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SECTION 2- HIRING PROCESS AND EMPLOYMENT STANDARDS
(A) Lake County maintains a recruitment and hiring process designed to allow all persons qualified and interested, an opportunity to apply. Applications for most County positions can be obtained from the individual division of government or department. Due to special requirements of the hiring process, applications for the Lake County Police Department, Auditor, Treasurer, Coroner, Recorder, Assessor, Surveyor, Clerk and Sheriff can be obtained from those offices. In accordance with Indiana state statute, applicants must also complete a Verification of Applicant for Employment for Compliance with Lake County's Nepotism Policy form.
(B) Internal Recruitment Procedure
(1) The County values its employees and encourages promotion and advancement from within and provides its employees an opportunity to apply for a vacancy before that opportunity is extended to the general public.
(2) Open positions will be posted for a period of five (5) working days internally unless otherwise noted by collective bargaining agreement, and a reasonable attempt will be made to post the vacancy in all departments in the County, easily accessible to department employees as well as in a common and designated area in each County-owned facility. As a general rule, internal bidders will file a job bid with the department with the open position and should be considered and/or rejected before outside applications may be considered. Temporary or seasonal employees may bid on any posted position, providing if that employee was actively employed during at least one day of the posting period. Employees who are completing a probationary period are not eligible to bid on a posted vacancy. Generally, after posting the form internally, and if the position has not been filled, the vacancy will then be posted for three (3) days minimum for external candidates.
(3) The decision to award the open position to an internal candidate is up to the department head and/or elected official that oversees that division of county government. Consequently, an internal candidate is not entitled to selection, and the elected official or department head may choose to seek outside candidates instead.
(C) Exceptions to the Posting Procedure
(1) Supervisory positions (those positions where an employee oversees other employees, processes or can authorize expenditures) may be filled by using either internal or external recruitment procedures.
(2) Positions that are being filled due to transfer or voluntary demotion may be waived at the discretion of the elected official who oversees that division of county government.
(3) Due to the short term nature of temporary or seasonal positions, the need to post these vacancies may be waived at the discretion of a department and after discussion between the department head and the elected official who governs that operation.
(4) Periodically, a position may be filled only to have the new employee leave the position, either voluntarily or involuntarily, within the first few weeks of employment. In the event that a vacancy occurs within thirty (30) days of filling a position, the vacancy does not need to be reposted unless the department head believes that it is in the best interest of the County to do so.
(D) Recruitment Procedure - External
(1) When the internal recruiting procedure has failed to attract qualified personnel for a valid job vacancy, candidates from outside current County employment will be sought from any or all of the following sources:
(a) Minority recruitment resources as specified in the County's affirmative action plan
(b) Walk in applicants
(c) Bulletin boards
(d) Newspaper advertising
(e) Professional journals
(f) Temporary employment agency
(g) State employment service
(h) Job bank applicants
(2) Positions will be held open for three (3) working days following public notice. All employment notices and/or ads shall prominently display the words “An Equal Opportunity Employer.”
(E) Hiring
(1) It is the responsibility of the department to contact individuals for interviews and testing, using appropriate unbiased questions and validated skills testing where relevant. In all positions requiring licenses or degrees, all offers will be contingent upon receipt of copies of licenses or transcripts of college work.
(2) Applicants will not be barred from consideration due to a misdemeanor criminal conviction unless the position has access to sensitive information or has responsibilities that may create conflict with that applicant's record. Applicants may be required to apply for a limited criminal background check depending on the position, and are responsible for the cost of that background check.
(3) Final selection of the applicant will be made by the elected official who oversees that department.
(F) Employment Processing and Paperwork
(1) Once a conditional offer of employment is made, whether it is for part-time, full-time, seasonal or temporary employment, the applicant, depending on departmental policy may be required to undergo a drug test. Further employment processing will depend on the test results. The cost of the testing shall be the responsibility of the applicant. If the applicant is hired for employment, all future drug/alcohol testing that occurs due to employment will be paid for by the County. A list of providers who may offer a discounted drug test will be provided by “Working Well” at St. Anthony Medical Center in Crown Point.
(2) Upon acceptance of the offer of employment (and results of a drug test if applicable), a new employee will be provided basic employment information such as days of work and first payday.
(3) The employment processing will also include the new hire's completion of various forms and paperwork required by the County, State or Federal Government:
(a) Submission of degrees, licenses, certifications or other proof of position requirements;
(b) Completion of an I-9 immigration form, W-4 form, any relevant deduction authorizations, personnel information file and employee identification card;
(c) Referral and completion of a physical examination if required;
(4) The employee will also receive relevant information on insurance/benefits, along with information regarding union status of the position being filled (If it is a union position).
(5) Every new employee is asked to sign a copy of the disclaimer found in the Introduction of this handbook that outlines and defines the “at-will” relationship between that employee and the County.
From time to time, an employee may leave the County's employment only to return at a later date. Employees who return to work for the County and subsequently complete twelve (12) months of consecutive employment will then be credited for any previous full time employment service. Credited time will be applied towards vacation and other benefits. This policy does not apply to employment situations that pre-date the issuance of this handbook.
(A) When employees are hired, they provide information needed for payroll, insurance, and pension purposes, to name a few. However, some of this information periodically changes, and to make sure that the County's records are up-to-date, all employees are required to report changes in personal information including:
(1) Emergency Contact Information
(2) Home Address or Telephone Number
(3) Marital Status (marriage, divorce, legal separation)
(4) Beneficiary (for group term life insurance and/or pension plan (PERF)
(5) Changes in Education
(6) Birth or Adoption of Child or Placement in Home of Foster Child
(7) A child's nineteenth birthday (for employees with dependent children on the County's health and dental insurance plan). If the child is enrolled in college, he/she may continue coverage (see the Insurance Department for details).
(B) Although not required, employees are encouraged to provide their supervisor with their e-mail address.
(C) An employee who is in a position that requires an on-call status may be required to provide his/her supervisor with a current cellular telephone number.
(A) The County uses a variety of classifications to describe the status of its employees to define the terms and conditions of employment. These terms can be used by themselves, in conjunction with each other, or even interchangeably. The terms clarify as to whether an employee is entitled to overtime or benefits.
(B) Full- Time: An employee who has completed his/her orientation period and who works on average at least thirty (30) hours or more per week.
(C) Full-Time Probationary: A newly hired employee or an employee assigned (either through promotion or demotion) to a new job classification who has worked at the same position for more than ninety (90) calendar days, then becomes a full time employee. During the 90 day probationary period, a newly hired employee is not eligible for health insurance benefits.
(D) During this period, the newly hired employee will have the opportunity to get to know the County and the County will have the opportunity to get to know the employee. The period allows an employee to become familiar with the opportunities and responsibilities of being an employee of Lake County. This period also allows both the employee and the County to determine whether continued employment will be to the advantage of both parties. At the end of this orientation period, the employee will become eligible for regular employee status. The employee's department head will meet with the employee to discuss his/her evaluation and status for permanent employment.
(E) In certain circumstances, it may be in the employee and County's best interest to extend the orientation period for an additional thirty days. However, regardless of an extension (of probation), the employee will be eligible for health insurance benefits after he/she completes 90 calendar days of employment.
(F) A full-time employee may be exempt or non-exempt:
(1) Exempt
(a) A full-time “exempt” employee is a salaried employee who is exempt from the overtime and/or compensatory time requirements of the Fair Labor Standards Act (FLSA). An exempt employee has certain decision-making responsibilities and meets other criteria of the federal act. Job titles alone do not determine the exempt or non- exempt status of any employee.
(b) Since duties and responsibilities vary, it is best to verify through the Humane Resources Department that a position meets the requirements of being exempt under the FLSA. For example, an exempt employee must be paid on a salary basis of no less than $455 per week and perform certain types of work that is directly related to the overall management of a business or operation. The person must be authorized to directly or indirectly hire, fire and direct at least two other employees. The employee's primary duty must include the exercise of discretion and independent judgment with respect to matters of significance within the operation. Additional exemptions may be granted if the position:
1. requires specialized academic training for entry into a professional field, or
2. is in the computer field (employees who work in the computer field may be exempt if they are paid no less than $27.63 per hour), or
3. is in a recognized field of artistic or creative endeavor.
(2) Non Exempt - A full-time employee who is “non-exempt” is entitled to overtime and/or compensatory time under the Fair Labor Standards Act for all hours worked in excess of forty (40) hours in a workweek, at a rate of 1.5 times the hours worked either in pay or compensatory time. (See Flexible Schedule Section for additional details.)
(G) Part-Time
(1) An employee who has completed his/her orientation period and who works on average less than twenty-nine (29) hours per week. Part- time employees, although valuable members of the County’s workforce, are not eligible for all of the benefits (such as health insurance or pension benefits) afforded to full time employees.
(2) A part-time employee is prohibited from working for more than one County officeholder or department during a single pay period and shall not work more than twenty-nine (29) hours per week in a single pay period.
(3) Since part-time employees are limited to 29 hours per week, they should not work more than forty (40) hours in a week. However, in the event that a part-time employee does work more than forty hours in a week, the employee will be paid at a rate of l .5 times the number of hours worked (over and above forty hours) either in pay or compensatory time in accordance with federal law.
(H) Temporary or Seasonal: An employee who is hired for a specific period of time, with a known duration of no more than four (4) months or an employee who is assigned to a part-time job with a known limited duration of less than ten (10) full months is not eligible for benefits. Often these employees are also referred to as seasonal or temporary employees. A temporary employee may work either a full or part-time schedule depending upon the assignment. If the employee works more than forty hours in a week, the employee will be paid at a rate of 1.5 times the number of hours worked (over and above forty hours) either in pay or compensatory time.
(I) Classification Regarding Exempt Employees
(1) As noted above, certain positions such as department heads are considered exempt under the Fair Labor Standards Act (FLSA). The position must meet certain standards and conditions, and be given authority and responsibility that makes the position exempt under the FLSA.
(2) By virtue of this designation, exempt employees do not track the hours that they work. For timesheet purposes, exempt employees are instructed to note which days they worked and that they “have completed all assigned tasks and duties.”
(3) Employees who have specific questions regarding their exempt or non-exempt status should review the Fair Labor Standards Act or contact the County Council's Attorney or U.S. Department of Labor Wage and Hour Division.
(Ord. 1356C-3, passed 7-7-2015)
(A) A new employee needs to become familiar with his/her position, County operations, policies, rules and regulations and fringe benefits. In order to provide new employees with support, answers to questions and assistance in being successful in their daily job duties, the County conducts a two-step orientation process for its employees.
(B) The first step in the orientation process is provided by the County Human Resource Office, which will review basic employment requirements and benefits, such as:
(1) Job title and wages
(2) Fringe benefits
(3) Rules and regulations, including disciplinary procedures
(4) Requirements of the collective bargaining agreement, if such an agreement covers the new employee
(5) Review of this handbook
(C) After meeting with the Human Resources Office, the employee will complete the orientation process with his/her department head who will review specific job duties, explain the work site, job duties required, performance expectations, department rules and safety regulations. Many larger departments will assign a new employee to shadow or be mentored by a senior employee who knows the position and responsibilities.
(A) Every new employee, as well as an employee who transfers from one position to another, begins his/her employment with the County as a probationary employee (with the exception of certain executive level employees such as department heads) for the first ninety (90) calendar days of employment. Probation is an assessment period that helps determine whether the employee and County should continue the employment on a more long-term basis. A probationary employee may be dismissed or may voluntarily quit for any reason(s) and shall not have any recourse through the County's grievance procedure. An employee who is completing a probationary period may not bid or apply for another open position.
(B) A performance evaluation should conclude the probationary process and allow the department head to communicate to the employee any area(s) of satisfaction, dissatisfaction, or areas where the employee should improve his/her performance. The report is confidential and should only be discussed with the employee.
(A) This policy applies to all County employees including those covered by a collective bargaining agreement, unless the bargaining agreement or contract explicitly addresses the issue in a manner contrary to this chapter. In those instances, the terms of the bargaining agreement or contract will supersede the terms of this chapter.
(B) County offices are open to the public Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding holidays. Some departments have adopted a different schedule due to the nature of the position or a flexible work schedule to better accommodate the public. An employee's supervisor will assign a specific work schedule. Please note that a work schedule is not guaranteed and is subject to change.
(C) Regular Work Time - The regular work week shall be considered Monday through Friday and the regular workday is defined as eight hours per day from 8:30 a.m. to 4:30 p.m. (unless as noted above).
(D) Lunch Hour
(1) Salaried employees are entitled to a one-hour lunch period per workday. Employees who fail to take a lunch period will not be compensated unless authorized by the department head to work through a lunch hour in order to allow that employee to adjust his/her start or end time (come in late or leave early on the same day), or due to circumstances where the employee was required to perform his/her work duties that precluded the employee from taking a lunch.
(2) Hourly employees are entitled to lunchtime set by department policy.
(E) Breaks - The County provides breaks or rest periods to its employees. Non-exempt employees who work at least seven hours in one shift will receive a break of 15 minutes at approximately the middle of every three and one half hours of work not interrupted by a meal period. Supervisors are responsible for scheduling the time for employee breaks. All breaks should be arranged so that they do not disrupt County business or service to the public and should consider the workload and the nature of the job or jobs being performed. When necessary, the frequency and time of breaks may be changed. Time spent on breaks is compensated as working time. Employees are expected to be punctual in starting and ending their breaks and are subject to disciplinary action for extending breaks beyond the 15 minutes allowed.
(F) Overtime/Compensatory Time
(1) Eligibility for compensable overtime will be determined by the Fair Labor Standards Act. All overtime must be approved and authorized by an employee's department head or supervisor. Under no circumstances may an employee authorize his/her own overtime.
(2) All non exempt employees will be granted compensatory or overtime at the rate of one and one-half (1-1/2) hours for all hours worked over (40) hours in any given work week. (Note: Although some full-time employees work only 35 hours, federal law requires that overtime [or compensatory time] be paid at 1-1/2 times that employee's normal rate of pay only when the hours worked in a week exceeds 40 hours.)
(3) Should compensatory time be awarded, an employee cannot accumulate more than 480 hours of compensatory time in one year if the employee works in a public safety activity, an emergency response activity or a seasonal activity. All other employees are limited to no more than 240 hours compensatory time per year. Employees who exceed these limits must be paid overtime. An accurate record of all compensatory time earned and used shall be maintained by the department bookkeeper (See “Record Keeping” this section). An employee's request for the use of compensatory time off shall be made at least three (3) working days prior to the date(s) requested off. The request shall be honored unless the use would unduly disrupt the operations of the department by imposing an unreasonable burden on the department's ability to provide services of acceptable quality and quantity for the public during the time requested without the use of the employee's services.
(4) All compensatory time must be taken within the year it was earned unless the time is accumulated in the last quarter of the calendar year. Time earned during the last quarter only may be carried over to the first quarter of the following year. The carried-over compensatory time must be taken within that first quarter. Unused compensatory time must be paid as overtime.
(G) Record Keeping
(1) Documented overtime and compensatory time records shall be kept by each department for all employees and shall include:
(a) Date and reason for accumulation
(b) Name of person authorizing the overtime
(c) Date compensatory time taken
(d) All other records required by the FLSA or other federal or state law or regulation
(2) Time sheets shall reflect compensatory time taken and shall not be reflected as hours worked on that date.
(3) The Attorney of Record for each division of County government has the final authority interpreting this policy and is responsible for ensuring that all required records are kept and in accordance with the FLSA and will take appropriate measures to ensure compliance with state and federal regulation.
(H) Special Exceptions - Special exceptions to the regular workday and work week may exist where employees may be required to work other hours or days to meet the particular requirements of County services. In addition, regular hours are subject to change with the authorization of the employee's department head.
(I) Time Sheet Requirement - It shall be the responsibility of the department head to ensure that an accurate daily attendance record is kept on every employee in the department.
(J) Falsification of Time Records - Any individual who is involved in the falsification of time records or who knowingly causes improper reporting may be subject to disciplinary action up to and including dismissal.
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