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(A) From time to time, differences may arise between employees and employers. Every attempt shall be made by both to resolve these differences on an informal basis.
(B) Pending failure of resolution on an informal basis, any grievance or dispute which may arise from employment with the county shall be resolved in the following manner.
(1) Step one.
(a) The aggrieved employee shall present the grievance to his or her immediate supervisor within three working days of its occurrence or within three working days of knowledge of its occurrence.
(b) The grievance (and all subsequent appeals) shall be in writing and shall set forth the reasons and grounds for the grievance along with a statement of the relief sought. The supervisor shall attempt to resolve the matter and shall respond to the employee in writing within three working days.
(c) If the grievance is with the immediate supervisor, the aggrieving employee shall begin the grievance procedure at step two.
(2) Step two.
(a) If the grievance remains unresolved, it may then be presented by the aggrieved employee to the executive authority within three working days after receiving the supervisor’s written response.
(b) The executive authority shall consider all information concerning the grievance and shall make a decision regarding the matter and respond to the employee within ten working days. The decision of the executive authority shall be final.
(2001 Code, § 31.007) (Ord. passed 1-14-2000)
(A) Employees are hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance (as defined in schedules I through V of the Controlled Substance Act (21 U.S.C. § 812), and as further defined by regulation at 21 C.F.R. §§ 1308.11 through 1308.15, including any future additions or amendments) is prohibited in the workplace. As a condition of employment, employees will:
(1) Abide by the terms of the county’s drug-free workplace policies; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction.
(B) Penalties for drug abuse violations occurring in the workplace will include:
(1) Requiring the employee to participate satisfactorily in an appropriate drug abuse assistance or rehabilitation program; or
(2) Taking appropriate personnel action, up to and including termination. If a supervisor has reasonable cause to suspect an employee of illegal drug use on the job or reporting to work under the influence of the same, he or she is to pursue appropriate action consistent with the drug and/or alcohol testing, substance abuse policy contained herein. An employee reporting to work on medication prescribed by a personal physician, which impairs job performance, is to immediately notify his or her supervisor. The employee must submit a doctor’s note indicating how the medication would affect his or her job performance and/or health and safety of others, so appropriate steps may be taken by supervisors to alleviate any hazards.
(C) The drug-free awareness program is intended to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The employer’s intent of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
(2001 Code, § 31.008) (Ord. passed 1-14-2000)
HARASSMENT POLICY
(A) The Fiscal Court is committed to maintaining a work environment that is free of discrimination and harassment.
(B) In keeping with this commitment, the county will not tolerate harassing conduct that affects tangible job benefits, that interferes with an individual’s work performance or that creates an intimidating, hostile or offensive working environment by anyone, including any superior, co-worker, vendor, client or citizen.
(2001 Code, § 31.020) (Ord. passed 1-14-2000)
(A) HARASSMENT is, on the basis of race, color, religion, gender, national origin, age or disability, discrimination in the terms, conditions and privileges of employment. Harassment is verbal, physical or visual conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national origin, age or disability, or that of his or her friends, or associates, and that:
(1) Has the purpose or effect of creating an intimidating, hostile or offensive work environment;
(2) Has the purpose or effect of unreasonably interfering with an individual’s work performance; and
(3) Otherwise adversely affects an individual’s employment opportunities.
(B) HARASSING CONDUCT includes, but is not limited to the following:
(1) Epithets, slurs, negative stereotyping or threatening, intimidating or hostile acts, that relate to race, color, religion, gender, national origin, age or disability; or
(2) Written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, gender, national origin, age or disability that is placed on walls, bulletin boards or elsewhere on the employer’s premises, or circulated in the workplace.
(2001 Code, § 31.021) (Ord. passed 1-14-2000)
(A) Sexual harassment deserves special mention.
(B) Inappropriate sexual advances, requests for sexual favors and other physical, verbal or visual conduct based on sex constitutes sexual harassment when:
(1) Submission to the conduct is either explicitly or implicitly made a term or condition of an individual’s employment;
(2) Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting the individual; or
(3) The conduct has the purpose or effect of reasonably interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment.
(C) SEXUAL HARASSMENT may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually-oriented “kidding” or “teasing,” “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene language or gestures, displays of foul or obscene printed or visual material and physical contact such as patting, pinching or brushing against another’s body.
(2001 Code, § 31.022) (Ord. passed 1-14-2000)
(A) All employees shall be responsible for helping to assure the county avoids harassment and shall have the responsibility for reporting any occurrence of harassment or sexual harassment. Employees encountering harassment shall tell the offending person that his or her actions are inappropriate and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation. If a person feels that he or she has experienced or witnessed harassment, he or she shall notify either the supervisor or department head. If the person involved in the harassment is the supervisor or department head, the employee shall report the situation to the Judge/Executive or the constitutional officer who governs the agency. If the person involved in the harassment is the Judge/Executive or the constitutional officer who governs the agency, the employee shall report the situation to the County Attorney. Reports are to be made as soon as practicable within 24 hours, and preferably in writing. Oral reports, however, shall also be taken in the case of unusually sensitive circumstances.
(B) The county’s policy is to investigate all complaints. To the fullest extent practicable, the county shall keep complaints and the terms of their resolution confidential. If an investigation confirms that harassment has occurred, the county will take corrective action and disciplinary action in accordance with the nature and extent of the offense. Except as set forth in § 34.024, the county prohibits retaliation against any employee bringing a claim of sexual harassment.
(2001 Code, § 31.023) (Ord. passed 1-14-2000)
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