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(A) As servants of the public, employees must dress in a manner and appearance that reflects professionalism.
(B) Those employees who are seen by and come in contact with the public are expected to dress with the same or higher expectations as associated with the private sector. Although requirements may be established by individual departments and approved by the appropriate elected official, employees should always dress in a manner that is appropriate for work and not distracting or unprofessional.
(C) Attire that is distracting to other employees, such as revealing or excessively tight-fitting clothing, clothes that are not clean or torn, or clothing that displays logos or wording that might be viewed as offensive or inappropriate by other employees or the general public should never be worn.
(D) Uniformed Employees - Employees who are furnished uniforms, including shirts or partial uniforms, must wear the provided uniform attire each day when reporting to work and performing duties. Employees are also responsible for the care and maintenance of any uniform that is received.
(E) Casual Attire - Dependent upon the office holder or department head, a relaxed style of attire may be allowed as part of the regular dress for work or on certain days. Revealing, offending or distracting attire, jeans that are tattered, torn, faded or otherwise inappropriate may still not be worn.
(F) Field Assigned Employees - Employees who are regularly assigned to field duties must maintain a professional appearance when representing the County in the field.
(G) The aforementioned guidelines should be viewed as minimum standards. Employees should contact their department head for further details.
Employees are responsible for maintaining their work areas in a clean and orderly fashion. Untidy and disorganized work areas can lower productivity by making even simple tasks more difficult and may even contribute to workplace accidents. Pets are generally not allowed in the workplace unless medically required for assistance.
(A) The following activities present a threat to the safety, welfare and integrity of the County and its employees, and will result in an employee being discharged on a first offense:
(1) The unlawful manufacture, distribution, possession, consumption, or use of drugs or drug paraphernalia in the workplace or on County time and the use or consumption of alcohol in the workplace.
(2) The unlawful manufacture or distribution of drugs outside the workplace.
(3) The consumption of alcohol within four (4) hours prior to performing scheduled safety-sensitive functions. The term “scheduled” does not apply to an event where an off-duty employee is requested to perform work in the event of an emergency or call out. However, the employee retains the responsibility to notify his/her supervisor that consumption of alcohol has occurred rendering that person unfit for duty. Failure to notify one's supervisor may be cause for appropriate disciplinary action or termination.
(4) Refusing or failing to submit to an alcohol and/or a drug test.
(5) Refusing or failing to cooperate with the collection process during drug and/or alcohol testing.
(6) Attempting to contaminate a drug test.
(B) The following activities by County employees are prohibited and will result in a three step process as specified below:
(1) The unlawful possession, consumption, or use of drugs outside the workplace.
(2) Performing any job function with an alcohol concentration of 0.04 or greater, as determined by an evidentiary breath test.
(3) The use of alcohol within eight hours following an accident which requires an employee to be tested for alcohol, unless the employee has already taken a post-accident evidentiary breath test.
(4) Testing positive for a drug/alcohol test.
(C) A violation of the above prohibitions will result in the following consequences:
(1) If a first offense occurs, an employee will be required to participate in a rehabilitation program selected, provided and paid for by the County (through any combination of insurance and County subsidy). In addition to the rehabilitation program, the County will assume the cost of follow-up testing as well as continued regular pay for the employee. Should the employee fail to participate or complete the program, he/she will be subject to immediate termination.
(2) For a second offense, the employee is subject to a thirty (30) calendar day suspension without pay and is required to pay the cost (except any portion covered by insurance) of and attend an appropriate rehabilitation program selected by the County. The employee will also be responsible to pay all costs of any follow-up drug and alcohol testing as required by the County. Should the employee fail to participate or complete the program, he/she will be subject to immediate termination.
(3) For a third offense (or positive result on a drug and alcohol test), the employee will be terminated.
(D) An on-call employee is subject to reasonable suspicion and drug and/or alcohol testing if, when responding to a call, a trained supervisor reasonably concludes that objective facts may indicate prohibited drug and/or alcohol use. Appropriate discipline (as described in this policy) shall apply.
(A) Employees have the right to work another job or career provided that it does not interfere with the employee's duties with the County and does not create a conflict of interest. The following would constitute “interference” with an employee's duties:
(1) The conducting of private outside employment during employee's regular work hours.
(2) Repeated tardiness or absenteeism due to outside employment.
(B) At no time may County resources be used to further private outside employment.
(A) Citizens, businesses and visitors alike look to government to be a model example of an ethical organization. First and foremost we must embrace the concept that the general public will have confidence that the conduct of County business is always conducive to the public good.
(B) Conflicts of Interest - No County employee shall engage in any act which is in conflict or creates an appearance of fairness, or conflict with the performance of official duties. An employee shall be deemed to have a conflict if the employee:
(1) Has any financial interest in any sale to the County of any goods or services in which such financial interest was received with prior knowledge that the County intended to, purchase the property, goods, or services.
(2) Solicits, accepts, or seeks a gift, gratuity, or favor from any person, firm, or corporation involved in a contract or transaction which is or may be the subject of official action by the County.
(a) Recognizing that personal friendships often precede and can evolve from official contact between employees and persons engaged in business with the County, reasonable exceptions to this section are permitted for those occasions which are social in nature and are not predicated on the employee's ability to influence, directly or indirectly, any matter before the County.
(b) The employee will be guided in interpretation of this section by the distinction between a gift, gratuity, or favor given or received which has significant monetary value and is offered or accepted in expectation of preferential treatment, and an expression of courtesy. Examples of acceptable courtesies include: a meal or social event; exchanges of floral offerings or gifts of food to commemorate events such as illness, death, holidays, and promotions; a sample or promotional gift of nominal value ($100 or less).
(3) Participates in his/her capacity as a County employee in the issuing of a purchase order or contract in which he/she has a private pecuniary interest, direct or indirect, or performs in regard to such contract, some function requiring the exercise of discretion on behalf of the County.
(4) Engages in, accepts employment from, or renders services for private interests for any compensation or consideration having monetary value when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in performance of official duties, or give the appearance of the above. An employee should not make a unilateral decision if there is any doubt about his/her private employment. The appropriate elected official's office should be consulted.
(5) Except for courtesies as provided in item (2) above, no employee shall, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, commission or gratuity from any source except the County for any matter directly connected with or related to his official services as such employee with this County.
(6) Discloses or uses without authorization, confidential information concerning property or affairs of the County to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the County.
(7) Have a financial interest or personal interest in any legislation coming before the County Council and participates in discussion with or gives an official opinion to the County Council unless the employee discloses on the record of the Council the nature and extent of such interest.
(C) Use of Public Property
(1) No employee of the County shall request, use, or permit the use of County owned vehicles, clothing, equipment, materials, unpublished information or other property for unauthorized personal convenience, for profit, for private use, or as part of secondary employment. Use of such County property is to be restricted to such services as are available to the County generally and for the conduct of official County business (See “Care For County Property Policy” [this section] for specific information). Telephones and fax machines serve as important tools and need to be used for official business; personal calls should be kept to a minimum (See “Telephone Use Policy” [this section] for specific information).
(2) Authorized personal uses include taking an assigned County vehicle to lunch, on workdays as needed. Use of County issued cellular phones for personal calls providing those calls are reimbursed to the County, and other nominal personal uses as permitted by the appropriate elected official on a case-by-case basis.
(D) Political Activities Conducted On Government Time
(1) Political activity on government time is strictly prohibited. This prohibition includes, but is not limited to: soliciting contributions or anything of value for a political candidate or cause; distributing literature, badges, buttons, signs, or stickers promoting or opposing any political candidate or cause; and, organizing, planning, or in any other way participating in the administration of any political campaign, including speaking in favor of or in opposition to any political candidate or cause.
(2) Working time includes the working time of both the employee conducting political activities and the employee to whom such activities are directed, but does not include break, lunch, or other duty-free periods of time.
(E) Solicitation and Distribution
(1) Because solicitation and distribution activities may interfere with normal operations, reduce employee efficiency, inconvenience employees, annoy customers, and pose a threat to security, the County prohibits these activities on its premises by non-employees and only permits solicitation and distribution by employees under certain approved conditions where the County may authorize fund drives by employees on behalf of charitable organizations or for employee gifts. Employees are encouraged to volunteer to assist in these drives, but participation is entirely voluntary.
(2) Violations of this policy may result in disciplinary action. Ethics training is offered by the County Human Resources Consultant several times per year.
(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) Organizations need regulations to govern the conduct of employees, maintain smooth operations, and provide general direction. The County is no exception. Rules have been enacted to help maintain safe and desirable working conditions for everyone, and are posted for general information and to ensure equitable and uniform corrective action when necessary. In order to demonstrate an accurate account of any incident that results in discipline, an employee's supervisor should complete a written report of any improper action. Disciplinary action will be issued by the supervisor upon review and authorization by the department head. In matters of Category IV violations, these actions must first be reviewed by the elected official to whom that employee ultimately reports (or his/her designee) before being issued (See also the “Suspension/Termination of Employment” in this section of this handbook).
(C) The County reserves the right to depart from these guidelines and to take action up to and including immediate discharge when, in its opinion, such action is necessary to protect the well being of the County or its employees.
(D) It is impractical to attempt to list all types of misconduct that may result in disciplinary action; therefore, the following are only basic guidelines:
(1) Category I - The County expects proper procedures and actions of its employees including, but not limited to: being on time; showing respect to co-workers, supervisors and visitors; reporting personal injuries; following normal daily procedures; and notifying one's supervisor in advance of any tardiness or absence. When an employee does not abide by these regulations, it is the supervisor's responsibility to work with the employee to correct the employee's behavior. If there is no improvement, the employee will be notified that his or her behavior or lack thereof, is not in accordance with County policy. This notification will be made verbally with written record of the discussion placed in the employee's file.
(2) Category II - When an employee fails to adhere to safety rules, creates conditions that are unsanitary or potentially dangerous to other employees, displays rudeness/discourtesy to the public, walks off the job without authorization, causes waste of materials or parts due to carelessness, reports to work in dirty clothing or in an unclean manner, uses or possesses another employee's personal tools without consent, engages in a minor act of sexual harassment, engages in verbal confrontations that disrupt the workplace, neglects to properly perform assigned duties, incurs excessive unexcused absences, engages in activities that are unethical such as performing personal work on County time, or when an employee commits a second Category I violation within 12 months of the last discipline issued, that employee will be notified in writing that his or her behavior is not appropriate. Subsequent violations could lead to additional action including suspension and termination.
(3) Category III
(a) These actions are more serious in nature and have significant impact on the County or its employees. They include: being under the influence of alcohol or deliberate abuse of prescription or illegal drugs; specific refusal to follow legitimate directions from one's supervisor or conduct that directly challenges the legal or legitimate authority of a supervisor or manager; commits an act of sexual harassment; posting, altering or removing any matter on a County bulletin board without authorization, disorderly conduct; reckless damage to a vehicle or other County property of less than $2,500.00; failure to report within forty-eight (48) hours any accident; a pattern of negligence in carrying out assigned duties, threatening or intimidating another employee; concealing defective work; use of government equipment, tools, materials or other County property for personal use; sleeping on the job; carrying an unauthorized passenger in a County vehicle during work hours; violating departmental safety rules; or the violation of County Policy.
(b) An employee who commits any of these infractions or any other infraction viewed by the County as serious misconduct, or who commits a second violation of the guidelines contained in Category II within 12 months of the last discipline issued, will be suspended without pay for 3 to 5 days, along with other measures that may be applicable (e.g. counseling). A subsequent violation could lead to additional action including termination.
(4) Category IV
(a) When an employee commits a deliberate action that is deemed inexcusable, that employee will be subject to immediate dismissal. Such actions include deliberate damage of property; a serious violation of County Policy/ordinance, Indiana or Federal law; conviction of a felony; actions that endanger the health and welfare of another employee; deliberate negligence in carrying out one's job responsibilities; the use of physical force against another individual; damage to a County vehicle or equipment that totals $2,500.00 or more; theft, willful tampering with equipment or computer programs; gross insubordination; falsification of records - including time cards, release of confidential information; unreported absence for three (3) days; possession of illegal drugs and alcohol (all instances of alleged substance abuse or intoxication shall be handled pursuant to methods prescribed in Ordinance 7415); possession of weapons, firearms or explosives, physical or sexual assault or abuse; a second violation of a Category III regulation within 12 months of the last discipline issued; or any other extremely serious action. Such behavior will result in an immediate suspension without pay for 5 days pending review for termination by the department head or elected official.
(b) The foregoing listing of causes for disciplinary action is to help illustrate the County's progressive disciplinary policy and does not preclude the County from disciplining employees for reasons not specifically listed. In addition, the County reserves the right to depart from the aforementioned guidelines in matters where the circumstances demand a stronger or milder response.
(E) Documentation/Procedures For Discipline
(1) All disciplinary action, including a verbal reprimand, will be documented. The County's Disciplinary Action Form should be completed in its entirety with all facts documented. The forms shall be signed by the supervisor and the disciplined employee. In the event the employee refuses to sign, a witness should sign to verify that the employee was given the opportunity to review the form. An employee who is disciplined shall be given the opportunity to respond, explain or comment in writing when discipline is issued.
(2) Discipline shall be administered discreetly and explained clearly to the employee. As noted in the “Guidelines for Conduct,” the seriousness of the offense will be considered when discipline is issued. In certain instances, the County reserves the right to depart from the aforementioned guidelines in matters where the circumstances demand a stronger or milder response.
(3) The Board of Commissioners (or in the case of another division, the appropriate elected official/office holder) should be consulted by the department head or supervisor if there is any question regarding the appropriate discipline.
(F) Types of Disciplinary Actions
(1) Oral reprimands are for the first offenses which do not require suspension. Oral reprimands should be documented for future reference and should include a warning to the employee that a subsequent violation could result in further disciplinary actions.
(2) Written reprimands may be issued if an oral reprimand has not corrected the problem or if the violation is not serious enough to require a suspension. The reprimand shall specify which further disciplinary actions could result from subsequent violations.
(3) Suspension without pay shall be administered for repeat offenses or where required immediately due to the nature of the offense. The first day of suspension shall be the first day in which the employee works less than 51% of the workday.
(4) Immediate discharge or dismissal shall be imposed where prior disciplinary actions have not corrected the behavior or where, due to the seriousness of the offense, such action is required.
(5) The supervisor must document and file the disciplinary action taken within five (5) working days of notification of the incident. Failure to act within this period will render the action moot and without force or effect.
(6) Disciplinary actions may be appealed pursuant to the terms of the grievance procedure established with this personnel policy.
(G) Notice Of Changes To The Guidelines For Conduct
(1) A copy of the County's “Guidelines for Conduct” shall be provided to each new employee upon hiring and to all current employees. Copies of the policy will also be available from the County's Human Resources Office.
(2) It is important for employees to be made aware of any changes to this policy. Department heads shall be responsible for advising employees of any changes in the policy. Since any change to these guidelines must be adopted by ordinance, the County Council Attorney shall be responsible for the conspicuous posting of any changes or amendments made to the policy and for notifying the County departments of those changes.
(A) Filing a request for hearing - Most problems can be resolved through discussion with one's supervisor or elected official. When such informal dispute resolution fails, and an employee believes that he/she has been treated unfairly, that employee may file a request for a mediation hearing. The mediation process is not intended to modify or change existing policy and is designed to find common ground between the two parties. A mediation request may not be filed by an employee who is terminated. Employees who feel that they have been discriminated due to race, sex, religion, age national origin, mental or physical challenge, political affiliation, or protected speech in violation of civil or constitutional rights should follow the County's policy on discrimination, and contact the County's Human Resources Consultant (219 853-9782) instead of seeking mediation.
(1) Problem Resolution Mediation/Purpose - Most problems can be resolved through discussion with one's supervisor or elected official. However, when such informal dispute resolution fails, and as the employee believes that he/she has been treated unfairly, or unjustly disciplined, that employee may petition the County's Mediation Panel in an attempt to bring together and find a reasonable resolution to this disagreement.
(2) Mediation Panel Decision/Termination - A decision of the Mediation Panel is final but not binding. The County's mediation procedure does not apply to employees who work for the Judiciary, the Prosecuting Attorney, or are covered by a collective bargaining agreement. A mediation petition request form shall be filed with the County's Human Resources Consultant. A mediation petition may not be filed by an employee who is terminated. The mediation panel shall not hear a petition regarding termination of employment.
(3) Mediation Panel Membership - A three member Mediation Panel is established to hear qualified petitions. The three member Mediation Panel shall be selected as follows:
(a) Chairman - The chairman of the panel shall be the County's Human Resources Consultant.
(b) Management Member - One member shall be chosen by the party that has been charged (the “Offending party”) from a four member group known as the Management Group. The four members will be appointed to the Group by the following officials/bodies:
1. One appointed by the Lake County Board of Commissioners
2. One appointed by the Lake County Council
3. One member appointed through agreement of the Lake County Auditor, Recorder, Surveyor and Treasurer
4. One member appointed through agreement of the Lake County Clerk, Coroner, Sheriff and County Assessor (Township assessors are represented by the Assessor)
(c) Employee Member - One member shall be chosen by the employee filing the petition from a group of three full-time employees, known as the Employee Group, which are elected for a two (2) year term by full-time Lake County employees.
(4) Qualifications of Members - Members of the Management Group and Employee Group must meet the following qualifications to serve:
(a) Be a resident of Lake County.
(b) Except for the Chairman, members may not be vendors under contract with Lake County.
(c) No member may be an elected official of Lake County Government.
(d) Employee member must be a full-time employee of Lake County in a full-time position and not be in a management or supervisory position.
(e) Management member must be a full-time employee of Lake County and must be in a management or supervisory position.
(f) An employee member shall not sit on a Mediation Panel if the petition is filed against the officeholder or department where he/she is employed.
(5) Election of County Employee Member - The three (3) member county employee group shall be elected by the following rules that shall be posted in each county office at least 29 days prior to the beginning of the election process outlined below.
(a) Nominations. Nominations of employee members (who meet the qualifications for the membership of the panel listed in this section) must be made by at least one other employee and must be seconded by a second employee or the nominee. The nomination process shall be open for ten working days, commencing upon written notice issued by the Panel Chairman and distributed to all employees. Nominations shall close at 4:00 p.m. on the tenth working day. Nominees may submit a brief statement of their qualifications to be elected to the employee member group.
(b) Nominee Information. A list of nominees and their statements of qualifications shall be sent by facsimile to all county offices and department heads and posted in the offices for at least ten (10) days before election.
(c) Elections
1. Eligibility and Voting: A full-time county employee who qualifies as an employee covered by this employment policy shall be entitled to vote. All employees will be required to show proof of identification prior to being allowed to vote. At least five days prior to such an election, a list of all qualified employees, and all polling places, shall be provided by the Auditor's Office to the County Human Resources Consultant. The consultant shall provide the voting machines for the election.
2. Polling places: There will be polling places in County offices or departments in Crown Point, East Chicago, Gary and Hammond. All qualified employees will vote at their place of employment.
3. Results: The Auditor's Office shall tabulate the results of this election which may be witnessed by all interested candidates. The three candidates who receive the highest number of votes shall be named to the employee member group. The Lake County Human Resources Director shall announce the newly elected members within five (5) working days after the polls close by facsimile to all County offices and departments to be posted for at least ten (10) days.
(6) Vacancies
(a) Appointed positions: When a vacancy of an appointed position in the management member group occurs, the County Human Resources Consultant shall notify the appointing authority instanter. The appointing authority shall make its appointment within 30 days of notification.
(b) County Employee Positions: When a vacancy in the employee member group occurs, an employee election to fill the position shall be held pursuant to the rules outlined in this Ordinance. The County Human Resources Consultant shall set the date of the election with regard to the time lines as outlined for an election in the ordinance.
(7) Conducting a Mediation - The Mediation Panel shall contact both parties and invite them to participate in mediation. A meeting will be scheduled within ten (10) days of acceptance. The meeting will be conducted in an informal business fashion, allowing each party to present their concerns and comments. The charging party will be afforded ten (10) minutes to present his/her case. Conversely, the respondent part shall be given ten (10) minutes to respond and reply to the charges.
(8) Staff Support for Board - In the event that the panel needs legal assistance, the County Commissioner's Attorney shall assign an attorney as needed.
(9) Mediation Request Form - A mediation request form can be obtained from the County Human Resources Department (located in the Commissioner's Office).
(10) Payment - Each panel member shall receive Fifty ($50.00) Dollars per meeting for their services.
(B) Grievance Form - A grievance form can be obtained from the County Council Coordinator's Office.
(A) No Employee or agent of the County, whether full or part-time, paid or volunteer, other than a duly sworn County police officer, general services officer or other individual authorized by statute to carry a weapon on behalf of the County, shall carry or possess a firearm or other deadly weapon (exceptions to this policy include small pocket knives or a rescue knife carried by appropriate personnel) during working hours, while on duty, or while otherwise engaged in County business or on County property. In accordance with Indiana state statute, an employee may possess a firearms weapon if it is stored in his/her vehicle on County property, and providing that the vehicle is locked.
(B) A violation of this policy will result in disciplinary action including termination.
(A) It is the policy of the County to ensure the safety of all employees by maintaining a workplace free of violence. Workplace violence can occur in many forms including: any verbal or physical action that is communicated or perceived as a threat, harassment, abuse, intimidation, or personal contact that produces fear for personal safety, causes bodily harm or damage to property.
(B) Employees are asked to take appropriate measures to keep the workplace harmonious and to treat co-workers, supervisors, and the general public with respect. Employees should not, under any circumstance, react to a threat of violence, verbal assault, or rude behavior. Rather, employees should immediately remove themselves from the situation and report the threat to their supervisor or department head.
(C) Violating this policy makes an employee subject to discipline, up to and including discharge.
(D) Right of Inspections and Inquiry
(1) When the County deems it necessary to ensure the safety of County property; to provide a secure workplace; to prevent the possession, use, or sale of illegal drugs; or possession of alcohol in the workplace, the County reserves the right to:
(a) Search employee areas.
(b) Question employees.
(2) In addition, the County may inspect the contents of lockers, storage areas, file cabinets, desks, offices, and work stations at any time. All searches may be conducted at the County's discretion and without notice. Employees are expected to cooperate with searches and inspections. Employees who fail to cooperate are subject to disciplinary action, up to and including discharge.
(3) Furthermore, employees are subject to disciplinary action appropriate to policy violations uncovered during a search/inspection.
(E) Damage, Loss, or Theft of County Property, Equipment, and Supplies - All employees are expected to exercise reasonable care to protect County property, equipment, and supplies from damage, loss, and/or theft. Employees are responsible for the proper care and return of all property, equipment, and supplies used to perform work and/or assigned to their possession. An employee who has reason to believe that County property, equipment, and/or supplies are in danger of being damaged, lost, or stolen is expected to immediately report this to his or her department head.
(F) Damage, Loss, or Theft of Employees' Personal Property - Employees are expected to exercise reasonable care for their own protection and for that of the personal items they bring to work. The County is not responsible for the loss, damage, or theft of personal belongings. Employees are advised not to carry unnecessary amounts of cash or other valuables with them when they come to work.
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