signed by the office holder by whom they are employed before payroll will be processed.  All other new employees must have an appointment form (pink slip) processed and signed by the County Commissioners before payroll will be processed.

(2.90.075, Amended, 01/18/2005; 2.90.075, Added, 11/10/2003, Replaced 2.88.)



Section 2.90.080    Probationary period.

The probationary period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations.  The County uses this period to evaluate employee capabilities, work habits, and overall performance.

All new and rehired employees work on a probationary basis for the first 90 calendar days after their date of hire.  By statute, merit (Sheriff Deputies) deputies are required to have at minimum, a one year probation period.  Any significant absence will automatically extend a probationary period by the length of the absence.  If the County determines that the designated probationary period does not allow sufficient time to thoroughly evaluate the employee's performance, the probationary period may be extended for a specified period.

Upon satisfactory completion of the probationary period, employees enter the "regular" employment classification.

During the probationary period, new employees are eligible for those benefits that are required by law, such as worker's compensation insurance and Social Security.

They may also be eligible for other employerprovided benefits, subject to the terms and conditions of each benefits program.  Employees should read the information for each specific benefit program for the details on eligibility requirements.

(2.90.080, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.085    Performance evaluation.

Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, daytoday basis.  Additional formal performance reviews may be conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths and discuss positive, purposeful approaches for meeting goals.

(2.90.085, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.090    Outside employment.

An employee may hold a job with another organization as long as he or she satisfactorily performs his or her job responsibilities with the County.  All employees will be judged by the same performance standards and will be subject to the employer's scheduling demands, regardless of any existing outside work requirements.

If the County determines that an employee's outside work interferes with performance or ability to meet the requirements of the employee's position with the County, as it is modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain employed with the County.

Outside employment will present a conflict of interest if it has an actual or potential adverse impact on the County.  County employees are encouraged to file a conflict of interest statement with the County Clerk, State Board of Accounts and Auditor whenever an employee's outside business activities are directly or indirectly linked to the County in a business relationship such as vendor, supplier, contractor or independent subcontractor.

(2.90.090, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.095    Requests for information.

Occasionally, employees of the County are contacted by outsiders for information about the organization's policies, practices or projects.  All such requests must be referred to the officeholder/department head.

(2.90.095, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.100    Normal work week.

Except for the special tour of duty rules applicable to law enforcement employees, the work week for all County employees shall consist of forty (40) hours, comprised of five (5) consecutive days, during each of which the employee works eight (8) hours.  Normal work days shall be Monday through Friday.

Individual department heads and supervisors may arrange individual employee schedules, set meal periods, starting and quitting times, according to the needs of each office and department.

(2.90.100, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.105    Work hours.

All County offices shall open for business  by 8:00 a.m. and shall remain continuously open until 4:30 p.m. from Monday through Friday.  Employees' work schedules and breaks are the discretion of the officeholder/department head.

(2.90.105, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.110    Flex time.
“Flex time” is the scheduling of employee work hours outside of the normal hours an office is to be open. Except with the restriction requiring all County offices to be open for business from 8:00 a.m. to 4:30 p.m. Monday through Friday, individual department heads and supervisors may incorporate "flex time" schedules for their employees.  Meal times, starting and quitting time may vary among employees as long as there is proper coverage within the office or department.  
(2.90.110, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.115    Job classification.

The County installed and adopted the Factor Evaluation System (FES) of job classification for all County jobs.  It is regularly monitored and revised to reflect changes in job duties as they occur.

All County positions, except those of elected officials have been described and systematically grouped into job classes based on their fundamental similarities.  Job descriptions have been prepared for all County positions.  These descriptions are on file in the offices of the Auditor and County Council and are adopted by reference.

The job classifications are as follows:

a.    (COMOT) Clerical/Office Machine Operator/Technicians
b.    (POLE) Protective Officers and Law Enforcement
c.    (LTC) Labor, Trades, and Crafts
d.    (PAT) Profession/Administrative/Technological
e.    (EXE) Executive
f.    (PAT/MED) Professional/Administrative/Technological, Medical
g.    (SO) Special Occupations
h.    (U) Unclassified (Chief Deputies and other positions not listed in A G)
(2.90.115, Added, 11/10/2003, Replaced 2.88.)

Section 2.90.120    Smoking.
(2.90.120, Deleted, 06/13/2006, See Chapter 8.24 - Smoking Prohibited in Work Places and in Public Places.)

Section 2.90.125    Use of equipment and vehicles.

Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to replace.  When using property, including County telephones, employees are expected to exercise care, perform required maintenance and follow all operating instructions, safety standards and guidelines.

Please notify the supervisor if any equipment, machines, tools or vehicles appear to be damaged, defective or in need of repair.  Prompt reporting of damages, defects and the need for repairs could prevent deterioration of equipment and possible injury to employees or others.  The supervisor can answer any questions about an employee's responsibility for maintenance and care of equipment or vehicles used on the job.

Employees operating County vehicles shall maintain the ability to legally operate assigned vehicles. County owned vehicles shall not be driven out of Vanderburgh County unless they are being used for official County business.

The improper, careless, negligent, destructive or unsafe use or operation of equipment or vehicles, as well as excessive or avoidable traffic and parking violations, will result in disciplinary action, up to and including discharge.

(2.90.125, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.130    Use of personal vehicles.

All County employees who use their personal vehicles for County business must have the proper insurance and a valid drivers license.  Employees traveling outoftown on County business will be reimbursed for mileage at the current rate set by the County Council per mile traveled.

(2.90.130, Added, 11/10/2003, Replaced 2.88.)

Section 2.90.131    Use of credit cards.

A.  Procedure for obtaining a department credit card.

County department credit card agreements must be approved by the Board of Commissioners. The maximum credit limit allowed will be $5,000, unless the department provides information that supports a request for a higher limit.  Any existing department credit cards with higher limits must have them lowered to the $5,000 limit.  All credit cards are to be issued by a financial institution that does not charge any fees or penalties.

B.  Authorized uses of department credit cards.

Credit cards may be used by county officials and their designated employees only for purchases that cannot be made by normal purchase order procedures as outlined in Chapter 2.25.  Expenses of $5.00 or less may not be charged. Charges shall be for reimbursable expenses only relating to departmental operating expense, equipment expense, and business travel expense.

1.  MEALS
A county credit card may be used to charge meals authorized in compliance with Section 2.96.030 B and may not exceed the per diem provided for in such Section.  No alcoholic beverages can be charged on the credit card.  Any amount spent over the per diem provided for in Section 2.96.030 B will be the personal expense of the county official or designated employee incurring the charge.  A county credit card may not be used to charge items that are personal expenses.

2.  TIPS
Tips charged on county credit cards are reimbursable on meals only.  The maximum tip allowed is 15% per meal.  In no case shall the total expense for meals with tips exceed the per diem provided for in Section 2.96.030 B.  Tips are not allowed on any other personal expenses.

3.  LODGING
A county credit card may be used to charge lodging authorized in compliance with Section 2.96.030 C.  No personal phone calls should be charged to the credit card.  No movies should be charged to the credit card.  Since the credit card is issued in the name of Vanderburgh County, taxes may be removed by providing form ST105 to the hotel.  Some will agree to remove the taxes, some will not.  An itemized receipt from the hotel must be submitted when requesting payment for lodging expenses charged to a county credit card.  Payments submitted without an itemized receipt will become a personal expense of the office holder or designated employee incurring the charge.  A county credit card may not be used to charge items that are personal expenses.

4.  AIRFARE
A county credit card may be used to charge airfare authorized in compliance with  Section 2.96.030 E.  A county credit card may not be used to charge any other family members airfare.

5.  GASOLINE
When using a personal vehicle for business travel, mileage will be reimbursed in lieu of gasoline. No mileage will be paid if gasoline is charged to a county credit card.  A county credit card may be used to charge gasoline when traveling on business in a county vehicle only, and when authorized in compliance with Section 2.96.030 D.  A copy of the credit card authorization, including the gallons purchased and the location of the purchase must be submitted when requesting payment for gasoline.  Payments submitted without an itemized receipt will become a personal expense of the office holder or designated employee incurring the charge.

6.  PARKING
A county credit card may be used to charge parking for a trip if authorized in compliance with Section 2.96.030 D.  An itemized parking bill must be submitted when requesting payment for parking.  Payments submitted without an itemized receipt will become a personal expense of the office holder or designated employee incurring the charge.

C.  Record keeping.

County officials and designated employees must complete a credit card sign out sheet prior to each use of the credit card.  The completed signed credit card sign out form must be submitted with request for payment.  This document, as shown below, is available in the office of the Board of Commissioners, Room 305, Civic Center Complex or on line at www.vanderburghgov.org . All departments utilizing credit cards must maintain an accounting system or log which would include the names of individuals requesting usage of the cards, their position, estimated amounts to be charged, fund and accounting number to be charged, date the card is issued and returned, as represented in credit card sign out form shown below.

CREDIT CARD SIGN OUT FORM

Please sign and give to the office holder/department head when receiving credit card.
Department:__________________________________________________
Dates card will be used: _____________________ __________________________________________
Name & position of person receiving credit card: ____________________ ___________________________________________
Estimated amount credit card is to be used for: ________________________
Specific items credit card is to be used for: ___________________________
Fund & account expenses are to be charged to: ____________________________

I understand the following requirements of using the credit card:

1.    I understand that usage of the county credit card for personal expenses is prohibited.
2.    I understand that tips for meals only may be charged to the credit card. The maximum amount on tips is 15% with a $26 per diem total.
3.    I understand that no alcohol is to be charged to the credit card.
4.    I understand that no long distance phone calls are to be charged to the credit card.
5.    I understand that no movies are to be charged to the credit card.
6.    I understand that upon the return of the credit card to the office holder/department head, I must provide copies of the itemized receipts for all charges to the credit card.
7.    I understand that if I charge any items that are not approved, I will be personally responsible for the charges.
8.    I understand that I will need to use form ST105 for sales tax to be deducted from the charges.

I, ____[Printed Name]_____ , agree to abide by the requirements listed above.
BY: __________________________     DATE: _________________

DATE RETURNED: ___________        BY: ____________________

OFFICE HOLDER SIGNATURE__________________
DATE: ______________

D.  Procedures for Payment.  

Procedures for payments shall be no different than for any other claim, as described in I.C. 36-2-6-2.  Original, unaltered, itemized receipts must be attached and submitted timely for payment. Any interest or penalty incurred due to late filing or furnishing of documentation by an officer or employee shall be the responsibility of that officer or employee.

(2.90.131, Added, 02/27/2007)




Section 2.90.135    Personal use of county property.

Personal use of County facilities, vehicles and equipment is prohibited.   

(2.90.135, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.140    Appearance of work areas.

The County expects the work areas of all employees to be well organized, clean and attractive.   

(2.90.145, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.145    Blood borne pathogens.

Employees working in high risk jobs will be offered BLOOD BORNE Pathogen training and a series of Hepatitis B vaccinations for their protection.  The County will provide this service free of charge for those employees wishing to participate in this program.

(2.90.145, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.150    Compensation.

The County has described and evaluated all of its positions according to (FES) guide charts as to their relative degree of difficulty and responsibility, and grouped them into classifications based on their similarities.  Pay schedules have been developed and adopted for each job category.  The County Council conducts an annual wage and salary analysis that is reviewed during budget hearings.  County Council sets the pay rates for all positions during annual budget hearings.  Approved pay rates generally become effective at the beginning of the next budget year, unless otherwise indicated.  All appropriate County documentation must be provided to the Auditor prior to an employee being compensated.

(2.90.150, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.155    Job classification/compensation review.

Any change in job classifications or pay rates must be approved by the County Council.  The Vanderburgh County Personnel Administration Committee (Job Study) oversees maintenance of the job classification and pay plan.  This Committee serves in an advisory capacity.

In the event that an elected official or department head wishes to create a new position not currently classified or reorganize jobs within a department, review seniority, abolish a position, or if an employee desires to have a job classification review made of his/her position, the County has established the following procedures:

Job Classification Review Form(s) are available with the County Council Executive Assistant.  Upon completion and return of the Review Form and provision of any other supplemental information, the Committee and personnel professionals retained by the County will meet to evaluate the requested action and make recommendations to the County Council.

(2.90.155, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.160    Timekeeping.

Accurately recording time worked is the responsibility of every nonexempt employee.  The County Auditor shall keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties.

Nonexempt employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period.  They should also record the beginning and ending time of any split shift or departure from work for personal reasons.  Overtime work must always be approved before it is performed.

Tampering, altering, or falsifying time records, or recording time on another employee's time record shall result in disciplinary action, up to and including discharge.

(2.90.160, Added, 11/10/2003)


Section 2.90.165    Paydays.

The payroll schedule is established by the Vanderburgh County Auditor.  Generally the County has two pay days per month.  Employees need to contact supervisor for their scheduled paydays.

(2.90.1665, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.170    Separation of employment.

Since employment with the County is at-will and based upon mutual consent, both the employee and the County have the right to terminate employment at any time, with or without cause.

Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine.  Below are examples of some of the most common circumstances under which employment is separated:

Resignation:    Voluntary employment termination initiated by an employee.  Although advance notice is not required, the County requests at least two weeks written notice from the employee.

Discharge:    Involuntary employment termination initiated by the County.

Layoff:    Involuntary employment termination initiated by the County for nondisciplinary reasons.

Retirement:    Voluntary employment termination initiated by the employee meeting County retirement criteria, such as age and length of service.

Exit interviews are scheduled by the department head/elected office holder at the time of employment termination to afford an opportunity to discuss such issues as employee benefits, conversion privileges, repayment of outstanding debts to the County, or return of Countyowned property.  Suggestions, complaints and questions should be expressed.  Such suggested changes, complaints or questions shall be submitted to the Office of the Board of Commissioners by the department head/elected office holder within 3 business days of the exit interview.   Employees will receive their final pay in accordance with applicable state law.

The County shall provide all eligible retired County employees (and, where applicable, to the employee's surviving spouse and dependents) the group health insurance programs it maintains from time to time for its active employees, all in accordance with and subject to the terms and conditions of I.C. 51081 through 5 1084.

The eligible retired employee securing coverage under this section must file a written request for such insurance coverage with the County Auditor within ninety (90) days after his or her retirement date, and shall follow the written procedures prescribed by the County Auditor for collection and payment of the insurance premium.

(2.90.170, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.175    Return of property.

Employees are responsible for all property, materials, or written information issued to them or in their possession or control.  All property must be returned by employees on or before their last day of work. When permitted by applicable laws, the County may withhold from the employee's check or final paycheck the cost of any items that are not returned when required.  The County may also take all action deemed appropriate to recover or protect its property.

(2.90.175, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.180    Longevity pay.

The County Council has a seven step longevity pay schedule for all fulltime PAT – COMOT  EXECUTIVE classified positions.  Each step qualifies the employee for longevity pay increments.  The amount of longevity step increments shall be determined annually by the County Council.  Employees in a bargaining unit have their wage package covered by contract language.

The longevity pay schedule is as follows:

    Step 1.  six months of service

    Step 2.  2 years of service

    Step 3.  5 years of service

    Step 4.  10 years of service

    Step 5.  15 years of service

    Step 6.  20 years of service

    Step 7.  25 years of service

POLE positions are designed base salaries, plus seniority increments each (3) years, effective pay period following the anniversary date of hire.

PAT/MED longevity is determined in (3) year increments.

(2.90.180, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.185    Benefits and services.

Eligible employees in the County are provided a wide range of benefits.  A number of the programs (such as Social Security, worker's compensation, state disability and unemployment insurance) cover all employees in the manner prescribed by law.  Benefits eligibility is dependent upon a variety of factors including employee classification.  As prescribed by the County's insurance carrier, there is a fulltime employee active service requirement for employees to qualify for life and medical benefits.

The Auditor's office Insurance Clerk can identify the programs for which you are eligible.  Details of many of these programs can be found elsewhere in the employee handbook.  Some benefit programs may require contributions from the employee.

(2.90.185, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.190    Vacation benefits.

Paid vacation is available to regular full-time employees to provide opportunities for rest, relaxation and personal pursuits.  Annual vacation benefits are based upon an employee's length of service and are calculated on a calendar year basis.  Employees will not be entitled to vacation benefits, and none will be paid upon separation from employment, during the first calendar year of his/her employment with the county.  All vacation benefits will be determined as of December 31 of the prior year and be available, subject to scheduling as provided below, starting on January 1 of the current year.

Vacation benefits accrue in accordance with the following schedule:

LENGTH OF SERVICE  
LESS THAN 1 YEAR OF SERVICE BY JANUARY 1  
VACATION TIME  
.833 DAYS PER MONTH FOR EACH MONTH OF CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR  
AT LEAST 1 YEAR AND LESS THAN 4 YEARS CONTINUOUS SERVICE PRIOR TO THE FIRST DAY OF JANUARY OF THE CURRENT YEAR  
10 WORKING DAYS OF  VACATION EARNED AT .833  DAYS PER MONTH  
AT LEAST 4 YEARS OF CONTINUOUS SERVICE AND LESS THAN 9 YEARS CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR  
15 WORKING DAYS OF VACATION EARNED AT 1.25 DAYS PER MONTH
9 YEARS AND LESS THAN 14 YEARS CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR  
20 WORKING DAYS OF VACATION EARNED AT 1.666 DAYS PER MONTH  
14 YEARS AND LESS THAN 19 YEARS CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR  
25 WORKING DAYS OF VACATION EARNED AT 2.08 DAYS PER MONTH  
19 OR MORE YEARS OF SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR  
30 WORKING DAYS OF VACATION EARNED AT 2.50 DAYS PER MONTH  

Employees must request advance approval from their supervisors prior to utilizing vacation.  Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Vacation time off is paid at the employee's base pay rate at the time of vacation. Vacation days must be taken in the benefit year earned.

Upon separation of employment, an employee will be compensated for unused vacation time. In addition to the unused vacation time available on January 1 of the current year, the employee shall be paid, on a pro rated basis based upon the date of separation, for time worked in the current year which would have been available on January 1 of the succeeding year.  Vacation benefits must be used by December 31 of the applicable year.  Vacation benefits will not be rolled over into the next year unless prior approval is obtained from the department head/office holder due to unforeseen circumstances necessitating the cancellation of scheduled vacation in December at the request of the employer.   Approval from the Board of Commissioners shall be obtained prior to such scheduling of vacation to be rolled over into a succeeding year.   Such carried over vacation shall be taken by the employee in January of the succeeding year, if at all possible, unless the Board of Commissioners direct otherwise.  

Employees who fail to give two (2) weeks notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused vacation time.

(2.90.190, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.195    Holidays

All regular fulltime employees will receive regular pay for those holidays designated by the County Commissioners.  Regular parttime and temporary employees do not receive compensation for holidays.

To be eligible for holiday pay, an employee must work the last scheduled working day before and the next scheduled working day after each holiday, unless the employee is on a paid vacation, sick or bereavement leave. If an eligible employee works on a recognized holiday, he or she will receive holiday pay wages at one and onehalf times his or her straighttime rate for the hours worked on the holiday. Straighttime or base rate pay is the employee's annual salary divided by scheduled hours for that calendar year.

(2.90.195, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.200    Family and medical leave.

The Family and Medical Leave Act of 1993 provides eligible employees with up to 12 weeks of unpaid leave for their own serious illness, the birth or adoption of a child or the care of a seriously ill child, spouse or parent.  For an employee to be eligible for medical leave, he or she must have been employed by the County for at least one year and have worked 1,250 hours within the previous 12 month period. The County utilizes a rolling 12-month period measured backward from the date an employee uses any leave under the FMLA for computing eligibility for leave.

When an employee plans to take Family or Medical Leave under this policy, the employee is required to give the County 30 days written notice or if this is not possible, as much notice as is practical.  Requests for leave of absence forms must be submitted to the Department Head and thereafter given to the Board of County Commissioners for final approval. An employee undergoing planned treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to County operations.

The County may require an employee to report periodically during the leave period on the employee's leave status and the employee's intention to return to work.  Employees returning from FMLA leave will be given the same job or an equivalent job with equivalent pay, benefits and other employment terms. The County will consider an employee's failure to report to work at the end of the leave period as an employee resignation.

The County may require medical certification to support a claim for leave for an employee's serious illness or the serious illness of a child, spouse or parent.  For an employee's own medical leave, the certification must include a statement that the employee is unable to perform the functions of his or her position.

For leave to care for a seriously ill child, spouse, or parent the certification must include an estimate of the amount of the employee's time that will be needed to care for the child, spouse or parent.  The County reserves the right to require a second medical opinion from an independent medical provider.  The County will pay for the second opinion and will designate a provider who is not an employee of the County of Vanderburgh.  If the two opinions conflict, the employer will pay for a third opinion.  The opinion of the third provider is final and binding on both the County and employee.

All accrued sick leave and vacation leave will be applied to leave for pay purposes.  Unused sick leave in an employee's sick leave bank must also be used during the leave period.  Accruals for benefit calculations, such as vacation, sick leave or holiday benefits, will not be affected by the taking of family and medical leave.

The provisions of this policy shall be governed by the Family and Medical Leave Act of 1993.

(2.90.200, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.205    Sick leave.




The County provides paid sick leave benefits to all regular full-time employees for periods of temporary absence due to illness or injuries.  Parttime, temporary and probationary employees are not eligible for this benefit.

Eligible employees will receive regular pay for illness or injury for up to nine (9) days each calendar year.  New employees employed only a portion of the year will receive up to 6 hours per month.  Unused sick leave "rolls over" into employees' sick leave bank at the end of each calendar year.  Department heads shall report sick days to the Auditor’s Office with the payroll reports.

Upon separation of employment, an employee will be compensated for unused sick leave on a pro rated basis based upon the date of separation.  Employees who fail to give two (2) weeks notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused sick leave.

The following conditions and stipulations shall apply to sick leave:

A.    Sick leave may be taken only for reasons of sickness or injury.  Sick leave may be granted:

1.  When incapacitated for the performance of duty by sickness or injury.
2.    For medical, dental, or optical examination or treatment - verbal approval from supervisor or department head must be obtained in advance.
3.     When, through exposure to contagious disease, presence at work would jeopardize the health of others.
B.     Employees who are unable to report to work due to illness or injury should notify their direct supervisor before the scheduled start of their workday if possible.  The direct supervisor must also be contacted on each additional day of absence.

C.  To be eligible for payment for sick leave of more than three (3) consecutive days, an employee must submit to his/her supervisor a physician's report certifying that the employee has been ill or injured and unable to perform his/her employment during the period of his absence.

D.    If sick leave is taken the day before or the day after a holiday, the employee shall provide satisfactory proof of the genuine necessity thereof to his/her department head or supervisor.

Misuse or abuse of sick leave will result in disciplinary action, up to and including discharge.  Sick leave benefits will be calculated based on the employee's base pay rate (an employee's annual salary divided by scheduled hours for that calendar year).

The Auditor must be provided a report of employee sick days used each payroll period.  Proper documentation must be available upon employee retirement for an employee to be compensated unused sick days.

(2.90.205, Amended, 11/10/2003, Replaced 2.88.)


Section 2.90.210    Sick leave bank.

A sick leave "bank" shall be established for the purpose of relieving its memberemployees from undue financial burdens owing to absence from work for an extended period of time because of severe and prolonged illness or injury.  Each employee contributes to the "bank" the number of unused annual sick days for each year of employment up to the maximum of nine (9) days per year.

Use of the "bank" (paid sick leave) shall be granted only after the participating employee has exhausted all of the current year's sick leave days and has presented to the employee's supervisor or department head a written statement of a physician setting forth the nature of the medical problem and the physician's opinion that such extended absence from county employment is necessary.  Each department head and supervisor will maintain records certified by each supervisor or department head of the number of and dates of sick leave and the individual accounts of each employee participating in the leave "bank".  A duplicate of all records shall be provided to the County Auditor.  

At the time of retirement or separation of employment, employees with at least three years of continuous service shall be entitled to receive payment, at the current rate of pay, for sick leave accumulated in the employee’s sick leave bank up to a maximum of sixty (60) days.  Employees who fail to give two (2) weeks notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused time in the sick leave bank.

(2.90.210, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.215    Military leave.

A military leave of absence will be granted to all County employees, except those occupying temporary positions, to attend National Guard and Reserve active duty training assignments or inactive duty training drills (“Temporary Leave”) or if called to active duty military service (“Active Duty Leave”).

Employees who have completed one year service with the County will be permitted up to fifteen (15) days of compensated Temporary Leave per calendar year.  

Employees who have completed one year of service with the County will be permitted a number of days of compensated Active Duty Leave equal to the number of days such employees are on Active Duty Leave.

In the case of both Temporary Leave and Active Duty Leave, compensation will consist of the employee's regular rate of County pay minus the earnings received by such employee from the military service for the period of the Temporary Leave or the Active Duty Leave, as applicable.  

Compensation is contingent upon the County receiving adequate advance written notice of the Temporary Leave or Active Duty Leave and receipt of official documentation from the military service of compensation received by the employee from the military service for the period of the Temporary Leave or Active Duty Leave.  New employees who are required to perform military service for more than fifteen (15) days in a calendar year may elect to use their vacation time in conjunction with Temporary Leave or Active Duty Leave.  

Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, the employer will continue to provide health insurance benefits for up to eighteen (18) months of Temporary Leave or Active Duty Leave.  The employee must continue to pay the employee’s share of the premium for such health insurance benefits.  

Employees on Temporary Leave are required to return to work with the County for the first regularly scheduled shift after the end of the Temporary Leave, allowing for reasonable travel time.  Employees on Active Duty Leave must notify the County of the intent to return to employment in accordance with all applicable state and federal laws.

Upon return from Temporary Leave or Active Duty Leave, the returning employee is entitled to be reinstated in his/her former position with the County or to a comparable one unless such reinstatement would cause undue hardship on the County. Every reasonable effort will be made to return eligible employees to their previous position with the County.  Each returning employee will be treated as though he/she was continuously employed for purposes of determining benefits.
(2.90.215, Amended, 09/06/2005; 2.90.215, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.220    Bereavement leave.

In the event of a death in a non-probationary employee’s immediate family (employee’s step-mother, step-father, mother-in-law, father-in-law, brother, sister, grandchildren, or grandparents), the employee shall be entitled to be absent from work for a period of up to, but not more than, three (3) consecutive working days for the purpose of making necessary arrangements and attending the funeral.  An employee shall be eligible for up to five (5) consecutive working days for the death of the employee’s mother, father, spouse or child.  An employee shall be eligible for one (1) day off work for the death of a brother-in-law, sister-in-law, spouse’s grandparents, step-brother or step-sister. During such absence, the employee shall be compensated at his regular straight-time rate, not in excess of eight (8) hours per day of leave.  Absence compensation shall not include any pay for lost overtime, premium pay, or holidays.

Additional unpaid funeral leave will be at the discretion of the County Commissioners upon request from the officeholder/department head.

Funeral leave may be taken as necessary to settle the affairs of the deceased other than at the time of the funeral; provided, however, that the employee submits proof of necessity for attendance at court hearings or in conference with an attorney.

(2.90.220, Added, 11/10/2003, Replace 2.88.)


Section 2.90.225    Jury duty/litigation.

The County encourages employees to fulfill their civic responsibilities by serving jury duty when required.  Employees shall be paid their regular salary minus the amount of jury duty pay while on jury duty leave.  Regular fulltime employees qualify for paid jury duty leave.

Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate the employee's absence.  Of course, the employee is expected to report for work whenever the court schedule permits.

An employee subpoenaed to testify as the result of employment by the County shall receive regular pay, if such employee is required to testify during the regular work schedule.  Any such employee receiving a subpoena should immediately either notify the County Attorney or the County Prosecutor.

Either the County or the employee may request an excuse from jury duty if, in the employer's judgement, the employee's absence would create serious operational difficulties.

The employer will continue to provide all regular benefits for the full term of the jury duty absence.

(2.90.225, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.230    Educational leave.

With the approval of the department head or supervisor, release time may be granted for the attendance at seminars, workshops, training programs, or other employment related educational functions. Outoftown travel requires approval by the County Commissioners.

(2.90.230, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.235    Personal leave.

Each regular full time employee will receive four (4) days personal leave per year with pay for the transaction of personal business and/or the conduct of personal or civic affairs provided two (2) days notice is given, except in case of special circumstances.  Personal leave days shall not accumulate from year to year and are forfeited if not taken.  No more than two (2) personal leave days may be taken in succession.

Like vacation and sick leave, employees will receive a pro rata share of personal days upon separation of employment.  Employees who fail to give two (2) weeks notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused personal leave.

(2.90.235, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.240    Leave of absence without pay.

Regular fulltime employees may be granted, after 1 year of service, a leave of absence without pay not to exceed six (6) months.  A leave of absence should be taken for reasons which are in the best interest of the County and/or employee upon sufficient notice and at the discretion of the County Commissioners.

During such period the employee will not accrue time for any other benefit provided herein.  Sick leave and vacation leave shall not accrue and such employee shall not receive compensation for designated holidays.

Upon return to employment, the employee will, for the purpose of accrual and eligibility for benefits, be reinstated in the position or comparable position the employee was assigned at commencement of the leave of absence.

(2.90.240, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.245    Worker's compensation.

The County provides a comprehensive worker's compensation insurance program at no cost to employees.

This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment.  Subject to applicable legal requirements, worker's compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately.

Any employee who sustains a workrelated injury or illness should inform his or her supervisor immediately.  No matter how minor an onthejob injury may appear, it is important that it be reported immediately.  This will enable an eligible employee to qualify for coverage as quickly as possible.

Neither the County nor the insurance carrier will be liable for the payment of worker's compensation benefits for injuries that occur during an employee's voluntary participation in any offduty recreational, social or athletic activity sponsored by the County.

If an employee is injured on the job and sent to the designated health care facility for evaluation/treatment, the time that the employee is gone on that day for treatment is credited as time worked.

(2.90.245, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.250    Benefits continuation (COBRA).

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the employer's health plan when a "qualifying event" would normally result in the loss of eligibility.  Some common qualifying events are separation of employment, or death of an employee; a reduction in an employee's hours or a leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting eligibility requirements.

Under COBRA, the employee or beneficiary pays the full cost of coverage at the employer's group rates plus an administration fee.

Effective as of November 1, 2007, if the “qualifying event” is the death of an employee, the County shall pay the full cost of the COBRA medical premium for the dependents of that deceased employee for the first full month following the date of death of such deceased employee; provided, however, that only dependents of such deceased employee who are covered under the employer’s health plan at the time of the death of such deceased employee will be eligible for coverage during said one (1) month period; provided further, however, that after said one (1) month period, the surviving dependents of such deceased employee will be fully responsible for all COBRA medical premiums under all applicable COBRA laws and guidelines if they elect to continue coverage past the first month.

The County Auditor provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under the employer's health insurance plan.  The notice contains important information about the employee's rights and obligations.

(2.90.250, Amended, 12/11/2007; 2.90.250, Added, 11/10/2003, Replaced 2.88.)





Section 2.90.255    Letter upon termination.

Upon written request of a discharged employee, it shall be the duty of the officeholder/department head to provide a letter to the employee setting forth the reasons for termination, if any.  This letter also will outline the nature and character of the services rendered by the employee and the duration of employment.  

(2.90.255, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.260    Retirement/PERF.

All full time salaried County employees, with the exception of law enforcement personnel, judges and the prosecutor are covered by PERF, a retirement program established and maintained by the State of Indiana.  PERF pays benefits to cover workers or their dependents upon retirement, death and, in certain cases, serious illness or injury.  The contributions and accumulated interest credits are refundable when an employee terminates employment prior to being eligible for benefits.  PERF's Employer Financed Pension requires 10 years of service to become vested, and is paid by the County based on an employee's length of employment, average salary and age at retirement.  Questions concerning the program, should be directed to:  Public Employees' Retirement Fund of Indiana, Harrison Building, Suite 800, 143 West Market Street, Indianapolis, Indiana 462042899; phone (317) 2331615.

(2.90.260, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.265    Incentive plan.

In order to achieve and to promote maximum economy and efficiency in county government, the County Commissioners establish the following employee incentive plan:

Employee Suggestion Plan:This ordinance shall be in full force and effect from and after its passage by the Board of Commissioners of Vanderburgh County, Indiana.


The County Commissioners annually may select from written suggestions submitted by the County employees those which when, adopted or implemented by the County Commissioners or other unit of county government, achieves an economy or savings of public funds whether through consolidation of service, elimination of waste or duplicity, reduction of cost or expenses or other tax savings or cost cutting measures.  Employees whose suggestions are chosen by the County Commissioners shall be awarded additional paid vacation days.  The number of vacation days awarded shall be determined by the County Commissioners as the circumstances dictate.  

All suggestions are to be submitted in writing, dated and signed by the employee.  The County Commissioners' office on receipt shall mark with date and time of receipt.  In the event of same or similar suggestions, the earliest filed suggestion shall be accepted in lieu of other same or similar suggestions. The number of days leave awarded shall be in addition to all other leave benefits accrued and may be accumulated and carried forward.  A record of such accumulated days off leave shall be maintained by each department head or supervisor and a duplicate thereof furnished to the County Auditor.

(2.90.265, Added, 11/10/2003, Replaced 2.88.)


Section 2.90.270    Health insurance.

The County provides medical group health insurance for elected officials and regular fulltime County employees.  Specific details are contained in the County's insurance plan, of which copies are provided to eligible employees.  Questions regarding insurance benefits should be directed to the County Auditor's office.

A.    Group Health Insurance Plan for Retired