Chapter 12
PERSONNEL
Article I. In General
Sec. 12-1. Master policy for merit system adopted; coverage of other commissions, etc.
Sec. 12-2. Job classification and compensation plan adopted.
Sec. 12-3. Inclusion of volunteer firefighters and volunteer law enforcement personnel under workers' compensation.
Secs. 12-4– 12-20. Reserved.
Article II. Code of Ethics
Sec. 12-21. Purpose.
Sec. 12-22. Definitions.
Sec. 12-23. Code of ethics.
Sec. 12-24. Exceptions.
Sec. 12-25. Disclosure of interest in legislative action.
Sec. 12-26. Abstentions.
Sec. 12-27. Enforcement.
Sec. 12-28. Penalties.
Sec. 12-29. Distribution.
Sec. 12-30. Reserved.
Article III. Substance Abuse Policy
Sec. 12-31. Policy established.
Sec. 12-32. Determination of employee as impaired.
Sec. 12-33. Testing of job applicants.
Sec. 12-34. Drug testing practices.
Sec. 12-35. Positive test results.
Sec. 12-36. Refusal to be tested.
Sec. 12-37. Confidentiality.
Sec. 12-38. Treatment.
Sec. 12-39. Intent of policy.
Sec. 12-40. Supplemental regulations for safety-sensitive employees.
Secs. 12-41– 12-50. Reserved.
Article IV. Harassment Policy
Sec. 12-51. Policy.
Sec. 12-52. Definition.
Sec. 12-53. Sexual harassment.
Sec. 12-54. Harassment not tolerated.
Sec. 12-55. Complaint procedure.
Secs. 12-56– 12-60. Reserved.
Article V. Direct Deposit Policy
Sec. 12-61. Mandatory; exemptions.
Sec. 12-62. Availability of funds.
Sec. 12-63. Distribution of paychecks.
Sec. 12-64. Designation of financial institution.
Secs. 12-65– 12-70. Reserved.
Article VI. Travel Policy
Sec. 12-71. Purpose.
Sec. 12-72. Application.
Sec. 12-73. Provisions.
Sec. 12-74. Procedures.
Secs. 12-75– 12-80. Reserved.
Article VII. Educational Assistance Program
Sec. 12-81. Purpose.
Sec. 12-82. Eligibility.
Sec. 12-83. Coverage.
Sec. 12-84. Application process.
Sec. 12-85. Approval process.
Sec. 12-86. Criteria for evaluation of applications.
Sec. 12-87. Reimbursement process.
Sec. 12-88. Loss of benefit due to termination.
Sec. 12-89. Income tax information.
ARTICLE I.
IN GENERAL*
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Note: See the editor's note to art. II, § 12-21 et seq.
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Sec. 12-1. Master policy for merit system adopted; coverage of other commissions, etc.
(a) There is hereby adopted a master policy for the county merit system of personnel administration, effective July 1, 1984, a copy of which, as amended, is on file in the board of commissioner's office, marked Exhibit "A" and incorporated herein by reference.
(b) Positions of employment within departments subject to the jurisdiction of the probate judge, the tax commissioner, the sheriff, and the clerk of superior court or other commissions, boards, or bodies, shall be subject to the rules and regulations of the merit system only upon the written application of the county officer, commission, board or body having the power of appointment, employment, or removal from positions within that office, department, commission, board or body. Once positions of employment are made subject to the rules and regulations of the merit system, they shall not be removed thereafter from the coverage of the merit system.
(Res. of 6-25-84, §§ 1– 3)
Sec. 12-2. Job classification and compensation plan adopted.
There is hereby created a job classification and compensation plan of the county merit system of personnel administration, effective July 1, 1984, a copy of which, as implemented and modified, is on file in the board of commissioner's office, marked Exhibit "A" and incorporated herein by reference.
(Res. of 7-13-84, §§ 1, 2)
Sec. 12-3. Inclusion of volunteer firefighters and volunteer law enforcement personnel under workers' compensation.
All volunteer firefighters and volunteer law enforcement personnel, so long as the services rendered at the time of injury are on behalf of the county, shall be deemed to be employees for purposes of workers' compensation on behalf of the county.
(Res. of 4-19-88)
Editor's note: Inclusion of the provisions of a resolution adopted Apr. 19, 1988, as § 12-3 was at the discretion of the editor, the resolution being nonamendatory of the Code.
Secs. 12-4– 12-20. Reserved.
ARTICLE II. ------------
Editor's note: Inclusion of the provisions of §§ I– IX of an ordinance adopted Jan. 12, 1993, as ch. 12, art. II, §§ 12-21– 12-29, was at the discretion of the editor, the ordinance being nonamendatory of the Code. The existing provisions of ch. 12, §§ 12-1– 12-3, were designated art. I.
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Sec. 12-21. Purpose.
The proper operation of democratic government required that public officials and employees be independent, impartial and responsible to the people; that the government decisions and policy be made through proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all county officials and employees is adopted. The purpose of this policy is to establish ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the county and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the county.
(Ord. of 1-12-93, § I)
Sec. 12-22. Definitions.
Business entity means any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation.
Confidential, information means any information which, by law or practice, is not available to the public.
County official or official shall mean the county board of commissioners, administrator, county attorney and his assistants, and any county employee exempt from merit system regulations who has been appointed to the position by either the administrator or the board of commissioners acting independently or jointly and any member of any other county board or authority.
Employee shall include all those persons employed on a regular or part-time basis by the county, as well as those persons whose services are retained under the terms of a contractual agreement with the county.
Immediate family means an official or employee and the spouse of an official or employee, their parents, children, brothers and sisters related by blood or marriage.
Interest means direct or indirect pecuniary or material benefit accruing to a public officer or employee as a result of a contract or transaction which is or may be the subject of an official, act or action by or with the county except for such contracts or transactions which, by their terms and by the substance of their provisions, confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. For purposes of this policy, a county official or employee shall be deemed to have an interest in the affairs of:
(a) His or her immediate family;
(b) Any person or business entity with whom a contractual relationship exists with the county official or employee;
(c) Any business entity in which the county official or employee is an officer, director, or member having a financial interest in, or employed by it;
(d) Any business entity in which the stock of, or legal or beneficial ownership of is in excess of five percent of the total stock or total legal and beneficial ownership is controlled or owned directly or indirectly by the county official or employee.
Official, act or action means any legislative, administrative, appointive or discretionary act of any official, or employee of the county or any agency, board, committee, authority or commission thereof.
Reprimand means an expression of disapproval.
(Ord. of 1-12-93, § II)
Sec. 12-23. Code of ethics.
(a) Interest in contract or transaction: No county official or employee having the power or duty to perform an official act or action related to a contract or transaction which is or may be the subject of an official act or action of the county shall:
(1) Have or thereafter acquire an interest in such contract or transaction; or
(2) Have an interest in any business entity representing, advising or appearing on behalf of, whether paid or unpaid, any person involved in such contract or transaction; or
(3) Have solicited or accepted present or future employment with a person or business entity involved in such contract or transaction; or
(4) Have solicited, accepted or granted a present or future gift favor, service or thing of value from or to a person involved in such contract or transaction, except as provided in section 12-34; or
(5) Have encouraged, made or accepted any ex parte or unilateral application or communication where a determination is to be made after a public hearing and such public employee fails to make the contents of the communication a part of the record.
(b) Preacquisition of interest: No county official or employee with respect to any contract or transaction which is or may be the subject of an official act or action of the county shall acquire an interest in or be affected by such contract or transaction at a time when the public employee believes or has reason to believe that it will directly or indirectly be affected by an official act of action of the county.
(c) Disclosure of information: No county official, or employee with respect to any contract or transaction which is or may be the subject of an official act or action of the county, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the county, or use such information to advance the financial or other private interest of himself or others.
(d) Incompatible service: No county official or employee shall engage in or accept private employment or render service, for private interest, when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties, unless otherwise permitted by law and unless disclosure is made as provided in this policy.
(e) Appearances: No county official or employee shall appear on behalf of any private person other than himself, his spouse or minor children, before any county agency, authority or board. However, a member of the commissioners may appear before such groups on behalf of his constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations.
(f) Public property: No county official or employee shall request or permit the unauthorized use of county-owned vehicles, equipment, materials or property for personal convenience or profit.
(g) Special treatment: No county official or employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen in the same or similar circumstances.
(h) Later case interest: No county official or employee shall, after the termination of service or employment with the county, appear before any board, commission, committee, agency or authority of the county in relation to any case, proceeding or application in which he personally participated during the period of his service or employment, or which was under his active consideration.
(i) Political recrimination: No county official or employee, whether elected or appointed, shall promise an appointment to or threaten the dismissal from any county position as a reward or punishment for any political activity.
(j) Withholding of information: No county official or employee shall knowingly withhold any information which would impair the proper decision making of any of the county boards, authorities, agencies or commissions.
(k) Payment of debts: All county officials and employees shall settle all accounts between them and the county, including the payment of taxes, in a timely fashion.
(l) Organizational integrity: County commissioners, as policy makers, shall refrain from unduly interfering in the daily administrative affairs of department supervisors. Commissioner shall not, acting alone, make suggestions to the department supervisors or other employees, except the county administrator, regarding the hiring, firing or disciplining of county employees unless requested to do so by the department supervisor.
(m) Employment of relatives: No county official shall employ or appoint on behalf of the county or any board, commission, committee, agency or authority acting thereunder any third person related by blood or marriage within the third degree.
(Ord. of 1-12-93, § III)
Sec. 12-24. Exceptions.
(a) It shall not be deemed a violation of the standards of this policy if the interest of a county official or employee in a person or business entity is a contractual obligation of less than $500.00 which has not been preceded by any other obligation, discharged or existing, between the parties, and which is not the first in a series of two or more loans or debts which either of the parties is under an obligation to make or incur.
(b) The following shall not be deemed a violation of the standards of this policy:
(1) Legitimate salary, benefits, fees, commissions, or expenses associated with an official's or employee's nonpublic business.
(2) An award, plaque, certificate, memento, or similar item given in recognition of the official's or employee's civic, charitable, political, professional, or public service.
(3) Food, beverages, and registration at group events to which all similarly situated employees or officials are invited.
(4) Actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to an official or employee so that he or she may participate or speak at the meeting.
(5) A commercially reasonable loan made in the ordinary course of business.
(6) Any gift with a total value less than $100.00 in any calendar year.
(7) Promotional items generally distributed to public officials generally.
(8) A gift from a member of the public official's immediate family.
(9) Food, beverage, or expenses afforded public officials or employees, and members of their immediate families, or others that are associated with normal and customary business or social functions or activities.
(c) It shall not be deemed a violation of the standards of this policy if the county official or employee, in his capacity as such official or employee, participates in the making of a contract even if such official or employee has a private pecuniary interest, or performs in regard to that contract some function requiring the exercise of discretion on his part, if:
(1) The contract is awarded through a process of public notice and competitive bidding; or
(2) The board of commissioners at a regular meeting, after determining that it is in the best interest of the county to do so, authorizes such participation.
(Ord. of 1-12-93, § IV)
Sec. 12-25. Disclosure of interest in legislative action.
(a) Any member of the board of commissioners who has a financial or personal interest in any proposed legislation before the commission shall disclose on the record the nature and extent of such interest.
(b) Any other official or employee who has a financial or personal interest in any proposed legislative action of the board of commissioners and who participates in discussion with or gives an official opinion or recommendation to the commission shall disclose on the record the nature and extent of such interest.
(Ord. of 1-12-93, § V)
Sec. 12-26. Abstentions.
A county official or employee who has an interest that he has reason to believe may be affected by an official, act or action shall abstain from participating in same.
(Ord. of 1-12-93, § VI)
Sec. 12-27. Enforcement.
(a) In the event of the violation of any part of this Code by any person included under its provisions, it shall be the duty of the other parties covered herein to report the same to the county board of commissioners and for the county board of commissioners, after proper investigation with due process being afforded to the alleged offender, to take whatever action it deems necessary and appropriate.
(b) Any person who believes that a violation of any portion of the policy has occurred may file a written complaint with the board of commissioners which shall contain the following information:
(1) The name of the official, or employee whose conduct is in questions.
(2) The nature of the violation alleged, including the date, other concerned parties involved, and the policy provision involved.
(c) Nothing in this policy shall be construed to prevent complainants from instituting direct legal action through the appropriated judicial authority.
(Ord. of 1-12-93, § VII)
Sec. 12-28. Penalties.
(a) Employees are subject to the following penalties and action for a breach of the ethics policy:
(1) Written warning or reprimand.
(2) Suspension without pay.
(3) Termination of employment.
(4) Recovery of value transferred or received by the county.
(5) Cancellation of the contract or rejection of the bid or offer.
(b) County officials are subject to the following penalties and action for breach of ethics:
(1) Written warning or reprimand.
(2) Removal from office as provided by Georgia law.
(3) Cancellation of the contract or rejection of the bid or offer.
(4) Recovery of the value transferred or received.
(5) Debarment or suspension from award of county contract for a period of up to three years.
(c) As regards those employees who are covered by the Master Policy for Whitfield County Merit System, that policy shall supersede any provisions which may be in conflict with this code of ethics insofar as the process, hearing, or administration of any penalties or other administrative remedies are concerned.
(Ord. of 1-12-93, § VIII)
Sec. 12-29. Distribution.
The county administrator shall cause a copy of this code of ethics to be distributed to every official and employee of the county within 30 days after enactment of this Code. Each official and employee elected, appointed or engaged thereafter shall be furnished a copy before entering upon the duties of this office or employment.
(Ord. of 1-12-93, § IX)
Sec. 12-30. Reserved.
ARTICLE III. Sec. 12-31. Policy established.
Whitfield County is committed to providing a safe work environment and to fostering the well-being and health of its employees. That commitment is jeopardized when any county employee illegally uses drugs on the job, comes to work under their influence, possesses, distributes or sells drugs in the workplace, or abuses alcohol on the job. This policy statement shall be posted on the courthouse bulletin board and other locations within each department and otherwise made available for inspection during normal working hours. The county has established the following policy:
(1) It is a violation of county policy for any employee to use, possess, sell, trade, offer for sale, or offer to buy illegal drugs or otherwise engage in illegal use of drugs on the job.
(2) It is a violation of county policy for anyone to report to work under the influence of illegal drugs or alcohol.
(3) The consumption or possession of alcoholic beverages on county premises and all work areas is prohibited. An employee whose normal faculties are impaired due to the consumption of alcohol, or whose blood alcohol level is 0.04 or higher while on duty or while conducting county business shall be guilty of misconduct. Failure to submit to required medical or physical examinations or tests is misconduct, and is grounds for discharge or suspension, without pay, from employment. Behavior that constitutes a refusal to submit to a test includes:
a. A verbal declaration;
b. An inability to provide a sufficient urine specimen or breath sample without a valid medical explanation, as well as obstructive behavior or physical absence resulting in the inability to conduct the test;
c. Leaving the scene of an accident without justifiable explanation prior to submission to drug and alcohol testing.
(4) It is a violation of the county policy for anyone to use prescription drugs illegally. However, nothing in this policy precludes the appropriate use of legally prescribed medications.
(5) All employees are required to notify the county of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action, up to and including termination.
(Mo. of 7-12-94; Mo. of 10-8-96)
Sec. 12-32. Determination of employee as impaired.
An employee reporting to work visibly impaired will be deemed unable to perform required duties and will not be allowed to work. If possible, the employee's supervisor will first seek another supervisor's opinion to confirm the employee's status. Next the supervisor will consult privately with the employee to determine the cause of the observation, including whether substance abuse has occurred. If, in the opinion of the supervisor, the employee is considered impaired, the employee will be sent to a medical facility by taxi or other safe transportation alternative, depending on the determination of the observed impairment, and accompanied by the supervisor or another employee if necessary for the purposes of drug or alcohol testing. An impaired employee will not be allowed to drive. Under no circumstances should an employee be sent home without first being tested.
(Mo. of 7-12-94; Mo. of 10-8-96)
Sec. 12-33. Testing of job applicants.
All job applicants at Whitfield County will undergo testing for the presence of illegal drugs as a condition of employment. Any applicant with a confirmed positive test will be denied employment.
Applicants will be required to submit voluntarily to a urinalysis test at a laboratory chosen by the county, and by signing a consent agreement will release the county from liability. If the physician, official or lab personnel has reasonable suspicion to believe that the job applicant has tampered with the specimen, the applicant will not be considered for employment.
The county will not discriminate against applicants for employment because of a past history of drug abuse. It is the current abuse of drugs, preventing employees from performing their jobs properly, that the county will not tolerate.
Individuals who have failed a pre-employment test may initiate another inquiry with the county after a period of not shorter than six months; but they must present themselves drug-free as demonstrated by urinalysis or other test selected by the county.
(Mo. of 7-12-94)
Sec. 12-34. Drug testing practices.
(a) Condition of employment. Whitfield County has adopted testing practices to identify employees who use illegal drugs on or off the job. The drug test to which these personnel are required to submit is substance abuse testing. One time only, prior to testing, all employees and job applicants for employment shall be given a notice of testing, and a copy of this written policy statement. It shall be a condition of employment for all employees and job applicants after employment is offered to submit to drug and alcohol testing under the following circumstances (refusal to submit may be cause for immediate dismissal):
(1) When there is reasonable suspicion to believe that an employee is using illegal drugs. The following circumstances could cause reasonable suspicion:
a. Observed drug abuse.
b. Apparent physical state of impairment.
c. Incoherent mental state.
d. Marked changes in personal behavior that are otherwise unexplainable.
e. Deteriorating work performance that is not attributable to other factors.
f. Accidents or other actions that provide reasonable cause to believe the employee may be under the influence of drugs.
(2) When employees are involved in on-the-job accidents where personal injury or damage to company property occurs. Post-accident testing is required when employees have caused or contributed to an on-the-job injury that resulted in a loss of work time, which means any period of time during which an employee stops performing the normal duties of employment and leaves the place of employment to seek care from a licensed medical provider. Drug and alcohol tests must be performed as soon as possible after an accident, but no longer than 32 hours for drugs and eight hours for alcohol.
(3) As part of a follow-up program of treatment for drug or alcohol abuse once the employer has been informed that the employee is again suitable for employment, the employee must test negative on the drug and alcohol screen to be reinstated and agree to further random drug testing (at least once a year for two years with no advanced notice).
(4) Job applicants.
(5) When a substance abuse test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group.
(b) Collection and testing procedures. Specimen collection and testing shall be performed in accordance with the following procedures:
(1) A specimen shall be collected with due regard to the privacy of the individual providing the specimen, and in a manner reasonably calculated to prevent substitution or contamination of the specimen.
(2) Specimen collection shall be documented, and the documentation procedures shall include:
a. Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results; and
b. An opportunity for the employee or job applicant to record any information he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The providing of information shall not preclude the administration of the test, but shall be taken into account in interpreting any positive confirmed results.
(3) Specimen collection, storage, and transportation to the testing site shall be performed in a manner which will reasonably preclude specimen contamination or adulteration.
(4) Each initial and confirmation test conducted not including the taking or collecting of a specimen to be tested, shall be conducted by a laboratory as described in subsection (13) below.
(5) A specimen for a test may be taken or collected by any of the following persons:
a. A physician, a physician's assistant, a registered professional nurse, a licensed practical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment;
b. A qualified person certified or employed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, or the Georgia Department of Human Resources; or
c. A qualified person certified or employed by a collection company.
(6) Within five working days after receipt of a positive confirmed test result from the laboratory, an employer shall inform an employee or job applicant in writing of such positive test results, the consequences of such results, and the options available to the employee or job applicant.
(7) The employer shall provide to the employee or job applicant, upon request, a copy of the test results.
(8) An initial test having a positive result must be verified by a confirmation test.
(9) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper record keeping, handling, labeling, and identification of all specimens to be tested.
(10) An employer shall pay the cost of all drug tests, initial and confirmation, which the employer requires of employees.
(11) An employee or job applicant shall pay the cost of any additional tests not required by the employer.
(12) If testing is conducted based on reasonable suspicion, the employer shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential to the employer and retained by the employer.
(13) No laboratory may analyze initial or confirmation drug or alcohol specimens unless:
a. The laboratory is approved by the National Institute on Drug Abuse or the College of American Pathologists;
b. The laboratory has written procedures to ensure the chain of custody; and
c. The laboratory follows proper quality control procedures including, but not limited to:
1. The use of internal quality controls including the use of samples of known concentrations which are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy;
2. An internal review and certification process for drug test results, conducted by a person qualified to perform that function in the testing laboratory;
3. Security measures implemented by the testing laboratory to preclude adulteration of specimens and drug test results; and
4. Other necessary and proper actions taken to ensure reliable and accurate drug test results.
(14) A laboratory shall disclose to the employer a written test result report within seven working days after receipt of the sample. All laboratory reports of a substance abuse test result shall, at a minimum, state:
a. The name and address of the laboratory which performed the test and the positive identification of the person tested;
b. Positive results on confirmation tests only, or negative results, as applicable;
c. A list of the drugs for which the drug analyses were conducted; and
d. The type of tests conducted for both initial and confirmation tests and the minimum cut-off levels of the tests.
No report shall disclose the presence or absence of any drug other than a specific drug and its metabolites. "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualene, opiates, barbiturates, benxodiazepines, propoxyphene, or a metabolite of any such substances. Also, included for testing is alcohol and ethanol. An employer may test an individual for any or all of these.
(15) Laboratories shall provide technical assistance to the employer, employee, or job applicant for the purpose of interpreting any positive confirmed test results which could have been caused by prescription or nonprescription medication taken by the employee or job applicant.
(16) If an initial drug test is negative, the employer may in its sole discretion seek a confirmation test. Only laboratories as described in subsection (13) hereof shall conduct confirmation drug tests.
(17) All positive initial tests shall be confirmed using the gas chromatography/mass spectrometry (GC/MC) method or an equivalent or more accurate scientifically accepted methods approved by the National Institute on Drug Abuse as such technology becomes available in a cost-effective form.
(18) Any employee who questions the results of a required drug test under this policy may request that the split sample be tested. This test must be conducted at a different DHHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the original sample. All costs for such testing are paid by the employee unless the result of the split sample test invalidates the result of the original test. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 Code of Federal Regulations Part 40 as amended. The employee's request for a split sample test must be made to the medical review officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted if the delay was due to documentable facts that were beyond the control of the employee;
(19) Tests for breach alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration approved testing device operated by a trained technician. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. Any employee who has confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from his/her position for eight hours unless a retest results in a concentration measure of less than 0.02. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of the county policy.
(Mo. of 7-12-94; Mo. of 10-8-96)
Sec. 12-35. Positive test results.
(a) Any employee or applicant to the county who receives a positive test result will be subject to disciplinary actions such as but not limited to:
(1) Denial of employment opportunities for applicants;
(2) Suspension/leave of absence for the purpose of seeking professional treatment which has been approved by the employer at employee's expense;
(3) Termination.
(b) An employee or job applicant who receives a positive confirmed test result may contest or explain the result to the employer within five working days after written notification of the positive test result.
(Mo. of 7-12-94)
Sec. 12-36. Refusal to be tested.
Any employee of Whitfield County who, upon reasonable suspicion of management to be under the influence of illegal drugs or alcohol, will be required to submit to a drug screen test; in the event any employee refuses to submit to the drug screen test, that employee will be subject to disciplinary action up to and including termination; in the event any job applicant refuses to submit to the drug screen test, that applicant will not be eligible for hire by the county.
(Mo. of 7-12-94)
Sec. 12-37. Confidentiality.
No physician-patient relationship is created between the employee or applicant and Whitfield County, or any other person performing or evaluating a substance abuse test solely by the establishment, implementation or administration of substance abuse testing. The confidentiality of any information received by the employer through a substance abuse testing program shall be maintained, except as otherwise provided by law. The county shall release information regarding a covered employee's record as directed by specific, written consent from the employee authorizing release of information to an identified person. A covered employee is entitled, upon written request, to obtain copies of any records pertaining to his/her use of prohibited substances, including any records pertaining to test results.
Whitfield County may disclose information that is required to be maintained to the decision maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee tested. When requested by the National Transportation Safety Board as part of an accident investigation, the county shall disclose information related to its administration of drug and alcohol tests following the accident investigation. Records shall be made available to subsequent employers upon receipt of written request from the covered employee. Whitfield County shall disclose data for its drug and alcohol testing program and any other information pertaining to its anti-drug program, when requested by the secretary of transportation or any DOT agency with regulatory authority over Whitfield County.
(Mo. of 7-12-94; Mo. of 10-8-96)
Sec. 12-38. Treatment.
(a) Treatment programs. Participation in a treatment program will not affect the employee's career advancement or employment, nor will it protect any employee from disciplinary action if substandard job performance continues. A treatment program is a process used in conjunction with discipline, not as a substitute for discipline.
(b) Counseling. It is the responsibility of the county's supervisors to counsel employees whenever they see changes in performance or behavior that suggest an employee has a drug or alcohol problem. Although it is not the supervisor's job to diagnose personal problems, the supervisor should encourage such employees to seek help and advise them about the available resources for getting help. Everyone shares responsibility for maintaining a safe work environment, and co-workers should encourage anyone who has a drug or alcohol problem to seek help.
(Mo. of 7-12-94)
Sec. 12-39. Intent of policy.
The goal of this policy is to balance our respect for individuals with the need to maintain a safe, productive and drug and alcohol free environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs and the abuse of alcohol are incompatible with employment at Whitfield County.
(Mo. of 7-12-94)
Sec. 12-40. Supplemental regulations for safety-sensitive employees.
A Whitfield County safety sensitive employee is any employee who holds a commercial driver's license, operators of any equipment, employees performing the job of mechanic, traffic flow technicians and all supervisors of the above. It is a violation of the county policy for safety-sensitive employees to:
(1) Consume alcohol on the job.
(2) Consume alcohol for four hours prior to reporting for duty.
(3) Consume alcohol for eight hours after an accident or until they have been tested.
(4) Consume alcohol when they are on call.
Alcohol tests will only be conducted just before, during, or just after the performance of safety-sensitive job functions. Drug tests will be conducted any time the safety-sensitive employee is on duty. A safety-sensitive employee who has a breath alcohol concentration level of 0.04 or greater is in violation of the regulations. The employee must be immediately removed from his or her safety-sensitive duties and referred to a substance abuse professional.
It shall be a condition of employment for safety-sensitive employees to submit to drug and alcohol testing under any circumstance. Safety-sensitive employees are subject to random testing which must be unannounced and spread throughout the year. Whitfield County policy does not require a second supervisor to make a reasonable suspicion referral for safety-sensitive employees and under no circumstances should an impaired employee be sent home without first being tested.
Any safety-sensitive employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection.
These regulations are in addition to and do not otherwise alter the substance abuse policy statement.
(Mo. of 10-8-96)
Secs. 12-41– 12-50. Reserved.
ARTICLE IV. Sec. 12-51. Policy.
Whitfield County is committed to maintaining a work environment that is free of discrimination and harassment. In keeping with this commitment, we will not tolerate harassment of employees by anyone, including any supervisor, co-worker, vendor, client or customer of Whitfield County.
(Mo. of 7-12-94, § 1)
Sec. 12-52. Definition.
Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person's protected status, such as sex, color, race, religion, national origin, age, disability or other protected group status as provided for by law. Whitfield County will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment.
(Mo. of 7-12-94, § 2)
Sec. 12-53. Sexual harassment.
Generally, sexual harassment occurs if an employer or department head makes the granting of sexual favors a condition of continued employment or promotion in Whitfield County, or if a hostile or embarrassing atmosphere is created in the workplace as a result of lewd remarks and obscene language. Allowing employees to make unwelcome advances to co-workers also falls under the definition of sexual harassment.
Additionally, unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term or condition of employment; (2) submission to or rejection of the conduct issued as the basis for an employment decision; 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. Sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, sexual oriented "kidding," or "teasing," "practical jokes," jokes about gender-specific traits, 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.
(Mo. of 7-12-94, § 3)
Sec. 12-54. Harassment not tolerated.
Whitfield County will not tolerate any harassment of any nature and any charge of harassment shall be promptly and confidentially investigated.
(Mo. of 7-12-94, § 4)
Sec. 12-55. Complaint procedure.
(a) All employees are responsible for helping to assure that we avoid harassment. If you feel that you have experienced or witnessed harassment, either general or sexual, you are to notify immediately (preferably within 24 hours) your immediate supervisor or department head, or the personnel department, or other Whitfield County officials. If any of the above named is the harasser, then obviously, you would bypass that person and go to higher county officials. You will be asked to put your complaint in writing and the county forbids any retaliation against anyone who reports harassment.
(b) If the allegations warrant, the county's policy is to investigate all such complaints in a prompt and confidential manner. To the fullest extent practicable, the county will keep complaints and the terms of their resolution confidential. If an investigation confirms that harassment has occurred, the county will take corrective action, including such discipline up to and including termination of employment, as is appropriate.
(c) Whitfield County recognizes that false accusations of sexual harassment can have a serious effect on innocent men and women. Individuals falsely accusing another of sexual harassment will be disciplined in accordance with the nature and extent of his or her false accusation. The county encourages any employee to raise questions he or she may have regarding sexual harassment or this policy, with his or her immediate supervisor, a higher level department head, personnel department, or other county officials.
(d) All harassment is strictly forbidden by the county and shall not be condoned or sanctioned in any way. Whitfield County shall deal forcefully, quickly and thoroughly with any violator as circumstances dictate and in keeping with due process of law.
(Mo. of 7-12-94, § 5)
Secs. 12-56– 12-60. Reserved.
ARTICLE V. Sec. 12-61. Mandatory; exemptions.
Direct deposit provides a number of benefits such as reduced chance of lost paper checks, reduced potential for theft or forgery, and funds are deposited in employee's accounts on payday even if the employee is not at work. Electronic direct deposit of payroll is mandatory for all employees hired or rehired after July 1, 2004, unless specifically exempted under this policy. Eligible exemptions are:
(1) The first paycheck of an employee shall be by paper.
(2) An employee's last paycheck may be by paper to facilitate the checkout process and insure that county property is returned prior to departure. The preferred method will still be by direct deposit.
(3) A change in financial institutions or accounts will result in a paper check while the new account is being set up.
(4) Corrections or adjustments to a payroll check may be issued on a paper check, at the discretion of the payroll division.
(5) Employee is unable to obtain a bank account. (Complete and submit a direct deposit application for exemption form including an attached letter from a local bank.)
(Mo. of 6-14-04)
Sec. 12-62. Availability of funds.
Direct deposit payments are available in employees' designated accounts at the financial institution's opening of business the morning of payday, ready for check writing or withdrawal through an automated teller machine. Employees receive a direct deposit earnings statement on payday that details pay and deduction information and indicates the bank and account to which the net pay has been deposited.
(Mo. of 6-14-04)
Sec. 12-63. Distribution of paychecks.
Paper paychecks will be distributed to department heads, or their designated representative, after 8:00 a.m. EST on each Friday payday. Paper payroll checks will not be released prior to this time for any reason, no exceptions. Paper payroll checks have been lost, delivered to an incorrect address, delayed due to bad weather, and destroyed. If a paper payroll check is delayed for any reason, there will be a five-calendar day waiting period, after payday, before a reprint may be requested. There are no exceptions to the five-calendar-day waiting period for a reprint. To request a reprint, a written request must be submitted to the payroll division.
(Mo. of 6-14-04)
Sec. 12-64. Designation of financial institution.
Each new or rehired employee, at the time of employment, shall designate one financial institution and associated checking or savings account for the direct deposit of pay by completing an authorization agreement for direct deposit form, available in the human resources department. The designated financial institution must be an automated clearing house (ACH) network participant. Most banks, savings and loan companies and credit unions are participants. The authorization agreement for direct deposit form may also be used by current employees to notify the payroll division of a change of bank or account number.
(Mo. of 6-14-04)
Secs. 12-65– 12-70. Reserved.
ARTICLE VI. Sec. 12-71. Purpose.
Officials and employees of Whitfield County may be authorized to attend conferences, seminars, meetings or training sessions in accordance with the annual budget appropriation and the provisions and procedures herein set forth. The purpose of this document is:
(1) To provide uniformity and fairness to all travelers in the submitting and handling of expenditure requests for travel;
(2) To provide a level of comfort while traveling that allows business to be conducted in a professional manner;
(3) To establish responsibility for administration of regulations relating to allowances for travel.
(Mo. of 7-12-04; Mo. of 6-13-05; Mo. of 7-25-05)
Sec. 12-72. Application.
This policy shall apply to all officials and employees who claim reimbursement from Whitfield County funds.
CODE OF ETHICS*
SUBSTANCE ABUSE POLICY
HARASSMENT POLICY
DIRECT DEPOSIT POLICY
TRAVEL POLICY
| Requesting Party | Authorizing Party |
| Employee (other than Dept. Head) | Employee's Department Head |
| Department Head | County Administrator |
| Elected Official | Chairman of the Board of Commissioners or his/her designee |
(b) Expense reimbursement policies. The following reimbursement guidelines are intended to set forth maximum standards. Employees and officials of the county are expected to spend funds conservatively and to the best interest of county operations. Personal items are not authorized. (If the county does not pay for it while at work, it will not be reimbursed for while traveling.) The expense of family members is not authorized except in those instances where the employee's spouse is a registered participant in the conference, meeting, etc., or the attendance of the spouse is authorized, in advance, by the authorizing party. Expense reports must be prepared to reflect only actual expenses essential to the conduct of the county business.
(1) Subsistence.
a. Lodging. Reimbursement for lodging is authorized when the individual's travel requires overnight accommodations. Overnight accommodations must be authorized. Receipts are required for all lodging costs.
1. Lodging shall be in a standard hotel/motel consistent with other facilities available in the travel vicinity. Room rates should be obtained at "government rates" if possible.
2. Advance registration, prepaid by county check, shall be used unless documentation from the vendor expressly stating they accept no checks whatsoever.
3. Employees are responsible for obtaining a tax-exempt certificate from the finance department prior to travel. This certificate is to be presented to the hotel/motel at the time of check-in. Employees and officials shall not be reimbursed for taxes eligible for exemption by this certificate except for inmate transport or emergency situations.
4. Should a check not be available as outlined in 2., above, then accommodations shall be reimbursed at actual costs incurred at the single room rate unless the room is shared by two employees. When two employees share a room, one employee shall pay and request reimbursement for the full lodging charge. The second employee shall not be entitled to any reimbursement. Costs will be properly allocated through the travel expense report in the finance department.
b. Meals. Employees are entitled to a standard per diem rate for meals and incidentals in the amount of $40.00 (when travel requires overnight stay) not payable in advance but reimbursed with the documentation supporting the attendance of the conference or event for the dates claimed. Employees are entitled to a standard per diem rate for meals and incidentals in the amount of $20.00 (when overnight stay is not required) not payable in advance but reimbursed with the documentation supporting the attendance of the conference or event for the dates claimed. Incidentals include the following: Parking, tips and telephone calls.
c. Business meals. Management is required to meet with persons of other governments and professional associations in which the exchange of information will prove to be beneficial to the county. When, in the opinion of the administration, such an exchange has occurred, it may be deemed appropriate to pay for the cost of the meal as a guest of the county. Reimbursements for these meals are pursuant to the following stipulations:
1. The requesting party is a department head, the county administrator, or an elected official.
2. A receipt is provided.
3. It is submitted on a travel expense report.
d. Inmate transport. When travel is required for inmate transport, a county credit card may be signed out through the finance department to use for this purpose (if available). If a credit card is used, or if officers bear the cost up front, all meal tickets and lodging receipts are required and shall be submitted on a travel reimbursement form with proper approval. Expenditures not supported with proper documentation shall be the responsibility of the officer. The credit card, along with all supporting documentation shall be returned to the finance department immediately upon return.
(2) Travel. The mode of transportation that incurs the least cost to the county and otherwise conforms to the provisions of this policy, shall be authorized.
a. Air, rail, and bus fare. Air, rail, and bus fare forms of travel will be provided for destinations not within reasonable driving distance. Transportation shall be obtained at the most economical rate available. "Economy" or "tourist" level shall be the standard mode of travel where such services are available. Receipts are required for reimbursements of these transportation costs.
b. County vehicles. The use of a county vehicle is authorized for business purposes in accordance with the Whitfield County Vehicle Usage Policy. Operation of the county vehicle outside the State of Georgia requires the prior approval of the authorizing authority.
1. Ride-sharing will be requested when more than one employee attends the same conference, meeting, training, etc.
2. Gas cards assigned to county vehicles should be used for all gas purchases. No other purchase is allowed with the gas card. Drivers will be assigned a user ID number by the finance department for pooled vehicles. Receipts must be obtained and submitted for all county vehicle expenses excluding gas card purchases.
3. County vehicles are to be driven only by county employees and officials.
c. Personal vehicles. Use of personal vehicles is allowed for employees with authorized auto allowance or when no county vehicle is available.
1. The reimbursement rate for personal vehicle mileage is $0.375 per mile.
2. When more than one employee is attending a particular function, separate car allowances will not be approved unless separate arrival and departure times are dictated by other county business or the number of attendees is greater than four.
3. The authorizing party is responsible for assuring that the total number of miles requested is appropriate as compared to published standard mileage charts.
d. Rental cars. A rental car may be used when it is determined that no other mode of transportation is economical or practical (i.e. taxi, mass transit, etc.).
1. Rentals shall be limited to "mid-size" cars with standard accessories, unless special circumstances dictate a larger vehicle.
2. Rentals should be covered by appropriate insurance, as required by applicable state laws.
3. All county policies/procedures governing the use of vehicles shall apply to rental vehicles.
4. Receipts are required for the reimbursements of any rental cars costs, including gasoline.
(3) Registration. Registration, tuition, or conference fees, when representing the county on official business, are reimbursable when supported by a receipt. Advance registration, prepaid by county check, should be used as stated in (1)a.2., above.
(Mo. of 7-12-04; Mo. of 6-13-05; Mo. of 7-25-05)
Sec. 12-74. Procedures.
(a) Travel advances. Travel advances for subsistence, travel, registration and incidentals shall not be granted for authorized travel. The use of advance checks for registration and hotels as well as the provision of per diem reimbursement as stated herein alleviate the need for the use of travel advances.
(b) Reimbursements. Upon returning from any properly authorized trip, the employee shall present to their authorizing party a complete itemization of all trip expenses on a travel expense report. This final expense statement, with all required receipts, shall be submitted to the authorizing party within 30 days after returning from the authorized trip. The authorizing party shall review, sign, and promptly submit the itemization of expenses to the finance department.
(Mo. of 7-12-04; Mo. of 6-13-05; Mo. of 7-25-05)
Secs. 12-75– 12-80. Reserved.
ARTICLE VII. Sec. 12-81. Purpose.
The purpose of the county's educational assistance program is twofold:
(1) The development of a highly skilled, well educated, and professional county work force; and
(2) The retention and motivation of valuable personnel through opportunities for advancement within the organization.
The program provides financial assistance to employees for academic and technical coursework and/or degrees directly employment related for: (1) developing advanced knowledge, skills and abilities within a current field of work, and (2) meeting minimum educational qualifications for career advancement within the county organization; and it is supplemental to training received through annual departmental appropriations.
EDUCATIONAL ASSISTANCE PROGRAM
| Course grade of A | = 100% reimbursement |
| Course grade of B | = 90% reimbursement |
| Course grade of C | = 75% reimbursement |
| Pass/fail grade* | = 75% reimbursement |
| Below C or withdrawal | = 0% reimbursement |
| * For classes designated at the time of registration to be pass/fail only. | |
(Mo. of 8-9-04, § III)
Sec. 12-84. Application process.
To apply for educational assistance, the employee must:
(1) Complete an educational assistance application and agreement form, in advance of taking the course(s) requested for reimbursement.
(2) Secure signatures of his/her immediate supervisor and department head.
(3) Submit the signed application for review to the human resources director. Final approval will be made by the county administrator, based upon approved funding.
(4) Submit a statement from the institution stating whether or not the employee qualifies for additional education grants.
Deadlines for application are to be determined by the human resources director.
(Mo. of 8-9-04, § IV)
Sec. 12-85. Approval process.
The human resources director will determine eligibility of the request, based on the evaluation criteria listed below, and notify the employee and department head whether or not the request has been approved. Applications will be rated on the basis of a numerical evaluation system and assistance will be awarded to those with the highest point scores, up to the amount of funds available. Approval amounts of out of state requests will be limited to the in-state rate of an equivalent course at an in-state institution. Assistance is contingent upon availability of funds. In order to ensure adequate funding, all employees wishing to participate must request and receive approval prior to the beginning of the year.
(Mo. of 8-9-04, § V)
Sec. 12-86. Criteria for evaluation of applications.
(a) Longevity of services with the county:
2– 3 complete years: 1 point.
4– 5 complete years: 2 points.
6– 7 complete years: 3 points.
8– 9 complete years: 4 points.
10+ complete years: 5 points.
(b) Type of program proposed:
Certificate: 1 point.
Vocational Training and/or Certification: 2 points.
Associate Degree: 3 points.
Bachelor's Degree: 4 points.
Master's Degree: 5 points.
(c) If enrolled in current degree program, time in program:
1 year: 1 point.
2 years: 2 points.
3 years: 3 points.
4 years: 4 points.
5 years: 5 points.
(d) Current GPA:
Not enrolled: 1 point.
2.0: 2 points.
3.0: 3 points.
3.5: 4 points.
4.0: 5 points.
(e) Other assistance/scholarships currently received:
None: 5 points.
Partial: 3 points.
Full: 1 point.
(f) Will the degree qualify employee for a higher level position within county government?
Yes: 3 points.
No: 1 point.
(Mo. of 8-9-04, § VI)
Sec. 12-87. Reimbursement process.
To receive tuition reimbursement for a course successfully completed, the employee must submit documentation that he/she has:
(1) Attained a grade of A– C or higher in a graded course.
(2) Attained a grade of pass in a pass/fail course applied toward degree requirements.