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(A) Civil Rights Law. Pursuant to the Civil Rights Law of the state, the county affirms it is committed to the policy of assuring all individuals the right to equal opportunities in all of its activities. Activities will be conducted without regard to an individual’s race, color, religion, sex, national origin, age, marital status or disability. The county remains committed to the constitutional rights of all persons to compete on an equal basis for employment and advancement opportunities.
(B) Responsibility. The county assumes responsibility for developing, implementing and enforcing an affirmative action plan. In the pursuit of equal employment opportunity, the county pledges to take the following actions:
(1) To ensure that recruitment, appointment, development and promotions for all positions are based only on relevant job related factors without regard to race, color, religion, sex, national origin, age, marital status or disability;
(2) To ensure that all personnel decisions and activities such as evaluations, terminations, layoffs and benefits are administered in accordance with equal opportunity principles;
(3) To determine the extent to which minorities and other affected class members are underutilized in the workforce and identifying and eliminating specific causes of under-utilization;
(4) To develop and maintain pools of affected class applicants through an active recruitment program; and
(5) To establish a structured monitoring system which ensures effective implementation of the affirmative action plan.
(C) Positive action. The county realizes that affirmative action means positive action to utilize the county’s reservoir of untapped human resources and skills among the protected classes. The county will strive to make its personnel system free of barriers to equal employment opportunity and supports the belief the equal opportunity principles are conducive to effective management and agency operation.
(D) Laws. The county will comply with all federal, state and local law relating to equal employment opportunity (EEO), affirmative action and non-discrimination in public services. These laws include:
(1) Titles VI and VII, Civil Rights Act of 1964, being 42 U.S.C. §§ 2000e et seq., as amended;
(2) Executive order 11246, as amended;
(3) Revised order #4;
(4) The Equal Pay Act of 1963, being 29 U.S.C. § 206(d);
(5) Indiana Civil Rights Law, being I.C. 22-9-1-1 et seq.;
(6) Age Discrimination Act, being 92 U.S.C. §§ 621 et seq.; and
(7) Rehabilitation Act of 1973, being 29 U.S.C. §§ 791 et seq.
(E) Affirmative action expediter. The county maintains on staff an individual who is delegated the responsibility for coordinating the affirmative action activities. The expediter reports directly to the Commissioners and is given the necessary cooperation and resources to carry out the responsibilities of the job.
(1) The designated AAE for this agency is: David P. Varble, Jr. 222 E. Court Avenue Jeffersonville, Indiana 47130; (812) 282-7420.
(2) Specific duties of the affirmative action expediter include, but are not limited to:
(a) Developing the written affirmative action plan for the appointing authority’s approval;
(b) Serving as the liaison with the state affirmative action office in the design, implementation and monitoring of the county’s affirmative action program;
(c) Assisting in the design and implementation of internal agency audit and report procedures that will measure the effectiveness of the county’s affirmative action program, indicate the need for remedial action and determine the extent to which the county’s goals and objectives have been attained;
(d) Keeping the appointing authority informed of the latest developments in the area of equal employment opportunity;
(e) Coordinating efforts of the offices within the county to effectively reach all employees with information on affirmative action;
(f) Maintaining files on affirmative action related material in order to assure documentation of good faith efforts in this area;
(g) Serving as liaison between the county and organizations representing the affected class members in order to develop and maintain an affected class recruitment network;
(h) Coordinating the county’s disabled program;
(i) Assisting with the development and implementation of training in the area of affirmative action as needed; and
(j) Assisting the county, office holders and employees, at all levels, in identifying and arriving at solutions to problems of equal employment opportunity, including formal complaint resolution.
(F) Affirmative Action Committee. The duties of the Committee are:
(1) Assisting the affirmative action expediter in the development of the county’s affirmative action plan;
(2) Monitoring on an on going basis, the effectiveness of the implementation of the plan in the county;
(3) Assisting the affirmative action expediter in the dissemination of information related to affirmative action;
(4) Assisting in the recruitment efforts directed toward qualified members of affected classes; and
(5) Assisting in the identification of possible discrimination within the county and developing procedures for eliminating such discrimination.
(G) Dissemination.
(1) Internal.
(a) A copy of the affirmative action plan will be provided to:
1. Board of County Com-missioners;
2. County Council;
3. All elected officials;
4. The affirmative action expediter/personnel officer; and
5. The Affirmative Action Committee.
(b) Elected office holders will disseminate a copy to their subordinates to read. A sheet will be provided so that employees may sign it as acknowledgment that they have read this plan.
(c) Discussion of the affirmative action plan and all personnel policies will be included in new employee orientation.
(d) Copies of the plan will be available from the office of the County Auditor free of charge.
(2) External.
(a) A copy of the plan will be made available to the public upon request.
(b) The words “equal opportunity employer” shall appear on all stationery, job announcements and advertisements.
(c) The county will forward a copy of the affirmative action policy statement to recruitment resources, upon request.
(H) Recruitment.
(1) Equal employment opportunity or affirmative action are widely misunderstood as concepts. They are frequently stigmatized as involving reverse discrimination, preferential treatment and the use of quotas. There is a widespread currency given to the notion that through affirmative action, special groups of people are perceived as receiving unfair and unjustified advantages in the job market (for example, minorities, women, older workers and disabled); and
(2) On the contrary, affirmative action is aimed at eliminating unfair barriers to employment. It entails going beyond the mere prohibition of discrimination, to actually ensure that seemingly neutral recruiting, training, hiring and promotion practices are not operating to the disadvantage of certain groups within the population. An effective affirmative action program should actually reinforce merit employment concepts by assuring that all segments of the society, not just some, have an opportunity to enter the public service on the basis of open competition and advance according to their relative ability.
(I) Training. Training for employees and supervisors often is essential to provide a climate of acceptance for an effective equal employment opportunity program. Training has become a necessary part of an employee’s total effort in achieving success of service to the public.
(1) There is a commitment to eliminate discrimination in employment and assure an equal opportunity to employment within each affirmative action plan, affirmative action training serves as one of the best tools to aid in fulfilling that goal. In fact, it is one of the best methods of communicating equal employment opportunity goals and suggesting positive steps to eliminate barriers in employment.
(2) Affirmative action is always changing in order to better meet the needs of employees. Effective training can provide a basic understanding of the laws which govern affirmative action and analyze equal employment problems within the agency.
(3) To supplement existing training, the county will:
(a) Train all levels of supervisors in their program responsibilities;
(b) Conduct orientation training for all new employees;
(c) Conduct affirmative action training for Committee members on an on going basis; and
(d) Evaluate all affirmative action related training programs on a yearly basis.
(Ord. 4-1986, passed 7-1-1986)
(A) The payroll deduction option, heretofore in place and offered to county employees, for purposes of each employee making a determination whether or not to consent to a payroll deduction in favor of a political party or affiliation is hereby abolished.
(B) The Auditor of the county is hereby authorized to take all steps that are necessary, immediately, to eliminate any deductions from the gross pay of all county employees made and intended for delivery to any political party or affiliation.
(C) It is the declared policy of the Board of Commissioners of the county that employment of any person or legal entity, by any office, organization or agent of the government of the county, shall not be based upon, related to or in consideration of the political membership, preferences, practices or affiliation of any such person or entity.
(D) It is the declared policy of the Board of Commissioners of the county that no employee or entity duly employed by any office of county government, as an employee, shall have such employment terminated or forfeited as a result of an individual choice not to make contributions to a political party.
(E) The Auditor of the county, subsequent to performing the duties set out in division (B) above, is not to engage himself or herself, or any employee of the Auditor’s office, in any future payroll deduction practices, from any employee’s gross remuneration, for purposes of holding and delivering such monies to any political party or political affiliation.
(Ord. 14-1987, passed 9-1-1987)
(A) Each county employee is required to wear a shirt and long pants/trousers while working and during working hours. Shorts and “tank top” shirts are expressly prohibited.
(B) Each employee is required to wear work boots or work shoes while working and during working hours. Tennis shoes, canvas shoes or running shoes are expressly prohibited.
(C) Each employee is to own a pair of work gloves, to be paid for by the employee.
(1) Such gloves are to be available to each employee during all working hours.
(2) Such gloves are to be worn by each employee at the instruction of the Superintendent or his or her designated agent who is in charge of supervising any particular work further, each employee is required to possess and wear heat-protective gloves, covering his or her hands, during any time that such employee is working with or near hot asphalt, or any hot asphalt mixes, particularly during paving and re-surfacing operations.
(D) Each employee that is designated to direct, control or maintain traffic during the time that county highway crews are working on any particular roadway is required to wear: the shirt, shoes and long pants previously described above; a safety helmet; and a safety vest, making such employee clearly identifiable to oncoming drivers.
(E) The County Highway Superintendent is hereby authorized by the Board of Commissioners to require adherence to this dress code, and to enforce the rules hereunder. He or she is further authorized to report any violations of this dress code, after the effective date, to the Board of County Commissioners. Violation of this dress code is grounds for warning, reprimand, suspension or dismissal.
(F) The Superintendent of the County Highway Department is to post a copy of this section at the County Highway Department garage, and he or she is further directed to make copies of same available, for pick-up at the garage, to each employee of the County Highway Department.
(Ord. 1-1988, passed 1-19-1988)
(A) Policy.
(1) The county government has a vital interest in maintaining a safe, healthy and productive work environment for its employees and in protecting government property, equipment and operations. The county is also committed to protecting the safety and well-being of employees and citizens.
(2) Drug and alcohol abuse have no place in the county government. It is the intention of the county government to have zero tolerance of these abuses and will conduct programs of prevention and education to ensure that the county government maintains a drug- and alcohol-free environment.
(3) The county is committed to the community and region as a leader in providing quality and excellence in services to the public. The county’s concern for the well-being of its employees and community has resulted in a drug and alcohol abuse policy that has been carefully designed to fit its particular circumstances.
(B) Scope. This policy applies to all employees who receive compensation through the county payroll system.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL OR ALCOHOLIC BEVERAGE. Any beverage that may be legally sold and consumed that has an alcoholic content in excess of 0.5% by volume.
COUNTY GOVERNMENT. For purposes of the drug and alcohol abuse policy only, as those persons, elected officials, appointed officials and offices who provide legally required programs and services and/or such other programs and/or services as are offered through the Board of Commissioners of the county or through any county office, that serves the public, in the county.
DRUG. Any substance other than alcohol capable of altering the mood, perception, pain level or judgment of the individual consuming it.
ILLEGAL DRUG. Any drug: which is not legally obtainable; or which is legally obtainable but has not been legally obtained. All substances listed in the federal controlled substances act or so-called “designer drugs” which have not been included in the federal controlled substances act or the misuse of other non-drug substances such as glue are covered by this definition. The term also includes prescribed drugs, legally obtained, but not being used for prescribed purposes.
LEGAL OR PRESCRIPTION DRUG. Any prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured.
UNDER THE INFLUENCE. For the purposes of this policy means that the employee is affected by a drug or alcoholic substance or the combination of a drug and alcohol in any detestable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of influence can be made by a variety of means including a professional opinion, assessment by designated trained personnel or a scientifically valid test.
(D) Application.
(1) The county government will not employ individuals who use any illegal drugs in any amount and regardless of frequency.
(2) Being under the influence of drugs or alcohol while performing county business or while on county premises is strictly prohibited.
(3) The use (other than prescribed or otherwise legally obtained drugs as specified below), sale, manufacture, trafficking, distribution, purchase, transfer, theft or possession of drugs and/or alcohol on county premises is strictly prohibited.
(4) An employee’s use of a legal drug while working can impose a significant risk to the safety of that employee or others.
(5) The use of a legally obtained drug is allowed, except to the extent such use may affect the safety of the employee, coworkers and others.
(6) It is recommended that employees make known to their immediate supervisors the use of such medication, including use either of a short- or long-term duration. This information will be recorded on the employee’s confidential personnel file for such employee.
(E) Employee assistance program. The county government will assist employees who request help with drug and alcohol dependency problems. An employee’s independent decision to seek assistance will not be used as a basis for disciplinary action, nor will it be a defense to or a mitigating factor in the imposition of appropriate disciplinary action, including termination for violation of any county government policy.
(F) Inspections and testing.
(1) Any county officeholder may conduct reasonable inspections on county premises, under his or her control, for illegal drugs or alcohol.
(2) Employee’s are expected to cooperate in such inspections. Inspections will be conducted in the presence of the employee, and will only be conducted when there is reasonable suspicion that an employee is in violation of this policy. An employee’s refusal to consent may result in disciplinary action, up to and including termination.
(G) Confidentiality of information obtained.
(1) Information obtained on individuals pursuant to this policy will be disclosed only to those persons having a legitimate need for, including medical providers, if necessary.
(2) Medical records pertaining to drug or alcohol testing are confidential and access to records shall be in accordance with existing policies.
(H) Disciplinary action.
(1) Violation of this policy will result in disciplinary action, up to and including termination.
(2) Off-the-job use, sale trafficking, distribution, purchase, transfer, theft or possession of illegal drugs which could adversely affect an employee’s job performance or jeopardize the safety of other employees or the county’s public image or reputation is also proper cause for disciplinary action, up to and including termination.
(Ord. 3-1991, passed - -1991)
(A) The Group Health Insurance Program, as provided to full time county employees, is hereby made available to qualified retired full time County Sheriff’s employees. In order to qualify for this retirement benefit, the applicant must:
(1) Have retired from the County Sheriff’s office on, or after, the date of January 1, 1998;
(2) Be at least 55 years of age and less than 65 years of age on the effective date of retirement, and must not have reached the age of 65 before July 1, 2003;
(3) Have completed at least 20 years of service as a full-time County Sheriff’s office employee;
(4) Meet all eligibility requirements of the group health insurance carrier, or carriers, from which the county purchases health insurance coverage; and
(5) Make timely application for coverage.
(B) If a determination is made that an applicant has made a false statement regarding eligibility, he or she shall be required to pay a penalty to the county in the amount of 125% of the amount that the county has paid to the health insurance carrier for the applicant’s coverage. The applicant shall also be responsible for reimbursing the health insurance carrier for any health benefits paid by said carrier for the applicant.
(C) Group health insurance benefits shall be available to the retiree’s eligible spouse.
(D) If, for any reason, the retiree becomes ineligible to continue the group health insurance coverage pursuant to this section, he or she may reserve the option to receive coverage at a later date when he or she becomes eligible. An application to reserve the option must be made at the office of the County Sheriff’s personnel office no less than 30 days before the applicant becomes ineligible. Re-entry into the County Group Health Insurance Program will be subject to eligibility requirements of the health insurance carrier, including, but not limited to, the “preexisting conditions” exclusions of the carrier.
(E) The only group health insurance plan, or plans, available to retirees pursuant to this section will be the plan, or plans, available to full-time county employees. Available plans are subject to change from year to year.
(F) All retired Sheriff’s employees eligible for group health insurance benefits pursuant to this subchapter shall also be eligible for payment for Medicare supplemental insurance from the fund created by this subchapter, when said retiree becomes eligible for Medicare, if said retiree has not reached the age of 65 before July 1, 2003.
(G) The only insurance carriers that will be eligible to provide Medicare supplemental insurance coverage, pursuant to this section, will be those carriers that are qualified Medicare supplement providers. The insurance carrier to be selected shall be determined by the County Sheriff and or the County Commissioners.
(H) The County Auditor shall establish a fund to be known as the Sheriff’s Retiree Group Insurance Fund.
(1) The Auditor shall withhold from each salary, payment of each active full-time County Sheriff’s employee, the amount of $5 per pay, and shall place said withholding in the County Sheriff’s Retiree Group Insurance Fund.
(2) From said fund the Auditor shall pay the “retired employee’s share” for group health insurance benefits as set out above, and the Auditor shall also pay from said fund the premiums for eligible retiree’s Medicare supplemental insurance.
(3) The first withholding pursuant to this section shall be from the pay period January 1, 1998.
(4) The first employee’s shore or premium payment from the fund shall be no sooner than July 1, 1998.
(I) Retirees must notify the Sheriff’s personnel section in writing of their eligibility for Medicare supplemental insurance coverage, pursuant to this section. After said notification, the Sheriff’s personnel section shall notify the Auditor of the amount of the premium to be paid from the fund, the dates of said payments and the insurance carrier to which said payment shall be made.
(J) All previous ordinances providing group health insurance coverage to retired Sheriff’s employees are superseded by this section, and hereby repealed.
(K) If an employee retires and does not elect to participate in the county-sponsored benefit, no refund is available for contributions over the years. This section shall be in full force and effective from and after the date that it is adopted by a majority of the Board of Commissioners of the county and signed by its President.
(L) All deposits are non-refundable in case of termination of employment, whether by choice of employee or employer.
(Ord. 13-1997, passed 11-18-1997)
(A) Any insurance payments other than payroll deductions must be in the office of the County Auditor not later than the first day each month to continue coverage.
(B) Failure to have payment in the office of the County Auditor by the above date will result in immediate termination of coverage.
(Ord. 4-2001, passed 4-12-2001)
The county employee policy handbook attached to the ordinance codified in this section supersedes and repeals all prior written county personnel policies, and shall be in full force and effect on and after January 1, 2005.
(Ord. 16-2004, passed 11-4-2004; Ord. 14-2011, passed - -2011; Ord. 2012-6, passed 3-1-2012; Ord. 22-2013, passed 12-19-2013; Ord. 1-2014, passed 1-16-2014)
(A) The attached County Highway Department and Commissioners’ office position descriptions supersede and repeal all prior written position descriptions.
(B) As specified below and described on each position description: Highway Department and Commissioners’ office positions are classified as either “exempt” or “non-exempt” under wage and hour provisions of the U.S. Fair Labor Standards Act (FLSA), being 29 U.S.C. §§ 201 et seq.
Department/Position Title | FLSA Status |
Department/Position Title | FLSA Status |
Commissioners’ Office | |
Secretary/administrative assistant | Non-exempt |
Highway | |
Assistant Director | Non-exempt |
Assistant Supervisor Bridge Crew | Non-exempt |
Assistant Supervisor - District 1 | Non-exempt |
Assistant Supervisor - District 2 | Non-exempt |
Assistant Supervisor - District 3 | Non-exempt |
Bookkeeper/Administrative Supervisor | Non-exempt |
Bridge Crew | Non-exempt |
County Engineer/Director | Exempt |
District Supervisor - District 1 | Non-exempt |
District Supervisor - District 2 | Non-exempt |
District Supervisor - District 3 | Non-exempt |
Highway Operator - District 1 | Non-exempt |
Highway Operator - District 3 | Non-exempt |
Lead Mechanic | Non-exempt |
Mechanic | Non-exempt |
Supervisor Bridge Crew | Non-exempt |
Support Crew Lead | Non-exempt |
(Ord. 18-2004, passed 11-4-2004)
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