EMPLOYEE ACKNOWLEDGEMENT FORM
The Faulkner County Personnel Manual describes important information about the County, and I understand that I should consult the elected official over my department for questions not answered in the manual.
Since the information, policies, and benefits described herein are necessarily subject to change, I acknowledge that revisions to the handbook may occur, except to the County’s policy of employment-at-will. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify, or eliminate existing policies. Only the Faulkner County Quorum Court has the ability to adopt any revisions to the policies in this manual.
Furthermore, I acknowledge that this manual is neither a contract of employment nor a legal document. I have received the manual, and I understand that it is my responsibility to read and comply with the policies contained therein and any revisions made to it.
EMPLOYEE’S NAME (Printed):
EMPLOYEE’S SOCIAL SECURITY NUMBER:
______ - ______ - __________
EMPLOYEE’S SIGNATURE:
DATE SIGNED:
FAULKNER COUNTY PERSONNEL MANUAL
ACKNOWLEDGEMENTS
Preston Scroggin, County Judge
Regina Oakley, Treasurer
Jeff Stephens, Tax Assessor
Steve Simon, Tax Collector
Melinda Reynolds, County Clerk
Rhonda Long, Circuit Clerk
Karl Byrd, Sheriff
Justices of the Peace
Randy Ingram
Dianna Kellar
Marvin Kelley
Barbara Mathis
Dr. Jerry Park
Dan Thessing
Jimmy Bryant
Mark Bailey
Ancil Lea
Johnny Brady
Linda Paxton
Lauralee Wilcox McCool
Johnnie Wells
Editor
Justice Lauralee Wilcox McCool
INDEX
SUBJECT PAGE SUBJECT PAGE
Compensation 13 Name Clearing Hearing 28
Compensatory Time 20 Outside Employment 8
Disciplinary Actions 25 Pay Periods 13
Employment Policies 5 Personnel Committee 35
Employment Process 6 Placement 7
Ethics 8 Political Activity 35
Fringe Benefits 13 Private Business 10
Grievance Hearing 27 Promotions 24
Grievance Procedures 26 Property Right Hearing 27
Health Insurance 14 Resignation 11
Holidays 19 Retirement 13
Injury Leave 19 Sick Leave 15
Jury Duty 19
Leave Policy 13 Termination Report 25
Leave Without Pay 16 Vacation 14
Liberty Right Hearing 27 Witness Leave 19
Maternity Leave (FMLA) 13 Working Hours 10
Merit System 21 Military Leave 17
TABLE OF CONTENTS
CHAPTER TITLE
1 Employment Policies
2 Code of Ethics
3 Work Requirements
4 Compensation and Fringe Benefits
5 Merit System
6 Promotions
7 Disciplinary Action
8 Grievance Procedures
9 Personnel Committee
10 Political Activity
INTRODUCTION
The purpose of this document is to familiarize the employees of Faulkner County with employee policies. Nothing herein creates a property right in employment nor establishes grounds upon which discipline or dismissal must be based. It is the policy of Faulkner County not to violate the constitution or the laws of Arkansas or of the United States.
The general policy of Faulkner County is to treat all employees and citizens in a manner that is rationally related to produce legitimate county objectives.
All county employees are “at-will” employees. County employment is not for a specific period of time and employment may be terminated at any time, without notice or liability of any kind (except for wages earned and unpaid) and with or without cause. If any employee contends that he/she has a property right in his/her employment (express, implied or oral) until “just cause” exists for reduction or removal in pay or position, then that employee shall assert such contention at a “property right” grievance hearing requested in the time and manner set forth in this policy. It is Faulkner County’s policy to provide equal opportunity for all qualified persons; to prohibit unlawful discrimination in employment practices, compensation practices, personnel procedures and the administration of benefit plans; and to otherwise provide the same or similar treatment and opportunities to all persons similarly situated.
It is the County’s policy to provide equal opportunity for all qualified persons; to prohibit unlawful discrimination in employment practices, compensation practices, personnel procedures, and administration of benefit plans; and to otherwise provide the same or similar treatment and opportunities to all persons similarly situated.
Should any applicant or employee contend that he/she has been unlawfully discriminated against for exercising a constitutional protected liberty right (e.g. speech, association, political patronage, access to court or privacy) or treated in any other unlawful or unconstitutional manner, the applicant or employee shall assert such contention at a “liberty right” grievance hearing requested in the manner set forth in this document.
The at-will employment policy applies equally to hiring and promoting. Nothing herein shall create a property right in employment, entitlement to be hired or promoted, or any expectancy of continued employment. Nothing herein establishes grounds on which hiring or promoting must be based.
Eligibility for vacation leave or other employee benefits does not create any property right in employment or any expectancy of continued employment
CHAPTER ONE
EMPLOYMENT POLICIES
EMPLOYMENT APPLICATIONS GENERALLY
A. The government of Faulkner County is an equal opportunity employer and county policy is to comply with the provisions of all state and federal non-discrimination requirements.
B. Applications for employment will be accepted from any person who wishes to apply through the State Employment Security Division. Applicants who are residents of the county will be given consideration over non-residents, all other qualifications being equal.
C. Elected officials shall do all hiring or department heads designated by an elected official, except as otherwise provided by law.
D. A medical examination of an applicant may be required after the offer of a job has been made and prior to the commencement of employment duties. The job offer may be conditioned on the results of the medical examination.
Medical examination may be required only if every applicant, regardless of disability, who will be working in the job category is required to take a medical examination. If an individual is not hired because a medical examination reveals the existence of a disability, you must be able to show that the reasons for exclusion are job related and are necessary for the conduct of county business. You also have to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.
E. No elected official or department head shall be allowed to employ any relative in his immediate family to work within the county office or department he/she supervises and for which he/she is responsible. Immediate family shall include spouse, parent, child, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, son-in-law, daughter-in-law. The provision will be effective the date of adoption of the original county ordinance and shall not affect employees hired prior to adoption.
F. Persons desiring to become full-time employees must be eighteen (18) years of age.
G. County employees shall possess a social security number or shall have applied for such at time of employment and shall furnish proof that they are eligible to work in the United States as required by the Immigration Reform and Control Act of 1986 (for example, a birth certificate).
H. Applicants shall possess or obtain any special certification or permits, which may be required by, law to perform the job they are seeking. (Example, a commercial driver’s license or juvenile probation and/or intake officer certification.)
I. Testing may be required only if every applicant regardless of disability who will be working in the job category is required to be tested. Performance or demonstration testing must pertain to the essential functions of the job and the method of testing must not have the effect of being discriminatory.
AMERICANS WITH DISABILITIES ACT
Faulkner County adheres to the Americans with Disability Act. The applicant shall satisfy the employing county officials’ written job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job related, and shall be able to perform those tasks that are essential to the job, with or without reasonable accommodation.
Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has the same rights and privileges in employment as non-disabled employees.
Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment, providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person becomes disabled and is unable to do the original job. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards in order to make an accommodation nor are they obligated to provide personal use items such as glasses or hearing aids.
The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principle test is that of effectiveness, i.e., whether the accommodation will enable the person with a disability to do the job in question.
EMPLOYMENT PROCESS
A. When a vacancy occurs in an office, the elected official will notify the County Administrator of the opening. The Administrator will advertise the position via the appropriate media. Job requirements will be included and the job will be listed with the Employment Security Division. A closing date will be set and published.
B. The elected official will accept applications for employment from any person who wishes to apply and that meets the minimum requirements as set. Applicants who are residents of Faulkner County will be given consideration over non-residents, all other qualifications being equal.
C. The Administrator will collect the completed application forms and pass on to the elected officials.
D. Upon submission of a completed application for employment, the elected official may require a physical examination and/or drug test of the applicant. A physician that normally performs such examinations for the county will perform subject examination at county expense. The determination as to the applicant’s medical fitness for the job will rest solely on the physician.
E. Documentation is required on each application to reflect adequate reasons for either selection or rejection of each applicant.
PLACEMENT
New employees will normally be placed at Step One of the Grade to which the position has been assigned (reference Faulkner County Graduated Pay System). Placement at a higher Step will require approval of the Personnel Committee and should only be granted based on extraordinary experience and/or advanced education degrees. To insure that a proper placement is made, the Administrator will coordinate the establishment of the employee’s pay records.
For the purpose of this manual, temporary employee is defined as an employee that works for the county less than ninety days per year. Part-time employee is defined as employees that work for the county less than eighty (80) hours per month, or if working forty (40) hour weeks, no more than six (6) months during the year. Temporary and part-time employment does not require the elected official to use the employment process. A temporary or part-time employee will not be hired into a full-time position without the implementation of the employment process. Full-time positions must follow the employment process.
CHAPTER TWO
CODE OF ETHICS
The holding of public office or employment is a public trust created by the confidence, which the electorate places in the integrity of officials and employees of county government. An official or employee shall carry out duties assigned by law for the benefit of the people of the county. The officer or employee may not use their office, the influence created by virtue of their position, to advance their individual, or an immediate member of the family, or any associates personal economic interest, other than advancing strictly incidental benefits as may accrue to any of them from the enactment or administration of law affecting the general public. ACA 14-14-1202(1)
The efficiency and effectiveness of county government depends on public trust and confidence. To maintain this trust, conformance to the standards is expected of each county employee. Violation of this code of ethics will result in disciplinary action or dismissal.
RULES OF CONDUCT
No officer or employee of county government shall:
A. Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing, for his or her benefit on account of, connected with, or growing out of any contract or transaction of a county. If in the purchase of any materials, supplies, equipment or machinery for the county, they shall be for the benefit of the county. It shall be unlawful for any officer or employee to accept or retain for his own use or benefit:
B. Be a purchaser at any sale nor a vendor of any purchase made by him/her in his/her official capacity.
C. Acquire an interest in any business or undertaking, which he/she has reason to believe may be directly affected to its economic benefit by official action to be taken by county government.
D. County employees shall not grant any special consideration or advantage to individuals or groups beyond that which is available to every other individual or group.
E. County employees shall not engage in conflict of interest activities that prove to be incompatible with assigned duties, bring discredit upon the county or give them an advantage in their outside activities over persons working in similar vocations.
F. County employees shall not accept gifts, services, gratuities, or favors, or engage in trading or bartering with those in custody or their families or friends.
G. County employees shall not use county funds, supplies, or facilities for purposes other than to conduct official county business.
H. County employees shall not use official positions to receive special favors for themselves or others.
I. County employees shall exercise care and emphasize safety in the use of county property and equipment.
J. County employees shall keep themselves physically fit, mentally alert, neat and clean, and shall perform their duties fairly, impartially and in a professional manner. Working under the influence of alcohol or any other narcotic or controlled substance shall result in absolute dismissal.
K. County employees shall conduct themselves both on and off duty so as to command respect of fellow workers and the general public.
L. County employees shall not display prejudice against persons or organizations, thus affecting cordiality or contacts with other employees or the public.
NOTE: The above Code of Ethics for county officials and employees generally follows the requirements of Arkansas Code Annotated 14-14-1202. (Amendment 55, Act 742 of 1977, as amended.)
CHAPTER THREE
WORK REQUIREMENTS
WORKING HOURS
A. The normal working hours for administrative offices of the government of Faulkner County are from 8:00 a.m. to 4:30 p.m., Monday through Friday exclusive of authorized holidays. Normal business will be conducted during these hours. Solicitation for a private enterprise will not be permitted.
B. The county’s standard work week for employees is forty (40) hours, consisting of five (5) standard eight (8) hour work days. The wage and hour work period for law enforcement and detention is a 28-day, 171 hour work period. This election must be made in writing and communicated to all affected employees. Road department work schedules will be determined by the appropriate county official, but shall not be less than forty (40) hours per week.
C. Employees shall be in attendance at their work in accordance with the rules and hours established by the elected official or department head. All administrative offices will have at least one employee on duty during the hours outlined in paragraph “1” above.
ATTENDENCE
A. Each elected official or department head shall keep daily attendance records on each county employee. These records will be reviewed and signed by both the elected official / department head and the employee as to correctness prior to submission of the time sheets to the County Clerk for payroll computation.
B. Absence of an employee from work including any absence for a single or part of a day that is not authorized by the elected official or department head, shall be without pay and the employee who is absent for three (3) consecutive days without approved leave shall be deemed to have resigned.
MISCELLANEOUS
A. Under no circumstances will a person be allowed to work at a job which conflicts in any way with duties as a county employee.
B. No employee shall engage in a private business or in the activities of a profession during those hours for which the county is compensating him or her.
C. A personnel file will be maintained on each employee by the County Clerk. The elected official will keep psychological or sensitive documentation.
D. In order for an employee to resign in good standing from his / her job, the employee must give the elected official at least two (2) weeks written notice. The resignation should contain reasons for leaving the employment of the county. The employee’s resignation shall be documented in the employee’s file.
PUBLIC SAFETY EMPLOYEE DRUG AND ALCOHOL TESTING (Rev. 2/98)
A. Public safety employees are subject to testing by the county to detect the presence of controlled substances and alcohol in their body, including:
1. Pre-employment Testing (controlled substances only),
2. Reasonable Suspicion Testing,
3. Random Testing,
4. Post-accident Testing, and
5. Return-to-duty and Follow-up Testing.
B. Public safety employees subject to testing shall include only Employees whose duties require them to:
1. Maintain a commercial driver's license or
2. Drive a vehicle as a part of the employee’s normal county duties (excluding to and from work) [added 2/02/01] or
3. Carry a firearm or
4. Routinely operate an emergency vehicle (one equipped with siren and red or blue lights) in order to lawfully carry out their duties (Added 2/98) or
5. Serve as mechanics on county vehicles (Added 4/00) or
6. Be prepared to use justified physical force against persons to maintain order or secure security for persons detained by the county (Added 4/00).
C. The Drug and Alcohol Testing Procedures required by the U.S. Department of Transportation (the Rules) shall be the procedures followed by the county, which procedures shall not be contrary to procedures promulgated by the Association of Arkansas Counties.
D. Upon the county's adoption of this policy, or at the point of hiring, each county employee shall certify in writing that:
1. The employee has been informed of and understands his or her obligations under the County's drug and alcohol testing policy and the drug and alcohol regulation of the U.S. Department of Transportation;
2. The employee understands that the use or possession of alcohol in any form is prohibited in the workplace, and that there are restrictions on alcohol use for a period prior to reporting for work and after an accident;
3. The employee understands that the possession or use of unauthorized or illegal drugs is prohibited at any time whether in the workplace or not; and
4. The employee understands that, as a condition of employment, the employee must submit to collection of breath, urine, blood, and/or saliva samples when requested by the county employer or contractor acting for the county employer and, also, that the employee may be subject to drug and alcohol testing in other circumstances including, but not limited to post-accident and when the employer has reasonable suspicion to believe the driver has engaged in prohibited actions concerning controlled substances or alcohol.
E. Drug and alcohol testing will be administered to the employees in the circumstances and in the manner mandated by the Rules.
F. Reasonable suspicion testing shall not be conducted until after the facts are reviewed by the prosecuting attorney, a deputy prosecuting attorney, or the county civil attorney and the reviewing attorney agrees with the supervising elected official that reasonable suspicion exists under the particular facts of the particular case.
G. The following shall result in immediate discharge:
1. Refusal to take a mandated test for drugs or alcohol;
2. A positive drug test result, once the time limit for requesting a second test of a split sample has expired, or upon receipt of a positive drug test result from the second test; or
3. A positive alcohol test result.
H. Employees whose initial drug test results are positive and who request a test of the second portion of the split sample will be suspended without pay until such time as the County's ‘Designated Representative’ receives the results of the second (split sample) test. Such second test will be paid by the employer to be reimbursed to the County by the employee. The County shall withhold from the employee’s paycheck the cost of the second (split sample) test to reimburse the County. A negative result from the second (split sample) drug test will render the first test invalid and the employee will be reinstated with back pay and reimbursement for the costs of the second test. (Revised 09/22/97)
I. An employee suspected of unlawful use of drugs or abuse of alcohol while on duty, as established by the Rules, or who is involved in an accident as defined in 49 CFR 390.5 (and receives a citation for a moving traffic violation in this section) by the Rules, shall be suspended immediately with pay until the results of the drug or alcohol test are received by the county's ‘Designated Representative.
CHAPTER FOUR
EMPLOYEE COMPENSATION AND FRINGE BENEFITS
EMPLOYEE COMPENSATION
A. The policy of Faulkner County is to pay salaries based upon an employee’s level of skill, responsibility, education and experience. Such salaries shall also depend upon funds available to the county. Newly employed persons will start at Step One (1) of the appropriate Grade assigned to their position. The Personnel Committee may recommend Step Two (2) for Three (3) based upon extraordinary experience or education. (Refer to “Merit System” for further details.)
B. The county is required by law to withhold taxes based upon information furnished by the employee at the time of employment. Any change in status, which would affect tax liability or change in beneficiary should be reported to the County Clerk (W-4, number of dependents, changes in group insurance, etc.)
C. Faulkner County shall pay all employees bi-weekly. Salaries are calculated on an annual basis from January first (1) through December thirty-first (31st), but shall be paid in twenty-six (26) equal payments every two weeks. A twenty-seventh (27th) check may be issued at years end to cover extra days beyond the twenty-sixth (26th) pay period. This will be done for accounting purposes.
D. There is a special overtime provision for fire protection and law enforcement employees, which is explained in twenty-nine (29) CRF Part 553. Instead of the standard seven-day work week, work periods of seven (7) to twenty-eight (28) days may be used in computing overtime pay for these employees.
E. Any person - including full-time, part-time and temporary employees - who receives a pay check from the Faulkner County Treasurer will submit a Time Sheet (Attachment 1) showing actual hours worked. This Time Sheet will be submitted prior to a payroll check being initiated by the Payroll Clerk. The employee will sign the Time Sheet and his/her supervisor or a person designated by the supervisor to sign the Time Sheet.
F. The per diem compensation for Justices or Secretariat attending any official regular, special or standing committee meeting of the Quorum Court shall be authorized by the annual appropriation Ordinance; provided, however, the maximum and minimum compensation of Justices shall be consistent with that prescribed by Arkansas statutes. Compensation for standing committee meetings of the Quorum Court is $50.00 per session, paid only to the Justices and Secretariat in attendance, provided that such meetings are separate and distinct from regular or special Quorum Court meetings and are called meetings fully in compliance with Quorum Court procedures and state stauates.
FRINGE BENEFITS
Eligibility for vacation leave or other employee benefits does not create any property right in employment or any expectancy of continued employment.
A. RETIREMENT
Faulkner County will provide a retirement plan for each employee.
B. HEALTH and DENTAL INSURANCE
1. Faulkner County may, at its discretion, provide a plan of group insurance benefits to county employees. Part-time and temporary employees are not entitled to participate in the hospital insurance plan.
2. The cost of coverage for the employee may, at the county’s discretion, be paid by Faulkner County. Coverage for the families of individual employees may be provided, if desired by the employee, and shall be at the employee’s expense.
3. Continuation of coverage will be in accordance with regulations resulting from Consolidated Omnibus Budge Reconciliation Act of 1986.
C. VACATION
1. Faulkner County shall maintain the following vacation eligibility requirements and the listed vacation rates shall accrue on a pro rata basis.
a. County full-time employees shall be eligible for paid vacation, but part-time and temporary employees shall not be eligible.
b. All regular full-time employees shall be allowed vacation with pay according to the following accrual schedule:
Years of service Vacation hours per month
Less than 1 year-3 years 4
After 3rd anniversary 8
After 10th anniversary 12
After 20th anniversary 16
c. When an employee is either hired into or transfers into a full-time position, vacation time begins to accrue. However, no vacation can be used for three months. This is the waiting period. If the employee has a significant leave of absence during this three-month period (except for military leave of absence), the waiting period for use of vacation time may be lengthened by the time of the leave of absence.
2. Continuous employment as mentioned above is defined as uninterrupted employment while working as a regular full-time employee of the county. Leave of absence without pay shall not interrupt continuous service except for the actual time off.
3. No unearned annual leave will be granted in advance.
4. Annual leave is based on working days. Saturdays, Sundays, holidays and non-working days within a period of annual leave are not charged against accumulated annual leave.
5. Scheduling of vacations shall be done by the elected official with due regard for the desires of the employee and the needs of the department. Employees will be allowed to accumulate a maximum of two-hundred forty (240) hours annual leave. Hours earned in excess of an accumulated 240 will be lost as of December thirty-first (31st) each year.
6. Vacation time will not be exchanged for cash except in the following instances:
a. The surviving members of a deceased employee’s family will be paid his/her accrued leave. Such payment shall be made first to the deceased’s surviving spouse; second to another person designated by him/her in writing and filed with the County Clerk; and third in the absence of the above, to the estate of the deceased employee.
b. Upon termination of service, either through resignation or dismissal, regular full-time employees shall be compensated for vacation accrued up to the date of termination, but not to exceed one year’s allowance of vacation time.
D. SICK LEAVE
1. All regular full-time employees of Faulkner County are eligible for to accumulate sick leave with pay at the rate of four (4) hours per month. On the third anniversary of employment, the accumulation rate will increase to eight (8) hours per month. This earned sick leave can be carried over and allowed to accumulate up to a maximum of four hundred eighty (480) hours. Sick leave will not be accumulated during a period of leave without pay, when the leave is for ten or more days within a calendar month.
2. An employee may be eligible for sick leave for the following reasons:
a. Personal illness or physical incapacity resulting from causes beyond the employee’s control.
b. Quarantine of an employee by a physician or an officer to comply with community health regulations.
3. An employee, who is unable to report for work due to the previous mentioned reasons, shall report the reason for the absence to their supervisor or someone acting for the supervisor within four (4) hours from the time they are expected for work. Sick leave with pay shall not be allowed unless the report has been made and the county official or his/her assistant has approved the report.
4. County full-time employees shall receive paid sick leave, if their absence is due to personal illness, injury, or quarantine, for the duration of the employee’s absence, or until accumulated sick leave is used, provided the following:
a. The county employee has not been terminated before the absence.
b. The county employee’s illness or injury is not attributed to:
(1) Intentional self-inflicted injury.
(2) Drug or intoxicant addiction.
(3) Illness or injury resulting from paid employment of any kind other than county.
(4) Illness or injury resulting from paid employment of any kind other than county.
5. A written statement by a physician certifying that the employee’s condition prevented him/her from appearing for work, may be required by the elected official if sick leave with pay is in excess of four (4) consecutive working days. If an employee accepts sick leave benefits based on false information, the employee will be discharged
6. Absence for a part of the day that is chargeable to sick leave pay in accordance with these provisions shall be charged in not less than one hour units.
7. An employee who uses all sick leave benefits, for which the employee is eligible and still has not returned to work, shall be placed on an inactive employee status without pay. The elected official will be notified any time an employee consumes all accrued leave.
8. Employees leaving the employment of the county for any reason shall not be paid accumulated sick leave.
9. All leave taken by employees for any purpose other than sick leave outlined above and emergency outlined above and emergency leave listed in another portion of this chapter will be charged against vacation time. Upon exhaustion of paid vacation time, the employee may be granted leave without pay for a period of not more than six (6) months, at the discretion of the elected official. Otherwise, the employee will be separated.
10. Part-time and temporary employees will not earn paid sick leave.
11. A full-time employee, when sick, will not have sick leave reduced to pay for a holiday, vacation or an approved absence, if it falls during the time of illness. Such shall be treated as if the employee were not ill.
12. County employees will not be paid for unused sick leave.
13. Faulkner County recognizes the responsibility an employee has when illnesses or accidents affect a member of his/her immediate family. For such reasons, employees are granted the authority to use accrued leave, (annual or sick) when the employee must attend to family illness needs. A physician’s certification may be required. Immediate family is defined as a spouse, child, stepchild, parent, sibling, grandparent, grandchild, parents-in-law, and grandparents-in-law.
E. MILITARY LEAVE
In the time of war or national emergency, full-time employees are entitled to receive a leave of absence without pay upon joining or being called in the military services of the United States. Employees are entitled to this leave for as long as they are on active duty with the Armed Forces, unless they become members of the Regular Armed Forces. After receiving an honorable discharge or its equivalent, they will have the right to return to their old position with the county, within ninety (90) days following separation from the military. Members of a reserve component of the Armed Forces are entitled to attend encampments or training of called. When called, the employee shall present the military orders to his/her supervisor. Military leave with pay shall not exceed fifteen (15) working days per calendar year. Any additional time shall be allowed as leave without pay.
F. FMLA LEAVE POLICY
1. Purpose. The purpose of the Family and Medical Leave Act (FMLA) of 1993 is to balance the needs of families with the demands of the workplace. It was designed to promote our country's interest in preserving family unity while accommodating the legitimate interests of employers.
2. Equality. The FMLA legislation seeks to minimize the potential for employment discrimination on the basis of gender consistent with the Equal Protection Clause of the Fourteenth Amendment by assuring that leave is available when necessary for both men and women.
3. Twelve weeks unpaid leave. The county will grant up to twelve (12) weeks of unpaid leave per year to employees who need to care for family members.
4. Qualifying employees. An employee must have been employed for at least twelve (12) months and worked at least 1,250 hours during the previous twelve (12) months to qualify for FMLA leave.
5. Purposes for which leave can be taken. Employees are entitled to take up to twelve (12) weeks unpaid FMLA leave a year for:
a. The birth of the employee's child;
b. The placement of a child with the employee for adoption or foster care;
c. To care for the employee's spouse, child or parent who has a serious health condition;
d. A serious health condition rendering the employee unable to perform his or her job.
6. Intermittent leave. The employee may take leave intermittently or on a reduced work schedule when medically necessary due to the employee's or a family member's illness.
7. Notice required. The employee is to provide at least thirty (30) days notice, if possible, of the intention to take leave.
8. Medical certification. The county requires medical certification that the leave is needed due to the employee's own serious health condition or that of a family member. The county may, at the county's expense, require a second medical opinion. If the first and second opinion differ, the county may request a third opinion, at the county's expense, which is then binding.
9. Continuation of benefits. The county will continue the employee's health insurance under the same conditions as if the employee were working. Under this circumstance, the employee will still be required to pay his or her share of the premium if the county's health insurance plan provides for such co-payments. Leave under this Act is not a "qualifying" event under COBRA. If the employee does not return to the job, the employee shall be liable to the county for repayment of the health insurance benefits paid by the county during the employee's FMLA leave.
10. Return to the job. Upon returning from leave, an employee is entitled to be restored to the same or equivalent position with equivalent pay, benefits and other terms and conditions of employment.
11. Concurrent leave. FMLA leave will automatically run concurrent with all other available leave time. (E.g., sick leave, maternity leave, etc.)NOTE: The Pregnancy Discrimination Act of 1978 requires that women affected by pregnancy and related conditions be treated the same as other applicants and employees on the basis of their ability or inability to work. A woman is therefore protected against such practices as being fired, or refused a job or promotion, merely because she is pregnant or has had an abortion. She usually cannot be forced to go on leave as long as she can still work. If other employees who take disability leave are entitled to get their jobs back when they are able to work again, so are women who have been unable to work because of pregnancy.
In the area of fringe benefits, such as disability benefits, sick leave and health insurance, the same principle applies. A woman unable to work for pregnancy related reasons is entitled to disability benefits or sick leave on the same basis as employees unable to work for other medical reasons. Also, any health insurance provided must cover expenses for pregnancy related conditions on the same basis as expenses for other medical conditions.
I. ACCIDENTAL INJURY LEAVE
If an employee is covered by county health and accident insurance and is eligible to receive payment from that policy for loss of work time due to an accident the employee will receive the difference between regular salary and the amount payable under the insurance coverage. Such payment for sick leave will last as many days as the employee has accumulated and the amount of sick leave charged to the employer is determined by the ratio of regular salary to the amount received for loss of work time under the county’s policy.
J. JURY OR WITNESS LEAVE
County employees may be excused from work with pay without charge to earned leave, if subpoenaed as a witness or jury member in a court case. Full-time employees on jury or witness leave shall receive their regular pay and retain all jury fees. The county shall not apply jury or witness leave to cases where the employee is personally in a suit or litigation.
K. HOLIDAYS
All county employees are entitled to ten (10) paid holidays. The County Judge may by “Executive Proclamation” proclaim additional days.
New Year’s Day
Martin Luther King’s Birthday: Observed
President’s Day: Observed
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day and the day following
Christmas Day
NOTE: Whenever any of the above holidays falls on a weekend, then the following applies. If the holiday falls on a Saturday, then the holiday will be observed on the preceding Friday. If the holiday falls on a Sunday, then the holiday will be observed on the following Monday.
L. LEAVE WITHOUT PAY
Leave without pay may be granted by an elected official when the employee has exhausted all their compensatory time, sick leave and annual leave. All leave without pay (except military leave, which is described in another section) is subject to the following conditions:
1. Approval of leave without pay is permissive with the time involved at the discretion of the elected official except that it may not exceed six (6) months of the year.
2. Leave without pay is not granted in lieu of annual leave, compensatory time, or sick leave.
3. An employee on leave without pay will retain the right to be reinstated to their position unless budget actions have eliminated the position.
4. Sick leave and annual leave are not earned or accumulated during leave without pay.
M. GENERAL LEAVE POLICY
1. With regard to the vacation, sickness and other fringe benefits outlined herein, it must be understood that law does not require these benefits nor does the county guarantee them. The county enters into no contract with any employee, nor does the county incur any debt or obligation.
2. All leave will be documented on an “Absentee Report” and filed with the Payroll Clerk in the County Clerk’s Office.
3. All leave must be taken in a minimum of one-half day increments.
4. All leave and/or compensatory time discussed in this chapter shall be recorded and shall appear in synopsis form on the bottom half of the payroll checks.
N. CATASTROPHIC LEAVE POLICY
1. Catastrophic illness means a serious medical condition of an employee as certified by a physician which requires an employee’s unexpected absence from duty for a prolonged period of time in which all the employee’s earned sick and annual days are exhausted.
2. Catastrophic illness does not include pregnancy or its complications. If, however, it is necessary for an employee to remain away from work for more than six weeks, in accordance with a physicians recommendation, that employee is eligible to apply for relief from the catastrophic leave pool.
3. Catastrophic Leave means paid leave which is transferred to a leave recipient from the Catastrophic Leave Pool. Catastrophic Leave may be granted only in one-day increments. While a leave recipient is on Catastrophic Leave, he/she will receive normal county benefits.
4. Catastrophic Leave Pool means a pool of accrued sick leave voluntarily donated by employees which may be approved by the Catastrophic Leave Pool Committee for use by other employees.
5. Catastrophic Leave Pool Committee means a committee comprised of six members who represent a cross section of the County’s employees, who review applications from employees for Catastrophic Leave and make decisions on eligibility and amount of leave granted.
6. Employee means an employee who is employed in a full-time position at Faulkner County for a period of at least one year.
7. Leave Donor means an employee whose voluntary written request to donate accrued sick or annual leave to the Catastrophic Leave Pool has been approved by the Catastrophic Leave Pool Committee.
8. Leave recipient means a current employee for whom the Committee has approved an application to receive catastrophic leave from the leave pool.
9. Serious Medical Condition means a disastrous situation on which an employee is incapacitated for the performance of assigned duties due to a disability, serious illness or injury of the employed and such condition requires the employee’s absence from duty as documented by a physician.
10. Prolonged Period of Time means twenty or more consecutive days whereby a serious medical condition prevents the employee from performing the employee’s duties.
11. The Committee shall be comprised of six persons, made up of five full time employee’s and one administrator appointed by the Personnel Committee.
12. The purpose of the committee will be to review all Catastrophic Leave requests for determination of eligibility and the amount of leave granted. All requests will be reviewed using the following parameters:
A. All accumulated leave and leave due for the current year must first be used.
B. No employee shall be approved for Catastrophic Leave unless the employee has provided an acceptable medical certification from a physician supporting the continued absence and setting forth that the employee is and will continue to be incapacitated from performing the employee’s assigned duties, such as functional job descriptions, may be made available to the physician.
C. The applicant must be a full time employee of no less than one year.
D. In no case shall Catastrophic Leave be granted beyond the date the physician certifies that the employee is able to work.
E. Catastrophic Leave which would result in a negative balance in the Catastrophic Leave Pool shall not be granted.
F. Application for Catastrophic Leave shall be reviewed on a first filed, first considered basis.
CHAPTER FIVE
MERIT SYSTEM
A. The Faulkner County Pay Scale is based on a Step and Grade system (Attachment 1). Each position, to which an employee may be hired, is assigned to a particular Grade (Attachment 2). New employees will be assigned to Step 1 of the Grade to which their position is assigned. The Personnel Committee may approve a Step 2 or 3-entry level based upon extraordinary experience or advanced education.
B. The Merit System provides for periodic increases for those employees whose longevity warrants advancement on the step scale.
C. It is the responsibility of the appropriate elected official to insure that step increases for longevity and promotion are properly budgeted in the annual budget appropriation.
D. The Merit System will not be used as a cost-of-living pay raise scale. When a cost-of-living pay raise is granted, each dollar figure on the scale will be adjusted by the percentage of raise granted.
E. An employee may assume a higher grade only if the position for which he/she is employed is upgraded to a higher grade or if he/she is hired into a position assigned to a step, in the higher grade, that will allow for no pay cut.
F. Changes in the county payroll, which do not cause an increase in appropriations in the elected officials budget, requires only the approval of the Personnel Committee. The Personnel Officer will forward approved entries (Attachment 3) or changes in the payroll to the County Clerk.
G. Changes in the County payroll that involves an increase in appropriations will require approval of the Personnel Committee and be forwarded through the Budget and Finance Committee, for approval of the Quorum Court.
H. The following positions are not appropriated according to the Step and Grade Scale:
a. Judicial personnel and their employees.
b. Library personnel.
c. Department heads with the following stipulations:
1. Must have twenty (20) subordinates.
2. Budget appropriations of at least $3 million.
ATTACHMENT 2
STEP AND GRADE SYSTEM
GRADE DEFINITION
GRADE 1 Maintenance
($17,000)
GRADE 2 Jailers, Dispatch, OES Secretary
($18,500)
GRADE 3 General Laborer, Sheriff and Jail Secretaries
($20,000)
GRADE 4 Clerical/Data Processor (Circuit Judge), Data Entry, Deputy Collector, Deputy ($21,500) Circuit Clerk, Deputy Assessor, Deputy County Clerk, Deputy Treasurer,
OES Assistant, Entry Appraiser, Roads Secretary, Roads Bookkeeper, Truck Driver I, Mechanic I, Operator I
GRADE 5 Truck Driver II, Mechanic II, Operator II, Real Estate Appraiser,
($23,000) Business/Personal Property Appraiser
GRADE 6 Assistant Abstractor, Higher-End Appraisers, Administrative Assistants ($24,500)
GRADE 7 Sheriff Deputy New Hires, Foreman I
($26,000)
GRADE 8 Sergeants, Foreman II, FINS/Truancy Intake Officer
($27,500)
GRADE 9 Chief Deputies of Elected Officials, Data Processing Department Head ($29,000) Lieutenant Deputies, Supervisor of Roads, Delinquency Intake Officer,
Probation Officer
GRADE 10 OES Department Head, Judicial Department Head/Manager
($30,500)
GRADE 14 Patrol Commander
($35,000)
GRADE 16 Chief Deputy Sheriff, Jail Administrator
($39,500)
GRADE 17 Chief Administrator
($41,000)
CHAPTER SIX
MERIT PROMOTIONS
A. All elected officials will meet for the express purpose of determining if merit promotions are possible. This should not be confused with a cost-of-living raise, which is a separate appropriation consideration. It will be the responsibility of the elected officials to determine the number of available. Budgetary constraints must be considered. Employees must realize that promotional opportunities do not necessarily exist in all governmental activities in Faulkner County. Employees are encouraged to apply for higher positions in other offices, provided they meet the basic entrance qualifications.
B. It is the responsibility of the applicable elected official to insure that the new promotion is properly budgeted in the next year’s budget. A merit promotion will be a four percent increase in salary.
C. Merit promotions will be effective the next pay period after final approval. It is conceivable that the newly promoted individual will receive the merit promotion pay raise and, if given, a cost-of-living raise on January 1st. These compensation transactions are separate and unrelated.
CHAPTER SEVEN
DISCIPLINARY ACTION
Disciplinary action taken against an employee may be any one of the following:
1. A verbal warning or reprimand may be given.
2. A written warning or reprimand (Attachment 1) may be given to the employee.
3. Employees may be suspended for up to four (4) weeks without pay for repeated or serious acts of misconduct. Documentation of the reason for suspension and the resolution must be filed with the Personnel Manager.
4. Employees may be terminated from employment for repeated acts of misconduct or for a serious breach of conduct. An elected official may immediately terminate any employee that is not performing assigned tasks in an acceptable manner.
5. A “Termination Report” (Attachment 2) will be given to the employee prior to the effective date of employment termination. In the case of non-disciplinary employment termination, the termination report will be given to the employee ten (10) working days prior to the effective date. It is recommended by the Quorum Court that newly elected officials retain at least one employee per office. This will encourage professionalism and continuity.
6. County employees are requested to give ten (10) working days notice of their intent to resign. Resignation notices are submitted in writing to the appropriate elected official / department head. The official will immediately forward the notice to the Personnel Manager, who will take action to process final pay and begin the recruitment process.
7. Nothing in this disciplinary action chapter changes the “at-will” character of county employment, as set forth in the Introduction, all of which is incorporated herein by reference.
CHAPTER EIGHT
GRIEVANCE PROCEDURE
The purpose of this Grievance Hearing Procedure is to establish a required procedure to resolve applicant and employee grievances, and to thereby enable the county to voluntarily conform the conduct of county officials and county employees to the requirements of county policy. If the applicant or employee does not follow this affirmatively required county grievance hearing procedure, the county will raise waiver and estoppels as affirmative defenses to any claims against the county filed by the applicant via any administrative or judicial procedures otherwise available for redress of grievances.
A. INFORMAL PROCEDURE FOR REPORTING/RESOLVING PERCEIVED HARASSMENT
1. This policy provides an informal procedure for reporting any conduct or condition perceived to be race, color, religion, gender, sex, national origin, age, or disability harassment to enable the county to receive timely notice and to act affirmatively, if needed, to assure compliance with the law. If this informal procedure does not achieve the desired result, the affected person should utilize the Grievance Hearing procedure to bring the matter before the County Grievance Committee. [Modified 01/01/2000]
2. Race, color, religion, gender, sex, national origin, age, or disability harassment (by conduct or condition) is prohibited.
3. If you consider a County official’s or a County employee’s conduct or a workplace condition to be race, color, religion, gender, sex, national origin, age, or disability harassment, report it immediately to any supervisor or elected official. [Modified 01/01/2000]
4. The supervisor or elected official receiving any such report shall report the matter to the appropriate elected official or officials which, for the implementation of this procedure, shall be the elected official(s) responsible for managing the day-to-day affairs of the office of county government in which the alleged harassment occurred or in which the alleged harasser works.
5. Any supervisor or elected official receiving any report of race, color, religion, gender, sex, national origin, age, or disability harassment shall take appropriate action to remedy any race, color, religion, gender, sex, national origin, age, or disability harassment and shall respond to the person reporting the matter so the person originating the report can be informed of the action taken.
6. If the person reporting the alleged harassment is not satisfied with the action taken or if the alleged harassment continues, that person shall report the matter to the County's Prosecuting Attorney or Deputy Prosecuting Attorney.
7. Except to the extent needed to implement this policy and remedy the alleged harassment, the identification of the person reporting the conduct or condition shall remain confidential.
8. Reporting conditions or conduct reasonably believed to be prohibited harassment shall not adversely affect the reporting citizen or employee. [Modified 01/01/2000]
B. AVAILABILITY OF PROPERTY RIGHT HEARING
1. Either the county or the employee may terminate at-will employment at any time, without notice, without cause and without a property right hearing.
2. Any claim that an employee has a constitutionally protected property right in employment until “just cause” for discipline or dismissal is proved by the county at a deprivation hearing, must be timely asserted in writing by the affected employee in accordance with the employee grievance hearing procedure, or the property right claim will be waived by the employee.
C. AVAILABILITY OF LIBERTY RIGHT HEARING
Any claim of illegal county employment discrimination on the basis of race, color, religion, gender, national origin, or disability or because the county is acting in a manner that is arbitrary or unreasonable, in hiring, compensation, conditions of employment, discipline, or dismissal must be timely made in writing by the affected applicant or employee in accordance with this grievance hearing procedure.
Any claim that any employee treatment, discipline, or dismissal is unconstitutional punishment due to the employee’s exercise of a constitutionally protected “liberty right” or other constitutionally protected activity of the employee must be timely made in writing by the affected employee in accordance with this grievance hearing procedure.
Any claim that any employee treatment, discipline, or dismissal is contrary to the public policy of Arkansas must be timely made in writing by the affected employee in accordance with this grievance hearing procedure.
D. AVAILABLITY OF NAME CLEARING HEARING
The affected employee in accordance with this employee grievance hearing procedure must timely assert any claim that an employee’s liberty interest in future employment has been damaged as a result of any “stigmatizing charge” publicly communicated by the county, or the employee will waive it.
E. GENERAL AVAILABILITY OF HEARING
1. A grievance hearing requested by an employee is not required to be held unless the employee in the manner required by this employee grievance hearing procedure and required by the constitution or this policy timely requests it.
2. Neither liberty rights nor property rights are created by this document.
3. The County may, at its discretion, hold a hearing prior to any decision or deprivation.
F. TIMELY REQUEST FOR FORMAL GRIEVANCE HEARING
1. The employee must file a timely written Employee Grievance Hearing Request after any claimed deprivation of the employee’s liberty or property, or any right of the employee to a hearing shall be waived.
2. An Employee Grievance Hearing Request should state:
a. The grievance for which a hearing is requested.
b. The factual basis of the grievance.
c. The relief sought by the employee.
3. The employee’s written Employee Grievance Hearing Request shall be delivered to the County Grievance Coordinator (Personnel Manager), in care of the County Grievance Committee, in care of the County Judge no later than four-thirty (4:30) p.m. on the third full business day (weekends and holidays excluded) after any claimed deprivation for which a grievance hearing is requested.
4. Any discipline or dismissal resulting in a reduction or removal of pay or position shall automatically be suspension with pay for three full business days (weekends and holidays excluded) or, if an employee timely requests a grievance hearing until the day the County Grievance Committee renders its decision.
5. The Grievance Committee shall respond in writing to all timely submitted Employee Grievance Hearing Requests stating:
a. The time and place of the hearing, if the hearing request is granted, and;
b. The reason for denial, if the hearing request is denied.
G. HEARING PROCEDURES
1. HEARING RECORD
The hearing shall be reported by a court reporter (not merely a tape recorder) for transcription upon request by either party at the request of the requesting party.
2. PROCEDURAL ISSUES
At the hearing, on the record, the parties shall suggest any desired hearing procedures and state any complaints regarding: (a) the notice; (b) the date, time, or place of the hearing; (c) the opportunity to refute the charges; and (d) the impartiality of the decision maker(s).
3. RULES OF PROCEDURE AND EVIDENCE
Informal rules of procedure and evidence (ACA 25-15-208) shall be followed:
a. Witnesses shall testify under oath;
b. Parties shall be allowed, at their own expense, to obtain and use legal counsel for representation;
c. Parties shall be allowed to obtain and use the presence of witnesses for examination, cross-examination, and rebuttal; and
d. Parties should be granted a reasonable continuance if requested prior to the hearing in writing and if reasonably necessary for stated reasons to prepare adequately for the hearing.
4. PUBLICATION
The County Grievance Committee shall hear the evidence offered by the parties, hear any argument by the parties, and vote without public discussion or deliberation. Only the decision, and not the factual or legal reasons thereof, shall be announced publicly. The hearing shall be held in public if so required by the Freedom of Information Act; however, the employee may, at any time, decline the hearing and accept the intended discipline or dismissal.
5. CONFIRM IN WRITING
After the hearing, the grieving applicant or employee shall be sent a letter stating the factual and legal basis found by the County Grievance Committee for any refusal or removal of pay or position.
6. HEARING ISSUES AND BURDENS OF PROOF
a. Property Interest Hearings
i. Since this county employment policy affirmatively creates at-will employment, the employee has the burden of proving a preponderance of the evidence that he or she has a property interest in his or her employment.
ii. Where the employee meets his/her burden of proof, the supervisory official has the burden of proving “just cause” for the supervisory official’s intended discipline or dismissal of the employee.
b. Liberty Interest Hearings
i. Claims of Arbitrary Discrimination
1) The grieving employee has the burden of proving by a preponderance of the evidence that he/she is being treated differently than another person otherwise similarly situated with the employee.
2) Where the employee meets his/her burden of proof, the supervisory official has the burden of proving by a preponderance of the evidence that the reason for the difference in treatment is rationally related to the effectuation of a legitimate county objective.
ii. Claims of Unconstitutional Punishment
1) The employee has the burden of proving by a preponderance of the evidence that he/she has engaged in constitutionally protected conduct that was a substantial or motivating factor in adverse employment decision, discipline, or dismissal.
2) Where the employee meets his/her burden of proof, the supervisory official has the burden of proving that the adverse employment decision, discipline, or dismissal would have occurred even in the absence of the constitutionally protected conduct.
iii. Claims of Discrimination Due to Race, Color, Religion, Gender, or National Origin
1) The grieving applicant or employee has the burden of proving by a preponderance of the evidence that he/she is being treated or affected differently than another person who, other than for race, color, religion, gender, or national origin, is similarly situated with the applicant or the employee.
2) Where the applicant or employee meets his/her burden of proof, the supervisory official has the burden of proving by a preponderance of the evidence that the proven inequality of treatment or effect is necessary to effectuate a compelling county objective.
iv. Claims of Discrimination Due to a Disability
1) The grieving applicant or employee has the burden of proving by a preponderance of the evidence that he/she is a qualified individual with a disability who, because of the disability, is being treated or affected differently than another person in regard to job application, procedures, advancement, dismissal, compensation, training, or other term conditions, or privileges of employment.
2) Where the applicant or employee meets his/her burden of proof, the supervisory official has the burden of proving by a preponderance of the evidence that the proven difference in treatment or effect is job related and necessary to effectuate a legitimate county objective, that performance of the job cannot be accomplished by reasonable accommodation, or that the needed accommodation would result in undue hardship on the county.
3) Definitions:
The following definitions apply to claims of discrimination due to a disability.
3a. Disabled or disability: A physical or mental impairment that substantially limits one or more of the major life activities of an individual, having a record of such impairment; or being regarded as having such an impairment.
3b. Regarded as having such impairment: Includes those with conditions such as obesity or cosmetic disfigurement, and individuals perceived to be at high risk of incurring a work related injury.
3c. Discrimination includes:
1. Limiting, segregating, or classifying a job applicant or employee in a manner that adversely affects his/her opportunities or status;
2. Participating in contractual or other arrangements that have the effect of subjecting individuals with disabilities to discrimination;
3. Using standards, criteria, or methods of administration in such manner that results in or perpetuates discrimination;
4. Imposing or applying tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the test or selection criteria are job related and consistent with business necessity;
5. Failing to make reasonable accommodations to the known limitations of a qualified individual with a disability unless the covered entity can demonstrate that an accommodation would impose an undue hardship on the operation of the business; or
6. Denying employment opportunities because a qualified individual with a disability needs reasonable accommodations.
3d.Reasonable accommodation examples include:
1. Making existing facilities used by employees readily accessible to the disabled;
2. Job restructuring;
3. Flexible or modified work schedules;
4. Reassignment to other positions; and
5. The acquisition or modification of equipment or devices.
3e. Undue hardship: An action requiring “significant difficulty or expense,” considering:
1. The overall size of the county with respect to the number of employees, number and type of facilities, and size of the budget.
2. The type of operation maintained by the county including the composition and structure of the work force of that entity; and
3. The nature and cost of the accommodation needed.
3f. Qualified individual with a disability: An individual with a disability who, with or without reasonable accommodation, can perform the “essential functions: of the employment position held or desired.
3g. Essential functions: Job tasks that are fundamental but not marginal (not every task is to be included in determining the essential functions).
c. Name Clearing Hearings
a. The grieving applicant or employee has the burden of alleging that a “stigmatizing charge” has been publicly communicated by the county or a county official or county employee and requesting an opportunity to publicly clear his/her name.
b. Where the applicant or employee meets his/her burden of proof, the county shall provide the applicant or employee a public hearing opportunity to clear his/her name.
H. COUNTY GRIEVANCE COMMITTEE
1. The County Grievance Committee for employees hired by the County Judge shall be the Quorum Court, but the decision of the Grievance Committee shall only be advisory to the County Judge. (Arkansas constitution, Amendment 55, Section 3.)
2. The Grievance Committee for employees not hired by the County Judge shall be the Personnel Committee and the decision of the Grievance Committee shall be the decision of the County. (Arkansas Constitution, Amendment 55, Section 1.)
3. The purpose of the grievance hearing is to enable the county, through its Grievance Committee, to hear both the employee and the employee’s supervisory official and to thereafter determine whether or not an operational decision of a county official or employee violated county policy.
4. The County Grievance Committee is not to substitute its operational judgment for that of an elected official.
I. RELEASE OF EMPLOYEE GRIEVANCE RECORDS
Public access to employee grievance records is authorized only of approved by the affected employee or authorized by the Arkansas Freedom of Information Act.
CHAPTER NINE
FAULKNER COUNTY PERSONNEL COMMITTEE
1. The Faulkner County Personnel Committee shall consist of the County Judge, County Sheriff, County Clerk, Circuit Clerk, Tax Assessor, Tax Collector, County Treasurer, and one (1) Quorum Court member, chosen by the County Judge. The County Administrator will serve as the non-voting advisor to the committee and will provide technical guidance only. The Quorum Court member will serve as Chairperson of the committee.
2. The Quorum Court member will serve a two-year term and will be eligible for re-appointment by the County Judge.
3. All meetings will be called by the Chairperson as the need arises or as requested by employees or county officials.
4. The Personnel Committee will also serve as the Grievance Committee for employees not hired by the County Judge.
CHAPTER TEN
POLITICAL ACTIVITY
1. It is the policy of Faulkner County that any employee formally filing for a full-time County constitutional office shall terminate their employment or assume leave without pay status at least six weeks prior to the election in which they have an opponent. A leave without pay status rests with the decision of the elected official in charge of that office involved. The employee may draw any accrued vacation time during this leave of absence.
2. Failure of any employee to observe this policy will result in termination of employment. (Any employee whose position is funded, either fully or in part, by Federal funds is also restricted from partisan political activities by provisions of the law known as the “Hatch Act”.)
CHAPTER ELEVEN
FINAL NOTES
The Personnel Committee will review the Step and Grade Scale annually during its September meeting in preparation for the next budget year.