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LORAIN COUNTY GENERAL HEALTH DISTRICT<br />

EMPLOYEE PERSONNEL POLICY<br />

ADOPTED, JULY, 1996<br />

(With later revisions and amendments)<br />

[Complete through September 30, 2004]<br />

Table of Contents<br />

Section 1: Introduction and Overview Page<br />

1.1. Mission Statement 3<br />

1.2 Policy Manual Purpose & Objectives 4<br />

1.3 L.C.G.H.D. Management Statement 6<br />

1.4 Availability of Reference 7<br />

1.5 Scope of Coverage 8<br />

1.6 Amendments 9<br />

1.7 Other Policies Repealed 10<br />

1.8 Definition of Terms 11<br />

Section 2:<br />

Compensation and Benefits<br />

2.1 Payroll 15<br />

2.2 Payroll - Time Sheets 16<br />

2.3 Compensation 17<br />

2.4 Hours of Work/Overtime Compensation 18<br />

2.5 Overtime-Executive, Administrative or Professional Staff 20<br />

2.6 Payroll Deductions 21<br />

2.7 Insurance Coverage 23<br />

2.8 Travel/Reimbursement of Travel Expenses 24<br />

2.9 Credit Union 26<br />

2.10 Longevity 27<br />

Section 3:<br />

Employment Status and Class Plan<br />

3.1 Appointment Status 28<br />

3.2 Affirmative Action/Equal Employment Opportunity 29<br />

3.3 Filling of Vacancies 31<br />

3.4 Employee Classification Plan 32<br />

3.5 Probationary Period 33<br />

3.6 Employment Health Screening Requirements 34<br />

3.7 Criminal Records Check 35<br />

1


Section 4: Leave of Absence Page<br />

4.1 Holidays 36<br />

4.2 Vacation Leave 37<br />

4.3 Sick Leave 39<br />

4.4 Disability Leave 41<br />

4.5 Military Leave 43<br />

4.6 Court Leave 44<br />

4.7 Calamity Leave 45<br />

4.8 Maternity Leave 46<br />

4.9 Family and Medical Leave 47<br />

4.10 Administrative Leave 50<br />

Section 5:<br />

Section 6:<br />

Section 7:<br />

Section 8:<br />

Discipline<br />

5.1 Discipline 51<br />

5.2 Pre-Disciplinary Conference 57<br />

5.3 Criminal Offenses 58<br />

5.4 Absence without Leave 59<br />

5.5 Appeals from Disciplinary Actions 60<br />

5.6 Grievance Policy & Procedure 61<br />

5.7 Sexual Harassment 63<br />

Non-Disciplinary Separations<br />

6.1 Resignations 64<br />

6.2 Lay-off 65<br />

6.3 Retirement & Sick Leave Conversion upon Retirement 67<br />

Miscellaneous<br />

7.1 Telephone Use 68<br />

7.2 Smoking 69<br />

7.3 Division Policies & Rules 70<br />

7.4 Drug Free Workplace Policy 71<br />

7.5 Safety & Risk Management Policy 72<br />

7.6 Emergency Preparedness / Evacuation 73<br />

7.7 Driver=s License 74<br />

7.8 Safety belts 75<br />

7.9 Medical or Psychological Examination 76<br />

7.10 Firearms Policy 77<br />

Reserved<br />

[This section is reserved for policies that must hereafter be adopted to comply with<br />

state or federal laws]<br />

2


1.1 Mission Statement<br />

In 1920, C.E.A. Winslow, an eminent professor, defined public <strong>health</strong> as follows:<br />

Public <strong>health</strong> is the science and art of preventing disease,<br />

prolonging life, and promoting <strong>health</strong> and efficiency through<br />

organized community effort for the sanitation of the<br />

environment, the control of communicable infections, the<br />

education of the individual in personal hygiene, the<br />

organization of medical and nursing services for the early<br />

diagnosis and preventative treatment of disease, and the<br />

development of the social machinery to insure everyone a<br />

standard of living adequate for the maintenance of <strong>health</strong>, so<br />

organizing these benefits as to enable every citizen to realize<br />

his birthright of <strong>health</strong> and longevity.<br />

The precepts of public <strong>health</strong> science have been accomplished to a great degree.<br />

Indeed, the life expectancy at birth of the U.S. population has increased substantially since<br />

1900, due, in large part, to active, concerned and committed public <strong>health</strong> agencies.<br />

However, public <strong>health</strong> professionals cannot rest on the laurels of past accomplishments.<br />

The rate of infant mortality, locally and throughout this nation, remains unacceptable. A<br />

multitude of deaths from accidents and chronic diseases, such as cancer and<br />

cardiovascular diseases, continue. Finally, with new strains of contagious viral and<br />

bacterial diseases spreading like wildfire throughout our nation and our world, now, more<br />

than ever, public <strong>health</strong> professionals are called upon to stem the tide by:<br />

1. Promoting <strong>health</strong> and safety and positive lifestyle changes to those<br />

individuals and groups at risk of disease or injury/both communicable and<br />

non-communicable, chronic and acute.<br />

2. Providing personal and preventative <strong>health</strong> services directed toward<br />

individuals and groups at risk of disease and/or disability.<br />

3. Providing and promoting environmental <strong>health</strong> and safety programs within<br />

Lorain County that protect residents from excess exposure to agents of<br />

disease.<br />

4. Advocating, promoting and/or providing the evaluation of the public <strong>health</strong><br />

needs within Lorain County toward the provision of accessible, effective, and<br />

efficient <strong>health</strong> service for all residents.<br />

3


1.2 Policy Manual Purpose and Objectives<br />

The Board of Health of the Lorain County General Health District recognizes that a<br />

<strong>personnel</strong> policy manual is one method to promote effective communication of the desires<br />

and expectations of the agency to the staff. It also permits the functioning of a capable and<br />

dependable staff in an effective manner by eliminating as many misunderstandings as<br />

possible.<br />

Policies are defined as the basic rules which guide administrative action for<br />

accomplishing an organization’s objectives. Comprehensive and clearly defined policies,<br />

consistently and fairly administered, are essential to the success of any organization.<br />

This manual contains policies set forth by the Board of Health of the Lorain County<br />

General Health District. All <strong>personnel</strong> charged with the responsibility of administering policy<br />

must be thoroughly knowledgeable of its contents. It is important that these policies be<br />

administered in a systematic, fair, and impartial manner.<br />

Undoubtedly, there will be situations which will require administrative interpretation<br />

of the policies set forth in this manual. Every effort must be made to ensure that such<br />

decisions are made objectively, with the <strong>general</strong> intent of the policy in mind. As changes<br />

occur to this manual, i.e., additions, deletions, revisions, it is important that all copies of the<br />

manual be kept up to date. Therefore, all such changes must be dated, issued to all<br />

manual holders and communicated to all affected <strong>employee</strong>s.<br />

This policy manual is a guide to be utilized by management to ensure uniformity and<br />

non-discriminatory application of the conditions of employment. In the event there is a<br />

conflict between the matters expressed in this manual and any applicable laws, the<br />

applicable law will prevail. If any article or section of this manual or any amendments<br />

hereto shall be held invalid by operation of law or by a tribunal of competent jurisdiction, or<br />

if compliance with or enforcement of any articles or section of this manual shall be<br />

restrained by such tribunal, the remainder of this manual and any amendments hereto shall<br />

not be affected and shall remain in full force and effect.<br />

The policies and procedures established in this manual are designed to:<br />

1. Conduct all operations in an ethical and legal manner so as to continue the<br />

4


eputation of the Lorain County General Health District as an efficient, caring,<br />

progressive agency in the community and the state;<br />

2. Provide courteous and dependable service to the public;<br />

3. Foster a positive approach to public <strong>health</strong>;<br />

4. Promote high morale among <strong>employee</strong>s by fostering good working<br />

relationships and by providing uniform <strong>personnel</strong> policies and practices,<br />

opportunities for advancement, and consideration of <strong>employee</strong> needs and<br />

desires;<br />

5. Provide fair and equal opportunity for qualified persons to enter and progress<br />

through County service, in a manner based on merit and fitness as<br />

determined through fair and practical <strong>personnel</strong> management methods;<br />

6. Maintain recruitment and promotion practices which will enhance the<br />

attractiveness of a career in Public Health and encourage all <strong>employee</strong>s to<br />

give their best effort to benefit themselves, the agency and the citizens of the<br />

Lorain County General Health District.<br />

5


1.3 Lorain County General Health District Management Statement<br />

Management in the Lorain County General Health District recognizes the rights of<br />

<strong>employee</strong>s to organize, join, or refrain from joining an <strong>employee</strong> organization in compliance<br />

with the procedures established by law. Management maintains the ultimate right to<br />

establish policies governing the work force of this agency and the right and the authority to<br />

administer the business of the agency, to promulgate rules and regulations and to exercise<br />

the prerogative of management, including but not limited to the following:<br />

1. To manage and direct <strong>employee</strong>s, including the right to select, hire, promote,<br />

transfer, assign, evaluate, layoff, recall, reprimand, suspend, discharge, or<br />

discipline for cause, and to maintain discipline among <strong>employee</strong>s;<br />

2. To manage and determine the location, type and number of physical facilities,<br />

equipment, programs and the work to be performed;<br />

3. To determine each department=s goals, objectives, programs and services,<br />

and to utilize <strong>personnel</strong> in a manner designed to effectively and efficiently<br />

meet these purposes;<br />

4. To determine the size and composition of the work force and each<br />

department=s organizational structure, including the right to layoff <strong>employee</strong>s<br />

from duty due to lack of work or lack of funds;<br />

5. To determine the hours of work, work schedules and to establish the<br />

necessary work rules for all <strong>employee</strong>s;<br />

6. To determine when a job vacancy exists, the duties to be included in all job<br />

classifications, and the standards of quality and performance to be<br />

maintained.<br />

7. To determine the necessity to schedule overtime and the amount required<br />

thereof;<br />

8. To determine each department=s budget and uses thereof;<br />

9. To maintain the security of records and other pertinent information.<br />

(Revised 4-8-98)<br />

6


1.4 Availability of Reference<br />

Each <strong>employee</strong> shall be advised that this <strong>personnel</strong> policy is available on the agency<br />

website. Newly hired <strong>employee</strong>s shall acknowledge, in writing, of being so advised.<br />

Each <strong>employee</strong> is expected to be knowledgeable of the contents of the policy<br />

manual and to regularly review the agency website for changes.<br />

(Revised 9-08-04)<br />

7


1.5 Scope of Coverage<br />

The policies contained in this manual apply to all classified <strong>employee</strong>s and<br />

unclassified <strong>employee</strong>s, except in those instances when the Ohio Revised Code or the<br />

Ohio Administrative Code specifically permit dissimilar treatment for unclassified<br />

<strong>employee</strong>s, including but not limited to layoff, appeals, progressive discipline, etc.<br />

8


1.6 Amendments<br />

The Board of Health of the Lorain County General Health District reserves the right<br />

to amend or revise the policies within this manual should the circumstances or laws<br />

governing these areas change and the Board determines that such changes are<br />

appropriate for the operation and management of the agency.<br />

9


1.7 Other Policies Repealed<br />

These policies supersede and replace all previous <strong>personnel</strong> policies of the Lorain<br />

County General Health District. All such policies are repealed and shall be of no further<br />

force and effect.<br />

This repeal shall not apply to division policies and procedures.<br />

10


Section 1.8 Definitions of Terms<br />

Unless otherwise indicated in these policies, the following definitions apply:<br />

Absenteeism - The practice of a worker in failing to report for work for a period of one (1)<br />

or more days, or failure to report within the prescribed time when he/she has been<br />

scheduled for work. Misuse or abuse of sick leave regulations can be considered<br />

absenteeism.<br />

Absence Without Leave - Failure to report for work without proper authorization from the<br />

supervisor or division director to be absent from work.<br />

Agency - The Lorain County General Health District; also the Board of Health of the Lorain<br />

County General Health District, but more commonly known as the Lorain County Health<br />

Department.<br />

Board of Health - The policy-making, governing body of the Lorain County General Health<br />

District that is appointed by the political subdivisions composed of the contracting cities and<br />

the District Advisory Council. The Board may make such orders and regulations as are<br />

necessary for its own government, for the public <strong>health</strong>, the prevention or restriction of<br />

disease, and the prevention, abatement, or suppression of nuisances. It is also responsible<br />

for appointing the Health Commissioner and staff upon the recommendation of the Health<br />

Commissioner.<br />

Classification -A group of positions that involve similar duties and responsibilities, require<br />

similar qualifications, and which are properly designated by a common descriptive title<br />

indicating the <strong>general</strong> nature of the work. A class may include only one (1) position in some<br />

circumstances.<br />

Division - An organizational unit within the agency of the Lorain County General Health<br />

District, for example, PATIENT CARE, ENVIRONMENTAL HEALTH, HEALTH<br />

EDUCATION, and ADMINISTRATIVE SUPPORT.<br />

Dishonesty - Disposition to lie, cheat, or defraud; untrustworthiness; lack of integrity.<br />

District Health Advisory Council - The appointing authority of the members of the Board<br />

of Health that represent the townships and villages. The members are the chief executives<br />

of villages, chairpersons from the boards of township trustees, and the president of the<br />

board of <strong>county</strong> commissioners.<br />

11


Employee - Any person holding a classified or an unclassified position subject to<br />

appointment, removal, promotion or reduction by the Board of Health.<br />

Employee, Full-time - An <strong>employee</strong> who regularly works at least thirty-five (35) hours per<br />

week.<br />

Employee, Part-Time - An <strong>employee</strong> who regularly works less than thirty-five (35) hours<br />

per week.<br />

Health Commissioner - Chief Executive Officer of the Health District and Secretary to the<br />

Board of Health. The position is in the unclassified service. The Health Commissioner<br />

serves under a contract and is directly responsible to the Board of Health.<br />

Health Department - The operational and functional arm of the Board of Health.<br />

Health District - A separate political subdivision of the State of Ohio under ORC Chapter<br />

3709.<br />

Incompetency - Lack of ability, legal qualifications, or fitness to perform tasks required of<br />

an <strong>employee</strong>.<br />

Inefficiency - Quality of being incapable or indisposed to perform tasks required of an<br />

<strong>employee</strong>.<br />

Instruction and Cautioning - A discussion a supervisor holds with an <strong>employee</strong> whereby<br />

the supervisor explains to the <strong>employee</strong> the nature of his or her misconduct and impresses<br />

upon him or her the need for improvement. This method can eliminate misunderstandings<br />

immediately and set and maintain desired standards of conduct and performance.<br />

Insubordination - State of being unwilling to perform tasks required of an <strong>employee</strong>;<br />

refusal to obey an order issued by the <strong>employee</strong>=s administrative superior (supervisor or<br />

above).<br />

Malfeasance - The commission of some act which is positively unlawful; the doing of an act<br />

which is wholly wrongful and unlawful.<br />

Misfeasance - The improper performance of some act which a person may lawfully do.<br />

12


Nonfeasance - Non-performance of some act which ought to be performed, omission to<br />

perform a required duty at all, or total neglect of duty. Nonfeasance@ means the total<br />

omission of an act which a person ought to do.<br />

Position - Any specific employment or job calling for the performance and exercise of<br />

certain duties, or for the exercise and assumption of certain responsibilities, by an<br />

individual. All of the slots in the organizational chart constitute the positions within the<br />

department. The arrangements of these positions under different supervisors, sections, or<br />

crews constitute job assignments. Positions can be rearranged or reassigned, but the<br />

<strong>employee</strong>=s classification remains the same unless reclassified.<br />

Program - Any function, service, or group of services the agency delivers to the community<br />

that may or may not have similar attributes and funding sources as other services of the<br />

agency. These services may be required services by law or rule or may be services<br />

discretionary with the Board of Health.<br />

Sexual Harassment - Behavior of any <strong>employee</strong> consisting of unwelcome sexual<br />

advances, requests for sexual favors, and other verbal or physical conduct of a sexual<br />

nature when 1) submission to that conduct is made either explicitly or implicitly a term or<br />

condition of employment; and 2) submission or rejection of such conduct by an individual is<br />

used as a basis for employment decisions; and 3) such conduct is done with the purpose of<br />

substantially interfering with an individual=s work performance by creating an intimidating or<br />

hostile work environment for that individual.<br />

(Approved 10-14-98)<br />

Sick Leave Abuse - The use of sick leave for any purpose other than as provided by<br />

applicable law. Calling in sick when the <strong>employee</strong> is able to work. Reporting illness in the<br />

immediate family when such illness does not exist or it is not necessary for the <strong>employee</strong> to<br />

stay with the ill family member. Reporting off sick to participate in some other activity or to<br />

take care of personal business. Setting a pattern of reporting off sick; such as always<br />

being near a zero balance of sick leave accumulation; or taking off certain days of the<br />

week, such as on days preceding or following regular days off, over an extended period of<br />

time. Failure to follow the rules and regulations regarding use of sick leave and reporting<br />

procedures.<br />

(Revised 9-08-04)<br />

Supervisor - An individual who has been authorized by the Board of Health or Health<br />

Commissioner to oversee and direct the work of lower level <strong>employee</strong>s on a daily and<br />

continuing basis. Functions of a supervisor include, but are not limited to, recommending<br />

hire, transfer, discipline, promotion, etc.; evaluating performance; and assigning duties and<br />

schedules.<br />

13


Suspension - Relieving an <strong>employee</strong> from duty without pay for a period of time as a<br />

disciplinary measure aimed at improving the <strong>employee</strong>=s conduct.<br />

Transfer - The movement of an <strong>employee</strong> from one position to another where there is no<br />

change in level or responsibility, classification, or salary.<br />

Written Reprimand - A written record of disciplinary action, usually issued after instruction<br />

and cautioning has failed to improve an <strong>employee</strong>=s conduct. This record is placed in the<br />

<strong>employee</strong>=s <strong>personnel</strong> file and remains part of the <strong>employee</strong>=s record for eighteen (18)<br />

months. A written reprimand is expunged from an <strong>employee</strong>=s record if there are no other<br />

disciplinary actions taken regarding that <strong>employee</strong> during such eighteen (18) month period.<br />

14


2.1 Payroll<br />

It is the policy of the Board of Health to accurately compensate its <strong>employee</strong>s for<br />

time worked. The duties and responsibilities of Payroll shall be accomplished by the<br />

Payroll Clerk of the Lorain County General Health District and the Payroll Department of the<br />

Lorain County Auditor=s office.<br />

Pay dates are those dates in the schedule established by the Lorain County<br />

Auditor=s office. Currently, pay day is every other Friday beginning with the first scheduled<br />

pay day in January of each year. A pay period shall commence at 12:01 A.M. on the<br />

Sunday following a pay date and shall conclude on the second following Saturday at 12:00<br />

midnight. The schedule of pay days and pay periods is available in the office of the Payroll<br />

Clerk.<br />

Payroll checks are normally available at the offices of the agency after 3:00 P.M. on<br />

the Thursday before a pay date. Pay checks will be distributed by the Health<br />

Commissioner or other designated officials to each <strong>employee</strong>. A pay check will not be<br />

released other than to an <strong>employee</strong>. An <strong>employee</strong> may, however, authorize another<br />

person to receive his or her payroll check.<br />

Payroll checks not distributed to <strong>employee</strong>s on a given pay date will be held on<br />

designated agency premises until 4:30 P.M. A payroll check not distributed by 4:30 P.M.<br />

will be held in the office of the Director of Administrative Services until other arrangements<br />

are made by the <strong>employee</strong> to pick up the check. A payroll check will be mailed to an<br />

<strong>employee</strong> only if such <strong>employee</strong> so directs the Director of Administrative Services by a<br />

written notice or telephone call.<br />

(Revised 9-08-04)<br />

15


2.2 Payroll - Time Sheets<br />

In order to receive compensation for work performed for the Lorain County General<br />

Health District, all part-time <strong>employee</strong>s and designated contract <strong>employee</strong>s shall report<br />

hours worked or activities performed on time sheets or other forms prescribed by the<br />

Payroll Clerk. Such time sheets or forms shall be signed, dated, and delivered to the<br />

Payroll Clerk by no later than 9:00 A.M. on the Monday following a pay date. If a holiday<br />

occurs on any such Monday, then such time sheet or form shall be delivered to the Payroll<br />

Clerk by no later than 9:00 A.M. on the following Tuesday. Failure to deliver the prescribed<br />

time sheet or form to the Payroll Clerk may result in a delay in the issuance of a payroll<br />

check to an <strong>employee</strong>. Time sheets may be required for full-time <strong>employee</strong>s as well.<br />

16


2.3 Compensation<br />

The Board of Health, in a sincere effort to pay <strong>employee</strong>s fairly, has established a<br />

compensation plan with salary and wage ranges which provide for differentials of varying<br />

responsibilities.<br />

A newly hired <strong>employee</strong> shall be assigned to Step A of his or her classification pay<br />

grade. In those cases where the newly hired <strong>employee</strong> possesses outstanding<br />

qualifications and experience or a special skill, the Health Commissioner may choose to<br />

assign the <strong>employee</strong> to any step higher than Step A. At no time shall a new or current<br />

<strong>employee</strong> be assigned to a pay grade other than the grade designated for such <strong>employee</strong>=s<br />

classification.<br />

The compensation plan is subject to revision by the Board of Health at any time. A<br />

copy of the agency=s current salary schedule is available for inspection during normal<br />

working hours and is kept in the office of the Director of Administrative Services.<br />

(Revised 9-08-04)<br />

17


2.4 Hours of Work/Overtime Compensation<br />

Employees shall be entitled to overtime compensation in accordance with the U.S.<br />

Department of Labor regulations, the Fair Labor Standards Act, Ohio Revised Code Section<br />

4111.03, and the policies herein set forth.<br />

The standard work week, for the purpose of this policy, shall be (40) forty hours.<br />

The standard work week shall commence at 12:01 A.M. on Sunday of each calendar week<br />

and end at 12:00 midnight on the following Saturday.<br />

For most <strong>employee</strong>s, the normal work day shall commence at 8:00 A.M. and end at<br />

4:30 P.M., with an hour for lunch, one-half hour of which is paid time, for a total of eight (8)<br />

hours of paid work time a day. The normal work week shall be from Monday through<br />

Friday, for a total of 40 hours of paid work time per week. Supervisors shall have the right<br />

and ability to establish different hours of work than described above as the need arises.<br />

An <strong>employee</strong>, who is not exempt from overtime as an executive, administrative, or<br />

professional <strong>employee</strong>, shall be entitled to earn overtime time or compensatory time off at<br />

the rate of one and one-half (1 2) times his or her regular rate of pay for all hours actually<br />

worked in excess of the standard forty (40) hour work week described above. Hours<br />

actually worked@ include holiday leave, but do not include vacation leave, sick leave,<br />

personal leave, or disability leave.<br />

When an <strong>employee</strong> who is eligible for overtime compensation is required to work on<br />

a holiday, he or she shall receive additional compensation at the rate of one and one-half (1<br />

2) times his or her normal rate of pay for all hours worked on that holiday. Alternatively,<br />

the <strong>employee</strong> may elect to take compensatory time off at the same rate for hours worked<br />

on that holiday.<br />

Assignment of overtime is discretionary on behalf of the agency; therefore, prior<br />

approval is required from the immediate supervisor. All <strong>employee</strong>s must adhere to the<br />

following procedures in securing compensation for overtime worked:<br />

1. All requests for overtime compensation must be properly documented and<br />

submitted on the form prescribed by the agency to the <strong>employee</strong>=s division<br />

director. No credit shall be received unless the form is properly completed<br />

18


and submitted and the use of overtime is approved.<br />

2. The <strong>employee</strong> may choose whether to be paid for overtime or to receive<br />

compensatory time off. The use of compensatory time off shall be scheduled<br />

at a time mutually agreed upon by the supervisor and the <strong>employee</strong> to permit<br />

the proper functioning of the unit. In the event that it is not possible to permit<br />

the use of compensatory time off, unused portions shall be converted to<br />

overtime pay and paid at the appropriate hourly rate.<br />

3. Compensatory time may not be used during a standard work week in order to<br />

earn overtime, holiday pay or additional compensatory time.<br />

4. Only in special circumstances and only if approved in writing by the Health<br />

Commissioner may overtime or compensatory time off earned in a given year<br />

be carried over by an <strong>employee</strong> from year to year. Absent approval from the<br />

Health Commissioner, unused compensatory time off earned in any given<br />

calendar year must be converted to cash at the end of that calendar year.<br />

5. In no event shall an <strong>employee</strong> be permitted to accumulate, for later use or<br />

payment, more than 240 hours of overtime.<br />

19


2.5 Overtime-Executive, Administrative or Professional Staff<br />

An executive, administrative or professional <strong>employee</strong> is not entitled, by law, to<br />

overtime pay or compensatory time off for hours worked in excess of forty (40) hours in a<br />

standard work week. For purposes of this policy, the positions in the Health District that<br />

are considered as executive, administrative or professional or otherwise not entitled to<br />

receive overtime compensation include the Health Commissioner, the Director of<br />

Environmental Health, the Director of Health Education, the Director of Administrative<br />

Services, the Assistant Prosecuting Attorney (Legal Counsel), the Medical Director, and the<br />

Director of Nursing (Public Health Nurse 5).<br />

(Revised 4-08-98; revised 9-08-04)<br />

20


2.6 - Payroll Deductions<br />

Certain deductions are made from <strong>employee</strong>s= paychecks as required by law, in<br />

accordance with <strong>employee</strong> benefit plans, or as requested by <strong>employee</strong>s. These deductions<br />

shall be itemized on the <strong>employee</strong>=s pay statement which accompanies his or her bi-weekly<br />

paycheck. Deductions include:<br />

PERS: The Board of Health is required to deduct a percentage of each <strong>employee</strong>=s<br />

gross earnings for the Public Employees Retirement System. Membership in the system is<br />

compulsory upon being employed, except for those <strong>employee</strong>s specifically exempted under<br />

Ohio Revised Code Section 145.03.<br />

Income Taxes: The federal and state governments require that taxes shall be<br />

withheld from each salary payment. The amount of tax withheld is determined from tables<br />

furnished by the U.S. Treasury Department and the Ohio Department of Taxation, and<br />

varies according to the amount of salary and number of dependency exemptions.<br />

Employees are required to complete tax withholding certificates upon initial employment<br />

and to inform the Payroll Clerk of any dependency changes.<br />

Health Insurance Premiums: These are deductions established by the Lorain<br />

County Commissioners as the <strong>employee</strong>=s share of the cost of premiums for group <strong>health</strong><br />

and medical insurance.<br />

Miscellaneous: These are requested by the <strong>employee</strong> in writing or mandated by a<br />

court of competent jurisdiction. Examples include garnishments, deferred compensation,<br />

premiums for optional <strong>health</strong> and medical insurance coverage, bonds, child support, union<br />

dues, etc. The Board of Health may refuse to make deductions which are not required by<br />

law, which are below certain prescribed minimum amounts, which are at irregular intervals,<br />

or which are, for other cause, not in the best interest of the Board of Health to make.<br />

21


Deferred Compensation Program: An <strong>employee</strong> may request payroll deductions for<br />

deferred compensation. The Ohio Public Employees Deferred Compensation Plan is a tax<br />

sheltered savings plan which is offered to all <strong>employee</strong>s. A descriptive brochure and<br />

additional information may be obtained from the Director of Administrative Services.<br />

(Revised 9-08-04)<br />

22


2.7 Insurance Coverage<br />

Health and Medical Coverage: The Board of Health provides <strong>health</strong> care insurance<br />

on a single or family basis for full time <strong>employee</strong>s. Currently, there is no charge to a fulltime<br />

<strong>employee</strong> for Comprehensive/Major Medical Coverage only. Alternate <strong>health</strong> care<br />

insurance plans which include dental, prescription drug, and vision care coverage are<br />

available for selection by <strong>employee</strong>s. To acquire such coverage, <strong>employee</strong>s are required to<br />

pay a portion of the premium through payroll deductions.<br />

Health care coverage is available to a part-time <strong>employee</strong> of the Board of Health,<br />

provided he or she regularly works at least twenty (20) hours per week and provided<br />

further, he or she pays, through payroll deductions, the full <strong>employee</strong>=s share of the<br />

premium coverage, if any, and a pro-rated share of the agency=s costs.<br />

Life Insurance: Group life insurance is provided, without charge, to each <strong>employee</strong><br />

during his or her time of employment with the Board of Health.<br />

Worker=s Compensation: Employees of the Board of Health are covered under<br />

Ohio Bureau of Worker=s Compensation for injuries sustained on the job. Claim forms are<br />

kept in the office of the Director of Administrative Services.<br />

(Revised 9-08-04)<br />

23


2.8 Travel/Reimbursement of Travel Expenses<br />

An <strong>employee</strong> is entitled to reimbursement for reasonable expenses incurred while<br />

traveling in the performance of his or her duties for the agency.<br />

Any <strong>employee</strong>, who is required as a part of his or her duties to drive a motor vehicle,<br />

shall:<br />

1. Possess a valid Ohio Driver=s license;<br />

2. Be covered by personal liability and property damage insurance;<br />

3. Maintain and operate the vehicle in a safe manner;<br />

4. Abide by the traffic laws of the State of Ohio and of municipalities, including<br />

the wearing of seat belts.<br />

5. Attempt to conserve travel by planning work so that the minimum amount of<br />

mileage is accumulated.<br />

Any <strong>employee</strong> using his or her own vehicle will be reimbursed for necessary travel at<br />

a per mile rate established and re-established from time to time by resolution of the Board<br />

of Health. Reimbursement is conditioned upon the following:<br />

1. The travel must be justifiable and documented through the prescribed agency<br />

form.<br />

2. Staff does not get paid for traveling to or from work. However, when the<br />

distance an <strong>employee</strong> travels, either from home to the first place of work, or<br />

from the last place of work to home, exceeds the distance from the<br />

<strong>employee</strong>=s home to the office, the <strong>employee</strong> may claim the difference.<br />

3. With prior approval of <strong>employee</strong>=s division director, travel to and from off-duty<br />

job related activities within the <strong>county</strong> may be authorized for professional<br />

meetings, board meetings of <strong>health</strong> organizations, or community activities<br />

where the <strong>employee</strong> is assigned to represent the agency. Mileage for such<br />

travel is calculated to or from the <strong>employee</strong>=s home.<br />

Additional travel costs which may be reimbursed, with prior approval of <strong>employee</strong>=s<br />

division director and the Health Commissioner are registration fees, meals, lodging,<br />

overnight parking or storage of vehicles, and toll road fees.<br />

24


An <strong>employee</strong> may be reimbursed for telephone calls to home, if reasonable in<br />

number and length, while away on agency business with an overnight stay, provided<br />

sufficient documentation of the same is presented. An <strong>employee</strong> may be reimbursed for<br />

tips paid for service while away overnight on agency business in an amount not to exceed<br />

20% of the total bill from the vendor. Any request for reimbursement for these tips must be<br />

itemized and sufficiently supported and documented with receipts from the vendor.<br />

This policy in regards to reimbursement for travel expenses also applies to members<br />

of the board of <strong>health</strong>.<br />

All out-of-<strong>county</strong> travel within the State of Ohio must have prior approval of the<br />

division director and the Health Commissioner. All out-of-state travel must have prior<br />

approval of the division director, the Health Commissioner, and the Board of Health.<br />

(Revised and Amended 9-08-04)<br />

25


2.9 Credit Union<br />

Employees of the Lorain County General Health District are eligible for membership<br />

in the Lorain County Employees Credit Union. Additional information regarding the credit<br />

union is available in the office of the Director of Administrative Services.<br />

26


2.10 Longevity<br />

An <strong>employee</strong>, including a part-time <strong>employee</strong> who works twenty (20) or more hours<br />

a week, shall receive an annual longevity payment amounting to 5% of his or her annual<br />

salary in the pay period following his or her 10th, 11th, 12th, 13th, and 14th anniversary of<br />

the commencement of employment with the Health District. An <strong>employee</strong>, including a parttime<br />

<strong>employee</strong> who works twenty or more hours a week, shall receive a longevity payment<br />

equal to 7.5% of his or her annual salary after fifteen (15) years of employment with the<br />

Health District. Such payment shall occur annually in the pay period following his or her<br />

15th, 16th, 17th, 18th, or 19th anniversary of the commencement of employment with the<br />

Health District. An <strong>employee</strong>, including a part-time <strong>employee</strong> who works twenty or more<br />

hours a week, shall receive a longevity payment equal to 10% of his or her annual salary<br />

after twenty (20) years of employment with the Health District. Such payment shall occur in<br />

the pay period following his or her 20th anniversary of the commencement of employment<br />

with the Health District and in such pay period annually thereafter.<br />

27


3.1 Appointment Status<br />

An <strong>employee</strong> of the Board of Health is presumed to be a classified civil servant<br />

unless his or her position is exempted by law from the classified service. After completion<br />

of the probationary period (in most instances one hundred twenty (120) days), classified<br />

<strong>employee</strong>s may only be disciplined for cause and by following the procedures set forth in<br />

Ohio Revised Code Chapter 124, or such Chapter of law as it may be amended. Classified<br />

<strong>employee</strong>s may not actively participate in partisan politics.<br />

Some <strong>employee</strong>s of the Board of Health serve in the unclassified civil service or<br />

occupy positions which have been exempted from the classified service. Such <strong>employee</strong>s<br />

serve at the pleasure of the Board of Health. Unclassified <strong>employee</strong>s are not prohibited<br />

from engaging in partisan political activity.<br />

(Revised 9-08-04)<br />

28


3.2 Affirmative Action/Equal Employment Opportunity<br />

It is the policy of this agency, consistent with Title VI of the Civil Rights Act of 1964,<br />

Title VII of the Civil Rights Act of 1964 (as amended), the Equal Employment Opportunity<br />

Act of 1972, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967,<br />

the Rehabilitation Act of 1973, as amended, the American with Disabilities Act of 1992, the<br />

Civil Rights Act of 1991, and Ohio Revised Code Chapter 4112, to provide equal<br />

employment opportunity to all people regardless of race, color, age, religion, sex, or<br />

national origin, handicap, age, or ancestry. All <strong>employee</strong>s and/or applicants for<br />

employment will be hired, promoted, transferred, demoted, laid off, terminated, suspended,<br />

or evaluated, in a fair and equitable manner based solely upon merit, fitness, and such<br />

bona fide occupational qualifications as may be required for a particular position. No<br />

<strong>personnel</strong> decision shall be based upon race, color, religion, sex, national origin, handicap,<br />

age, or ancestry.<br />

The Lorain County General Health District has an Affirmative Action Plan<br />

administered by a designated Equal Employment Opportunity Officer which provides a<br />

<strong>general</strong> framework of Affirmative Action activities in the agency. The overall goals of this<br />

Plan are designed to help eliminate the effects of any demonstrated past inadvertent<br />

discriminatory practices; to avoid any adverse impact and effects of present employment<br />

practice procedures on protected group members; and to serve the needs of the Health<br />

District by having a work environment free of discriminatory practices and barriers to equal<br />

employment opportunities.<br />

Complaints of discrimination for any of the above reasons may be filed with the<br />

Health Commissioner, the Ohio Department of Health in Columbus, or the Ohio Civil Rights<br />

Commission. Current addresses for the Ohio Department of Health, the Ohio Civil Rights<br />

Commission, or other federal or state agencies charged with the responsibility of enforcing<br />

statutes or regulations for the protection of civil rights and equal employment opportunities<br />

may be obtained from the office of the Health Commissioner.<br />

In addition to the complaint procedures provided by law, <strong>employee</strong>s may initiate and<br />

29


follow the grievance procedures described in Section 5.6 of this policy manual.<br />

Any <strong>employee</strong> of the Lorain County General Health District found guilty of any<br />

discriminatory act toward any individual is subject to immediate disciplinary action, up to<br />

and including termination.<br />

(Revised October 14, 1998; Revised 9-08-04)<br />

30


3.3 Filling of Vacancies<br />

Efforts will be made by the Board of Health, as far as practicable, to select among<br />

current qualified <strong>employee</strong>s for promotion to vacant positions. The Board of Health will<br />

post internally for five (5) calendar days, vacancies, above the entry level, which occur or<br />

which are imminent within the agency, except in those cases where an <strong>employee</strong> is eligible<br />

for reinstatement from layoff to the vacant position. During the five (5) day posting period,<br />

any <strong>employee</strong> wishing to apply for the vacant position shall submit a written application to<br />

the Health Commissioner, or his designee. The Board of Health shall not be obligated to<br />

consider any applications submitted after the close of the posting period.<br />

If no current <strong>employee</strong> is determined to be qualified for a vacant position, or if a<br />

vacancy exists which is an entry level position, the job shall be filled through selection of<br />

qualified outside job applicants. The Board of Health shall publicly announce any such<br />

vacancies to be filled.<br />

31


3.4 Employee Classification Plan<br />

The Board of Health maintains a classification plan for its <strong>employee</strong>s based upon an<br />

analysis of the duties and responsibilities of positions in the agency. A class specification<br />

includes a class title, the nature of the work, examples of duties, and minimum<br />

qualifications.<br />

A copy of the classification plan is filed in the office of the Director of Administrative<br />

Services.<br />

(Revised 9-08-04)<br />

32


3.5 Probationary Period<br />

A probationary period is established so that the Board of Health can adequately<br />

determine an <strong>employee</strong>=s suitability for the position to which he or she has been appointed,<br />

transferred or promoted.<br />

Every person entering into employment with the Board of Health under these policy<br />

provisions shall be required to successfully complete a probationary period of at least one<br />

hundred twenty (120) calendar days. If, following an original appointment, an <strong>employee</strong>=s<br />

performance is found unsatisfactory; he or she may be summarily removed from<br />

employment with the Board of Health after completion of sixty (60) calendar days (one-half<br />

of the probationary period). An <strong>employee</strong> shall have no right to appeal any such second<br />

half probationary removal. Similarly, every <strong>employee</strong> who accepts a promotion or transfer<br />

to another position of employment within the agency shall be required to successfully<br />

complete a probationary period of at least one hundred twenty (120) calendar days in such<br />

new position. If, following such promotion or transfer, an <strong>employee</strong>=s performance is found<br />

unsatisfactory, he or she may be summarily returned anytime within the probationary period<br />

to his or her immediately prior position at the agency at the current rate of pay established<br />

for that <strong>employee</strong> in that prior position. An <strong>employee</strong> shall have no right to appeal any<br />

reduction or reassignment to a prior position within such probationary period.<br />

Supervisors shall use the probationary period to closely observe and evaluate the<br />

work and fitness of new <strong>employee</strong>s or of newly promoted or transferred <strong>employee</strong>s. A<br />

performance evaluation shall be conducted by the Supervisor on or near the date a new<br />

<strong>employee</strong> completes his or her first sixty (60) days of employment with the Board of Health<br />

or on or near the date a newly promoted or transferred <strong>employee</strong> completes his or her first<br />

sixty (60) days in the new position. A written report of such evaluation shall be provided to<br />

the <strong>employee</strong>.<br />

33


3.6 Employment Health Screening Requirements<br />

The Lorain County General Health District strives to be a role model for good<br />

disease prevention practices. Accordingly, the following requirements apply:<br />

1. At the time of hire, an <strong>employee</strong> shall complete the form entitled Employee<br />

Health Examination.@ In addition, the <strong>employee</strong> shall submit to a physical<br />

examination to be performed by a physician designated by the agency. In<br />

lieu of such examination, an <strong>employee</strong> may submit a written report of an<br />

examination by his or her own physician conducted near the date of hire or<br />

not more than two months prior to the date of hire, which confirms that the<br />

<strong>employee</strong> is in good <strong>health</strong>.<br />

2. Each newly hired <strong>employee</strong> shall submit to a tuberculin skin test, unless he or<br />

she can produce the results of such test administered within 6 weeks prior to<br />

the date of hire. A two step Mantoux TB skin test is required of all Patient<br />

Care Division and WIC Program staff that is in direct contact with clients.<br />

3. Each <strong>employee</strong> shall have current immunizations according to Ohio<br />

Department of Health standards. An <strong>employee</strong> in need of immunizations can<br />

acquire them, free of charge, from the agency. Currently, required<br />

immunizations are tetanus and diphtheria, unless the <strong>employee</strong> can provide<br />

evidence of a booster within the past ten (10) years; rubella, unless the<br />

<strong>employee</strong> has evidence of immunization or a positive rubella titer; measles<br />

and mumps, unless the <strong>employee</strong>=s birth date is prior to 1957 or he or she<br />

has evidence of immunization after his or her first birthday. Any <strong>employee</strong><br />

who will be in frequent contact with blood or blood products, such as a nurse<br />

or clinic <strong>health</strong> aide, must be immunized against Hepatitis B, unless the<br />

<strong>employee</strong> has evidence of such immunization. Any <strong>employee</strong> who has<br />

frequent and direct contact with the elderly and medically high-risk individuals<br />

shall be immunized against influenza yearly.<br />

34


3.7 Criminal Records Check<br />

A criminal records check shall be performed for all prospective <strong>employee</strong>s. Finalists<br />

for open positions shall be fingerprinted and shall complete the prescribed forms. Criminal<br />

record checks shall be performed by the Ohio Bureau of Criminal Identification (BCI). If the<br />

prospective <strong>employee</strong> has resided in the State of Ohio for less than five (5) years<br />

immediately prior to his or her application for employment, then an FBI criminal records<br />

check shall also be performed.<br />

Normally, an <strong>employee</strong> shall not be hired until after the results of a criminal record<br />

check are received. Should it be necessary to hire an <strong>employee</strong> and for he or she to<br />

commence work before the criminal records check is completed, that <strong>employee</strong> shall be<br />

deemed as being conditionally hired pending the outcome of the criminal records check.<br />

The <strong>employee</strong> is therefore subject to immediate termination from employment with the<br />

agency if an unsatisfactory criminal report is received.<br />

35


4.1 Holidays<br />

The legal holidays which are to be observed by the staff of the Lorain County<br />

General Health District are as follows:<br />

NEW YEARS DAY<br />

FIRST DAY OF JANUARY<br />

MARTIN LUTHER KING DAY THIRD MONDAY OF JANUARY<br />

PRESIDENT=S DAY<br />

THIRD MONDAY OF FEBRUARY<br />

MEMORIAL DAY<br />

LAST MONDAY OF MAY<br />

INDEPENDENCE DAY<br />

FOURTH DAY OF JULY<br />

LABOR DAY<br />

FIRST MONDAY OF SEPTEMBER<br />

COLUMBUS DAY (Selected Staff) SECOND MONDAY OF OCTOBER<br />

VETERAN=S DAY (Selected Staff) ELEVENTH DAY OF NOVEMBER<br />

THANKSGIVING DAY<br />

FOURTH THURSDAY OF NOVEMBER<br />

THANKSGIVING FRIDAY<br />

DAY AFTER THANKSGIVING<br />

CHRISTMAS DAY<br />

TWENTY-FIFTH DAY OF DECEMBER<br />

NEW YEARS EVE DAY (2 Day) THIRTY-FIRST DAY OF DECEMBER<br />

HOLIDAY BONUS DAY<br />

Designated by Health Commissioner<br />

PERSONAL DAY (Full-time staff only) Selected by <strong>employee</strong>, requires division<br />

Director approval and a minimum of 48<br />

hours notice.<br />

Primary and <strong>general</strong> election days are not legal holidays.<br />

If the holiday falls on a Sunday, it will be observed on the following Monday; if it falls<br />

on a Saturday, it will be observed on the preceding Friday.<br />

In observance of each of the above holidays, an <strong>employee</strong> will normally be granted<br />

the day off from work with straight time pay. If a holiday occurs while an <strong>employee</strong> is on<br />

vacation or sick leave, such holiday will not be charged against that <strong>employee</strong>=s vacation or<br />

sick leave balance.<br />

When an <strong>employee</strong> who is eligible for overtime compensation is required to work on<br />

a holiday, he or she shall receive additional compensation at the rate of one and one-half (1<br />

2) times his or her normal rate of pay for all hours worked on that holiday. Alternatively,<br />

the <strong>employee</strong> may elect to take compensatory time off at the same rate for hours worked<br />

on that holiday.<br />

The PERSONAL DAY holiday must be taken during the calendar year and may not<br />

be accumulated from year to year. To qualify for a personal day in any given year, an<br />

<strong>employee</strong> must be employed full-time by June 30th.<br />

36


4.2 Vacation Leave<br />

Rest and relaxation are essential parts of every person=s working life. Therefore,<br />

each full-time <strong>employee</strong>, after one full year of service with the agency, shall be entitled to<br />

three weeks (fifteen working days) of paid vacation each year, calculated and earned at the<br />

rate of 4.62 hours for each 80 hour biweekly pay period, or approximately 1-1/4 days for<br />

each month of actual service with the agency. An <strong>employee</strong> with twenty (20) or more years<br />

of service with the agency shall be entitled to four (4) weeks (twenty working days) of paid<br />

vacation each year, calculated and earned at the rate of 6.15 hours for each 80 hour<br />

biweekly pay period, or approximately 1-2/3 days for each month of actual service with the<br />

agency. Each part-time <strong>employee</strong> who works or is in active pay status for forty (40) hours<br />

or less per biweekly pay period shall be entitled to vacation leave on a prorated basis.<br />

Vacations shall be scheduled on prescribed vacation request forms with the<br />

<strong>employee</strong>=s immediate supervisor. For an intended vacation period occurring between<br />

January 1 and June 30 of a given year, an <strong>employee</strong> should request such vacation by the<br />

preceding August 1. For an intended vacation occurring between July 1 and December 31,<br />

an <strong>employee</strong> should request such vacation by the preceding March 1. Vacations requested<br />

within these deadlines will be granted or denied according to seniority in each position and<br />

the staffing needs of each department.<br />

Vacations of more than one day which are requested after the above deadlines must<br />

be submitted at least two (2) weeks in advance. Single day vacations must be requested at<br />

least three (3) working days in advance. Such requests will be granted on a first come, first<br />

serve basis after consideration is given to the staffing needs of the department.<br />

Vacation leave shall be taken in the twelve (12) months immediately following the<br />

year in which the vacation was earned. Unused vacation may be carried over from year to<br />

year in special and meritorious cases, provided prior written approval is obtained from the<br />

Health Commissioner. In no event shall any <strong>employee</strong> be permitted to accumulate more<br />

than two years of vacation leave.<br />

Vacation time and sick leave are not interchangeable. An <strong>employee</strong> who becomes ill<br />

37


while on vacation may not charge that illness during vacation as sick leave.<br />

An <strong>employee</strong> who separates from employment with the agency will be paid<br />

compensation, at his or her then regular rate of pay, for earned but unused current year<br />

vacation as well as accrued carry-over vacation.<br />

38


4.3 Sick Leave<br />

Each full time <strong>employee</strong> of the Lorain County General Health District shall earn, and<br />

shall be entitled to, sick leave at the rate of 1-1/4 days for each completed month of<br />

service, or a total of approximately fifteen (15) days per year. Sick leave shall accumulate<br />

during the calendar year and shall be calculated at the rate of 4.62 hours for each 80 hour<br />

biweekly pay period. Each part-time <strong>employee</strong> who works or is in active pay status for forty<br />

(40) hours or less per biweekly pay period shall be entitled to sick leave on a prorated<br />

basis. Sick leave shall be calculated to the nearest one-quarter (1/4) hour.<br />

In January, a bonus of $250.00 is paid to each person who was employed full-time<br />

throughout the preceding year and who used 8 or fewer hours of sick leave during that<br />

year. A bonus of $100.00 is paid to each person who was employed full-time throughout<br />

the preceding year and who used from 8.25 to 24 hours of sick leave.<br />

Sick leave will be granted to the <strong>employee</strong> by the supervisor/division director for the<br />

following reasons:<br />

1. Illness or injury of the <strong>employee</strong> or a member of the <strong>employee</strong>=s immediate<br />

family.<br />

2. Death of a member of the <strong>employee</strong>=s immediate family.<br />

3. Medical, dental, or optical examination or treatment of <strong>employee</strong> or a<br />

member of his or her immediate family.<br />

4. When, through exposure to a contagious disease, either the <strong>health</strong> of the<br />

<strong>employee</strong> would be jeopardized or the <strong>employee</strong>=s presence on the job would<br />

jeopardize the <strong>health</strong> of others.<br />

5. Pregnancy and/or childbirth and related conditions.<br />

The term immediate family@ means mother, father, brother, sister, child, spouse,<br />

grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, legal<br />

guardian, or other person who stands in the place of a parent.<br />

Sick leave granted by reason of death in the immediate family will not exceed five (5)<br />

working days. Additional days may be granted, for good cause shown, by the Health<br />

Commissioner.<br />

39


A limit of five (5) working days of paid sick leave will be allowed for the care of<br />

<strong>employee</strong>=s wife and family during the post-natal care period.<br />

If sick leave is requested or taken for more than three (3) working days, an<br />

<strong>employee</strong> may be required by the agency to submit a physician=s report that supports his or<br />

her period of absence. In such case, the agency shall have the right to require the<br />

<strong>employee</strong> to submit to a medical examination by a physician of agency=s choice, at<br />

agency=s cost. If, upon examination, the physician determines that <strong>employee</strong> is able to<br />

perform the duties of his or her position and that sick leave is therefore not justified, the<br />

agency may order the <strong>employee</strong> to return to work and may deny payment for sick leave<br />

requested and claimed by such <strong>employee</strong> after the date established for return to work.<br />

Further, should an <strong>employee</strong> fail to return to work as ordered, he or she may be subject to<br />

disciplinary action and termination from employment.<br />

If the <strong>employee</strong> or a member of his or her immediate family has a medical, dental, or<br />

optical appointment, the supervisor/division director must be notified at least (5) five days in<br />

advance or the time will not be granted. This does not apply to emergencies.<br />

40


4.4 Disability Leave<br />

There are three options available in the case of an <strong>employee</strong>=s disability:<br />

1. Voluntary Reduction: When an <strong>employee</strong> becomes physically unable to<br />

perform the duties of his or her position, but is still able to perform the duties<br />

of a vacant, lower level position, he or she may voluntarily request reduction<br />

to the lower level position. The <strong>employee</strong> shall submit a written request for<br />

such reduction, together with a physician=s statement, to the Health<br />

Commissioner. The Health Commissioner shall have complete discretion in<br />

determining to approve any such request based on the operational needs<br />

and requirements of the agency.<br />

2. Disability Leave: A physically incapacitated <strong>employee</strong> who has exhausted<br />

his or her vacation leave and accumulated sick leave, who has exhausted or<br />

elected not to take Family and Medical Leave, and for whom a voluntary<br />

reduction is not practicable, may request, in writing, up to six (6) months of<br />

disability leave without pay if he or she can present evidence as to the<br />

probable date of return to work within the requested disability leave period.<br />

Such request, together with a physician=s statement and other supporting<br />

evidence, shall be submitted to the Health Commissioner.<br />

3. Disability Separation: A disability separation may be granted when an<br />

<strong>employee</strong> is hospitalized or institutionalized, or on an extended period of<br />

convalescence following hospitalization or institutionalization, or is declared<br />

physically unable of performing the duties of his or her position by a licensed<br />

physician.<br />

Reinstatement rights are as follows:<br />

1. Reinstatement from Disability Leave: The position vacated by an <strong>employee</strong><br />

who is granted a disability shall be reserved for such <strong>employee</strong> until he or<br />

she is able to return to work, provided such period of leave is not more than<br />

six (6) months. Any appointment made to a position vacated by a disability<br />

41


leave shall be on a temporary basis, and the replacement <strong>employee</strong> shall be<br />

made fully aware of such status.<br />

2. Reinstatement from Disability Separation: Reinstatement rights following<br />

disability separation extend for three (3) years from the date separation is<br />

granted. If an <strong>employee</strong> is given a disability leave of absence without pay<br />

and then placed on disability separation due to the same illness or injury, the<br />

total combined period of absence may not exceed three (3) years for<br />

purposes of reinstatement. An <strong>employee</strong> shall be reinstated to the same or<br />

similar position within thirty (30) days after applying to the Health<br />

Commissioner in writing for reinstatement, provided he or she passes a<br />

medical examination which establishes that he or she can resume the duties<br />

of his or her position. The medical examination shall be conducted, at<br />

agency=s cost, by a physician designated by the Health Commissioner. The<br />

Health Commissioner may, in lieu of such medical examination, accept the<br />

report of a medical examination conducted by a physician of <strong>employee</strong>=s<br />

choice, at <strong>employee</strong>=s cost. If a continuing disability precludes reinstatement,<br />

the <strong>employee</strong> may apply for disability retirement from the Public Employees=<br />

Retirement System.<br />

3. Notice: The Health Commissioner shall deliver a written reminder to the<br />

<strong>employee</strong> at least two weeks prior to the expiration of his or her disability<br />

separation. An <strong>employee</strong> who does not return from disability separation,<br />

formally resign, or take disability retirement, shall be separated from service<br />

with the agency upon the expiration of the three year reinstatement period.<br />

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4.5 Military Leave<br />

All <strong>employee</strong>s of the Lorain County General Health District who are members of the<br />

Ohio National Guard or members of other reserve components of the Armed Forces of the<br />

United States are entitled to leave of absence from their respective duties without loss of<br />

pay for such time as they are in military service on field training or active duty for periods<br />

not to exceed a total of thirty-one (31) working days in any one (1) calendar year.<br />

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4.6 Court Leave<br />

An <strong>employee</strong> shall be granted a leave of absence with pay when subpoenaed for<br />

jury duty, attending court as a witness regarding business of the Lorain County General<br />

Health District, or attending court on behalf of the United States or the State of Ohio. Any<br />

remuneration paid for such services shall be refused by the <strong>employee</strong> or returned to the<br />

agency. Any personal court appearance must be taken as vacation leave or leave without<br />

pay.<br />

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4.7 Calamity Leave<br />

There may be times when the offices of the agency are closed for business due to<br />

inclement weather or other emergency conditions. Employees are required to report to<br />

work unless they are notified under procedures established by the agency of the official<br />

closing of agency offices. In the event offices are officially closed, <strong>employee</strong>s will be paid<br />

for the hours they were scheduled to work. Employees not scheduled to work are not<br />

entitled to pay for the hours the offices were officially closed. An <strong>employee</strong> who fails to<br />

report to work on days when agency offices are not officially closed due to weather or other<br />

emergency conditions will not receive compensation for the duration of the absence. At the<br />

request of the absent <strong>employee</strong> and upon approval by the agency, such absence may be<br />

charged to the <strong>employee</strong>=s available vacation or compensatory time. Inclement weather is<br />

not a valid reason for the use of sick leave.<br />

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4.8 Maternity Leave<br />

An <strong>employee</strong> who is pregnant shall, upon request made to the Board of Health, be<br />

granted a leave of absence for maternity purposes. The <strong>employee</strong> shall notify the Health<br />

Commissioner or the Director of Administrative Services of her date of departure from work<br />

as far in advance as practicable. In the event there is reason to believe that an <strong>employee</strong><br />

is unable to perform the functions of her position of employment due to her pregnancy, the<br />

<strong>employee</strong> may be required to commence maternity leave at an earlier date than the<br />

<strong>employee</strong> selected. The Health Commissioner may require the <strong>employee</strong> to be examined<br />

by a licensed physician of the Health Commissioner=s choice and at the Board of Health=s<br />

expense, for such purpose.<br />

Such leave of absence shall be with pay for as long as the <strong>employee</strong> has<br />

accumulated vacation, sick leave, or compensatory time. Thereafter, the leave shall be<br />

unpaid. The <strong>employee</strong> is expected to return to work within three (3) working days after her<br />

six (6) weeks check-up from the date of the child=s birth, unless prior to such deadline, she<br />

requests Family and Medical Leave in accordance with the Board of Health=s policy. The<br />

total amount of unpaid leave shall not exceed twelve (12) weeks unless a disability leave of<br />

absence is requested and approved.<br />

(Revised 9-08-04)<br />

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4.9 Family and Medical Leave<br />

Eligibility: An <strong>employee</strong> who regularly works at least 20 hours per week, and who<br />

has been employed by the Board of Health for at least twelve (12) months and who has<br />

completed at least 1,040 hours of service during the twelve (12) month period immediately<br />

preceding the commencement of the leave shall be eligible for Family and Medical Leave<br />

as provided in this policy.<br />

Duration of Leave: An eligible full-time <strong>employee</strong> shall be permitted a maximum of<br />

twelve (12) work weeks (480 hours) of unpaid leave per calendar year. An eligible parttime<br />

<strong>employee</strong> shall be permitted a maximum of twelve (12) work weeks of unpaid leave<br />

per calendar year on a pro-rated basis. (For example, an <strong>employee</strong> who regularly works<br />

twenty (20) hours per week shall be permitted a maximum of 240 hours of unpaid leave per<br />

calendar year.) Family and Medical Leave may be used to care for the <strong>employee</strong>=s child<br />

after the birth of the child; to care for a child after the child is placed with the <strong>employee</strong> for<br />

adoption or foster care; to care for the <strong>employee</strong>=s spouse, child, sibling, parent or parentin-law<br />

who has a serious <strong>health</strong> condition; or because the <strong>employee</strong> has a serious <strong>health</strong><br />

condition that makes him or her unable to perform the functions of his or her position. In<br />

the event a husband and wife, both employed by the Board of Health, request leave due to<br />

the birth or placement of a child, the total number of work weeks of Family and Medical<br />

Leave combined shall not exceed twelve (12) work weeks during a calendar year. In the<br />

event of the continuation, reoccurrence, or onset of a serious <strong>health</strong> condition of the<br />

<strong>employee</strong> after he or she has exhausted all paid leave and the twelve (12) work weeks in a<br />

twelve (12) month period as provided in this policy, the <strong>employee</strong> may request an unpaid<br />

disability leave of absence in accordance with the Board of Health=s policy.<br />

Notice: Except when unforeseen circumstances prevent such notice, an eligible<br />

<strong>employee</strong> is required to provide the Board of Health with thirty (30) days advance notice of<br />

his or her intention to take Family and Medical Leave. A request for Family and Medical<br />

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Leave based upon a serious <strong>health</strong> condition of the <strong>employee</strong> or the <strong>employee</strong>=s spouse,<br />

child, sibling, parent or parent-in-law shall be accompanied by medical certification of such<br />

condition. The Board of Health, at its own expense, may require a second opinion<br />

regarding the serious <strong>health</strong> condition.<br />

Other Leave Time: An eligible <strong>employee</strong> may, but shall not be required to, use any<br />

and all accrued vacation, sick leave and compensatory time prior to being granted unpaid<br />

Family and Medical Leave. The twelve (12) work weeks of unpaid Family and Medical<br />

Leave are in addition to paid leave available to an <strong>employee</strong>.<br />

Intermittent Leave: Leave due to the serious <strong>health</strong> condition of the <strong>employee</strong> or the<br />

<strong>employee</strong>=s spouse, child, sibling, parent or parent-in-law may be taken intermittently or on<br />

a reduced schedule when medically necessary, provided such leave is taken by the<br />

<strong>employee</strong> in increments of one-half work days (4 hours) or full work days (8 hours). The<br />

Board of Health may require any such <strong>employee</strong> to transfer temporarily to a position of<br />

employment that has equivalent pay and benefits and better accommodates the recurring<br />

periods of leave. Leave due to the birth, placement or adoption of a well child may not be<br />

taken on an intermittent or reduced schedule.<br />

Effect of Approved Leave: It shall not be considered a break in service when an<br />

<strong>employee</strong> takes leave in accordance with this policy, provided he or she returns to work at<br />

the expiration of the leave period. During any unpaid leave period, an <strong>employee</strong> shall not<br />

accumulate sick, vacation, bonus, or other accrued leave; nor shall he or she be entitled to<br />

any compensation for holidays. Further, an eligible <strong>employee</strong> who takes leave in<br />

accordance with this policy shall, upon return from such leave, be restored to the position<br />

held by the <strong>employee</strong> when the leave commenced, or a similar position of equivalent pay<br />

and benefits.<br />

Health Care Insurance: During any period that an eligible <strong>employee</strong> takes leave in<br />

accordance with this policy, the Board of Health will maintain the <strong>employee</strong>=s group <strong>health</strong><br />

48


care coverage under the conditions coverage would have been provided if the <strong>employee</strong><br />

had continued in employment for the duration of the leave. The <strong>employee</strong> shall be<br />

responsible for paying the <strong>employee</strong>=s share of <strong>health</strong> insurance costs during the leave. If<br />

the <strong>employee</strong> does not return from the leave, the Board of Health may recover the<br />

premiums it paid for maintaining the <strong>employee</strong>=s <strong>health</strong> care coverage during the period of<br />

unpaid Family and Medical Leave.<br />

49


4.10 Administrative Leave<br />

General provisions: The Health Commissioner may, in his or her sound judgment<br />

and discretion, upon written request from any <strong>employee</strong>, grant unpaid administrative leave<br />

to such <strong>employee</strong> for such duration and upon such terms and conditions as the Health<br />

Commissioner deems appropriate and conducive to the efficient operation of the Health<br />

Department.<br />

Health care insurance: The Health Department shall continue to pay the employer=s<br />

share of the cost of group <strong>health</strong> insurance for any <strong>employee</strong> on approved administrative<br />

leave for thirty days or less. Any <strong>employee</strong> on approved administrative leave for more than<br />

30 consecutive calendar days shall be responsible for timely payment of the entire costs of<br />

maintaining his or her group <strong>health</strong> insurance during the duration of the leave.<br />

Effect of Approved Leave: It shall not be considered a break in service when an<br />

<strong>employee</strong> is granted leave in accordance with this policy, provided he or she returns to<br />

work at the expiration of the leave period. An <strong>employee</strong> shall not be entitled to<br />

compensation for holidays occurring within any approved administrative leave period.<br />

During any unpaid administrative leave for thirty or more consecutive days, an <strong>employee</strong><br />

shall not be entitled to accumulate sick, vacation, bonus, or other accrued leave.<br />

Decision is final: Any decision by the Health Commissioner to grant or deny<br />

administrative leave is final and is not subject to review or challenge. The granting of a<br />

request for administrative leave shall not establish a precedent, nor bind the Health<br />

Commissioner, in any manner, to grant a request for administrative leave by another<br />

<strong>employee</strong> under the same or similar circumstances.<br />

(Adopted May 13, 1998; Revised 9-08-04)<br />

50


5.1 Discipline<br />

The Board of Health has adopted the following policy for discipline in order to<br />

promote fairness and to minimize potential misunderstandings among <strong>employee</strong>s as to<br />

what is expected of them in their performance of their respective duties. This policy sets<br />

forth a three-tiered progressive discipline system which categorizes unacceptable types of<br />

conduct and which establishes penalties for violations of the rules of conduct.<br />

Generally, an <strong>employee</strong> may be disciplined for incompetency, inefficiency,<br />

dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the<br />

public, neglect of duty, misfeasance, malfeasance, nonfeasance, or other failure of good<br />

behavior. This discipline policy provides standard penalties for specific offenses. Examples<br />

of specific offenses given in any rule shall serve merely as a guide for discipline. The list of<br />

offenses shall not be deemed all-inclusive. Standard penalties provided in the policy do not<br />

preclude the application of a more or less severe penalty for a given infraction. Further,<br />

management retains the right to deal individually with the merits of each matter without<br />

creating any precedent for the treatment of any future disciplinary matter.<br />

Progressive Discipline<br />

Under a progressive discipline policy, discipline is administered in successive steps<br />

with each successive step becoming more severe. As a <strong>general</strong> rule, all policy infractions,<br />

except Group III offenses for which immediate termination is authorized, will follow the<br />

system of progressive discipline outlined in this policy. Unrelated offenses are progressive<br />

in the Group in which they occur; however, related offenses are progressive regardless of<br />

whether they are Group I or II violations and regardless of the order in which the Group<br />

violations occurred.<br />

The record of a disciplinary action shall remain effective in the <strong>employee</strong>=s <strong>personnel</strong><br />

file for eighteen (18) months after issuance. Thereafter, the record will be removed from<br />

the file providing another offense has not occurred within that period of time. It shall be the<br />

responsibility of the affected <strong>employee</strong> to monitor such time period and to request the<br />

removal of such disciplinary record.<br />

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Disciplinary Standard:<br />

Group I Offenses<br />

First Offense............................................Instruction & Cautioning<br />

Second Offense.......................................Written Reprimand<br />

Third Offense...........................................Three (3) day suspension without pay<br />

Fourth Offense.........................................Fifteen (15) day suspension without pay<br />

Fifth Offense............................................Termination<br />

Group I Offense Examples:<br />

1. Discourteous treatment of the public.<br />

2. Failure to report off work for any absence; absenteeism; sick leave abuse;<br />

unauthorized absence from work.<br />

3. Failure to commence duties at the beginning of the work period, or leaving work<br />

prior to the end of the work period.<br />

4. Leaving the job or work area during regular work hours without authorization.<br />

5. Making preparations to leave work without specific prior authorization before the<br />

lunch period, or for any official break time, or before the specified quitting time, or<br />

returning to work late after lunch or any official break time.<br />

6. Leaving post of continuous operations position prior to being relieved by <strong>employee</strong><br />

of incoming shift.<br />

7. Neglect or carelessness in signing in or out.<br />

8. Creating or contributing to unsanitary or unsafe conditions.<br />

9. Distracting the attention of others, unnecessary shouting, demonstration or<br />

otherwise causing disruption on the job.<br />

10. Malicious mischief, horseplay, wrestling, or other undesirable conduct, including use<br />

of profane or abusive language.<br />

11. Threatening, intimidating, coercing, or interfering with subordinates or other<br />

<strong>employee</strong>s.<br />

12. Failure to cooperate with other <strong>employee</strong>s as required by job duties.<br />

13. Failure to use reasonable care of agency property or equipment.<br />

52


14. Use or possession of another <strong>employee</strong>=s working equipment without authorization.<br />

15. Neglect or carelessness in observance of official safety rules, or disregard of<br />

common safety practices.<br />

16. Failure to observe department or division rules.<br />

17. Obligating the agency for any expense, service or performance without<br />

authorization.<br />

18. Failure to report accidents, injury or equipment damage.<br />

19. Disregarding job duties; neglect of work; inefficiency; reading for pleasure during<br />

working hours.<br />

20. Unsatisfactory work or failure to maintain required standards of performance;<br />

incompetency.<br />

21. Violation of agency telephone policy.<br />

22. Violation of agency tobacco use policy.<br />

23. Accepting gifts from agency clients or business contacts.<br />

24. Improper use of agency badges or identification cards.<br />

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Group II Offenses<br />

Disciplinary Standard:<br />

First Offense.............................Instruction & up to three (3) day suspension w/o pay.<br />

Second Offense....................... Fifteen (15) day suspension without pay<br />

Third Offense............................Termination<br />

Group II Offense Examples:<br />

1. Sleeping during working hours.<br />

2. Reporting for work or working while unfit for duty.<br />

3. Being in possession of, or drinking alcoholic beverages, on the job.<br />

4. Conduct violating morality or common decency.<br />

5. Unauthorized use of agency property or equipment.<br />

6. Performing private work on agency time.<br />

7. Willful failure to sign in or out when required.<br />

8. Willful failure to make required reports.<br />

9. Failure to report, as scheduled, for overtime work without good reason.<br />

10. Solicitation or distribution at place of employment without authorization;<br />

unauthorized posting or removal of notices or signs from bulletin boards.<br />

11. Making or publishing of false, vicious or malicious statements concerning<br />

<strong>employee</strong>s, supervisors, the agency or its operation.<br />

12. Refusing to give testimony when accidents are being investigated.<br />

13. Unauthorized presence on agency/<strong>county</strong> property.<br />

14. Willful disregard of department or division rules.<br />

15. Use of abusive or threatening language toward supervisors or co-workers.<br />

16. Gambling during working hours.<br />

54


Group III Offenses<br />

Disciplinary Standard:<br />

First Offense............................................Termination<br />

Group III Offense Examples:<br />

1. Wanton or willful neglect in the performance of assigned duties or in the care, use or<br />

custody of any agency property or equipment. Abuse or deliberate destruction of<br />

agency property, tools, equipment, or the property of <strong>employee</strong>s.<br />

2. Signing or altering other <strong>employee</strong>s= time/activity records or unauthorized altering of<br />

own time/activity records.<br />

3. Giving false testimony; falsifying or assisting in falsifying or destroying any agency<br />

records; giving false information or withholding pertinent information in making<br />

application for employment.<br />

4. Making false claims or misrepresentations in an attempt to obtain any agency<br />

benefit.<br />

5. Stealing or similar conduct, including destroying, damaging or concealing any<br />

property of the agency or of other <strong>employee</strong>s.<br />

6. Illegal use or sale of drugs.<br />

7. Conviction of any crime involving dishonesty or moral turpitude.<br />

8. Conviction of any felony under the laws of the State of Ohio, or of any offense under<br />

Federal law or in another state that would be deemed a felony in Ohio.<br />

9. Fighting or attempting injury to other <strong>employee</strong>s, supervisors, or persons.<br />

10. Misuse of agency information; removal of agency records without authorization.<br />

11. Instigating, leading, or participating in any illegal work stoppage, walk-out, strike, or<br />

other concerted curtailment, restriction or interference with work in or about the<br />

agency=s work areas.<br />

12. Possession of firearms, explosives or weapons on agency property or while on duty<br />

at any time without authorization.<br />

13. Knowingly concealing a communicable disease which may endanger other<br />

<strong>employee</strong>s; misuse of materials and equipment or wanton neglect of duties as<br />

55


endangers the <strong>health</strong> and safety of the public.<br />

14. Dishonesty or any dishonest action; including the acceptance of bribes or substantial<br />

gifts for work or favors performed.<br />

15. Insubordination by refusing to perform assigned work upon the verbal or written<br />

instruction of a supervisor.<br />

16. Intentional and knowing discriminatory act toward any individual on the basis of<br />

race, color, religion, sex, national origin, handicap, age, or ancestry.<br />

17. Intentionally and knowingly engaging in sexual harassment; or interfering with<br />

Agency investigations of allegations of sexual harassment; or taking retaliatory<br />

action against any <strong>employee</strong> who reports incidents of sexual harassment; or<br />

knowingly and intentionally making false accusations of sexual harassment; or other<br />

violations as described in Section 5-7 of this policy manual.<br />

18. Failure to maintain a valid Ohio Driver=s License or failure to report any<br />

circumstances as makes an <strong>employee</strong> ineligible to hold a valid Ohio Driver=s License<br />

(see Section 7.7)<br />

(Revised 10-14-98)<br />

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5.2 Pre-Disciplinary Conference<br />

Subject to Section 5.4 Absence without Leave, in all instances of disciplinary action<br />

whereby the <strong>employee</strong> may be suspended without pay or terminated from employment, a<br />

pre-disciplinary conference shall be conducted. The purpose of such conference is to<br />

afford the affected <strong>employee</strong> a fair opportunity to offer a defense to the allegations of<br />

misconduct. The pre-disciplinary conference shall be conducted by a neutral party selected<br />

by the Health Commissioner from supervisors in the agency not directly in the chain of<br />

command of the affected <strong>employee</strong>. The neutral party may also be an impartial person<br />

from outside of the agency.<br />

Not less than twenty-four (24) hours prior to the conference, the <strong>employee</strong> shall<br />

receive a notice which describes the basis for disciplinary action against such <strong>employee</strong>.<br />

The <strong>employee</strong> may appear personally with or without a chosen representative at the<br />

conference to present an oral or written statement in his or her defense; or may elect, in<br />

writing, to waive the opportunity to be heard at such conference.<br />

At the conference, the neutral party will ask the <strong>employee</strong> or the <strong>employee</strong>=s<br />

representative to respond to the allegations of misconduct. Failure to respond truthfully<br />

may result in further disciplinary action. The <strong>employee</strong> and agency representatives may<br />

present any testimony, witnesses or documents which explain whether or not the alleged<br />

misconduct occurred, subject to the right of the neutral party to refuse to hear any matters<br />

that he or she deems not pertinent or not relevant. The <strong>employee</strong> shall provide a list of<br />

witnesses to the neutral party as far in advance as possible, but not later than one hour<br />

prior to the conference. It shall be the <strong>employee</strong>=s responsibility to notify witnesses that<br />

their attendance is desired.<br />

The <strong>employee</strong> and his or her representative will be permitted to question any<br />

witnesses. A written report shall be prepared by the neutral party with conclusions as to<br />

whether or not the alleged misconduct occurred. A copy of such report shall be provided<br />

by the Health Commissioner to the <strong>employee</strong> within five (5) working days after its<br />

submission by the neutral party to the Health Commissioner.<br />

The Health Commissioner (not the neutral party) will decide what discipline, if any, is<br />

appropriate.<br />

57


Section 5.3 Criminal Offenses<br />

An <strong>employee</strong> may be immediately terminated by the agency for conviction of any<br />

felony or for conviction of any offense, whether a misdemeanor or felony, involving<br />

dishonesty or moral turpitude.<br />

The agency may, in its sole discretion, require any <strong>employee</strong> charged with a criminal<br />

offense to take a leave, with pay, pending the outcome of criminal proceedings against<br />

such <strong>employee</strong>.<br />

Nothing contained herein shall be construed to preclude the agency from<br />

immediately commencing disciplinary procedures and taking disciplinary action against an<br />

accused <strong>employee</strong> for violations of the <strong>personnel</strong> policy which are not dependent upon a<br />

criminal conviction.<br />

58


Section 5.4 Absence Without Leave<br />

Any <strong>employee</strong> who is absent for three or more successive duty days, without leave<br />

and without notice to a supervisor of the reasons for such absence, may be summarily<br />

terminated, without a pre-disciplinary conference, from employment for neglect of duty.<br />

Such termination shall be effective upon delivery of notice by the agency to the <strong>employee</strong>=s<br />

last known address.<br />

59


Section 5.5 Appeals from Disciplinary Actions<br />

Termination of employment or a suspension of over three (3) days may be appealed<br />

by an affected <strong>employee</strong> to the State Personnel Board of Review in Columbus, Ohio.<br />

Suspensions of three (3) days or less or other disciplinary actions may be heard through<br />

the grievance procedure established by the agency.<br />

To be effective, an appeal from a termination or suspension must be filed with the<br />

State Personnel Board of Review within ten (10) days after the <strong>employee</strong>=s receipt of the<br />

notice of termination or suspension. The Board of Review may conduct a hearing in such<br />

appeal and may affirm, disaffirm, or modify disciplinary actions made by the<br />

Employer/Appointing Authority, the Board of Health.<br />

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5.6 Grievance Policy & Procedure<br />

The Board of Health of the Lorain County General Health District, as an employer,<br />

recognizes that in the process of employment, there may be occasions when the views of<br />

the <strong>employee</strong> and management conflict. It is therefore in the best interest of the agency to<br />

make available for all <strong>employee</strong>s a grievance procedure to address matters of conflict, and<br />

to provide a formal mechanism for communication whereby the opportunity for resolution of<br />

the grievances is enhanced.<br />

A grievance may be initiated by an <strong>employee</strong> for any disciplinary suspension of three<br />

(3) days or less, for disciplinary measures not involving loss of pay, lay-offs and job<br />

abolishment, and for any matter whereby there may be conflict or disagreement in the<br />

interpretation of any provision of this <strong>personnel</strong> policy manual. The filing of a grievance in<br />

good faith shall not reflect upon the <strong>employee</strong>=s standing within the agency. Further,<br />

<strong>employee</strong>s shall be unimpeded and free from restraint, interference, or reprisal in the filing<br />

of grievances.<br />

Employees and supervisors are encouraged to communicate with each other and to<br />

attempt to avoid situations of conflict and to resolve disputes without resort to the grievance<br />

procedure. The grievance procedure in this agency can have as many as four steps:<br />

1. The first step is verbally with the <strong>employee</strong>=s immediate supervisor within five<br />

(5) working days of the incident or situation giving rise to the grievance.<br />

2. If the grievance is unresolved, the <strong>employee</strong> may proceed to the second<br />

step. In this step, the <strong>employee</strong> shall describe, in a written document<br />

delivered to his or her division director within five (5) working days following<br />

the meeting in step 1, all relevant facts, the nature of the grievance, and the<br />

desired outcome. Within five (5) working days, the division director shall hold<br />

a conference with the grieving <strong>employee</strong>. The division director shall render a<br />

written decision on the grievance within five (5) working days after this<br />

conference.<br />

3. If the grievance remains unresolved, the <strong>employee</strong> may proceed to the third<br />

step by delivering all relevant papers to the Health Commissioner within five<br />

61


(5) working days after <strong>employee</strong>=s receipt of the division director=s written<br />

decision. The Health Commissioner shall hold a conference with the grieving<br />

<strong>employee</strong> within five (5) days of receiving such papers. He shall render a<br />

written decision on the matter within five (5) days after such conference.<br />

4. If the <strong>employee</strong> is dissatisfied with the Health Commissioner=s decision, such<br />

grieving <strong>employee</strong> must file a written request with the Health Commissioner<br />

and ask him to file the original grievance and all relevant papers with the<br />

Board of Health. The Health Commissioner will decide, in his sole judgment,<br />

whether the grievance is of such nature that it would be appropriate for<br />

consideration by the Board of Health. If the Health Commissioner so<br />

decides, then he shall place the matter on the agenda of the next regular<br />

meeting of the Board of Health. The grieving <strong>employee</strong> must appear at that<br />

meeting to present his or her grievance. Within five (5) working days of such<br />

meeting, the grieving <strong>employee</strong> shall be notified, in writing, of any action<br />

taken by the Board of Health regarding such grievance.<br />

The <strong>employee</strong> may select one person to act as his or her representative throughout<br />

the grievance procedure. Such representative may assist the <strong>employee</strong> in the preparation,<br />

submission, and presentation of the grievance.<br />

The time limits may be extended where the parties who are involved are on<br />

approved leave. On-duty time that <strong>employee</strong>s spend on grievances shall be productive and<br />

necessary to the resolution of the matter. Meetings with any representative of the<br />

<strong>employee</strong> relating to the grievance shall occur on non-duty time.<br />

If an <strong>employee</strong>, or an applicant for employment believes that he or she was the<br />

recipient of any discriminatory practice as set forth in this policy manual, then the above<br />

grievance procedure may be initiated and pursued by that <strong>employee</strong> or employment<br />

applicant, with the following modifications: The first step of the grievance procedure shall be<br />

initiated by filing a written complaint with the division director and the second step shall be<br />

with the designated EEOC Officer. In all other respects, the procedure shall be as the<br />

procedure for all other grievances.<br />

(revised 10-14-98)<br />

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5.7 Sexual Harassment<br />

The Lorain County Health Department is committed to providing a work place free<br />

from sexual harassment, and strictly prohibits this conduct in the work place by all agency<br />

<strong>employee</strong>s. It shall be unlawful and inappropriate and a violation of this policy for any<br />

<strong>employee</strong>, male or female, to sexually harass any other <strong>employee</strong>.<br />

Any <strong>employee</strong> who believes that he or she has been sexually harassed by another<br />

<strong>employee</strong>, a member of the public, contractor, client, patient, or service provider shall<br />

immediately report any incident of that nature to his or her immediate supervisor or to the<br />

Health Commissioner. There shall be no reprisals against any <strong>employee</strong> who makes such<br />

report.<br />

An investigation of all complaints of sexual harassment shall be conducted by the<br />

Health Commissioner or other persons the Health Commissioner assigned to such task.<br />

Every effort shall be made to keep the complaint and the investigation confidential, except<br />

as may be reasonably necessary to conduct the investigation. It shall be unlawful,<br />

inappropriate and a violation of this policy for any <strong>employee</strong> who is the subject of a sexual<br />

harassment investigation to take retaliatory action so as to affect the work environment of<br />

the complainant or any person involved in the investigation.<br />

Substantial incidents of sexual harassment shall be grounds for disciplinary action,<br />

up to and including termination. Further, if allegations of sexual harassment are found to<br />

be credible, corrective action shall be taken to prevent reoccurrence of such conduct within<br />

the workplace.<br />

Sexual harassment shall not be countenanced by supervisory or management staff.<br />

Each supervisor in the agency shall promptly report any incident of sexual harassment that<br />

comes to his or attention to the Health Commissioner. Failure of a supervisor to report<br />

sexual harassment or failure to cooperate in remedying or investigating such conduct shall<br />

be grounds for disciplinary action, up to an including termination.<br />

It shall be unlawful and a violation of this policy for any <strong>employee</strong> to knowingly and<br />

intentionally make a false report or accusation of sexual harassment. Such conduct shall<br />

be grounds for disciplinary action, up to and including termination.<br />

(Adopted 10-14-98)<br />

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6.1 Resignations<br />

An <strong>employee</strong> is requested to give at least two weeks advance notice of resignation.<br />

During the next or second to next pay period after resignation, the resigning <strong>employee</strong> will<br />

be paid for any accrued but unused vacation and for unused overtime hours, all subject to<br />

the limitations for accumulation of such time set forth in the policy. No compensation shall<br />

be paid for any accumulated and unused sick leave. Instead, upon resignation or other<br />

separation from employment, an <strong>employee</strong> will receive a written statement of sick hours<br />

accrued, as an <strong>employee</strong> may be able to reinstate such sick time if he or she is later reemployed<br />

by the agency or attains other qualifying public employment.<br />

Resigning <strong>employee</strong>s are further entitled to continue, for a set period of time<br />

established by <strong>county</strong> and state or federal law, to participate in the agency=s group <strong>health</strong><br />

insurance plan, provided such <strong>employee</strong> pays both the agency=s and <strong>employee</strong>=s shares of<br />

the monthly premium established for such plan. It shall be the <strong>employee</strong>=s responsibility to<br />

make adequate arrangements with the Director of Administrative Services to ensure that<br />

the required monthly premium payments are made.<br />

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6.2 Lay-off<br />

The Health Board and the Health Commissioner, as co-appointing authorities,<br />

maintain the legal right to lay-off <strong>employee</strong>s whenever a reduction in the work force is<br />

necessary due to lack of work, lack of funds or projected lack of funds, or job abolishment.<br />

Lay-offs shall occur within job classifications established in the class plan, beginning with<br />

seasonal or intermittent <strong>employee</strong>s; then the part-time <strong>employee</strong>s with the least amount of<br />

continuous service with the agency; then all other part-time <strong>employee</strong>s within the selected<br />

job classifications; then the full-time <strong>employee</strong>s, beginning with the full-time <strong>employee</strong> with<br />

the least amount of continuous service within the agency. For purposes of this provision,<br />

Acontinuous service@ shall mean service from the <strong>employee</strong>=s original date of hire with the<br />

agency provided the <strong>employee</strong> has not had a separation of service of thirty-one (31) days<br />

or more. Approved leave time shall not be considered as separation from service.<br />

Whenever a reduction in the work force is necessary, the Health Commissioner shall<br />

have the right to determine the classification(s) in which the lay-off(s) will occur, and the<br />

number of <strong>employee</strong>s to be laid off within each classification.<br />

An <strong>employee</strong> subject to lay-off shall be notified, in person, of the action at least<br />

fourteen (14) days prior to the effective date. An <strong>employee</strong> shall be notified at least<br />

seventeen (17) days prior to the effective date in the case where the lay-off notice is sent<br />

by certified mail.<br />

An <strong>employee</strong> who is laid off or whose job has been abolished may, at his or her<br />

option, exercise his or her rights to displace another or to fill an available vacancy in the<br />

same or lower job classification within the class plan. An <strong>employee</strong> exercising his or her<br />

displacement rights shall be paid according to the same rate of pay or range assigned to<br />

the classification into which the <strong>employee</strong> is displaced. An <strong>employee</strong> who was laid off may<br />

be reinstated at any time within one year after the effective date of lay-off, provided the<br />

person remains qualified to perform the duties of the position. Each <strong>employee</strong> eligible to be<br />

recalled from lay-off shall be notified of the offer of reinstatement delivered by certified mail<br />

to <strong>employee</strong>=s last known address. It shall be the laid-off <strong>employee</strong>=s responsibility to keep<br />

the agency informed of his or her current mailing address.<br />

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A lay-off may be appealed to the State Personnel Board of Review, Columbus, Ohio.<br />

(Revised 9-08-04)<br />

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6.3 Retirement & Sick Leave Conversion Upon Retirement<br />

All <strong>employee</strong>s of the agency are required to participate in the Ohio Public Employees<br />

Retirement System (PERS). Currently, an <strong>employee</strong> of the agency who has passed his<br />

sixtieth (60th) birthday and has five (5) or more years of total service credit; or who has<br />

attained his fifty-fifth (55th) birthday and has twenty-five (25) or more years of service<br />

credit; or has thirty (30) or more years of total service credit, regardless of age, is eligible<br />

for retirement in PERS.<br />

An <strong>employee</strong> of the agency may elect at the time of retirement (service or disability)<br />

from active service, provided he or she has ten (10) or more years service with the agency,<br />

the County, the State of Ohio, any political subdivision of the State of Ohio, or any<br />

combination of the above, to receive cash payment for one-fourth (1/4) the value of his or<br />

her properly accrued and unused sick leave.<br />

The maximum payment which will be permitted is one-fourth of 240 days, or sixty<br />

(60) days. This sick leave conversion payment shall be based on the <strong>employee</strong>=s rate of<br />

pay at the time of retirement, shall eliminate all sick leave accrued by the <strong>employee</strong> and<br />

shall be made only once to any <strong>employee</strong>. To be eligible for such payment, the retiring<br />

<strong>employee</strong> must be age 65 or older and have a minimum of ten (10) years of <strong>county</strong> service;<br />

at least age 60 and have a minimum of fifteen (15) years of <strong>county</strong> service; at least age 55<br />

and have a minimum of twenty (20) years of <strong>county</strong> service; and at least age 50, and have<br />

a minimum of twenty-five (25) years of <strong>county</strong> service.<br />

Such benefit is payable to the heirs, representative, or estate of an eligible deceased<br />

<strong>employee</strong> as of the date of death.<br />

(Revised 9-08-04)<br />

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7.1 Telephone Use<br />

Telephone System Access and Use:<br />

The telephone system is to be used for business purposes. Any personal use must<br />

be kept at a minimum to permit the public access to agency staff.<br />

The agency shall be reimbursed for any long distance charges related to personal<br />

use.<br />

Cellular/Mobile Phone Access and Use:<br />

Certain <strong>employee</strong>s will be assigned cellular phones. It is permissible to issue the<br />

cellular phone number to agency <strong>personnel</strong>, other authorized individuals relating to Agency<br />

business and to the <strong>employee</strong>=s spouse or immediate family members.<br />

Cellular phones shall be kept in operation while away from the office.<br />

The agency shall be reimbursed for any cellular telephone charges related to private<br />

use at the rate of 25 cents per minute for all private calls within the normal calling area. An<br />

<strong>employee</strong> shall pay the full charge for all private calls while on roam outside of the normal<br />

calling area.<br />

(Amended 9-08-04)<br />

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7.2 Tobacco Use Policy<br />

The use of tobacco products, according to the U.S. Surgeon General, continues to<br />

be a leading cause of death in the United States. The Board of Health recognizes its<br />

responsibility to set an example for the public by establishing a policy of hiring only qualified<br />

non-smokers; by prohibiting smoking in all areas under the control of the Board of Health;<br />

by providing smoking cessation programs for <strong>employee</strong>s that smoke; by establishing and<br />

promoting programs that encourage a tobacco-free life-style; and by establishing and<br />

promoting anti-tobacco campaigns.<br />

Smoking is accordingly prohibited in all facilities which are subject to the control of<br />

the Board of Health. This policy applies to all <strong>employee</strong>s as well as to all members of the<br />

public using Health District facilities. This prohibition extends to all offices, work areas,<br />

conference rooms, restrooms, break rooms, <strong>general</strong> access areas, garages, and clinics. It<br />

is also prohibited for staff to smoke in a client=s home.<br />

Employees who continue to smoke shall do so outside. Such <strong>employee</strong>s are<br />

reminded that breaks for smoking are not provided over and above normally scheduled<br />

break periods. Employees wishing to stop smoking may participate in various smoking<br />

cessation programs. The Board of Health will provide or pay registration fees for any<br />

approved smoking cessation program undertaken by an <strong>employee</strong>.<br />

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7.3 Division Policies and Rules<br />

The functions of the agency are performed by various divisions; for example:<br />

environmental, administrative, patient care, clerical, etc. The supervisor in each division<br />

may adopt policies, rules and procedures for that division=s <strong>employee</strong>s. Employees shall<br />

be familiar with and shall comply with such division policies, rules or procedures.<br />

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7.4 Drug Free Workplace Policy<br />

Each prospective and current <strong>employee</strong> shall receive a copy of this policy and will be<br />

required to sign a receipt which will become a permanent part of his or her <strong>personnel</strong> file.<br />

At least once annually, each <strong>employee</strong> will receive a packet containing information<br />

on the following:<br />

1. The dangers of drug abuse;<br />

2. Available drug counseling, rehabilitation and <strong>employee</strong> assistance programs;<br />

3. Penalties that will be imposed for breach of this policy.<br />

The packet shall also contain a current copy of this policy, a current copy of the<br />

posted and/or published drug-free workplace statement of the agency, and a notice that<br />

any conviction of any work-related federal or state criminal drug statute must be reported to<br />

the Health Commissioner within five (5) calendar days after such conviction.<br />

The unlawful manufacture, distribution, use, or possession of a controlled substance<br />

by any <strong>employee</strong> which takes place in whole or in part in the workplace of the agency is<br />

strictly prohibited and will result in criminal prosecution and discipline of the <strong>employee</strong><br />

which may include termination from employment.<br />

Any <strong>employee</strong> convicted of any federal or state criminal drug statute for a workrelated<br />

drug offense must notify the Health Commissioner of that fact within five (5)<br />

calendar days of the conviction. An <strong>employee</strong> who fails to report a work-related drug<br />

offense conviction will be terminated from employment, forever barred from future<br />

employment, and held civilly liable for any loss of federal funds resulting from such failure to<br />

report.<br />

Nothing contained herein shall be construed to preclude the agency from pursuing<br />

disciplinary action against an <strong>employee</strong> convicted of an allegedly non-work-related drug<br />

offense.<br />

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7.5 Safety & Risk Management Policy<br />

Safety and risk management are of the utmost importance and are the<br />

responsibilities of all <strong>health</strong> <strong>employee</strong>s of the <strong>health</strong> department. The goal of this agency is<br />

to provide a safe, <strong>health</strong>y environment for all <strong>employee</strong>s and members of the public. Each<br />

<strong>employee</strong> shall therefore make certain that safety equipment is used and that safety<br />

procedures and practices are observed. All <strong>employee</strong>s, but particularly supervisors, have<br />

the responsibility of reporting the existence of any hazardous conditions or practices to the<br />

Health Commissioner. Any <strong>employee</strong> found to be engaging in unsafe practices shall be<br />

disciplined in accordance with the progressive discipline policy.<br />

Accidents do, nevertheless, occur. Any accident that occurs during normal working<br />

hours shall be reported, in writing, to the immediate supervisor, at once. The supervisor, in<br />

turn, shall notify the Health Commissioner.<br />

Accidents, losses, and other incidents of noncompliance will be regularly reviewed<br />

by management staff in order to establish appropriate safety requirements and risk<br />

management procedures. For the protection of the <strong>employee</strong>s and the public, the Health<br />

Commissioner or persons he assigns shall regularly and continually evaluate job<br />

performance as it relates to safety and <strong>health</strong>. In addition, <strong>employee</strong>s will be assigned to<br />

attend educational and training courses so that safety practices are updated and improved.<br />

At all times, this agency will encourage the promotion of <strong>health</strong> and safe work practices<br />

and environment.<br />

(Adopted January 14, 1998; Revised October 14, 1998)<br />

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7.6 Emergency Preparedness / Evacuation<br />

The Lorain County Health Department has in place a plan for the immediate<br />

evacuation of all <strong>employee</strong>s and members of the public from the premises of the Lorain<br />

County Health Department in the event of an emergency. Copies of this plan are posted in<br />

conspicuous places throughout the Health Department at all times. A copy is also kept in<br />

the office of the Health Commissioner and can be reviewed, at any reasonable time during<br />

normal working hours, by agency <strong>employee</strong>s. Such plan shall be regularly reviewed and<br />

updated, as needed.<br />

To ensure preparedness for any emergency, unannounced drills may be conducted<br />

by management staff at any time.<br />

(Adopted, 10/14/98)<br />

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7.7 Driver=s License and Driver Safety & Insurance<br />

Each <strong>employee</strong> who may be required to perform duties for the agency which includes<br />

driving a motor vehicle may be required, on his or her anniversary of date of hire, to<br />

produce to his or her immediate supervisor, a current, valid Ohio Driver=s license and proof<br />

of current insurance on any vehicles owned, or leased by such <strong>employee</strong>. Further, and as<br />

a supplement to, or in lieu of such requirement, each such <strong>employee</strong> shall be required, as a<br />

condition of receiving reimbursement for mileage, sign a statement on the reimbursement<br />

form:<br />

1. That he or she has automobile liability insurance currently in effect for the<br />

vehicle or vehicles used for agency purposes;<br />

2. That he or she has not committed any violations such as may cause his or<br />

her driver=s license to be revoked or suspended;<br />

3. That each and every motor vehicle used by him or her for agency purposes is<br />

in a road-worthy condition.<br />

Further, the driving records of such <strong>employee</strong>s may be periodically checked by the<br />

Health Commissioner or his designee under procedures established by the Ohio Bureau of<br />

Motor Vehicles.<br />

Should there be any circumstances such as makes an <strong>employee</strong> ineligible to hold a<br />

valid Ohio Driver=s License, he or she shall immediately report such fact to his or her<br />

immediate supervisor. These circumstances include, but are not necessarily limited to,<br />

excessive driving violations and failure to acquire and maintain automobile liability<br />

insurance.<br />

Failure to maintain a valid Ohio Driver=s license, failure to report any circumstance<br />

as described above, failure to permit or cooperate in driving record checks, or falsifying the<br />

required statement on the mileage reimbursement form may be cause for discipline, up to<br />

and including termination of employment.<br />

(Adopted 10-14-1998; Revised 12-12-01)<br />

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Section 7.8 Safety Belts<br />

Ohio law requires that any individual shall wear safety restraint/seat belts while<br />

operating or traveling in an automobile. All <strong>employee</strong>s of the agency are required to wear<br />

seat belts while driving or occupying a vehicle during agency related travel. Employees are<br />

also encouraged to wear seat belts during personal travel. Failure to wear seat belts while<br />

driving or occupying a vehicle during agency related travel may be cause for disciplinary<br />

action.<br />

(Revised 11/11/98)<br />

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Section 7.9 Medical or Psychological Examination<br />

The Health Commissioner, upon request from any supervisor or on the Health<br />

Commissioner=s own initiative, may require that an <strong>employee</strong> submit to one or more<br />

medical or psychological examinations in order to determine the <strong>employee</strong>=s physical,<br />

mental and/or emotional capability to perform the substantial and material duties of the<br />

<strong>employee</strong>=s position. The medical or psychological examination shall be at the agency=s<br />

cost and shall be performed by a licensed physician selected by the Health Commissioner.<br />

(Adopted 11-12-03)<br />

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7.10 Firearms Policy<br />

Unless specifically authorized by the Health Commissioner, an <strong>employee</strong> or official<br />

of the agency is prohibited from carrying firearms into any agency building, or in an agency<br />

vehicle, or at any time while he or she is acting within the course and scope of his or her<br />

employment with the agency.<br />

An <strong>employee</strong> or official of the agency is prohibited from bringing a handgun onto the<br />

agency parking lot, even if it is kept in the <strong>employee</strong>=s or official=s vehicle, except for an<br />

<strong>employee</strong> with a current, valid license to carry a concealed handgun. An agency <strong>employee</strong><br />

or official with such license may bring a handgun onto an agency parking lot, but must<br />

leave the handgun in his or her own locked vehicle in the glove compartment or other<br />

locked compartment, in the trunk, or inside a gun case. An <strong>employee</strong> or official of the<br />

agency with such license who is reporting to work may remove his or her handgun from a<br />

vehicle in an agency parking lot in order to transport it to the trunk of that vehicle for<br />

storage.<br />

A violation of this policy is a group III offense (see Section 5, Group III offenses, no.<br />

12, of this Policy Manual), the discipline for which is termination of employment. Further,<br />

an <strong>employee</strong> or official who violates this policy shall be deemed to be acting outside the<br />

course and scope of his or her employment with this agency and shall not be entitled to any<br />

defense or indemnity from this agency should any litigation ensue.<br />

(Adopted May 12, 2004)<br />

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