2007-10-Minutes for Meeting October 30,2006 Recorded 1/4/2007DESCHUTES COUNTY OFFICIAL RECORDS A^
NANCY BLANKENSHIP, COUNTY CLERK C} Ydd 2007-1o
COMMISSIONERS' JOURNAL
01/04/2007 12;55:23 PM
-1
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Deschutes County Clerk
Certificate Page
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statement, in accordance with ORS 205.244:
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF ADMINISTRATIVE WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, OCTOBER 30, 2006
Present were Commissioners Dennis R. Luke, Bev Clarno and Mike Daly. Also
present were Dave Kanner, County Administrator; and Keith Chu and Richard
Coe of The Bulletin. No other representatives of the media or other citizens were
present.
The meeting began at 11:50 a. m.
1. Discussion of County Policies and Personnel Rules.
Dave Kanner gave an overview of the County Policies and Personnel Rules that
are being revised or written.
The Personnel Rules will be provided to the union representatives today. There
are also specific rules the Sheriff's Office includes that will need review of the
County Administrator.
He noted that training on non-harassment, computer use, driving for the County
and drug-free workplace need to be completed by new employees before they
begin work.
2. Other Items.
No other items were addressed.
Being no further discussion, the meeting adjourned at 12:10 p.m.
Minutes of Administrative Work Session Monday, October 30, 2006
Page I of 2 Pages
DATED this 30th Day of October 2006 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
D nnis R. Luke, hair
uQ.UIt iAt(e -A pm
Bev Clarno, Vice Chai
ichael M. Daly, Co issioner
Minutes of Administrative Work Session
Page 2 of 2 Pages
Monday, October 30, 2006
{ Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orp,
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
11:00 A.M., MONDAY, OCTOBER 30, 2006
1. Review and Discussion of Request for Approval of the Following
Administrative Policies:
• F-1: Reimbursement of Miscellaneous Expenses and Expenses
Incurred while Traveling on County Business
• F-2: Traveling on County Business
• IT-1: Computer, E-Mail and MCD Use
• RM-1: Driving on County Business and Vehicle Operation
• GA-4: Food and Refreshments
• GA-2: Public Records Requests
2. Review of Proposed Personnel Policies.
3. Other Items
PLEASE NOTE:
At any time during this meeting, an executive session could be called to address issues relating to:
ORS 192.660(2)(e), real property negotiations
ORS 192.660(2)(h), pending or threatened litigation
ORS 192.660(2)(b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in
the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise
indicated. If you have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
3.32. PROMOTIONS, DEMOTIONS AND REASSIGNMENTS
3.32.010. Promotions.
A. Process. If a qualified employee applies for an open position, at the discretion of the County
Administrator, the County may opt to promote the employee to the position and not recruit for
the position. The County Administrator may, at his or her option, require the employee to take
any appropriate tests and go through an interview or interviews and background checks prior to
deciding whether to promote the employee to the new position.
B. Effect of promotions on salary. When an employee is promoted to a classification with a higher
pay grade, the employee will receive a pay increase of not less than the percentage difference
between steps in the pay grade for the new position, except that the employee's pay may not
exceed the maximum pay step of the pay grade for the new position. If the employee's current
pay rate is below the minimum pay step of the pay grade for the new position, the employee's
pay shall be increased to at least the minimum pay step of the pay grade for the new position.
C. New probation period. Employees who are promoted to a new position must serve a new
probationary period of twelve (12) months in the new position.
(Ord. 2002-024 § 1, 2002)
3.32.020 Demotions and Reassignments
When an employee is demoted for cause to a position with a lower pay range, he or she will be
placed in a pay step within the lower pay range. When an employee is demoted or reassigned for
administrative purposes through no fault of the employee, the employee's pay will be reduced to the
maximum rate in the lower pay grade or the employee's pay will continue at the employee's current
rate of pay, whichever is loW&. Subject to approval of the County Administrator, the salary of an
employee who is at the highest step of his or her pay grade and who is reassigned for administrative
purposes through no fault of the employee, may be held at the employee's current rate of pay,
without adjustments for cost-of-living increases, until the employee's rate of pay falls within the
pay grade for the employee's reassigned position.
(Ord. 2002-024 § 1, 2002)
Chapter 3.32 1
(10/2006)
REVIEW
M
OF
PROPOSED PERSONNEL RULES
Chapter/HR #
Topic
3.04
Introduction to Personnel Rules
3.08
Application of Personnel Rules to County Employees
3.12
Recruitment and Appointment of Employees
3.20
Hours of Work
3.24
Wage and Salary Administration
3.30
Personal Conduct
3.32
Promotions, Demotions and Reassignments
3.44
Discipline and Discharge
3.46
Grievances
3.48
Termination of Employment
HR-1
Classification
HR-2
Screening and Selection
HR-3
Background Checks
HR-4
Overtime Compensation and Compensatory Time
HR-5
Non-wage and Salary Compensation
HR-7
Excused Time
HR-8
Drug-free Workplace
HR-9
Prevention of Violence in the Workplace
HR-10
Non-harassment and Discrimination
3.04. INTRODUCTION TO PERSONNEL RULES
3.04.010.
Purpose.
3.04.020.
Employee Acknowledgment.
3.04.030.
Personnel Rules not a Contract.
3.04.040.
Adoption, Amendment, Administration.
3.04.050.
Equal Employment Opportunity.
3.04.010. Purpose.
The Deschutes County Personnel Rules ("Personnel Rules") set forth the personnel policies and
procedures for Deschutes County employees and are intended to provide guidelines for the
standards of performance, employee responsibilities, behavior and conduct that are expected of all
Deschutes County employees. The Personnel Rules serve as a guideline for personnel
administration in the following areas:
A. Recruiting, selecting, and advancing employees on the basis of ability, experience, knowledge,
and skills.
B. Providing equitable and adequate compensation.
C. Training employees, as needed, to help achieve high performance and operating improvement.
D. Retaining employees on the basis of performance.
E. Assuring, in accordance with applicable laws, the fair treatment of all applicants and employees
in recruitment, selection, promotion, training, discipline, discharge and all other aspects of
personnel administration without regard to race, color, national origin, sex, religion, age marital
status, family relationship, sexual orientation, physical or mental disability (provided reasonable
accommodation can be made for any such disability), political affiliation, or any other
classification protected by Oregon or Federal law, and with proper regard for the privacy and
constitutional rights of applicants and employees.
F. Assuring that employees are protected against political coercion, are prohibited from using their
official position for the purpose of interfering with or affecting the result of an election or a
nomination for office and, except for receipt of official compensation, are prohibited from using
their official position for the personal benefit or gain of the employee and/or the employee's
relatives.
(Ord. 2002-024 § 1, 2002)
3.04.020. Employee Acknowledgment.
Each County employee shall acknowledge, by signature on a form approved by the Personnel
Department, that the employee has received, read and understands the Personnel Rules.
(Ord. 2002-024 § 1, 2002)
3.04.030. Personnel Rules not a Contract.
The Personnel Rules are not a contract, either express or implied. Employment with Deschutes
County is at-will which means that either Deschutes County or the employee can terminate the
employment relationship at any time for any reason. Deschutes County reserves the right,
unilaterally and without notice, to revise, add to, delete, supplement, or rescind all or any part of the
Personnel Rules, including any practices or procedures followed or permitted, and any benefits
Chapter 3.04 1
(10/2006))
provided which are not otherwise required by law or which are the mandatory subjects of
bargaining under an existing Collective Bargaining Agreement. Employees will be notified in
writing of any changes to the Personnel Rules.
(Ord. 2002-024 § 1, 2002)
3.04.040. Adoption, Amendment, Administration
A. Adoption. Personnel Rules are adopted by County ordinance. The Personnel Rules become
effective in the same manner as any other County ordinance and will be made available in the
Personnel Department and in all departments. If the County maintains an Internet or Intranet
site or sites, the Personnel Rules shall be available for viewing on the County Internet site and
the County Intranet site.
B. Amendment. A request for a change in the Personnel Rules may be submitted to the County
Administrator in writing at any time by the Board of County Commissioners, any Department
Head or any employee. All amendments or changes to the personnel Rules must be approved
by the Board of County Commissioners and shall be adopted by County ordinance.
C. Administration of Rules: The County Administrator, through his or her administrative
departments and offices, shall be responsible for the administration and management of the
County, including the administration of these Personnel Rules and the day-to-day needs of the
County personnel system. The County Administrator shall make recommendations to revise
these rules, administer the classification and compensation plan and implement such policies
and procedures as may be necessary to implement and administer the Personnel Rules.
(Ord. 2002-024 § 1, 2002)
3.04.050. Equal Employment Opportunity
Deschutes County is an equal opportunity employer and does not discriminate against any
employee or applicant for employment with respect to any aspect of recruitment, selection,
employment or advancement on the basis of race, color, national origin, sex, religion, marital status,
family relationship, sexual orientation, age, physical or mental disability (provided reasonable
accommodation can be made for any such disability), political affiliation, or any other classification
protected by Oregon or Federal law.
Chapter 3.04 2
(10/2006))
3.08. APPLICATION OF PERSONNEL RULES TO COUNTY EMPLOYEES
3.08.010.
Application of Personnel Rules.
3.08.020.
Represented Employees.
3.08.030.
At-Will and Contract Positions.
3.08.040.
Personnel Services Contracts.
3.08.050.
No Guaranteed Employment.
3.08.060.
Amendment or Modification of Personnel Rules.
3.08.070.
Deputy District Attorneys.
3.08.090.
Department Policies.
3.08.010. Application of Personnel Rules.
The Personnel Rules apply to all County employees, including all deputies and employees working
under an elected official, except as otherwise set forth in this chapter.
(Ord. 2002-024 § 1, 2002)
3.08.020. Represented Employees.
Employees subject to a collective bargaining agreement are Subject to the Personnel Rules to the
extent the Personnel Rules do not conflict with the terms of the applicable collective bargaining
agreement. In the event of conflict between the terms of a collective bargaining agreement and the
Personnel Rules, the terms of the collective bargaining agreement will control.
(Ord. 2002-024 § 1, 2002)
3.08.030. At-Will and Contract Positions.
A. The County may create "at-will" and "contract" positions at its discretion. The County can
designate any new employee or position as an at-will or contract employee or position, unless
such designation is prohibited by statute or by the terms of an applicable collective bargaining
agreement. The County may enter into individual employment agreements that supersede all or
any portion of the Personnel Rules. At-will employees have the right to resign their position
with County at any time for any reason. The County may terminate the employment of an at-
will employee at anytime, for any reason, with or without notice, and with or without cause.
The Contract of an employee providing services to the County under an employment agreement
shall be governed by the terms of the employment agreement.
B. Temporary Employees. All tempurary employees are at-will employees.
(Ord. 2002-024; § 1, 2002)
3.08.040. Personal Services Contracts.
Any person providing services to County under a personal services contract is an independent
contractor and is not an employee for any purpose of the Personnel Rules.
(Ord. 2002-024 § 1, 2002)
3.08.050. No Guaranteed Employment.
The Personnel Rules do not provide any guarantee of employment or guarantee of employment for
any definite period of time.
3.08.060. Amendment or Modification of Personnel Rules.
The Personnel Rules may only be amended or modified by the Board of County Commissioners.
No department head, manager, supervisor or employee has any authority to waive, amend or modify
Chapter 3.08 1 (10/2006)
the Personnel Rules. Only the Board of County Commissioners or the County Administrator has
the authority to enter into an employment agreement or contract of employment with any employee.
(Ord. 2002-024 § 1, 2002)
3.08.070. Deputy District Attorneys.
Deputy District Attorneys are at-will employees and, as such, may resign from their position or
have their employment terminated at any time, for any reason, with or without notice and with or
without cause. Deputy District Attorneys are subject to appointment, promotion, demotion, re-
assignment within the office of the elected District Attorney, discipline or discharge at the sole
discretion of the elected District Attorney. Only Steps I and H of the grievance procedure shall be
available to Deputy District Attorneys.
(Ord. 2002-024 § 1, 2002)
3.08.090. Department Policies.
A. Because of the number and diversity of County departments, it is expected that different
operating policies and procedures may be necessary for the efficient and effective operation of
the different County departments.
B. Each department head may establish operating policies and procedures for the department
head's department for the purpose of addressing operating issues that are unique to that
department. However, no department policy regarding personnel matters shall be effective until
the department rule or policy is reviewed and approved in writing by the County Administrator
and Deschutes County Legal Counsel. Department policies may not conflict with the Personnel
Rules and may not be less restrictive than the Personnel Rules or any countywide personnel
policies approved by the Board. In the event of any conflict between any Department policy
and the Personnel Rules, the Personnel Rules will control.
C. Departments proposing to establish a department-specific personnel policy must provide the
proposed policy in writing to the County Administrator. The County Administrator will consult
with Deschutes County Legal Counsel regarding the proposed policy. If the proposed policy is
approved by the County Administrator and Deschutes County Legal Counsel, it may be
implemented by the department.
D. A copy of each policy implemented by a department shall be provided to the Personnel
Department and to each department employee and shall be made available for reference within
the department and in the Personnel Department.
(Ord. 2002-024 § 1, 2002)
Chapter 3.08 2 (10/2006)
3.12. RECRUITMENT AND APPOINTMENT OF EMPLOYEES
3.12.010. Recruitment.
3.12.020. Probationary Period.
3.12.030. Hiring Former Employees.
3.12.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees.
3.12.010. Recruitment of Employees.
A. It is the policy of Deschutes County to recruit and select the most qualified individuals for
employment with Deschutes County. Recruitment and selection shall be conducted to ensure
open competition, provide equal employment opportunity, and to prohibit discrimination
because of race, color, national origin, sex, religion, age, marital status, family relationship,
sexual orientation, physical or mental disability (provided 'reasonable accommodation can be
made for any such disability), political affiliation, or any other classification protected by
Oregon or Federal law. The Personnel Department is responsible for overseeing and
administering the recruitment and selection of Deschutes County employees.
3.12.020. Probationary Period
A. Represented Employees. For employees who are covered by a collective bargaining agreement,
the length and conditions of probationary (trial service) periods are provided for in the
applicable collective bargaining agreement. For information regarding probationary periods for
represented employees, refer to the appropriate collective bargaining agreement.
B. Non-represented Employees. All newly hired and newly promoted non-represented employees
are on probationary (trial service) status until they have completed at least 12 full months of
continuous employment with County and have received from their supervisor a written one-
year performance evaluation for which the employee is given an overall rating of meets or
exceeds standards. An Employee on probationary status is an at-will employee and as such,
may resign from his or her :position at any time, with or without cause and with or without
notice, and may have his or her employment terminated by County at any time, with or without
cause and with or without notice. The termination of employment of a probationary employee
may not be grieved. An employee on probationary status is not eligible to be removed from
probation and assigned regular employee status if the employee does not receive an overall
rating of meets or exceeds standards on the employee's one-year performance evaluation. Any
request for extension of probation shall be made by the department head to the County
Administrator and may only be granted by the County Administrator. Extensions of probation
will only be granted in unusual circumstances, shall be in 30-day increments and shall not
exceed 90 days total.
(Ord. 2002-024 § 1, 2002; Ord. 2001-032 § 1, 2001)
3.12.030. Hiring Former Employees.
A. Limited Option to Reinstate Former Employees. If an employee resigns his or her position with
the County in good standing, upon approval of the department head and the County
Administrator, the employee may be reinstated to his or her former position, without loss of
longevity or credit for prior County service, for a period of time not to exceed three (3) months
from the effective date of the employee's resignation so long as the employee's former position
has not been eliminated or filled through appointment or recruitment.
Chapter 3.12 1 (10/2006)
B. Other Former Employees. Former employees who are not eligible for reinstatement pursuant
to subparagraph A of this section and who are otherwise eligible for re-hire with County,
must follow the regular application, recruitment and selection procedures when applying for
vacant positions with County.
C. Re-hiring retirees. Individuals who retire from County service shall not be re-employed in a
position that would require Deschutes County to contribute into a retirement system at the
same time that the employee is receiving a pension payment from a County-funded retirement
plan. Such employees shall be hired as non-benefited extra help and shall be subject to the
restrictions of the Public Employee Retirement System as they relate to retired employees
returning to work for a PERS employer.
3.12.040. Hiring Relatives, Domestic Partners and Personal Acquaintances of Employees
A. The County's employment goal is to hire employees who are qualified and competent, using a
competitive process that is valid and fair. The County will maintain impartiality in recruitment
and hiring. The County will not give hiring preference to Relatives, Domestic Partners or
personal acquaintances of current employees.
B. Pursuant to ORS 659A.309 as it currently exists or may from time to time be amended, the
County shall not refuse to hire or employ an individual; bar or discharge from employment an
individual; or discriminate against an individual in compensation or in terms, conditions or
privileges of employment solely because a relative or member of an individual's family
works or has worked for Deschutes County.
C. No member of the family of an individual,:as the term "member of an individual's family" is
defined in ORS 659A.309(3), who is a County employee shall be permitted to serve in a
direct supervisory capacity over or under that individual If the hiring, assignment, transfer or
promotion of an individual would place the individual in a position of exercising supervisory,
appointment or grievance adjustment authority over a member of the individual's family or in
a position of being subject to the exercise of such authority by a member of the individual's
family, the county may deny such hiring, assignment, transfer or promotion of that individual.
(Ord. 2002-024 § 1, 2002; Ord. 2001-032 § 1, 2001)
Chapter 3.12 2 (10/2006)
3.20. HOURS OF WORK
3.20.010. Work Schedule.'
3.20.020. Meal Periods and Breaks.
3.20.030. Alternative Work Schedules and Job Shares.
3.20.040 Outside Employment
3.20.010. Work Schedule.
A. Reporting time. Employees must be at their designated workspace on time and ready to work.
Employees shall remain at their work area, at work, until the scheduled quitting time, unless
permission to leave earlier is granted by the employee's supervisor. If an employee is not able to
report for work, the employee must notify his or her supervisor, as soon as possible prior to the
employee's scheduled shift, his or her inability to report to work, the reason the employee is not
able to report to work, and the estimated length of time before the employee will be able to
return to work. An employee's failure to report to work without prior notification to the
employee's supervisor, shall be considered an implied resignation by the employee unless
circumstances beyond the control of the employee reasonably prevent the `employee from
reporting to work or notifying his or her supervisor.
B. Hours of work. Work hours are established by the County Administrator. Department heads
shall have personnel available to serve the public at all times during work hours, unless
otherwise authorized by the County Administrator. Department heads may establish flexible
work schedules, subject to approval by the County Administrator, provided other sections of the
Personnel Rules and the terms of any applicable collective bargaining agreement are complied
with.
C. Work week and work schedules. The standard work week for Deschutes County employees is
Sunday through Saturday. Except as may otherwise be defined in a collective bargaining
agreement, work schedules shall be determined by the department head, subject to approval by
the County Administrator.
(Ord. 2002-02,4 § 1,,2002)
3.20.020., Rest and Meal Periods.
A. Rest periods. Each employee shall be provided an uninterrupted rest period of 15 minutes for
every four hours in a work pcriod'to be taken as close as possible to the midpoint of each four
hour work period. Rest periods must be provided and taken separately from the employee's
meal period and cannot be saved up to lengthen the employee's meal period or to allow an
employee to leave work early.
B. Meal periods.
All employees who work more than six (6) hours in a work day shall be given a meal period
during the employee's work shift. Except when, due to the nature and circumstances of an
employee's work, an employee is required to remain on duty or to perform work tasks
during the employee's meal period, the employee's meal period shall be taken as close as
possible to the middle of the employee's work shift. Meal periods shall be at least thirty
(30) continuous minutes in length. During a non-duty meal period, an employee shall be
free to leave his or her work station and shall not be expected to perform any work. Meal
periods cannot be skipped or shortened to less than thirty (30) continuous minutes in length
to allow an employee to leave work early.
Chapter 3.20 1 (10/2006)
2. Non-duty meal periods and breaks are the employee's own personal time. In the event of an
emergency or other circumstance in which an employee is required by his or her supervisor
or department head to remain on duty or to perform work tasks during the employee's
designated meal period, the amount of time worked will be paid time. In the event time is
available closely before or after the employee's designated meal period, the employee will
be allowed to take an unpaid meal period at the available time shortly before or after the
employee's designated meal period.
(Ord. 2002-024 § 1, 2002)
3.20.030. Alternative Work Schedules.
Any employees interested in working an alternative work schedule must submit a written
request to work an alternative schedule to his or her department head. Alternative scheduling is
permitted only with approval of the employee's department head and will be permitted only if
departmental operations and public service requirements will not be affected adversely and the
altermative schedule does not otherwise conflict with these Personnel Rules, any applicable
collective bargaining agreement or any Oregon or federal wage and hour law.
(Ord. 2002-024 § 1, 2002)
3.20.040 Outside Employment
County employees may, in general, engage in employment outside their work for Deschutes
County. However, employees shall not utilize county time, materials, equipment or resources
for meeting such outside obligations, or allow such obligations to conflict with, or appear to
conflict with, the employee's work for Deschutes County or with the interests or business of
Deschutes County. No employee may perform any service or employment outside of County
employment for which the employee receives compensation during the employee's County
work hours. Employees may be subject to other requirements depending on department
needs. Any questions or concerns regarding an actual , potential or apparent conflict of
interest shall be resolved by the County Administrator.
Any outside employment or business obligations must not diminish the ability of an
employee to fulfill all their responsibilities to Deschutes County, or adversely affect
performance or the ability to render effective service in their capacity with Deschutes County,
as determined by the employee's department head. If, in the judgment of the department
head, an employee's outside employment adversely affects the performance of the
employee's duties to Deschutes County, the department head may require the employee to
terminate the outside employment. Under such circumstances, the failure or refusal of an
employee to terminate outside employment may be grounds for termination of employment
with Deschutes County.
If a County employee enters into a work relationship with another employer or agency, the
work performed for the non-County entity must be done outside the regularly scheduled hours
of work performed for Deschutes County. For example, an employee who is scheduled to work
from 8:00 a.m. to 5:00 p.m., may work after 5:00 p.m. at another job, but may not work from
2:00 p.m. to 3:00 p.m. for the other employer; in this case, neither would it be acceptable to
adjust the work schedule in order to work from 2:00-3:00 p.m. for another employer.
Employees may work during off-duty meal periods that are scheduled during the middle of the
employee's workday.
Chapter 3.20 2 (10/2006)
3.24. WAGE & SALARY ADMINISTRATION
3.24.010. Pay Plan.
3.24.020. Pay periods and pay days.
3.24.030. Wage and salary adjustments.
3.24.010. Pay plan.
The pay plan will include a schedule of rates of pay for all County positions. The objective of the
pay plan is to provide a competitive salary structure to recruit and retain qualified employees.
A. Pay grades will be established based upon the following factors:
1. The relative difficulty and responsibility of work;
2. The recruiting experience of the County;
3. The prevailing rates of pay in both public service and private industry;
4. Cost of living;
5. The financial policies of the County;
6. Internal equity; and
7. Other pertinent economic considerations.
B. The Personnel Department is responsible for the development of the Pay Plan. A County-wide
pay plan for all County positions shall be adopted annually by the Board of County
Commissioners as a part of the annual budget adoption process. Pay grade adjustments for
individual positions may be approved outside the budget process by the County Administrator
if no budget amendment is required to field such adjustments. The Personnel Department is
responsible for administration of the pay plan.
C. Pay rates.
1. Generally: Each employee is paid at one of the steps in the approved range for the
employee's position. No employee can receive base pay in excess of the established
maximum step for the range.`
2. Longevity pay. Longevity pay shall be provided per terms of the applicable collective
bargaining agreement. For employees not covered by a collective bargaining agreement,
the following rules shall apply:
a. Longevity is determined by an employee's continuous full-time or part-time service as
a County employee.
b. For employees working less than full time but at least half time, longevity shall be pro-
rated by the number of hours designated for the employee to work in his or her position
compared to the designated number of hours for a full-tim position. Employees
working less than half time shall not accrue longevity and shall not receive longevity
pay.
c. Longevity sliall terminate in the event of the following:
(1) Voluntary termination for more than three (3) months except under special
circumstances to be determined by the County;
(2) Discharge for cause;
(3) A lay-off of more than eighteen (18) months;
(4) An unexcused failure to report to work at the termination of an extended leave of
absence;
(5) Acceptance of other employment without permission while on a leave of absence;
or
(6) Retirement.
(Ord. 2002-024 § 1, 2002)
Chapter 3.24 1 (10/2006)
3.24.020. Pay periods and pay days.
A. General. Pay periods for County employees run from the first day of the month through the last
day of the same month, with payment for that period to be made on the last working day of the
month. If the last day of the month falls on a holiday or a weekend, payday for that will be the
last workday preceding the holiday or weekend.
B. Employees beginning employment on or before the 25"' of the month will receive their first
paycheck at the end of the month they begin their employment. Employees beginning work
after the 256' of the month will receive their first paycheck at the end of the month following
their first month of employment.
(Ord. 2002-024 § 1, 2002)
3.24.030. Wage and salary adjustments.
A. New employees. New employees shall be hired at the first step of the salary range. When a
new employee has extensive prior experience and the department head believes it is justified, an
employee may be hired at the second step of the salary range. Hiring at Step 3 or above
requires prior approval by the County Administrator. Such approval shall be granted only in
extraordinary circumstances.
B. Merit step/pay increases. In addition to cost of living increases and if funds are available and
appropriated, employees are eligible for merit increases, provided their performance has met or
exceeded performance standards established by the department head and/or the employee's
reviewing manager. Employees are eligible for consideration for merit increases on or after
their anniversary date (the date when the employee is taken ° off probation in the current
position). In order for an employee to receive a merit increase, =his/her department head must
complete a written performance evaluation of the employee with a recommendation for the
increase. Employees who are at the top step in their salary range are not eligible for merit
increases. Authorized increases will be determined by the adopted pay plan.
C. Cost of living increases. As part of the annual budget adoption process, the Board will
determine what cost of living increase, if any, will be applied to the County's pay plan.
Increases are contingent upon the availability of funds. Increases are not guaranteed and are
subject to the discretion of the Board.
(Ord. 2002-024 § 1, 2002)
Chapter 3.24 2 (10/2006)
3.30. PERSONAL CONDUCT
3.30.010.
Code of Ethics.
3.30.020.
Conflict of Interest
3.30.030
Political Activities.
3.30.040.
Personal Appearance, Dress and Grooming.
3.30.050.
Smoking or Use of Tobacco Products.
3.30.060
Acceptance of Gifts
3.30.010. Code of Ethics.
All County employees owe a duty to the County and its citizens to engage in 'duties for the County
in a manner that will merit the trust and confidence of the public. As such, all County employees
are expected to be fair, honest and ethical in their conduct, to adhere to the spirit and letter of all
applicable laws and regulations that apply to the performance of the employee's official duties and
to refrain from any illegal, dishonest or unethical conduct in the performance of the employee's
official duties.
All County employees are considered to be public officials. As such, each County employee is
subject to and expected to be familiar with and is expected to conduct himself or herself in
accordance with the State of Oregon Government Standards and Practices (Ethics) law (ORS
Chapter 244) as it currently exists or may from time to time be amended. The Ethics law provides,
in part: "No public official shall use or attempt to use official position or office to obtain financial
gain or avoidance of financial detriment that would not otherwise be available but for the public
official's holding of the official position or office, other than official salary,
honoraria... reimbursement of expenses or an unsolicited award for professional achievement for the
public official or the public` official's relative, or for any business with which the public official or a
relative of the public official is associated." Any violation by a County employee of State of
Oregon Ethics laws is a violation of the Deschutes County Personnel Rules.
If a situation occurs in which an employee does not know if his or her conduct violates or might
violate this code of ethics, the employee shall bring the situation to the attention of the employee's
immediate supervisor or Department Head to determine an appropriate course of action.
Full compliance with this code of ethics is the responsibility of each County employee. Any
violation by any Employee of any part of this code of ethics will subject the employee to
disciplinary action up to and including possible termination of employment. In addition, any
employee accused of a violation of Oregon Government Standards and Practices law shall be solely
responsible for the costs of their defense before the Government Standards and Practices
Commission, but shall be reimbursed for such defense costs if fully exonerated by the Commission.
3.30.020 Conflict of Interest
Deschutes County employees shall refrain from engaging in any activity, practice, or act which
actually conflicts with, potentially conflicts with, or gives the appearance of conflicting with the
interests of Deschutes County, its customers, or its suppliers. A potential conflict of interest exists
when an employee takes action that reasonably could be expected to have a financial impact on
that employee, a relative of the employee, or on a business with which the employee or the
employee's relative is associated. An actual conflict of interest occurs when an action is taken
that directly and specifically affects land, a business, or any other financial interest of an
employee or an employee's relative and is reasonably certain to result in a financial impact. For
Chapter 3.30 1 (10/2006)
the purpose of this section only, relative means the spouse, parents, children, brothers and sisters
of either the employee or the employee's spouse.
Examples of Prohibited Actions:
1. Employees shall refrain from accepting gifts, favors, services or promises of future
employment that could possibly relate to or is intended to influence the performance of their
official duties. This section is not intended to conflict with section 3.30.060, below
2. Employees shall not use their position to gain special privileges and benefits or to avoid
financial detriment that would not otherwise be available or avoidable but for the position
held by the employee.
3. No employee shall further, or attempt to further, the personal gain of any county employee or
relative through the use of confidential information gained in the course of performing her/his
county employment, official position or activities.
4. Employees shall not participate, directly or indirectly, in any business enterprise which might
inappropriately influence their official decisions and judgments.
5. Employees shall not hold any position with any business enterprise or goveminenta`1 unit
which would conflict with the proper performance of their duties or responsibilities, or which
could influence their judgment in their conduct of business between the county and such
business enterprise or governmental unit.
6. Employees who conduct private business which requires access to public county records shall
have access to that information only during off-duty time (i.e., lunch hour). Such employees
shall not be given special access or special privileges, such as not imposing a fee for a service
that is generally fee-based or allowing the employee =to review confidential information which
is not afforded to members of the general public, under any circumstances.
7. Employees are not to engage in, directly or indirectly, either on or off the job, any conduct
which is disruptive, competitive, or damaging to Deschutes County.
8. Employees are not to accept any employment relationship with any organization that does
business with Deschutes County which would inappropriately influence the performance of
their official duties. This prohibition on employment includes serving as an advisor or
consultant to any such organization, unless that activity is conducted as a representative of
Deschutes County.
9. Employees must disclose any financial interest they or their relatives have in any firm which
does business with Deschutes County. Deschutes County may require divestiture of such
interest if it deems the interest to be in conflict with the best interests of Deschutes County.
These examples of prohibited actions are intended to illustrate types of actions that create a
conflict of interest, a potential conflict of interest, or the appearance of a conflict of interest.
These examples are not intended to be exhaustive or to limit the types of actions that are
prohibited by State of Oregon ethics laws or Deschutes County policy.
3.30.030. Political activities.
Employee involvement in certain political activities is protected under the First Amendment.
However, under state and federal law, there are some restrictions on the political activities of public
employees. County employees are expected to be familiar with and to comply with these laws as
they currently exist or may from time to time be amended.
Chapter 3.30 2 (10/2006)
Oregon law (ORS 260.432(2)) requires that: "No public employee shall solicit any money,
influence, service or other thing of value or to promote or oppose any political any political
committee or to promote or oppose the nomination or election of a candidate, the gathering of
signatures on an initiate, referendum or recall petition, the adoption of a measure or the recall of a
public office holder while on the job during working hours. However, this section does not restrict
the right of a public employee to express personal political views."
The Hatch Act (federal law) further requires that employees whose principal job responsibilities are
financed in whole or in part from loans or grants made by the federal government may not use their
official influence to interfere with or affect the result of an election or a nomination for office. An
employee covered by the Act may not, either directly or indirectly, coerce or advise another
employee to contribute anything of value in any form whatsoever to any organization or agency for
political purposes.
The expression of personal political views while on the job during working hours is permitted only
to the extent that such expression does not interfere with the performance `of the employee's duties
or performance of the duties of other employees. While on the job, during working hours, any
comment or suggestion to fellow employees or the public to vote a certain way is prohibited, even if
it does not interfere with the performance of duties of the Employee or other Employees. Politically
related activities such as fundraising, soliciting volunteers help on political campaigns or
disseminating partisan election material is prohibited while on the job during working hours.
3.30.040. Personal appearance, dress and grooming.
The County respects each employee's individuality and expects that each employee will use
common sense in choosing appropriate clothing to wear while performing duties for County. The
County does expect its employees to present a clean and professional appearance at work.
employees should dress and `groom themselves in accordance with the requirements of their position
and accepted social standards, particularly if the employee's job duties involve in-person contact
with the public.
Each County department may establish appearance, dress and grooming standards for the
department's employees which may include the requirement that department employees wear a
uniform, as prescribed by the department, while on duty.
If an employee's immediate supervisor or department head feels that an employee's personal
appearance, dress or grooming is inappropriate or offensive, the employee's supervisor or
department head may require the employee to leave the workplace until the employee's appearance,
dress and grooming is appropriate for work.
If an employee is required to leave work because of inappropriate appearance, dress or grooming,
the employee will not be compensated for the time away from work. If an Employee fails or
refuses to comply with a lawful directive of a supervisor or department head to change appearance,
dress or grooming that the supervisor or department head determines is inappropriate or offensive,
the employee will be subject to disciplinary action, up to and including possible termination of
employment.
Notwithstanding the foregoing, County shall make reasonable accommodations for appearance,
dress or grooming to a person with a legally protected disability or to accommodate a bona fide
religious belief.
Chapter 3.30 3 (10/2006)
3.30.050. Smoking or use of tobacco products.
Smoking or use of tobacco products is prohibited in all County buildings, vehicles and equipment.
Employees may only smoke or use tobacco products in designated areas outside County buildings,
vehicles or equipment.
Employees may only use designated break and meal periods for smoking or use of tobacco
products. Additional breaks for smoking or use of tobacco products are not permitted.
In addition, County facilities located in incorporated cities whose governing bodies adopt
ordinances establishing rules and regulations with regard to smoking shall be subject to the terms
and conditions of said ordinances. In those instances when city ordinances are more restrictive
than state law or this policy, the city ordinance shall apply.
3.30.060 Acceptance of Gifts
The provisions of Oregon Government Standards and Practices law notwithstanding, County
employees, acting in their official capacity, shall not accept any gift from any source with a value in
excess of $100 nor, in the course of a calendar year, smaller gifts from a single source with an
aggregate value exceeding $100. Gifts received by county employees, valued at $100 or less, shall,
to the extent practical, be shared with other employees in the employee's department. County
employees may accept gifts with de minimis value, such as caps, coffee mugs, pens and
paperweights, and are not expected to share such gifts. Gifts with -a value in excess of $100 shall be
returned to the sender or shall be donated to a charitable organization.
(Ord. 2002-024 § 1, 2002)
Chapter 3.30 4 (10/2006)
3.44. DISCIPLINE AND DISCHARGE.
3.44.010. Discipline.
A. General. Regular employees may be disciplined for cause as determined by the employee's
supervisor, department head, or the County Administrator. Probationary, temporary, limited
and on-call employees are subject to discipline by the employee's supervisor, department head
or County Administrator and, as at-will employees, may be discharged with or without notice
and with or without cause..
B. Forms of Discipline. In general, the County will follow principles of progressive discipline
when implementing discipline. However, the form of discipline to be imposed in a particular
situation will depend on factors such as the severity of the offense, the number of occurrences
of the same or similar offenses, the employee's work history and record of prior discipline with
the County and any other relevant factors. Disciplinary action will generally be one or more of
the following steps:
1. Oral warning.
2. Written reprimand.
3. Suspension.
4. Demotion.
5. Discharge.
County reserves the right, depending on the circumstances of the particular situation, not to
follow progressive discipline and to implement or impose one or more of these disciplinary
actions, to bypass one or more of these disciplinary actions or to take or implement other forms
of disciplinary action if determined to be appropriate by the employee's supervisor, department
head, or the County Administrator. County further reserves the right to implement or impose
non-disciplinary actions that may be appropriate as part of a corrective action plan, including,
but not limited to, performance evaluations, work plans, last chance agreements, additional
supervision or training, restructuring of job assignments, or other actions as deemed
appropriate.
C. Discharge.
1. Discharge of regular employees: Regular employees may be dismissed from County
service for cause as determined by the employee's department head or the County
Administrator.
2. Discharge during probationary period: All employees on probation are at-will employees
and may be disciplined or discharged with or without case and with or without notice as
detenmined by the employee's department head or the County Administrator.
3. Discharge of temporary, limited and on-call employees: Temporary, limited and on-call
employees are at-will employees and may be disciplined or discharged with or without
cause and with or without notice as determined by the employee's department head or the
County Administrator.
4. Employees who are discharged for cause are not eligible for rehire in any County
Department unless rehire is approved by the Board of County Commissioners.
D. Appeals of Disciplinary Actions (non-represented employees only).
Disciplinary actions imposed on non-represented employees that are otherwise subject to the
grievance process may be grieved under the provisions of DCC 3.46. Discharge of
probationary employees is not subject to the grievance process.
(Ord. 2002-024 § 1, 2002)
Chapter 3.44 1 (10/2006)
3.46. GRIEVANCES.
3.46.010. Grievance policy and procedure.
The County will promptly consider and respond to employee grievances relating to discipline or
discharge, to the application of the Personnel Rules or to terms and conditions of employment. The
County prefers to correct informally the causes of grievances and encourages supervisors and
employees to address and resolve problems as they arise. If the cause of a grievance cannot be
adjusted informally, the grievance procedures of the applicable collective bargaining agreement shall
apply. If the employee is not covered by a collective bargaining agreement, the following steps shall
be followed in submitting and processing a formal grievance:
A. Procedure.
1. STEP 1: The aggrieved employee or group of employees shall verbally present the
grievance to the immediate supervisor within fifteen (15) calendar days of the occurrence of
the problem or within fifteen (15) calendar days of the time the employee or group of
employees become aware of the problem. The supervisor shall give his/lier response within
fifteen (15) calendar days of the date of the presentation of the grievance, not including the
date of presentation.
2. STEP II: If the grievance is not fully settled at Step 1, it shall, in detail, be reduced to
writing, dated, signed by the aggrieved employee or group of employees, and presented by
the aggrieved employee or group of employees to the department head within fifteen (15)
calendar days after the supervisor's response is given, not including the date of the response.
The department head shall respond in writing to the grievance within fifteen (15) calendar
days of the date of the presentation of the written grievance, not including the date of
presentation.
3. STEP III: If the grievance is not settled at Step 11, the written grievance shall be presented
by the aggrieved employee or group of employees, along with all pertinent correspondence,
records and information, to the County Administrator within fifteen (15) calendar days after
the department head's response is given, not including the date of the response. The County
Administrator may meet with the aggrieved employee or group of employees, the
immediate Supervisor, and/or the department head. The County Administrator shall respond
to the grievance in writing within fifteen (15) calendar days after the date of presentation of
the written grievance, not including the date of presentation.
4. STEP N: If the grievance of a suspension without pay, demotion or discharge is not settled
at Step 111, the grievance shall be submitted in writing to the Board of County
Commissioners within fifteen (15) calendar days after the County Administrator's response
is given, not including the date of the response. If the grievance relates to the suspension
without pay, demotion or discharge of an employee, the Board will hold a hearing if
requested by the employee before issuing a response. If a hearing is not requested by the
employee, the Board, at the Board's discretion, may hold a hearing before issuing a
response. The decision of the Board shall be final and binding. The Board, at the Board's
option, may request advisory arbitration prior to a hearing before the Board.
B. Oral warnings are not subject to the grievance process.
C. Performance evaluations can only be grieved through Step II of the grievance procedure.
D. Written reprimands can only be grieved through Step III of the grievance procedure.
Chapter 3.46 1 (10/2006)
E. Time limits. If the grievance procedures established by this section are not initiated by an
aggrieved employee or group of employees within the time limits set forth in this section, the
grievance shall be dismissed and it shall be considered that the grievance did not exist. If the
County fails to respond to any grievance within the time prescribed for a response, the grievance
will automatically advance to the next step.
F. Extension of time limits. The time limits for the initiation and completion of the steps of the
grievance procedure may be extended by mutual consent of the parties involved, which should
be documented in writing.
G. At-Will Employees. Actions taken related to probationary, temporary, limited, on-call and other
at-will employees may only be grieved through Step II of the grievance process. Employees in
these classifications are considered "at-will" employees and, as such,, can terminate their
employment with County or be terminated by County at any time with or without notice and
with or without cause.
H. Prohibited practices. No employee may be disciplined, retaliated against or discriminated
against in any way because of the employee's use of the grievance procedure.
(Ord. 2002-024 § 2, 2002)
Chapter 3.46 2 (10/2006)
3.48. TERMINATION OF EMPLOYMENT.
3.48.010.
Voluntary terminations.
3.48.020.
Involuntary terminations.
3.48.030.
Seniority.
3.48.040.
Recall after layoff.
3.48.050.
Death.
3.48.060.
Payoff at termination.
3.48.070.
Exit interviews.
3.48.010. Voluntary terminations (resignation).
To resign in good standing, a non-exempt employee must give the employee's department head or
the County Administrator a written notice of resignation at least 14 calendar days prior to the
effective date of the employee's resignation. The employee's' department head, or the County
Administrator may agree to a shorter period of notice if an employee so requests, in writing, and
provides a suitable explanation for the shorter notice period. An employee who fails to provide 14
calendar days notice and fails to obtain permission for a shorter notice period may not be eligible
for rehire. Employees must be present and on the job for one full week immediately prior to their
termination. The employee must work on the actual date of termination. If an employee uses any
type of paid or unpaid leave during their final week of employment, they may not be eligible for
rehire. Employees may be asked to bring in a physician's note to prove they were sick during their
final week of employment which might, at the County's discretion, help to maintain the employee's
eligibility for rehire. If the final five days are not worked, it is in the County's discretion to alter the
termination day.
Upon receipt of a notice of resignation, the County reserves the right, at the County's option, to
designate a termination date which is earlier than the termination date designated by the
employee. If the County elects to designate an earlier termination date, the County shall pay the
employee all wages and benefits the employee would have accrued if the employee had worked
through the termination date designated °bythe employee.
(Ord. 2002-024 § 1, 2002)
3.48.020: Involuntary terminations.
A. Layoffs/reductions in force.
Changes in the duties of the organization, a reduction in approved positions, lack of work, or
shortage of funds may result in the layoff of employees. The County may transfer affected
employees into vacant positions for which the affected employees are qualified, in the judgment
of the hiring manager. When layoffs are required, the County will base layoff decisions on the
following factors:
1. Job skill level;
2. Ability;
3. Experience;
4. Education;
5. Training;
6. Work record;
7. History of discipline and/or corrective actions;
8. Knowledge of the program, department, and organization;
9. Special skills or certifications;
10. Longevity; and
Chapter 3.48 1 (10/2006)
11. Value to the County's operations.
12. Seniority may be considered when the qualifications and abilities of employees are
relatively equal.
Whenever feasible, the County will lay off temporary employees first, and then part-time
employees, full-time probationary employee's next and full-time regular employees last. The
County shall notify affected employees of a layoff at least 30 days in advance of the lay off.
B. Disciplinary discharge. Refer to DCC 3.44 - Discipline and Discharge.
(Ord. 2002-024 § 1, 2002)
3.48.030. Longevity and Seniority.
A. Seniority is defined as meaning the length of an employee's continuous fall-time service with a
County department.
B. An employee loses all longevity and seniority in the event of.
1. Voluntary termination;
2. Discharge for cause;
3. A layoff period greater than eighteen (18) months;
4. Failure to report to work at the termination of a leave of absence.
5 Acceptance of other employment without permission of °County while on a leave of
absence;
6. Retirement.
C. An employee shall not lose seniority with the department if the employee transfers from one
division to another within the same department.
(Ord. 2002-024 § 1, 2002)
3.48.040. Recall after layoff.
If the County Administrator gives approval to rehire after a layoff, department heads will rehire
employees in the inverse order of lay off; employees laid off last shall be called back first.
Employees will retain a right to recall for eighteen (18) months from the effective date of a layoff.
When employees are recalled from a layoff, notice of recall from a layoff longer than five calendar
days shall be by certified mail, return receipt requested, sent to the employee at the employee's last
known address. Employees are obligated to notify the Deschutes County Personnel Department in
writing of any change of address for the employee. For layoff periods of five calendar days or less,
in person or telephone notice from a County representative will suffice.
An employee notified of a recall from a layoff of five calendar days or less shall have five calendar
days to respond to the recall notice. An employee notified of a recall from a layoff of more than
five calendar days shall have ten (10) calendar days to respond to the notice of recall. If an
employee does not respond to a notice of recall within the applicable time period as designated in
this section, the employee will lose all recall rights.
(Ord. 2002-024 § 1, 2002)
3.48.050. Death.
In the event of the death of a County employee, all wages earned and unpaid to the employee,
vacation or time management leave, accrued and unused compensatory time off shall be paid to the
employee's estate.
Chapter 3.48 2 (10/2006)
The Personnel Department shall contact surviving dependants listed in County records regarding
any benefits that may be available as a result of the employee's death.
(Ord. 2002-024 § 1, 2002)
3.48.060. Final Paycheck.
Final paychecks will be delivered to separating employees in accordance with Oregon law. Any
payment for accrued and unused vacation or time management leave or compensatory time off will
be paid with the employee's final paycheck.
(Ord. 2002-024 § 1, 2002)
3.48.070. Exit interviews.
A. Purpose.
The purpose of the exit interview is to:
1. Further good public relations by helping to correct misinformation or address negative
attitudes.
2. Further good employee relations by letting the employee know that the County is interested
in the employee's future plans. The interviewer can also provide information and' assistance
to the department.
3. To gain insight into the effectiveness of County personnel and management practices, to
determine where personnel policies and procedures may be in need of review or revision,
and to determine whether supervisory or managerial practices need review, modification or
improvement.
4. To provide the employee with information related to the employee's separation from
employment with County, including, but not limited to, information related to continuation
of health benefits for the employee and any dependants of the employee.
B. Conducting the exit inter\ iew. Unless waived by the County Administrator, an exit interview is
to be conducted with every employee separating from a benefited County position, regardless of
length of service, position, or the circumstances of separation.
C. Responsibility of Personnel Department. The Personnel Department shall conduct all exit
interviews. The Personnel Department will analyze the results of each interview to determine
how the information received may relate to current personnel policies and procedures and
whether any changes in County employment policies or procedures may be needed or
beneficial.
D. Timing of interview. Department heads are responsible for notifying the Personnel Department
as soon as they learn that an employee is separating from County employment. The Personnel
Department will then schedule a time and place for the interview.
E. Forms and records. The results of exit interviews will be recorded on forms prescribed by the
Personnel Department. The record of the interview shall be maintained by the Personnel
Department.
(Ord. 2002-024 § 1, 2002)
Chapter 3.48 3 (10/2006)
`TFC ~
Deschutes County Administrative Policy No. HR-1
o`? Effective date:
CLASSIFICATION OF POSITIONS
STATEMENT OF POLICY
It is the policy of Deschutes County that all positions shall be classified in a consistent
and comprehensive manner, according to job specifications, without favoritism or undue
influence.
APPLICABILITY
This policy applies to all County employees
POLICY AND PROCEDURE
Classification plan
The classification plan consists of job positions in the County defined by job specifications and
identified by titles. The classification. plan shall be developed and maintained so that all
substantially similar jobs (with respect to duties, responsibilities, authority and character of work)
are included within the same position description and pay grade. Copies of the classification plan
and position descriptions are available through the Personnel Department and the County intranet.
The classification plan shall be based on a uniform system of position descriptions for each job
position. Each position description shall contain a descriptive title for the job class and a general
written description of the duties and responsibilities of the job class. Position descriptions take into
consideration the general requirements of the job and list essential functions of the position.
Position descriptions do not necessarily include all duties of the position involved, or work
assignments assigned by the employee's supervisor or department head. Position descriptions will
be maintained in the Personnel Department. Department heads are responsible for ensuring that the
Personnel Department has current and accurate information, and may be asked to provide draft
position descriptions for their respective departments, using a form prescribed by the Personnel
Department.
Plan review
The County may, at its discretion or per the terms of a collective bargaining agreement, review the
classification plan for purpose o£
• Determining whether the plan accurately reflects actual job conditions; and/or
• Assuring that positions are properly classified; and/or
• Recommending amendments and adjustments to the classification plan.
New positions
A department head who wishes to create a new position description must make a request to create
the position in writing to the County Administrator. The County Administrator will then direct the
Personnel Department to study the request in accordance with this policy and make
recommendations to the County Administrator for approval or disapproval of the request. No
person can be hired to fill the position until the County Administrator approves the new position
description and a pay grade. Creation of a new position outside of the regular budget review and
Policy # HR-1, Classification of positions Page 1
adoption process that increases the FTE in the department's adopted budget must be approved by
the Board of Commissioners. Recruitment, selection and compensation for the position will be in
accordance with the Deschutes County Personnel Rules and applicable administrative policies.
Reclassification of positions
A reclassification review of an individual position or group of positions within a department can
be requested by any department head. The department head requesting the reclassification review
must complete and submit to the Personnel Department a written request on a form specified by
the Personnel Department. In consultation with the department head, the Personnel Department
shall review the duties of the position as well as the experience and training required for the
position. The Personnel Department shall review the request and recommend that the position be
included in an existing position or create a new position if the position does not fit within an
existing job classification. Positions may be reclassified whenever the duties of the position
change materially, provided the reclassification can be accomplished within the limitations of the
current budget.
Pay Grade Adjustment Resulting from Reclassification or Salary Review
When a reclassification or salary review results in a position being moved to a new pay grade,
incumbent employees in the position(s) shall be moved to the step in the new grade that is closest to
but higher than their step in the old pay grade. When a reclassification or salary review results in a
position being moved to a lower pay grade and the pay of incumbent employees in the position(s) is
higher than the top step of the new grade, the pay of the incumbents shall be frozen until cost of
living increases bring the new pay grade up to the frozen level.
Pay grade adjustments shall be effective on the first of the month following the date they are
approved by the County Administrator. There shall be no retroactive pay.
Review of classification decisions'
Classification and reclassification decisions are the responsibility of the Personnel Department. If a
department head is not satisfied with the reclassification decision made by the Personnel
Department, the decision can be submitted to the County Administrator for review. The decision of
the County Administrator shall be final and binding.
Approved by the Deschutes County Board of Commissioners (((((date))))))
Dave Kanner
County Administrator
Policy # HR-l, Classification of Positions Page 2
Usk-- oG Deschutes County Administrative Policy No. HR-2
o { Effective Date:
SELECTION AND SCREENING OF APPLICANTS FOR
VACANT POSITIONS
STATEMENT OF POLICY
It is the policy of Deschutes County to be fair and consistent in the screening of applications for
vacant County positions and to conduct such screening in a manner that ensures an arms-length
relationship between the applicants and the hiring manager.
APPLICABILITY
This policy applies to the Personnel Department, as well as all department heads, managers and
supervisors.
POLICY AND PROCEDURE
Posting of Vacant Positions
The Personnel Department, in consultation with the supervisor and department head of the
department recruiting for a position, will determine whether the vacancy will be posted internally,
externally, or both. If the vacancy is posted externally, the Personnel Department will issue job
announcements and otherwise publicize vacancies through such media as is deemed appropriate by
the Personnel Department. If the vacancy is posted internally, the Personnel Department will
distribute announcements to County employees and post them in the Personnel Department as well
as on the County intranet site if an intranet site is maintained by County. Posting of job vacancies
shall be conducted for a sufficient period of time to ensure a reasonable opportunity for people to
apply and be considered for the advertised position.
Application forms
All applications for employment are to be made on forms prescribed and approved by the County
Administrator. All applications must be signed and dated. Failure to provide complete and
accurate information on a County job application or providing false or misleading information on a
County job application shall be grounds to disqualify the applicant from consideration for
employment with Deschutes 'County or for dismissal from employment with County. All
employment applications submitted to Deschutes County for any opening become the property of
Deschutes County and are to be used only for purposes of Deschutes County.
Selection/screening process
The Personnel Department '-will screen all applicants to determine which applicants meet minimum
requirements and recommend to the department head or selection committee those applicants who
meet the requirements for the position. When hiring to fill supervisory and management positions,
a selection committee will be formed to review applications and recommend to the hiring authority
the top applicant for the position. The selection committee should be composed of the position's
immediate supervisor (if other than the Board), the County Administrator or department head (or
the administrator's or department head's designee), and one or more other persons selected by the
department head. The selection committee is responsible for interviewing applicants and
recommending for hire the top applicant. No position shall be filled without first interviewing an
appropriate number of qualified applicants. A conditional offer of employment may be made by the
department head subject to final approval by the County Administrator.
Policy # HR-2, Screening and Selection Page I
Testing guidelines
The type of test, examination or evaluation given will vary for each position. The evaluation
process may include one or more of the following types of tests, examinations or evaluations,
depending on the requirements of the position:
• Supplemental questionnaire;
• Multiple choice, true/false or essay examination;
• Performance tests to include tests of manual and other skills and abilities to perform the
work involved in the position applied for;
• Computer skills evaluation;
• Typing skills test;
• Practical examinations, such as assessment centers, to test reactions and judgments under
simulated job conditions;
• Physical examination;
• Physical capacity evaluation;
• Psychological evaluation;
• Panel interview;
• Other job-related testing or evaluations.
Accommodation of disabilities during selection process
In accordance with the Americans with Disabilities Act, Deschutes County will afford applicants
with disabilities reasonable accommodation during the application process. Applicants with
disabilities will be provided with access to application materials and interview sites. Reasonable
accommodation will be made when administering any required pre-employment test, examination
or evaluation. Applicants may be asked if they need any accommodation to complete the
application and/or testing process.
Job offers
A written job offer letter from the Personnel Department. is required for all new hires, and for all
transfers and promotions. The job offer letter must be signed by the applicant before work begins.
All offers of employment must come from the Personnel Department and must be signed by the
department head and the County Administrator.
Disqualifications
The County may disqualify any applicant who does not meet the minimum qualifications
established for the position or who is determined to be unsuitable for the position. Applicants may
also be disqualified if the applicant:
• Has provided false, incomplete, inaccurate, or misleading information on the application or
during the interview process;
• Is unable, with o)r without reasonable accommodation, to perform the essential functions of
the position;
• Has been convicted of any felony or any misdemeanor or crime involving theft, dishonesty
or moral turpitude;
• Has an unsatisfactory employment record demonstrating unsuitability for the position
applied for;
• Is a member of an organization which advocates the overthrow of the government of the
United States by force or violence;
Policy # HR-2, Screening and Selection Page 2
• Does not sign and date the application;
• Does not complete the application as specified on the application form.
• Fails the drug screening requirements of Policy No. HR-8, Drug-Free Workplace.
Approved by the Deschutes County Board of Commissioners (((((date))))))
Dave Kanner
County Administrator
Policy # HR-2, Screening and Selection
Page 3
Deschutes County Administrative Policy No. HR-3
Effective Date
0 {
i
BACKGROUND CHECKS
STATEMENT OF POLICY
It is the policy of Deschutes County to ensure that all individuals who are employed by the County
are well qualified, by conducting background checks of all applicants.
APPLICABILITY
This policy applies to the Personnel Department, all hiring n an tgers and all job applicants,
including applicants who are currently employed by Deschutes County.
POLICY AND PROCEDURE
In General
All applicants for jobs with Deschutes County shall be subject to a thorough investigation of past
employment and employment-related activities, including checking employment references.
Additional background checks may include, at County's option, criminal record checks and credit
history checks depending on the nature and requirements of the position applied for.
Job announcements will state if finalists for the positions may be subject to a pre-employment
background investigation. The department director, along with the Personnel Department, will
determine which type(s) of background investigations will be required. Background
investigations can be conducted prior to or following a conditional job offer. All finalists will be
notified in writing that the job offer is contingent upon the County review in its sole discretion of
the pre-employment background investigation, and they will be required to sign an authorization
form permitting access to information and records regarding their work history and background.
If an applicant refuses to sign the form authorizing the County to conduct the background
investigation, the applicant will be removed from consideration for the position. The same
process will be followed for current employees who are being promoted or reassigned to the
specified 'positions. Criminal and civil records generally will be searched for any conviction
history as an adult (dating back' to the applicant's/employee's 18th birthday). Juvenile records
generally will not be searched.
The Personnel Department will review the criminal history record with the hiring department's
director for his or her consideration in making the selection. The results of background
investigations are considered confidential records and will be withheld from public disclosure to
the full extent allowed by law. An individual's unauthorized access to or disclosure of these
records is subject to discipline, up to and including termination.
Classifications Requiring Criminal Record Checks
Applicants will be subject to a criminal background check if the duties applied for will involve
delivering to or working with juveniles, the mentally ill, developmentally disabled or elderly.
Applicants may, at the County's option, be subject to a criminal background check if the duties
applied for will involve any of the following activities:
A. Handling or processing cash and/or checks;
B. Handling financial records;
Policy # HR-3, Background Checks Page 1
C. Law enforcement, correction, parole, probation or criminal justice;
D. Maintaining medical, mental health, criminal and/or other confidential records or information;
E. Building, maintenance, cleaning or repair services;
F. Computer technology services;
G. Any other job classification or position for which the County Administrator determines that it is
appropriate to conduct and authorize criminal background checks.
Retention of Authorization Form and Record of Criminal Background Check
The Personnel Department will maintain the criminal background check authorization form signed
by the applicant. The written criminal conviction records for ; persons that are not hired as
employees or appointed as volunteers will be retained in accordance with the requirements of the
Oregon Administrative Rules. The criminal conviction record of each applicant with a criminal
conviction who is hired as an employee or appointed as a volunteer will be maintained by the
Personnel Department in a confidential file separate from the employee's or volunteer's personnel
file.
Procedures for Obtaining Criminal Background Checks
The Personnel Department will oversee the conduct of all criminal', background checks. The
Personnel Department will request an employee of the Deschutes County District Attorney's Office
or Deschutes County Sheriff's Office, trained and authorized to perform criminal conviction checks
through the LEDS system, to conduct the check on the prospective employee or volunteer and
orally report to the Personnel Department whether the applicant's record indicates "no conviction
record" or "conviction record." If the applicant's record is reported as "conviction record," the
Personnel Department will, pursuant to OAR 257-10-025(C) as it currently exists or may from time
to time be amended, request a written criminal conviction report from the Oregon State Police
identification services section and pay the applicable fee for this service. The Personnel Department
will review the criminal conviction report with the department head or persons responsible for
making the hiring or selection decision for consideration in making the selection of an employee or
volunteer.
Use of Criminal Background Checks
If an applicant for employment or volunteer service with Deschutes County has a felony conviction
or convictions or a misdemeanor conviction or convictions involving moral turpitude or theft, the
applicant's application and criminal conviction record will be reviewed by the County Personnel
Services Manager, County Legal Counsel and County Risk Manager to determine if the applicant
possesses the, required degree of honesty and integrity to work or perform services for Deschutes
County. Following this review, the Personnel Services Manager, County Legal Counsel and the
Risk Manager will make a recommendation to the department head and County Administrator as to
whether the applicant should or should not be disqualified from consideration for employment or
volunteer service with Deschutes County.
Each employment or volunteer selection will be made on an individual basis, taking into account
the applicant's qualifications, the requirements of the particular job or volunteer position applied
for, and the results of the criminal background check. Factors which may be considered in
determining whether or not an applicant's criminal conviction background is acceptable may
include but are not limited to:
• Whether the candidate disclosed the conviction on the employment application (omission
of facts called for in the application, including the reporting of criminal convictions, is
cause for cancellation of the application and/or dismissal from employment).
Policy # HR-3, Background Checks Page 2
• The nature and gravity of the offense, and whether it indicates a propensity to cause harm
or potential to cause harm to other employees, County property, clients or citizens.
• The amount of time that has passed since the conviction or negative credit entry, or
completion of sentence and whether the individual completed treatment or rehabilitation.
• The relationship between the nature of the offense and the job in question.
• The public sensitivity of the position under consideration.
The employment or volunteer service of any candidate with a record of felony criminal conviction
or misdemeanor conviction involving moral turpitude or theft require approval by the County
Administrator and the Board of County Commissioners.
If there will be a significant delay before the background investigation is complete, the applicant
or current employee may be permitted to begin working in the position at the sole discretion of
the department head on a case-by-case basis, but only under direct supervision and with written
notification that employment may be terminated. In the case of a current employee, the
department director may terminate the employee or return the employee to the former position, if
negative information relevant to the position in question is revealed as a result of the background
investigation.
Procedures for Investigations Conducted through a Third Party Agency
Background investigations may be conducted through a third party` agency. The 'County will
ensure that (where applicable) background investigations conducted by a third party are
conducted in compliance with federal and state statutes, including the Fair Credit Reporting Act.
(FCRA).
Post-Offer Drug Screening and Examinations or Evaluations
As a condition of a job offer for any position, all new hires must take and pass a drug screening
test at a time and location designated by the County. Failure to submit to the testing or a verified
positive test result will result in the withdrawal of the offer of employment and the applicant shall
be barred from consideration for County employment for a period of not less than one year after a
verified positive test. All offers of employment shall' be conditional upon a verified negative
controlled substances test.
If a medical examination, physical examination, physical capacity evaluation and/or a psychological
evaluation is required for the position. The County will, in accordance with the Americans with
Disabilities Act, provide reasonable accommodation to the finalist during examination or
evaluation.
Approved by the Deschutes County Board of Commissioners (((((date))))))
Dave Kanner
County Administrator
Policy # HR-3, Background Checks Page 3
GSFS Deschutes County Administrative Policy No. HR-4
Effective Date:
OVERTIME COMPENSATION
AND COMPENSATORY TIME
STATEMENT OF POLICY
It is the policy of Deschutes County to provide overtime compensation and compensatory time in
accordance with State and Federal wage and hour laws.
APPLICABILITY
This policy applies to all County employees, except those who are exempt from State and Federal
wage and hour laws.
POLICY AND PROCEDURE
In General
In accordance with State and Federal wage and hour laws, hours worked by non-exempt employees
in excess of 40 hours per work week constitutes overtime: Non-exempt employees shall be
compensated in pay or compensatory time off at the rate of one and one-half times the employee's
regular rate of pay for all hours worked in excess of 40 hours in a work week. Hours worked do not
include hours taken for vacation leave, sick leave, or time management leave. Holiday hours do
count as hours worked. Each employee must have the approval of his or her supervisor or
department head before the employee is authorized to work overtime. An employee who works
overtime without obtaining the prior approval of his or her supervisor or department head will be
subject to disciplinary action, up to and including possible termination of employment with the
County.
Time and Leave Worksheets
All time and leave worksheets must be signed and dated by the employee. If an employee is absent
on the day that payroll is due, a payroll time and leave worksheet for the employee will be
submitted to the Finance Department by the employee's supervisor or department head. When the
employee returns to work, the employee must sign and date the original worksheet and return it to
the Personnel Department. For non-exempt employees, the employee's time and leave worksheet
must be filled in with the number of hours worked for each day worked, and with all time, vacation
leave, sick leave, time management leave, or compensatory time off and any other form of leave
used.
Exempt employees are not required to record hours worked for each day worked but are required to
record all vacation leave, sick leave, time management leave, and any other form of leave used. All
employees are responsible for accurately and completely preparing his or her time and leave
worksheet each month. Any falsification of information or any failure to accurately record time by
an employee on his or her time and leave worksheet or any refusal by.an employee to complete,
date and/or sign a time and leave worksheet will subject the employee to disciplinary action, up to
and including termination of employment with the County.
Compensatory Time (Non-Exempt Employees)
In lieu of overtime pay, by mutual agreement between the department head and employee, and
subject to applicable collective bargaining agreements, a non-exempt employee may receive
Policy No. HR4, Overtime and Compensatory Time
Page I
compensatory time off at the rate of one and one-half times the number of overtime hours worked
by the employee. An employee's compensatory time off accrual shall not exceed eighty (80) hours.
A request to accrue compensatory time off shall be made prior to the end of the pay period in
which the overtime is worked. An employee desiring to use accrued compensatory time off shall
have the option to request the time which such compensatory time off is to be used. The
department head shall, within the constraints of manpower and scheduling, make every
reasonable effort to honor the employee's request for use of compensatory time off.
Compensatory time off for approved overtime worked shall be taken within 180 days of the date
such overtime was earned. In no event shall compensatory time off accrue beyond a maximum of
80 hours without explicit approval by the County Administrator.
Approved by the Deschutes County Board of Commissioners (((((date))))))
Dave Kanner
County Administrator
Policy No. HR4, Overtime and Compensatory Time Page 2
a `"TES " Deschutes County Administrative Policy No. HR-5
o Effective Date:
NON-WAGE AND SALARY COMPENSATION
STATEMENT OF POLICY
It is the policy of Deschutes County that forms of compensation not fixed by state law,
County ordinance, the County budget or County policy are expressly prohibited.
APPLICABILITY
This policy applies to all County employees and elected officials.
POLICY AND PROCEDURES
Rebates and Premiums
County employees and elected officials are permitted to make and pay for travel, lodging and meal
costs on a reimbursement basis. Any airline "frequent flier" miles received by a County employee
or elected official for travel or lodging, and any rebates; airline miles, gifts or premiums (benefits)
received by a County employee or elected official related to the use of a personal credit card for
County business shall constitute a part of the County employee's or elected official's"compensation.
It is the responsibility of the employee to keep records of any such rebates, miles, benefits or
premiums received by the employee related to the employee's work. It is the responsibility of each
County employee and elected official to keep records of the value of any such benefits received by
the County employee or elected official that are related to County business. This policy also applies
if a County employee or elected official purchases necessary supplies or equipment or pays
expenses related to the County employee's or elected official's work with the County employee's or
elected official's personal credit card, for which the County employee or elected official is
reimbursed.
Personal Use of Telephones, County Equipment and Office Supplies
The occasional use of a County telephone for local telephone calls for personal matters or use of a
County computer for personal matters (including the County computer network, software and
internet access), subject to Policy No. IT-1, Computer Use, by a County employee or elected
official, shall not be considered an employment benefit for purposes of compensation. Personal
calls (outgoing or incoming) on a county-provided cell phone will only be allowed infrequently for
limited duration in instances of family emergencies if these calls cannot be made from a land line
phone within a reasonable period of time. Such calls shall not be considered an employment benefit
for purposes of compensation. Employees' personal use of County fax machines or County
photocopy machines is permitted if reimbursement is provided to the County by the employee at the
same per-page rate as that charged to the public at-large for use of the same equipment, per the
County fee schedule.
Except as provided above, no employee shall request or permit the use of county-owned vehicles,
equipment, materials or property or the expenditure of County funds for personal use, personal
convenience or profit. Employees making personal use of County facilities, properties or
privileges may be subject to disciplinary action. Such facilities, properties and privileges include
but are not limited to telephones, purchasing discounts, office supplies, vehicles, purchasing or
credit cards, computer equipment, etc. Employees found to be in violation of this policy shall be
liable for reimbursement of actual expenses as well as administrative charges for processing,
investigation, etc.
Policy No. HR-5, Non-wage and Salary Compensation Page I
This policy is not intended to restrict the right of County employees to use County services and
facilities to the same extent as such services and facilities are available to the public.
Honoraria and Stipends
Any employee who receives an honorarium, a stipend or other form of cash compensation for
making a presentation at a conference or other speaking engagement must turn that compensation
over to the County where it will be credited as revenue or an expense reimbursement to the
employee's department. An employee may keep the payment only if the conference/speaking
engagement is attended solely on the employee's time (use of vacation time is acceptable) and the
County does not participate in any way toward the cost of the conference/speaking engagement.
Jury Duty Pay
Employees will continue to receive their regular wages for their regularly scheduled hours while
on jury duty but the employees are in turn obligated to reimburse the County for any service fee
provided by the court. If employees do not give the county the fee provided by the court, they will
not receive county paid time for their absence. If the jury duty check contains a reimbursement
for mileage, the county shall pass the reimbursement through to the employee and retain the
remainder of any jury duty compensation. Employees released from jury duty in time to work at
least one hour of their regular shift will be required to report to work.
Approved by the Deschutes County Board of Commissioners (date)
Dave Kanner
County Administrator
Policy No. HR-5, Non-wage and Salary Compensation Page 2
a `'T=S Deschutes County Administrative Policy No. HR-7
Effective Date:
o <
EXCUSED TIME FOR EXEMPT EMPLOYEES
STATEMENT OF POLICY
It is the policy of Deschutes County that exempt management and exempt confidential employees
shall not receive overtime, compensatory time or exchange time, but may receive excused time
off.
APPLICABILITY
This policy applies to all exempt management and exempt confidential employees
POLICY AND PROCEDURES
It is expected that employees holding exempt management or confidential positions will remain
on duty for whatever time is necessary to carry out the responsibilities of their positions. The
County provides extra time management leave to -management or confidential employees in
recognition of their added responsibilities and in recognition that extra hours (hours consistently
above and beyond a five-day, 8 a.m. - 5 p.m. work week) are necessary to complete assignments.
Exempt management and exempt confidential employees may, with their department head's
advance approval, flex their schedules within the pay period or the pay period immediately
following to account for extra hours worked.
A department head may occasionally grant excused time off for job performance that exceeds the
basic requirements of the job, not solely on extra hours worked to accomplish the basic job.
However, such time off shall not be taken in advance and shallbe used within 12 months of when
granted. Excused time shall not accumulate and shall not be subject to any form of payment upon
termination. No employee shall take more than 80 hours of excused time in any fiscal year.
Department heads must approve the granting of excused time. The County Administrator may
grant excused time to department heads and other exempt personnel he or she directly supervises.
Employees shall record extra hours worked on the electronic calendar in their County e-mail and
may be required to produce that record when requesting excused time. Excused time used shall
be shown on the employee's electronic calendar as "excused time off."
Approved by the Deschutes County Board of Commissioners (((((date))))))
Dave Kanner
County Administrator
Policy No. HR-7, Excused Time Page I
-{ES
c~r?. Deschutes County Administrative Policy No. HR-8
o,' { Effective Date:
DRUG-FREE WORKPLACE
STATEMENT OF POLICY
It is the policy of Deschutes County that there is zero tolerance for drug and alcohol use that in any way
threatens the public welfare and the health, safety and productivity of Cowry employees.
APPLICABILITY
This policy applies to any individual who conducts business for the County, is applying for a County position
or is conducting business on the County's property. This policy also applies to, but is not limited to volunteers,
elected officials, paid or unpaid interns and all County employees.
This policy applies during all working hours, whenever conducting County business or representing the
County, while on call, while on paid standby, while on or in County property and while working at County-
sponsored events. This policy also applies during meal periods or other breaks if any individual, as defined in
this section, is expected to return to work after the meal period or break. Any testing limits in this policy are
separate and apart from the Federal Department of Transportation (DOT) Motor Carrier testing program, and if
both policies apply, two separate tests will be conducted
The alcohol restrictions in this policy are not intended to apply to social gatherings and community events on
County property where employees are not working or are not expected to return to work afterwards.
POLICY AND PROCEDURES
In General
Deschutes County is cornmitted to protecting the safety, health and well being of all employees and other
individuals in our workplace. We recognize that alcohol and drug abuse pose a significant threat to our goals.
We have established a drug-free workplace program that balances our respect for individuals with the need to
maintain an alcohol and drug-free environment;
The County does not intend to interfere with the private lives of its volunteers, elected officials, and all County
employees. However, the County expects its volunteers, elected officials, and all County employees to report
to work in a condition to perform duties in a safe, effective and efficient manner.
This policy recognizes that employee involvement with alcohol and other drugs can be very disruptive,
adversely affect the quality of work and performance of employees, pose serious health risks to users and
others, and have a negative impact on productivity and morale.
As a condition of employment, the county requires that employees adhere to this policy regarding the use and
possession of drugs and alcohol and notify the County of any criminal drug statute conviction. Deschutes
County encourages employees to voluntarily seek help with drug and alcohol problems.
Notification of Convictions
Employees must notify the County of any criminal drug statute conviction. The notification must be in writing
from the employee to his/her supervisor within five (5) calendar days of the conviction. The supervisor will
Policy No. HR-8, Drug Free Workplace Page I
immediately notify the Personnel Department. When appropriate, federal contracting agencies will be notified
within ten (10) calendar days. In accordance with Federal law, the County will take appropriate action within
thirty (30) days of the notification.
Assistance
Deschutes County recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize
that early intervention and support improve the success of rehabilitation. To support our employees, our drug-
free workplace policy:
• Encourages employees to seek help if they are concerned that they or their family members may have a
drug and/or alcohol problem.
• Encourages employees to utilize the services of qualified professionals in the community to assess the
seriousness of suspected drug or alcohol problems and identify appropriate sources of help.
• Offers all elected officials and regular employees, as well as their family members, assistance with
alcohol and drug problems through the Employee Assistance Program.
• May allow the use of applicable accrued paid leave wh i le seeking treatment for alcohol and other drug
problems.
Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan.
However, the ultimate financial responsibility for recommended treatment belongs to the employee.
Communication
Communicating the drug-free workplace policy to both supervisors and employees is critical to our success. To
ensure all employees are aware of their role in supporting our drug-free workplace program all employees will
receive a written copy of this policy and a copy of the signed certificate of receipt will be placed into their
official personnel file.
Definitions
1. Controlled Substances - Are defined as all forms of narcotics, depressants, stimulants, hallucinogens,
and cannabis, the sale, purchase, transfer, use or possession of which is prohibited or restricted by law.
2. Drugs and Alcohol - For the purposes of this policy, drugs and alcohol will be defined as all intoxicants
and controlled substances as defined by law, `excluding any substance lawfully prescribed and
authorized by a licensed practitioner, physician or dentist for the employee's use.
3. Drug and Alcohol Test - The compulsory production and submission of breath, saliva or urine by an
employee in accordance with procedures contained herein for chemical analysis to detect prohibited
drug and/or alcohol use.
4. Medical Practitioner - For the purposes of this policy, a Medical Practitioner is a licensed health care
provider who has the authority and the privileges to prescribe medications.
5. Medical Review Officer (MRO) - A medical doctor trained in toxicology who contracts with employers
primarily to review positive preliminary drug test results with employees to determine whether the
results are likely to have been caused by factors other than drug abuse.
6. Over-The-Counter Drugs - Are those which are generally available without a prescription from a
medical doctor and are limited to those drugs which are capable of impairing the judgment or
functioning of an employee to safely perform his or her duties. It is the employee's responsibility to
determine whether or not any particular over-the-counter drug is safe for use.
7. Prescription Drums - Are defined as those drugs which are used in the course of medical treatment and
have been prescribed and authorized for use by a licensed practitioner, physician or dentist.
8. Reasonable Suspicion - Quantity of proof or evidence that is more than a hunch, but less than probable
cause. Reasonable suspicion must be based on factual and articulable observations concerning the
work performance, appearance, behavior, objective facts, and derived inferences from these facts
about the conduct of an individual that would lead the reasonable person to suspect that the individual
Policy No. HR-8, Drug Free Workplace Page 2
is or has been under the influence of drugs or alcohol while on duty.
9. Substance Abuse Professional (SAP) - Is any licensed physician (Medical Doctor or Doctor of
Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional,
or addiction counselor (certified by the National Alcoholism and Drug Abuse Counselors Certification
Commission) with the knowledge of and clinical experience in the diagnosis and treatment of alcohol
and controlled substances-related disorders.
10. Under the Influence - An individual is considered under the influence of intoxicants when a positive
alcohol or controlled substance test result is obtained from a certified testing lab.
Prohibited Behavior
Generally, it is a violation of the drug-free workplace policy to unlawfully manufacture, use, be under the
influence of, possess, dispense, distribute, sell, trade, and/or offer for sale alcohol, illegal drugs, controlled
substances or intoxicants as described in the applicability section of this policy.
Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a
physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible
for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere
with safe performance of their job. An employee's failure to report to his or her supervisior the use of
prescribed or over-the-counter medication which the employee has been informed may affect his or her abilities
to safely perform assigned duties may subject an employee to disciplinary action.
In the event there is a question regarding an employee's ability to safely perform assigned duties, clearance
from a physician will be required. If the use of a medication could compromise the safety of the employee,
fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g.,
call in sick, use leave, request change of duty, notify supervisor) to avoid unsafe workplace practices.
The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of our drug-free workplace
policy to intentionally misuse and/or abuse prescription medications.
Specific Prohibited Conduct
The following conduct is strictly prohibited and may subject an employee to immediate discipline, up to and
including termination:
I. No employee shall report for duty or remain on duty under the influence of any detectable level of
alcohol or while using any controlled substance, except when the use is in pursuant to the instructions
of a licensed medical practitioner, who has advised the employee that the substance will not adversely
affect the employee's ability to safely perform their job.
2. No employee shall be on duty, operate a County-owned motor vehicle or a personal vehicle while on
County business while the employee is in possession of alcohol, unless the alcohol is manifested and
transported as a part of an authorized shipment.
3. No employee shall use alcohol while performing their job duties. Furthermore, no employee shall use
controlled substances while performing their job duties, except when the use is pursuant to the
instructions of a licensed medical practitioner, who has advised the employee that the substance will
not adversely affect the employee's ability to safely perform their job.
4. Any employee that is involved in any vehicle accident while on County time, or in a County vehicle,
regardless of whether any injury or property damage results, or any accident which results in the loss
Policy No. HR-8, Drug Free Workplace Page 3
of human life; will not use alcohol for eight (8) hours following the accident, or until he or she
undergoes a post-accident alcohol test, whichever occurs first.
In addition, employees will not use any controlled substances for thirty-two (32) hours following an
accident or until he or she undergoes a post-accident controlled substance test, whichever occurs first.
Prescription and over-the-counter drugs may be taken in standard dosage and/or according to a
physician's prescription as long as a medical necessity has been established by a medical practitioner.
5. No employee shall refuse to submit to a post-accident alcohol or controlled substances test, a
reasonable suspicion alcohol or controlled substances test, or a return-to-dut or follow-up alcohol or
controlled substances test as required by this policy.
6. No employee shall report to duty, or remain on duty after testing positive or having an adulterated
or substituted test specimen for alcohol or controlled substances.
Circumstances for Testing
Unless otherwise described herein, all testing, as follows, will be required for all employees:
1. Pre-Employment Testine:
All applicants, excluding volunteers, shall undergo testing for controlled substances following a
conditional offer of employment for a position with the County.
2. Reasonable Suspicion Testing:
An employee must submit to testing for alcohol and/or controlled substances whenever his or her
supervisor or other County representative who has undergone Alcohol and Controlled Substances
Reasonable Suspicion Training, along with one other witness, has reasonable suspicion to believe that
the employee has violated the corresponding 'portions of this policy. The determination that
reasonable suspicion exists to require an employee to undergo an alcohol and/or controlled substances
test must be based upon specific articulable observations concerning the work performance,
appearance, behavior, and/or body odor of the employee. In the case of controlled substances, the
observations supporting a reasonable suspicion finding may also include indications of the chronic use
and withdrawal effects of the controlled substances.
3. Post-Accident Testin4:
Any individual, as defined in the Applicability section of this policy, that is involved in any vehicle
accident while on Comity time, or in a County vehicle, regardless of whether any injury or property
damage results, or any accident which results in the loss of human life; shall be tested for alcohol and
controlled substances. The post-accident testing requirements related to vehicle accidents only pertain
to the operator of the vehicle.
For purposes of this policy, a vehicle is any County-owned vehicle, or personal vehicle used for
County business, which can be legally operated on a road or waterway. Questions related to whether a
specific type of vehicle involved in an accident would trigger post accident testing must be directed to
the County Risk Manager for final determination.
Any individual, as defined in the Applicability section of this policy, who is in an accident as
described herein, shall immediately report the accident to his or her manager. Any delay in reporting
may be subject to disciplinary action, up to and including termination. It is management's
responsibility to direct the individual to post-accident testing. Any individual who is subject to post-
accident testing shall remain readily available for such testing or he or she may be deemed to have
refused to submit to testing, provided that this requirement shall not be construed to require the delay
Policy No. HR-8, Drug Free Workplace Page 4
of necessary medical attention for injured people following an accident, or to prohibit the individual
from leaving the scene of an accident to obtain necessary emergency medical care.
The results of a breath or blood test for the use of alcohol or a urine test for the use of controlled
substances, conducted by Federal, State or local officials having independent authority for the test(s),
shall be considered to meet the requirements of this section, provided such tests conform to the
requirements of this policy and further provided that the results of such tests can be obtained by the
County.
4. Return-to-Duty Testing:
Before returning to duty, any employee who has engaged in prohibited conduct as stipulated in this
policy concerning alcohol, must undergo a return-to-duty alcohol test and have results that indicate no
detectable level of alcohol.
Before returning to duty, any employee who has engaged in prohibited conduct as stipulated in this
policy concerning controlled substances must undergo a return-to-duty controlled substances test with
a verified negative result for controlled substances.
5. Follow-up Testing:
Following a determination by a substance abuse professional that an employee is in need of assistance
in resolving problems associated with alcohol and/or controlled substances misuse, the employee shall,
upon returning to work, be subject to unannounced follow-up alcohol and/or controlled substances
testing. The number and frequency of such follow-up testing shall be as directed by the substance
abuse professional, and shall consist of at least six (6) tests in the first twelve (12) months following
the employee's return to duty. The requirement for follow-up testing may extend for up to 60 months
from the employee's return to duty based on direction from the substance abuse professional, but the
substance abuse professional may terminate the requirement for follow-up testing at any time after the
first six (6) tests have been administered, if the substance abuse professional determines that such
testing is no longer necessary. . IC I
Method of Testing
Alcohol testing will be done by a breath or saliva test that shall be conducted by a licensed professional chosen
by the County. Controlled substances testing will be done by a urine test and shall also be conducted by a
licensed professional chosen by the County. The urine sample will be collected unattended, but any attempt to
alter the integrity of the sample will result in immediate termination or withdrawal of the offer of employment.
Urine specimens shall be split into two (2) portions. If testing on the first portion proves positive and the
employee wishes to exercise his or her right to a second test, the employee must request the second test within
two (2) business days after the receipt of the results from the first test. The second test will be performed on
the second portion of the original specimen and by a second certified laboratory. If the results of the second
test refute the results of the first test, the results of the second test will be determinative.
Requirement to be Tested
Any individual, as defined in the Applicability section of this policy, who is subject to being tested pursuant to
the requirements of this policy must submit to being tested for alcohol and/or controlled substances
immediately upon notification to do so by his or her supervisor or other designated County representative.
Refusal to be Tested
A refusal to be tested shall be treated as a positive test result. Any individual who is subject to being tested
pursuant to this policy may violate this policy by refusal to submit to a required alcohol and/or controlled
substances test through, but not limited to, any of the following:
Policy No. HR-8, Drug Free Workplace Page 5
1. Telling his or her supervisor, other County representative or the person(s) conducting the tests or
collecting the urine specimens that he or she is refusing to be tested.
2. Failing to report to or leaving the County job site or test site, or failing to report to or leaving a
specified on-site location for transport to the testing site if the testing site is other than a County
facility, before the required testing and/or collection is completed.
3. Failing to remain readily available for post-accident testing, provided that this requirement shall not be
construed to require the delay of necessary medical attention for injured people following an accident,
or to prohibit the employee from leaving the scene of an accident to obtain necessary emergency
medical care.
4. Failing to provide the adequate amount of breath necessary for alcohol testing without a valid medical
explanation.
5. Failing to provide the adequate amount of urine necessary for controlled substances testing without a
valid medical explanation.
Consequences of Prohibitive Conduct, Failed Drug or Alcohol Testing or Treatment/Follow-up
Violations
One of the goals of our drug-free workplace prograrn is to encourage employees to voluntarily seek help with
alcohol and/or drug problems. If, however, an individual violates this policy, the consequences are serious.
A failed test shall include refusal to test, or test resu Its indicating any detectable level of alcohol or the presence
of controlled substances, as confirmed by the Medical Review Officer (MRO).
Any probationary, extra lielp employee or volunteer who violates this policy shall be terminated immediately.
In the case of applicants, the bona fide offer of employment is contingent upon the successful passing of a post-
job offer alcohol and drug screen. If positive results are confirmed by the Medical Review Officer (MRO), the
offer of employment shall be withdrawn and the opportunity to reapply for any County job may be revoked.
Violation of any provision of this policy by any individual who is conducting business for the County, while
under contract with the County, shall be cause for the County to terminate the contract, unless the provider
elects to take appropriate actions with the individual who violated this policy.
The following provisions apply to all other employees in regular positions who have completed their
probationary period:
Any employee who violates any of the provisions in this policy will be removed from the job immediately and
may be subject to termination following applicable due process procedures. Further, the County will also report
positive test results that have been verified by the Medical Review Officer (MRO), to any agency from which
the employee holds a professional license or certificate.
If an employee is not terminated, the employee will not be permitted to return to work until all applicable
requirements are completed and the employee evaluated by a substance abuse professional. The treatment or
rehabilitation program used may not be the substance abuse professional's private practice or be provided by a
person or organization from which the substance abuse professional receives remuneration or has a financial
interest.
Policy No. HR-8, Drug Free Workplace Page 6
The substance abuse professional shall determine what assistance, if any, the employee needs in resolving
problems associated with alcohol misuse and/or controlled substance use. If determined necessary by a
substance abuse professional, the employee must properly follow any treatment or rehabilitation program
prescribed. Once the treatment and/or rehabilitation program is initiated, the employee may not switch
agencies without prior approval of the substance abuse professional. The employee may only switch agencies
once. The employee must be reevaluated by the substance abuse professional to determine that the employee
has properly followed the prescribed treatment or rehabilitation program.
The employee must undergo a return-to-duty alcohol test with the result indicating no detectable level of
alcohol, if the violation of prohibited conduct involved alcohol or a controlled substances test with a verified
negative result, if the violation involved a controlled substance.
Time off the job for any employee who violates any of the provisions in this policy shall be on unpaid leave
for the remainder of the day that the violation(s) occurred and until a verified appointment with a substance
abuse professional has been scheduled. After an appointment has been scheduled, the employee may use
accrued leave. In addition, the County will, upon notice of apositive test result, begin disciplinary action.
If termination of employment does not result for the violation of any of the provisions in this policy, the
employee shall be required to sign a "Last Chance Agreement" upon first notice of the eligibility to return to
work and prior to any commencement of work. Those employees who are covered by a collective bargaining
agreement shall have the right to confer with a Union steward prior to signing the agreement. The agreement
shall include an expiration date of thirty-six (36) months after successful completion of the treatment plan.
Failure to sign the last chance agreement will result in the employee's immediate termination. The agreement
shall clearly state that any future positive alcohol or controlled substances test will result in the employee's
immediate termination.
Employee's Responsibility after Violation
Any employee, who is not terminated for any violation of the provisions of this policy, and is eligible for a
drug/alcohol treatment program, is responsible for pursuing all requirements of contacting a substance abuse
professional and following the prescribed treatment program in a manner which will allow his or her return to
work as quickly as possible. The employee shall sign, an agreement allowing the County Administrator, or
his/her designee, to contact the substance abuse professional to assure continued progression in the prescribed
treatment. Failure of the employee to make a verified appointment with a substance abuse professional within
five (5), working days following the violation will be cause for the employee's employment with Deschutes
County to be terminated. Failure to continue meaningful progress toward completing prescribed treatment as
determined by the substance abuse professional may be cause for the employee's employment with Deschutes
County to be terminated.
Payment of Program Costs and Drug and Alcohol Testing
The Personnel Department will pay all costs for pre-placement, reasonable suspicion and post-accident testing.
The employee's time for reasonable suspicion and post-accident testing will be paid by the employee's
Department. The candidate's time for a pre-employment test will not be County-paid time.
Any employee who violates any of the provisions of this policy, or engages in prohibited conduct identified
above will be responsible to make all arrangements and pay for the dependency evaluation, treatment, return-
to-work testing, and follow-up testing, if any. An employee who has a test performed on a split sample
following a positive controlled substances test must make the arrangements and pay for the second test. The
County will reimburse the employee for the testing cost if the retest result refutes the initial positive test.
Searches
Policy No. HR-8, Drug Free Workplace Page 7
Deschutes County reserves the right to search, without employee consent, all areas and property over which the
County maintains joint or full control. All County-owned vehicles, equipment, offices, desks and lockers shall
be subject to search. Refusal to submit to a search or refusal to cooperate in any investigation will subject the
employee to disciplinary action, up to and including termination.
Make Whole Provision
An employee shall be made whole for any action taken by the County as a result of a false positive test
including the reinstatement of any leave that the employee was required to use, any unused vacation or sick
leave, reimbursement for any unpaid leave, retraction of discipline, and nullification of the last chance
agreement.
In the event an employee is required to submit to reasonable suspicion testing, and the test is negative, the
County shall provide the employee with a written letter of apology. However, this does not preclude the
County from taking other appropriate disciplinary actions.
Confidentiality
All information received by the County through the drug-free workplace program is confidential
communication. Access to this information is limited to those who have a legitimate need to know in
compliance with relevant laws and management policies.
Approved by the Deschutes County Board of Commissioners
Dave Kanner
County Administrator,
Policy No. HR-8, Drug Free Workplace
-(dare)
Page 8
Deschutes County Administrative Policy No. HR-9
o Z{ Effective Date
PREVENTION OF VIOLENCE IN THE WORKPLACE
STATEMENT OF POLICY
It is the policy of Deschutes County that there is zero tolerance of threats, threatening behavior, or acts of
violence against employees, visitors, guests, or other individuals on County worksites or as part of
County work activities.
APPLICABILITY
This policy applies to all Deschutes County employees and volunteers.
POLICY AND PROCEDURES
Definitions
A. Harassment: A form of behavior that to a reasonable person is intimidating, hostile, threatening,
violent, abusive or offensive.
B. Threat or Threatening Behavior: A physical, verbal, or written act that expresses, or is reasonably
perceived as expressing, an intent to cause physical or psychological harm, or both, to anyone covered by
this policy, or an act that is reasonably perceived as expressing intent to cause damage to property.
C. Worksite: Any place where Deschutes County conducts business. This includes County-owned or
leased offices or buildings, County-owned vehicles, personal vehicles when used within the course and
scope of conducting Deschutes County work, clients''homes, and other locations where Deschutes County
business is being conducted.
D. Violence or Violent Behavior: A physical, verbal, or written act carried out or caused to be carried out
which results, or may result, in physical or psychological harm, or both, to an individual covered by this
policy, or damage to property. Examples of violent conduct include but are not limited to physical
displays of aggression, such as hitting, pushing, pinching, grabbing, making threatening gestures, or
throwing objects. Also covered by this definition are situations in which physical or psychological harm
occurs, even if such result was not intended (e.g., horseplay and practical jokes).
E. Workplace Violence: Includes harassment, threats, threatening behavior, and violence and violent
behavior.
In General
Deschutes County will not tolerate threats, threatening behavior, or acts of violence by its officers,
employees, agents, or other persons at a worksite against employees, visitors, guests, or other individuals
by anyone. The intent of this policy is to maintain safety and security for all people on all County
worksites.
Any person who makes threats, exhibits threatening behavior, or engages in violent acts will be removed
by law enforcement as quickly as safety permits and shall have no further contact with County employees
pending the outcome of an investigation.
Each County employee is empowered to take immediate action by calling law enforcement
representatives through 9-1-1 emergency responders, to terminate the behavior in progress. Employees
should also report behavior they regard as threatening or violent if that behavior is job-related or might be
carried out on a County-controlled site. After addressing immediate concerns, each employee is
responsible for notifying his or her immediate supervisor or other Department/Program manager of
conduct that may constitute workplace violence. This includes reporting any threats, threatening or
violent behavior, or harassment occurring at a Deschutes County worksite or in connection with
Policy No. HR-9, Prevention of Violence in the Workplace Page 1
Deschutes County employment. The conduct may be that which they have witnessed or received or have
been told that another person has witnessed or received.
Following an immediate response to terminate workplace violence, employees are responsible for
reporting such conduct, regardless of the relationship between the individual who initiated the threat and
the person who was threatened. If a supervisor is notified of a threat, or receives a threat, the supervisor is
responsible for immediately notifying his or her supervisor, other affected Department/Program
managers, and Risk Management.
Deschutes County will not tolerate retaliation against an employee, volunteer or other County
representative who reports or experiences workplace violence. Deschutes County will conduct a prompt
investigation of the alleged workplace violence and initiate a timely and appropriate response.
Employees who engage in workplace violence, real or perceived, against co-workers, supervisors, clients,
providers, volunteers, or other individuals associated with Deschutes County are in violation of this
policy. Violations of this policy by an employee will lead to disciplinary action, which may include
reassignment of job duties, suspension, or termination of employment and may include referral to law
enforcement authorities and subsequently result in criminal charges.
Deschutes County will also respond to workplace violence where individuals other than employees are
involved. Appropriate actions may include suspension or termination of business relationships,
suspension or termination of volunteer status, and/or referral to law enforcement authorities and
subsequently result in criminal charges and criminal prosecution of the person(s) involved.
Employees who apply for or obtain a protective or restraining order that lists County locations as
protected areas must provide copies of any restraining order documents to their direct supervisor.
Supervisors must report restraining order documents to Risk Management. Deschutes County has
confidentiality procedures that recognize and respect the privacy of the reporting employee(s), to the
extent allowable to ensure a workplace free of threatening or violent behavior.
Incident Response and Follow.-up
A. If circumstances call for immediate action, and in the employee's judgment any delay caused by first
notifying a supervisor may jeopardize his or her, or others' safety, the employee shall immediately obtain
the assistance of emergency responders by calling 9-1-1. Most County phones first require dialing 9 for
an outside line.
B. In response to threatening or violent behavior, no employee, manager or County representative, shall
take any action that will risk his or her own safety or the safety of others in the area. No employee or
volunteer should ever attempt to restrain or forcibly evict an armed person or dangerous person from the
premises.
C. Any supervisor receiving knowledge of a threat or potential threat of violence shall immediately notify
his or her supervisor, unless circumstances call for immediate action, in which case reporting documents
shall be prepared immediately after the threat of danger has passed.
D. The supervisor shall notify managers of other departments/agencies at the worksite, or in other
locations that may be affected, of clients or visitors who are considered a potential immediate threat.
When a supervisor/manager receives knowledge that an individual may pose a threat to employees, the
supervisor/manager will provide staff with a safety plan, including a description of the client or visitor,
and the steps to take if the individual appears. Risk Management can provide assistance with any
departmental safety or response plan.
Policy No. HR-9, Prevention of Violence in the Workplace Page 2
E. The worksite supervisor shall ensure that the employee receiving any threat or act of violence initiates
a "Violence Incident Report Form." If the employee will not be available within 24 hours, the supervisor
shall complete the form as thoroughly as possible without input from the employee. When the employee
becomes available, the supervisor shall thoroughly update the office copy of the report with additional
information.
F. The supervisor shall, within 24 hours, provide a debriefing with affected employees in order to analyze
the incident and receive input from employees on necessary corrective action. The supervisor will use this
information to complete the supervisor's section of the "Violence Incident Report Form." The supervisor
shall obtain the safety committee's review of the incident consistent with the department's established
procedure for reviewing other incidents.
G. For acts of violence, or threats perceived by staff to be of a traumatic nature, supervisors are
encouraged to meet with all staff, at a time they judge to be appropriate, to review the incident and answer
employee concerns. For very traumatic incidents, such as those involving employee injury or threat with a
weapon, supervisors shall contact Deschutes County's Employee Assistance Program contractor, and
request group counseling. Attendance is voluntary.
H. Action directed towards individuals, other than employees, in violation of Deschutes County's policy,
will be at the direction and coordination of Risk Management. If an employee is in violation of this
workplace-violence policy, the supervisor may initially consult directly with Risk Management if
involving a higher level of management would cause unreasonable delay.
1. The supervisor shall forward, within 24 hours;' a copy of the "Violence Incident Report Form,"
completed as thoroughly as possible, to the Risk Management office. Risk Management will provide
incident information to County Administration.
General Protocol/ Prevention Activities
Protocols and prevention activities are established to provide:
1) Actions to be taken by Deschutes County management and employees to reduce the threat of
workplace violence;
2) Steps for departments/programsto take' following an incident of violence.
Each department or division will:
A. Designate an employee and alternate for each department as contact in the event of an incident or
potential incident; this designation must be updated annually. Each department must develop and post
individual policies and procedures specific to that department. Each department must provide training for
new employees and volunteers , on County and department policies/procedures upon hire. Periodic,
ongoing training programs will be provided by Risk Management or as required by Departmental
assessment.
B. Notify employees of Deschutes County's zero tolerance for workplace violence by posting County
and department policies and procedures in locations visible to employees, contractors, visitors and
volunteers, and as well will inform individuals covered by this policy of the requirements and procedures
to report all threats or violence encountered during their work with Deschutes County.
C. Inform individuals covered by this policy of the incident response procedure and of the Violence
Incident Report Form.
D. Inform individuals covered by this policy that they would not be retaliated against for reporting
workplace violence.
Policy No. HR-9, Prevention of Violence in the Workplace Page 3
E. Report immediately any conduct occurring on a Deschutes County's worksite, or site related to
Deschutes County's work activity, which may constitute a threat or act of violence. This includes conduct
that is received or witnessed directly or reported by a third party. Every employee or County
representative is empowered to take immediate action by calling law enforcement representatives through
911.
F. Notify managers of other Deschutes County departments, or other occupants in co-housed buildings or
other locations, who may be affected, of clients or visitors who are considered to pose a potential
immediate threat. Deschutes County departments will develop and provide staff with a safety plan,
including a description of the client or visitors.
G. Inform employees and volunteers that if they are involved in a non-work related or domestic situation
which may pose a risk to the workplace, that they are encouraged to inform their supervisor or Risk
Management. This is voluntary. Management will obtain the employee's consent before notifying staff
that are determined necessary to carry out a safety plan.
H. Inform employees who apply for or obtain a protective or restraining order that lists County locations
as protected areas they must provide copies of any restraining order documents to their direct supervisor,
who will in turn provide Risk Management with a copy of the restraining order. Risk Management and/or
department managers will evaluate and determine County staff that wi11 be notified to carry out a safety
plan.
1. Inform employees, volunteers, contractors, and visitors who witness conduct which may violate this
policy they, without fear of retaliation, shall report such conduct in a tnatiner consistent with reporting
procedures specified elsewhere in this policy.
J. Understand individual offices are encouraged to review their departmental emergency plan with Risk
Management and local law enforcement.
Training Components
A. Risk Management and County departments will assess the level of risk within Deschutes County
worksites and provide job-appropriate information and/or training to employees whose job duties are
likely to expose them to aggressive persons or threats of violence. Workplace violence training will be
provided on a quarterly basis through Risk Management. Risk Management will provide curriculum and
invite non-County professionals to present training materials (e.g., training components addressing
specific classes of violence including domestic violence awareness).
B. Based on an employee's or volunteer's job duties and reasonably anticipated risk of exposure to threats
or acts of violence, some or all of the following training elements shall be included, no later than six
months after the effective date of this policy, or by the completion of trial service for new employees and
orientation for volunteers:
o Identification of warning signs of potentially violent persons.
o De-escalation skills for dealing with aggressive behaviors including the aggressive behavior of
mentally ill persons or substance abusers.
o Building security.
o Field work and/or travel safety.
o Home visit safety.
C. Supervisors, or employees with lead roles, and other employees or members of management whose
job responsibilities may involve responding to issues of workplace violence, shall receive training or
Policy No. HR-9, Prevention of Violence in the Workplace Page 4
1
information on some or all of the following topics, no later than six months after the effective date of this
policy, or by the completion of trial service for new employees and orientation for volunteers:
o Domestic violence--possible indicators of abuse and response.
o How to conduct a critical-incident debriefing.
o How to conduct an investigation, how to complete an incident report, whom to notify within and
outside of the department, and how to route the report form.
o Role of Employee Assistance Program.
o Safety-committee role and other levels of review within the department.
o Clarification and training on what behaviors or acts are inappropriate and constitute violence as
provided by the definitions.
Approved by the Deschutes County Board of Commissioners (date)
Dave Kanner
County Administrator
Policy No. HR-9, Prevention of Violence in the Workplace Page 5
FR n
T
U { Deschutes County Administrative Policy No. HR-10
Effective Date: October 27, 2004
NON-HARASSMENT AND NON-DISCRIMINATION
POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County to implement and enforce a "zero tolerance" policy
prohibiting any form of harassment or discrimination, and to maintain a work environment that is
professional, respectful and accessible to its employees and to protect the rights of its employees.
APPLICABILITY
This policy applies to all Deschutes County personnel, and to agents of and contractors to the
county.
POLICY AND PROCEDURES
Title VII of the Civil Rights Act of 1964, ORS 659A.030, and other Oregon and federal laws
prohibit harassment or discrimination on the basis of certain protected classes. This policy
establishes Deschutes County's commitment to provide a work environment which is free from
harassment or discrimination.
GENERAL STATEMENT:
To maintain a work environment that is professional, respectful and accessible to its employees
and to protect the rights of its employees, Deschutes County continues to implement and enforce
a "zero tolerance" policy prohibiting any form of harassment or discrimination.
DEFINITIONS:
A. Harassment: For purposes of this policy, "Harassment" is defined to mean behavior that
is unwelcome, personally offensive, or fails to respect the dignity of co-workers and which is
based on gender, race, color, age, religion, disability, marital status, family status, national origin
or any other "protected class" established by Oregon or federal law.
B. Sexual Harassment: For purposes of this policy, "Sexual Harassment" is defined to mean
harassing behavior based on sex or gender and includes, but is not limited to sexual advances,
requests for sexual favors, and other verbal or physical conduct which is of a sexual nature or is
based on gender, where:
Submission to such conduct is made, or implied to be, a term or condition of
employment;
Submission to, or rejection of, such conduct is used as a basis for employment decisions;
or
Such conduct has the effect of interfering with an employee's work performance, or
creates a work environment which is intimidating, uncomfortable or offensive.
Policy # HR-10 Non-Harassment and Non-Discrimination
Conduct which may constitute sexual harassment under this policy includes, but is not
limited to:
• Leering, innuendo, teasing, jokes, remarks, questions, or
comments of a sexual nature.
• Unwelcome flirtation, propositions, sexual advances or
gossip or comments about an employee's sexual or
interpersonal relationships.
• Subtle or overt pressure for sexual activity.
• Displaying or sending by any form of written
communication (including e-mail), sexually graphic,
suggestive or nude photographs, cartoons, graffiti,
posters, calendars, pin-ups or other writings.
• Verbal or physical abuse of a sexual nature, or because
of an employee's gender.
• Language of a derogatory or demeaning nature which is
directed primarily to one gender.
• Intentional physical contact which is sexual in nature,
such as touching, pinching, patting, holding or brushing
up against an employee's body.
C. Discrimination: For purposes of this policy, "Discrimination" is defined to mean unequal
and unfavorable treatment of an employee which is not permitted by Oregon or federal law and
which is based on the employee's gender, race, color, age, religion, disability, marital status,
family status, national origin or any other "protected class" established by Oregon or federal law.
POLICY:
1. Harassment of or discrimination against employees or volunteers of Deschutes
County is prohibited by Deschutes County.
2. This "zero tolerance" policy prohibits not only harassment or discrimination
committed by co-workers, supervisors, managers, department heads and elected officials, but also
harassment or discrimination committed by volunteers, suppliers, vendors, contractors, service
providers and other third parties who have interaction with Deschutes County employees.
3. Deschutes County will promptly investigate all reports, complaints or incidents
of alleged violations of this policy which Deschutes County management becomes aware of and
will take appropriate corrective action in all cases in which it is determined by the Deschutes
County Personnel Department that a violation of this policy has occurred.
4. Any form of retaliation against any employee who reports, makes a complaint of
or provides information regarding any alleged harassment or discrimination is prohibited by
Deschutes County.
Policy # HR-10 Non-Harassment and Non-Discrimination
RESPONSIBILITIES:
Elected officials, department heads, managers and supervisors are charged with the responsibility
of implementing, enforcing and making employees aware of the protections and procedures of
this policy. Department heads, managers and supervisors who become aware of conduct which
may violate this policy are required to report the alleged conduct as soon as reasonably possible,
not exceeding seven (7) calendar days, to the Personnel Services Manager. Department heads,
managers and supervisors who do not report to the Personnel Services Manager conduct that may
violate this policy will themselves be subject to disciplinary action, up to and including possible
termination of employment.
The Personnel Department is responsible for reviewing all complaints of alleged harassment or
discrimination, all complaints of alleged retaliation, for providing oversight of the investigation of
all complaints of alleged harassment, discrimination or retaliation, for determining if a violation
of this policy has occurred and, if it is determined that a violation of this policy has occurred, for
implementing any corrective action! The Personnel Department is also responsible for
coordinating and overseeing all training of County managers, supervisors and employees
regarding this policy. When a complaint of alleged harassment, discrimination or retaliation is
received by the Personnel Services Manager, the Personnel Department shall consult with County
Legal Counsel and, if practicable, with the County Administrator and the County Risk Manager
to determine an appropriate course of action before initiating any investigation, before
determining if a violation of this policy has occurred and before approving any corrective action.
All employees have a shared responsibility with management to work towards the elimination,
correction and prevention of harassment and discrimination in the workplace. It is the
responsibility of each employee who feels that he or she has been subjected to any form of
harassment or discrimination to bring the situation to the attention of Deschutes County
management so that management can appropriately investigate and address the situation.
Any employee who has questions or concerns regarding this policy at any time is expected to
address such questions or concerns to his or her supervisor, department head or to the Personnel
Services Manager.
PROCEDURES:
A. Reporting Harassment or Discrimination
Employees who personally experience, witness or obtain knowledge of conduct they believe to be
harassment or discrimination shall report such conduct to any of the following, and need not
proceed through any applicable chain of command:
The immediate supervisor of the employee who is the
alleged victim or of the employee who is the alleged
harasser or discriminator.
t In any case in which alleged conduct that may violate this policy involves the Personnel Department, the
conduct shall be reported to the County Risk Manager who will assume all responsibilities under this policy
of the Personnel Services Manager and the Personnel Department regarding review of complaints or reports
of alleged harassment or discrimination, regarding investigation and regarding implementing corrective
action.
Policy # HR-10 Non-Harassment and Non-Discrimination
• The head or manager of the department, division or
work group of the alleged victim or the alleged harasser
or discriminator.
• The Personnel Services Manager (385-3208)
• The County Risk Manager (385-3217)
• The County Administrator (388-6565)
Reports or complaints may be made orally or in writing. Oral complaints will be written down by
the person receiving the complaint or by the Personnel Services Manager.
B. Protection Against Retaliation
When a complaint or report of alleged harassment or discrimination is received, the accused
employee and the alleged victim shall be informed of the County's prohibition against retaliation.
Employees who feel they have been subjected to retaliation are encouraged and expected to report
any such retaliation to any person listed in Section A above or directly to the Board of County
Commissioners.
C. Investigation of Alleged Harassment, Discrimination or Retaliation
In all cases of alleged harassment, discrimination or retaliation, the Personnel Department shall
make an initial determination of whether the alleged conduct may violate this policy.
If it is determined by the Personnel Department that any alleged conduct may violate this policy,
an investigation will be conducted to determine if a violation of this policy has occurred. The
level of investigation will be determined by the Personnel Department. Any investigation will be
commenced promptly, will be conducted in a fair and expeditious manner, and will, when
practicable, be concluded within thirty (30) calendar days from the date the report or complaint of
the alleged harassment, discrimination or retaliation is received by a person listed in Section A
above.
The results of each investigation will be summarized in writing by or for the Personnel
Department and will be provided to the department head or department heads of the alleged
victim and the alleged harasser or discriminator unless the department head is the alleged harasser
or discriminator in which case the written investigation report will not be given to that department
head.
A copy of each written investigation report will be given to the Personnel Services Manager, the
County Administrator, County Legal Counsel and the County Risk Manager unless one of those
individuals is a subject of the investigation as a complainant, alleged victim or alleged harasser or
discriminator in which case the report will not be given to that individual.
The alleged victim, each complainant and the alleged harasser or discriminator will be informed
at the conclusion of the investigation whether the alleged conduct constituted a violation of this
policy.
D. Corrective Action
After an investigation is conducted, appropriate corrective action will be taken in all cases in
which it is concluded by the Personnel Department that a violation of this policy has occurred.
Policy # HR-10 Non-Harassment and Non-Discrimination
Corrective action options include, but are not limited to, counseling, warning, further training or
instruction, reassignment, oral or written reprimand, suspension without pay, dismissal from
employment or other disciplinary action which is consistent with any applicable collective
bargaining agreement or the County Personnel Rules given the nature and seriousness of the
conduct and all relevant circumstances. After the written investigation report is submitted, the
responsible department head or manager will confer with the Personnel Department to determine
what corrective action is appropriate. Any corrective action must be approved in advance by the
Personnel Department. The implementation of corrective action must be documented in writing
by the department implementing the corrective action.
Deschutes County retains its authority and prerogative to take corrective or disciplinary action to
address any behavior which does not constitute a violation of this policy.
The alleged victim and each complainant shall be informed whether any corrective action has
been taken.
E. Appeals
If any alleged violation of this policy is made the subject of a grievance under a collective
bargaining agreement or the Deschutes County Personnel Rules, the appeal of any determination
made under this policy shall be made in accordance with the grievance procedures established by
the applicable collective bargaining agreement or the Deschutes County Personnel Rules.
If any alleged violation of this policy is complained of but not through filing a grievance, then the
appeal of any determination made under this policy shall be made to the Deschutes County Board
of County Commissioners. Any such appeal must be submitted to the Board in writing within ten
(10) calendar days after the date the complainant and the alleged victim are notified of the
determination. The Board shall consider and decide any such appeal within thirty (30) calendar
days after the appeal is submitted in writing to the Board. The Board will issue a written decision
concerning the appeal. The Board, at the sole discretion of the Board, may, but is not required to,
convene a hearing to consider the appeal before the Board issues a decision regarding the appeal.
Appeals of any corrective or disciplinary action imposed pursuant to this policy shall be taken in
accordance with the grievance procedures established by the applicable collective bargaining
agreement, or, if no collective bargaining agreement applies, by the Deschutes County Personnel
Rules.
Approved by the Deschutes County Board of Commissioners October 27, 2004.
Dave Kanner
County Administrator
Policy # HR-10 Non-Harassment and Non-Discrimination
Deschutes County Finance Policy No. F-1
Effective Date:
REIMBURSEMENT FOR MISCELLANEOUS EXPENSES
AND EXPENSES INCURRED WHILE TRAVELING
ON COUNTY BUSINESS
STATEMENT OF POLICY
It is the policy of Deschutes County to allow for reasonable and necessary travel (including lodging, meal and
transportation) expenses and certain miscellaneous expenses shall be approved for reimbursement. It is
preferable that payments are made directly to vendors for purchases; however, in some cases an employee may
have to incur expenses on behalf of the County.
APPLICABILITY
This policy applies to all County personnel authorized to incur expenses while acting within the scope of
employment with Deschutes County.
POLICY AND PROCEDURE
The following reimbursement guidelines will apply:
I Request for reimbursement must be submitted on a DESCHUTES COUNTY EMPLOYEE
REIMBURSEMENT FORM (see attached copy). The form must be completed in its entirety, signed
by the employee and approved by the employee's department head or the department head's designee.
A completed DESCHUTES COUNTY ACCOUNTS PAYABLE VOUCHER, with the approved
employee reimbursement form attached, should be forwarded to the Finance Department for
processing.
2. Generally; requests for reimbursement must be made within 60 days of the date the expense was
incurred. If the reimbursement request is $10 or less, employees MAY be reimbursed through the
department's petty cash fund, if such funds are available and if appropriate documentation is
submitted to the department's petty cash"custodian.
3. Each reimbursement request for any out-of-state travel MUST be accompanied by a copy of the
approved Out-of-State Travel Authorization Form (see attached copy). The form must be completed
in its entirety, authorized by the initiating department head and approved by the County Administrator
and the Board of Commissioners prior to the initiation of any travel arrangements. Out-of-state travel
that is directly work related, benefits the county and requires no expense on the part of the county may
be approved by the department head.
4. Mileage will be reimbursed at the rate allowed by the IRS at the time the mileage was incurred. The
rate is adjusted periodically, as announced by the IRS (normally each January).
5. When possible, employees shall use the County's existing accounts with vendors, local and non-local,
or shall establish credit with vendors instead of using their personal funds for payment of expenditures
incurred for the benefit of the County. It may be more convenient and expedient for an employee to
incur expenses on behalf of the County; however, employees are encouraged to make these County-
related expenditures only when necessary.
Policy #F-1, Travel and Miscellaneous Expense Reimbursements Page 1 of 3
Such purchases should be limited to the following items:
a. Lodging and meals purchased while on County-related business.
b. Public transportation (buses, subways, & taxis)
c. Airfare, if Internet fare is less than that available through local travel agency.
While not an all-inclusive list, the following are examples of items that employees should NOT
purchase with their own funds:
a. Furniture
b. Equipment
c. Office fixtures
d. Computer hardware & software
e. Professional services and other labor
£ Subscriptions
g. Books
h. Office supplies
6. Payment to vendors for lodging and conferences will be made in advance when appropriate, supporting
documentation (e.g. lodging reservation invoice., conference registration form) attached to an approved
Accounts Payable Voucher is submitted to the Finance Department at.least three weeks prior to the
date the payment is required.
7. No cash advances for travel will be allowed.
8. Original receipts or invoices must be submitted with reimbursement requests, with the exception of
reimbursement requests for the actual cost of meals incurred during employment-related travel (see
#11. a.). Receipts and invoices are itemized'.] istings of all charges.' An exception may be granted if a
written explanation is provided when a receipt or invoice is either unavailable or lost.
9. It is expected that the least expensive mode of transportation available will be used.
10. Lodging expenses will be reimbursed at actual cost and generally should not exceed the maximum
amounts established by theU.S. General` Services Administration "GSA" (see #12). See exceptions to
this maxiinum discussed in paragraph 13.
11. Meal reimbursement.
a.' MEAL COST INCURRED DURING EMPLOYMENT-RELATED TRAVEL:
Employees will be reimbursed for actual cost of meals incurred while on overnight employment-
related travel outside of Deschutes County, up to the maximum amounts established by the GSA for
employment-related travel. As the County cannot reimburse for alcoholic beverage purchases, such
expenditures should not be included in the requested reimbursement. Receipts for meals incurred
during employment-related travel are not required. Cities not listed or located in listed counties will
be reimbursed at the standard CONUS rate noted on the Per Diem tables, as required by IRS
regulations, except that employment-related travel expenses incurred in Salem, OR, shall be
reimbursed at the rate(s) established by the GSA for Eugene, OR..
b. OTHER MEAL COST:
Employees will be reimbursed for actual cost of meals incurred while attending employment-related
meetings, also referred to as business meetings. Receipts for such meals are required for
reimbursement (See #8 for description of receipt.) In addition to the receipt, the business purpose of
the meeting and the names of those attending the meeting should be noted on the reimbursement
request. If names of those in attendance at the business meeting are not available, a description of the
group and the number of people in the group should be noted. As the County cannot reimburse for
alcoholic beverage purchases, such expenditures should not be included in the requested
reimbursement.
Policy #17-1, Travel and Miscellaneous Expense Reimbursements Page 2 of 3
r
12. Maximum rates for meal reimbursements incurred during employment-related travel are established by
the GSA. Maximum rates are based on locality. In the event the employee is in more than one
locality during employment-related travel, the maximum rate allowable (see #11. a.) is the locality in
which the reimbursable expense was incurred. A link to GSA's website is on the County's intranet
home page, (the first link listed under Finance) and can also be accessed directly at
www.gsa.gov/nerdiem. These rates, presented in the column labeled "M & IE rate" include taxes &
gratuity. Please note: the M & IE rate includes an amount for incidental expenses ("IE"); therefore the
maximum meal reimbursement is the M & IE rate less the incidental allowance stated on the GSA
website. A copy of the per diem rate information from the website MUST be attached to the
DESCHUTES COUNTY EMPLOYEE REIMBURSEMENT FORM. If request is for other than full
day, (e.g., lunch is provided at a workshop, therefore, reimbursement is 'Iimited to breakfast and
dinner), reimbursements are based on the following percentages of the daily meal rate: Breakfast -
20%; Lunch - 30%; Dinner - 50%.
Meals included in the cost of lodging, conference or workshop registration fees (as part of the base
registration fee), airfare or if they are provided at no expense to the employee, should not be included
as part of the employee reimbursement request, and -ill not be reimbursed to the employee.
Additionally, when the cost of lodging, conference, workshop or airline ticket rate includes a meal, the
employee will not be reimbursed for any additional cost incurred for an alternate meal.
13. The following exceptions may be authorized if approved by 'the County Administrator:
➢ The cost of a meal in excess of maximum' allowance included as part of a conference or seminar
registration fee.
➢ The lowest priced room at a conference exceeds the maximum lodging reimbursement, or there are
circumstances that do not allow the employee to secure lodging below the maximum level. An
explanation must be included -with the Employee Reimbursement Form.
➢ Internet purchases using personal credit cards.
Note: Any request for reimbursement that does not meet the guidelines set in this policy will be
returned to the department of origin.
Approved by the Deschutes County Board=of Commissioners [date]
Dave Kanner
County Administrator
Policy #F-1, Travel and Miscellaneous Expense Reimbursements
Page 3 of 3
Deschutes County Administrative Policy No. F-2
Effective Date:
TRAVELING ON COUNTY BUSINESS
STATEMENT OF POLICY
It is the policy of Deschutes County that travel for County business shall be limited to travel that is
necessary and shall be done in a cost-effective manner.
APPLICABILITY
This policy applies to all employees, agents, volunteers and elected officials of Deschutes County.
POLICY AND PROCEDURE
In General
Deschutes County recognizes that it may from time to time be necessary to travel for training,
professional conferences and business meetings. Employees, agents and elected officials ("employees")
shall travel only when absolutely necessary and when travel does not interfere with or disrupt regular
county operations for which the employee's presence is required.
Employees are expected to be conservative in lodging, meals, and transportation expenses. Conservative
means the least expensive method reasonably possible. All modes of transportation coupled with
accommodations are to be considered. For airline travel, it is intended that low cost plane fares will be
used irrespective of mileage reimbursement and/or additional hotel daysincentives at higher fares. For
overnight travel, it is also expected that reasonably priced hotels will be selected in safe neighborhoods,
conveniently located near meetings or conferences.'
Employees should consider the cost of their time in determining the most appropriate mode of
transportation and may, with the approval of their depatttment head, use airline travel rather than car travel
to avoid overnight stays and unnecessary days away from their primary job site when traveling to
locations served by, direct flights from the Redmond Airport, such as Portland or Seattle. During winter
months, employees' shall consider personal safety in determining the most appropriate form of
transportation.
Out-of-State Travel
Due to the' expense, out-of-state travel should be rare and should be undertaken only when there is no
viable in-state alternative. All out-of-state travel requires advance approval per the terms of Policy No. F-
l, Reimbursement' for Miscellaneous Expenses. Policy No. F-1 notwithstanding, out-of-state travel by
Sheriff's Office or District Attorney's Office personnel for official law enforcement or prosecutorial
business, including but not limited to prisoner extradition or witness interviews may be approved by the
Sheriff or District Attorney with no further approval required.
Requests for out-of-state travel will be considered on a case-by-case basis. In general, out-of-state travel
shall be approved under the following circumstances:
• It is for training that is directly related to an employee's essential job functions and no
comparable training is available in-state or is not provided in-state in a timely manner;
• It is for continuing education or accreditation required for a professional license or certification
an employee must maintain and no comparable programs are available in-state or are not
provided in-state in a timely manner;
• It is for an annual conference of a professional association that provides unique training or
educational opportunities for an employee who is a member of the association;
Policy No. F-2, Traveling on County Business Page 1
• It is for the furtherance of County interests before other government agencies with legislative or
financial control over matters that directly impact Deschutes County.
Automobile Travel
In-state travel shall generally be done by automobile. Employees shall use a county owned vehicle for
such travel, unless the use of a personal vehicle is approved per the terms and conditions of Policy No.
RM-1, Driving on County Business. Out-of-state travel shall be done with the most cost-effective means
of transportation available. Only those County automobiles insured for out-of-state travel shall be used
for such purposes. If no such vehicles are available, employees shall use a personal vehicle or a rental
vehicle, whichever option is the least costly.
If an employee combines personal business or vacation/time management' leave with the business travel,
the employee must use a personal vehicle. If the use of a personal vehicle is not permitted by the
employee's supervisor, the employee may not combine personal business or vacation/time management
leave with the business travel.
Car Rentals and Shuttle Services
When traveling by rail, bus or air, employees may rent cars, at county expense, only if no shuttle or taxi
transportation to their destination is available, or the shuttle or taxi is unavailable, or the cost will exceed
the car rental. Employees who find shuttle services inconvenient may"rent cars at their own expense and
be reimbursed up to documented shuttle rates. Whenever a car is rented for county business purposes, all
offered liability insurance must be purchased.
Trip Changes
Occasionally trip plans will change after the employee has begun the trip. The county will cover the cost
of additional meals, hotels, and taxi/shuttles if the charge is the result of canceled or delayed flights, road
closures, earthquakes, or other disasters. Expenses for employees who choose to change plans for any
other reason will not be paid;by the county and any additional time off will not be considered work time.
Length of Trip
No additional days of travel beyond the conference and the minimal amount of time needed to reach the
destination and/or return will be paid by the county_ Employees required to stay over a Saturday in order
to take advantage of a low-cost airfare shall not be charged vacation time and shall have expenses paid.
Other exceptions must be approved by the County Administrator's Office. Employees who otherwise
extend a trip shall do so only with the advance approval of their department head and at their own
expense and time.
Reimbursement,
Employees who are authorized to use their personal vehicle for county business or travel are entitled to
reimbursement at the maximum rate allowed by the IRS unless otherwise provided by a collective
bargaining agreement. Procedures for mileage reimbursement are contained in Policy No. F-1,
Reimbursement for Miscellaneous Expenses.
Approved by the Deschutes County Board of Commissioners ((((date))))
Dave Kanner
County Administrator
Policy No. F-2, Traveling on County Business Page 2
1
Deschutes County Administrative Policy No. IT-1
Effective Date:
COMPUTER, E-MAIL
AND MOBILE COMPUTING DEVICE USE
STATEMENT OF POLICY
It is the policy of Deschutes County to ensure that electronic mail, internet, intranet, and county
computers (County Computer Resources) within Deschutes County computer systems are used
appropriately and the use is consistent with Oregon Public Records and Government Standards
and Practices laws.
APPLICABILITY
This policy applies to all Deschutes County personnel andvolunteers who use county computer
resources.
POLICY AND PROCEDURES
In General
Except as outlined below, Deschutes County computer equ"fpment, including without limitation
hardware, printers, PDA's, laptops, mobile -computing devices, software and other electronic
information technology (herein collectively "Computer Resources") are to be used only for
County business.
As used in this policy, references to the Information Technology Department shall include the
person or persons designated by the Director of the Road Department and the Director of 9-1-1 to
perform such functions on behalf of the Road Department and 9-1-1 respectively.
The County may access, enter and inspect County property assigned to individual employees at
any time without notice, including buf not limited to computer hard drives, software, files, E-
mail, etc.
County errrployees' use of County Computer Resources must comply with any and all service or
contractual agreements with commercial service providers.
County Computer Resources are provided and shall be used to conduct County business. The
County encourages authorized employees to use County Computer Resources as
communications, business and research tools. These tools will allow employees to communicate
with the public and other audiences, provide information about County Systems and programs,
and conduct County business. County Computer Resources, including the Internet, provide
access to a wide range of valid and valuable research tools and information. The County may
keep a log of employees' Internet use and E-mail. These are considered public records and, unless
they qualify for legal exception, are subject to disclosure to the public.
Although information contained on County Computer Resources may be considered public
records, each employee has the responsibility to ensure that employee's data is adequately
protected against unauthorized access by complying with the access controls and other security
measures provided by the County. Each employee should take prudent and reasonable steps to
limit access to that employee's accounts and passwords. An employee's passwords and accounts
Policy # IT- I, Computer and Mobile Computing Device Use Page I
must remain confidential and should be changed frequently. When changing a password,
common personally related words, such as family member or pet names should be avoided.
Incidental Personal Use
Limited minor and incidental personal use which otherwise complies with this policy and which
does not interfere with County business is permitted unless this type of use is suspended or
terminated for operational or disciplinary reasons (including violation of this policy) by the
employee's Supervisor or Department Head. For the limited purpose of compliance with the
State Ethics Law (ORS 244.040) this incidental use is considered part of an employee's
compensation package.
Examples of limited minor and incidental personal use would be: on non-work time (lunch,
breaks and before and after regular work hours), an employee can send and receive personal E-
mail, or view an Internet site to check the price of and occasionally purchase an airline ticket;
make an occasional investment in his or her deferred compensation account, submit an insurance
claim, or sell a used book.
County Records
Unless otherwise specified by written agreement, all software programs, electronic documents,
and data generated and/or residing on the County computer equipment or generated by County
employees or others at the direction of the County, and all County Computer Resources are
County records and therefore County property. The County reserves the right to access and
disclose all messages sent over the E-mail system for any purpose, including the right to disclose
E-mail messages to law enforcement officials without prior notice. E-mail messages may be
accessed and reviewed at any time by the Department Head, the County Administrator, the
Information Technology Director or County ! Legal °Counsel; they may also be accessed and
reviewed by computer support staff for the limited purpose of providing support services. The
County further retains the discretion.to assert any applicable privileges and objections if a public
records request or discovery request is -made for any County E-mail or other information
contained in the County Computer Resources. An employee desiring the County assert a
privilege or objection under the Public Records law with respect to County E-mail shall notify the
Department Head who in consultation with Legal Counsel shall make a final determination.
All use of County computer' resources shall comply with all federal and state confidentiality laws
including, but not limited to, the Health Information Portability and Accountability Act of 1996
("HIPAA") and with all County policies regarding confidentiality.
Acceptable Internet Use.
Acceptable uses of the Internet include, but are not limited to, communication or Internet activity
that is in direct support of County-budgeted programs and activities. In addition, the following is
a general list of acceptable County use of the Internet; it is not intended to be exhaustive:
a. Communication for County purposes with other federal, state, or local government
agencies, their staffs, committees, boards and/or commissions.
b. Communication for job-related professional development, to increase knowledge of
issues in a field or subfield of knowledge.
C. The use of worldwide webs or search engines to research work-related topics.
d. Any other administrative communications or activities that are in direct support of
County programs.
E-mail use.
Policy # IT- 1, Computer and Mobile Computing Device Use Page 2
r
E-Mail should be used as a tool only by County employees or other users authorized by the
Department Head for County business purposes. Users should not expect privacy, but observe
courtesy and good security practices. There are a variety of ways an E-mail communication can
be disclosed to people other than the intended recipient. Deschutes County has the right to
monitor the usage of any County Computer Resources. All E-mail sent to or from County
computer resources are public records, whether in printed or electronic form, and are subject to
the disclosure and inspection provisions of ORS 192 as it currently exists or may from time to
time be amended.
E-mail, Intranet messages and downloaded files shall be retained and destroyed in accordance
with retention schedules issued by the Oregon Secretary of State, Archives Division. Records
may be retained either in hard copy or electronic format. If a hard copy of the E-mail message or
downloaded file is printed, then the electronic version may be deleted. One version should be
kept according to the applicable retention schedule and subject-to the Oregon Secretary of State,
Archives Division. Questions about retention of E-mail messages (or ether public records) shall
be directed first to the department head, then, if necessary,, to County Legal Counsel.
The intended recipient of an E-mail communication can forward information to a third party
without the sender's knowledge. In addition, Deschutes County shall not be responsible for
Internet or E-mail communications that are misdirected or disclosedto third parties due to human
or system error, nor for communications disclosed in the course of maintaining the system or
fixing a system problem, nor for communication intercepted by ttnauthorized individuals.
E-mail should be used wisely. It is appropriate to use E-mail to exchange County business-
related information with colleagues, provide project updates and status reports, share meeting
times and scheduling information, provide reports and information that have been requested by
the other party, and let a Supervisor know of;--important changes and developments. If an
employee receives an inappropriate E-mail, he or:she should take appropriate steps to inform the
sender to not send such E-mail, notify their management about the inappropriate email, forward
the message to no one other than IT -to block future messages from the same source if blocking is
possible, and thereafter delete the message. The._employee should contact the IT Department if
assistance is-needed.
Due to the potential for disrupting employees' work County-wide E-mail broadcast (to
"Everyone") should be used only in very limited situations and may not be sent without the prior
approval of the Public Communications Coordinator and/or the County Administrator. All-staff
E-mail may be sent without prior approval in cases of personnel announcements, countywide
outages of telephone, HVAC; or other support systems, or in cases of scheduled computer
maintenance that willlimit access to programs and applications. All-staff E-mail will be
approved when it is necessary to reach a majority of County employees regardless of work
location and work hours and will be limited to messages that comply with this policy and meet all
the following criteria:
• The message is clearly related to County Business.
• The message is of potential interest and benefit to a majority of County employees.
• The message promotes events that are accessible by County employees regardless of
work location and work hours.
• The message does not contain a solicitation of funds for the benefit of a private party,
including a private non-profit group, except for the annual United Way campaign.
• The message contains information of a time or date sensitive nature that makes E-mail
more reasonable than use of the County's Intranet or other means of communication.
Policy # IT- 1, Computer and Mobile Computing Device Use
Page 3
Prudent Exercise of Judgment
Employees must represent Deschutes County's best interests, with a prudent exercise of judgment
in the use of County Computer Resources. This includes avoiding visiting pornographic sites or
"sounding off' in public forums for example, chat rooms, newsgroups and mailing lists. When
logged in from a site that is identifiable with Deschutes County, employees will avoid any
communications or activities that are libelous, harmful to Deschutes County's reputation or are
unauthorized expressions of County policies.
Employees shall respect the rights of others. Employees shall not copy or distribute any
copyrighted material found on the Internet. Employees are to treat 'all material as copyrighted,
unless the author has given his or her permission for the material to be redistributed.
Employees shall avoid monopolizing systems, connect time, disk space and other computer
resources. The Information Technology Department shall be contacted to restore backed-up data
files.
All persons accessing county computer resources froin remote locations are required to have virus
checking software installed on the computer equipment used to access the county computer
resources. The virus checking software must be operational and must be at the latest release.
Unacceptable Use of County Computer Resources
Employees are strictly prohibited from using County Computer Resources in connection with any
of the activities described below. This list is illustrative of prohibited activities and is not
intended to be all-inclusive. If a prohibition exists in any applicable state or federal law,
administrative rule, other administrative procedure or directive established within the employee's
department, it is likewise applicable and incorporated by reference herein. While limited minor
and incidental personal use is permitted, such use does not include or permit any prohibited
activity.
Prohibited activities:
• Attempting to Or circumventing, reducing, or defeating security or auditing systems
of County Computer Resources or those of any other organization without prior
authorization' from County Legal Counsel or the IT Director.
• Taking any action that attempts to or renders the user's computer equipment unusable
or that interferes With another's use of County Computer Resources including any
activity around ,the' workstation that may result in damage to any County Computer
Resources.
• Obtaining unauthorized access to any computer system.
• Using another individual's password, account or identity without explicit
authorization of the individual, unless this is approved by the department head, the IT
Director, County Legal Counsel, or the County Administrator.
• Providing the employee's own password, access identifiers or other access to County
Computer Resources, to anyone not authorized by the department head or IT
Department.
Policy # IT- 1, Computer and Mobile Computing Device Use Page 4
• Monitoring or intercepting the files or electronic communications of employees or
third parties, unless this is approved by the department head, the IT Director, County
Legal Counsel, or the County Administrator, law enforcement officials or as an
authorized use of a particular software program (e.g., calendar management).
• Engaging in illegal, fraudulent, tortuous, libelous or malicious conduct.
• Downloading software off the Internet without previous authorization from the IT
Department.
• Except as allowed under any software license and as authorized by the IT
Department, copying or downloading any software from or onto County Computer
Resources. No unauthorized software or hardware is permitted on County
Computer Resources. Any commercial software residing on County Computer
Resources shall be purchased through an authorized vendor or otherwise lawfully
obtained. Except as otherwise allowed under the'"software license obtained by the
County, and except for backup/archival purposes, software owned by Deschutes
County or installed on County Computer Resources is covered under the copyright
laws and shall not be copied, duplicated, or installed on any other computer resource.
• Soliciting or supporting political or religious causes or beliefs unless otherwise
allowed under ORS 260.432,for elected officials.
• Using County Computer Resources in a manner that would constitute or might be
construed by a reasonable person to constitute an endorsement of a specific
commercial entity.
• Working on behalf of organizations without any professional or business affiliation
with Deschutes County, or working on behalf of organizations with such affiliation
but outside of the specific County business with them.
• Except as expressly authorized by the department head, the County Administrator or
the Board of County Commissioners as a matter of County concern, using County
Computer Resources to solicit for non-profit or charitable activity.
• Sending, printing, or storing offensive, obscene, or defamatory material. This
includes initiating or circulating a report, knowing it to be false, concerning an
alleged or impending fire, explosion, crime, and catastrophe or other emergency,
while intending to cause public inconvenience or alarm.
• Sending uninvited E-mail of a personal nature.
• Visiting or viewing pornographic Internet sites, downloading pornographic materials
from the Internet, sending or retrieving sexually explicit or objectively offensive
messages, cartoons or jokes, ethnic slurs, racial epithets or any other statement or
image that might be construed as Harassment (as defined by either ORS 166.065 or
the County's Nonharassment Policy), disparagement, libel, or discrimination based
on age, marital status, sex, race, sexual orientation, national origin, disability, or
religious or political beliefs.
Policy # IT- 1, Computer and Mobile Computing Device Use Page 5
• Annoying or harassing other individuals, including any prohibited form of
Harassment or forging another's identity or attempting to conceal the origin of the
message in any other way.
• Distributing or storing chain letters, solicitations, junk mail, spam, offers to buy or
sell goods, or other non-business material of a trivial or frivolous nature.
• Using County Computer Resources to play games during working hours.
• Using County Computer Resources for personal financial gain or the financial gain of
the user's family, or for the avoidance of personal financial detriment or the
avoidance of personal financial detriment to the user's fain i ly.
• Removing County Computer Resources from County premises without prior
authorization from the Department Head.
• Obligating the County to any subscription service (Internet, etc.) or incurring any
long distance phone charges on County-paid phone. lines for modem connections
without approval from the department head or IT Director.
• Purchasing computer hardware, such as printers,or scanners, for use with County
Computer Resources without first consulting IT to insure the hardware and its
features are compatible with the Deschutes County computing environment.
Mobile Computing Devices (MCDs)
Mobile Computing Devices include personal digital assistants (PDAs), laptop computers,
and cell phones with data access capabilities including, but not limited to Blackberrys and
other smart phones iPods, tablet PCs, and other, portable electronic computer equipment.
The Information Technology Department will support only those MCDs purchased and
owned by the County. Support for County owned mobile computing devices includes
installation, <training. and interfacing to Microsoft calendaring, e-mail, tasks, and notes. MCD's
owned by County employees will not be supported. Non-County owned mobile computing
devices may not be connected in any way to the internal County secure network. Assistance for
non=County owned mobile computing devices will be limited to providing the configuration
parameters necessary to establish a connection to approved County resources.
The Information Technology Department will not assume responsibility for data loss on MCDs.
Use of mobile computing devices to connect to County resources must be approved by the
requestor's department head and the Information Technology Department.
Mobile computing devices are computing and data storage devices. Mobile computing device
users assume all responsibility for securing their mobile computing device and its data in
accordance to the County computer usage policy, the guidelines presented in the County security
training, and all federal, state, and local laws to which the data is subject.
Express Waiver of Privacy Rights
Employees and Volunteers should not expect personal privacy with respect to any of their
activities using County computer resources. Deschutes County reserves the right to review any
information, files or communications created, sent, used, stored, deleted, or received on its
computer systems.
Policy # IT- 1, Computer and Mobile Computing Device Use Page 6
11
The County has the right and the capability of restoring E-mail messages and visited internet sites
that a user has attempted to delete. In exchange for the County assigning County Computer
Resources to the employee and allowing the employee's use of Computer Resources, each
employee expressly waives any privacy interest the employee may have in the use of County
Computer Resources that is not in compliance with this policy.
Enforcement.
The County will investigate any alleged abuses of its computer equipment resources. As part of
the investigation, the County may access the electronic files of its employees. The County
reserves the right to periodically conduct system audits including the review of all files of all
County computer systems to ensure proper use of its computer resources. Although the county
wishes to ensure that the personal information of its employees is protected, in the course of its
investigation, the County may reveal private, employee-related information to other employees.
Employees violating any aspect of this policy may have their access to computer resources
restricted and are subject to discipline, up to and including termination of employment.
Furthermore, employees using County Computer Resources for defamatory, illegal, or fraudulent
purposes also may be subject to civil liability and/or criminal prosecution.
Other policies
Other computer equipment policies may be implemented' by departments which augment this
policy. Under no circumstances, however, will these other policies be less restrictive than this
policy.
The Information Technology Director shall develop and-annually review and update Information
Security Procedures for the protection of the confidentiality, integrity and availability of County
data assets. These procedures' shall specifically ;address data access, system security and log-in
controls, audit processes, physical security of computer and data resources, operational security
and communications security. These procedures may, be reviewed as they are updated by the
county administrator and/or the Board of Commissioners, but shall be exempt from public
disclosure pursuant to ORS 192,501(23)(c), as it currently exists or may from time to time be
amended. All users or county computer resources may be required to attend training in
information security awareness.
Implementation
All employees including volunteers and those hired from employment agencies shall
acknowledge in writing receipt of this policy and such acknowledgement shall be included in the
employee's personnel file. Any questions relative to the intent or application of this policy
should be directed to the County Administrator, who is delegated the responsibility to interpret
and implement this policy.
Approved by the Deschutes County Board of Commissioners,
Dave Kanner
County Administrator
Policy # IT- 1, Computer and Mobile Computing Device Use
Page 7
Deschutes County Administrative Policy No: RM-1
r Effective Date:
DRIVING ON COUNTY BUSINESS & VEHICLE OPERATION
STATEMENT OF POLICY
It is the policy of Deschutes County to ensure that all operators of a vehicle used on official County business
are qualified to drive and drive safely. This policy includes County-owned, privately owned, and rented
motor vehicles used on County business. The purpose of this policy is to ensure the safety of the public,
employees, volunteers and clients by determining that vehicle operators have sufficient knowledge of proper
vehicle handling, as evidenced by a safe driving record.
APPLICABILITY
The provisions of this policy apply to any employee, elected official, agent or volunteer of the County who
may drive a County, personal or rental vehicle on County business, or who may transport a passenger while
driving on County business. If any provisions of this policy conflict with or differ from provisions of the
vehicle operation standards for sworn law enforcement personnel of the Deschutes County Sheriff's Office
standard operating procedures (e.g., "Pursuit Driving,"), then the provisions of the Sheriff's standard
operating procedures shall prevail.
POLICY AND PROCEDURE
In General
When driving is a condition of employment, the employment offer shall be made contingent upon verification
of an acceptable driving history.
No vehicle, while on County business; shall be operated by an improperly licensed driver, or by a driver with
an unacceptable driving record as defined within this policy.
County vehicles shall not be used for personal business or activities. Only authorized, emergency or on-call
personnel may use an assigned vehicle for driving to and from work. Incidental stops (e.g., fueling, rest room
stops, lunch breaks, etc.) may be necessary during the course of conducting County business. Such stops
should be brief. along the normal route expected of that vehicle, and not account for mileage above that
required for the conduct of the authorized County business. Abuse of this provision may be interpreted as
misuse of County property.
It is the responsibility of the Risk Manager to ensure that all vehicle operators have fulfilled the requirements
of this policy including having on file current driver's license information on appropriate drivers. The
employing department will ensure that finalists for positions have an acceptable driving history. The
supervising department will annually verify compliance with personal vehicle insurance requirements for
those representatives driving personal vehicles.
Except in emergencies, only authorized drivers shall operate a County vehicle.
Failure to adhere to the provisions of this policy may result in disciplinary action up to and including
termination according to County policy and applicable collective bargaining agreements.
Definitions
For the purpose of this policy, unless otherwise specified, the following definitions shall apply:
"Driver(s)" means any officer, elected official, agent, employee or volunteer who is authorized to drive on
County business.
Policy # RM-l, Driving on County BusinessNehicle Operator Standards Page 1
"County Business" means any County sanctioned activity performed within the scope of a driver's assigned
duties.
"Vehicle" means any authorized mode of transportation used to conduct County business (e.g., County or
privately owned, leased, and/or rented vehicles and equipment). Motorcycles are not an authorized mode of
transportation.
Applicants
Employment applications for positions that require driving will include a statement informing applicants that
the employment offer will be contingent upon an acceptable and verifiable driver's license and driving
history. The applicant shall provide a current Department of Motor Vehicles (DMV) certified court print of
their driving history, dated within one week of a contingent job offer, to Risk Management and the
supervising department. The driving record will be evaluated for acceptability of the driving standard as
defined in this policy and Appendix A. The class of license will be appropriate to the vehicle operated during
County business. The County will not reimburse applicants for the cost of obtaining driving records.
Applicants, including internal candidates, who do not provide required documents, will not be considered for
employment or promotion for positions that involve driving., If the position for which the applicant is being
considered is subject to a background investigation, a review of the applicant's driving record shall be
included in the background investigation. If the position is not subject to a background investigation, Risk
Management and the supervising department shall request a DMV certified court print from the applicant.
Out-of state applicants shall be required to obtain a copy of their driving record to be sent to the supervising
department by fax or mail. Once residing in Oregon, the successful applicant shall obtain an Oregon Driver's
license within 30 days of residency. Failure to obtain an Oregon Driver's license within 30 days of residency
will end authorized driving privileges, which may lead to termination of employment for positions requiring
driving responsibilities.
Current Drivers
The Risk Management Department shall order, maintain and review the driving records of any persons who
use a vehicle to conduct County-related busffiCSS. Current drivers will have their DMV certified court print
reviewed by Risk Management and the supervising department if they have been:
I. Reassigned or promoted into positions that require driving (even if reassigned or promoted from a
position that requires driving), and/or;
2. Involved in a collision or are convicted of a misdemeanor or felony traffic offense while driving on
County business. A DMV certified court print will also be reviewed if a driver is involved in a
collision or has been convicted of a traffic offense on his or her own time and it results in a change in
their driving status.
Drivers may use County vehicles only on official County business. Drivers who desire to utilize their own
vehicles on official County business must provide to their supervisor current proof of insurance and renewals
at minimum levels required by state law.
Oregon Department of Motor Vehicle's (DMV's) "auto-flag" system will be utilized, which notifies Risk
Management of changes to a driving record. Risk Management shall notify the supervising department of any
changes that may affect a person's ability to drive on behalf of Deschutes County.
Two or more suspensions or revocations within a five year period will be reviewed by the Risk Management
Department. A case by case assessment will be made by Risk Management and the supervising department
with regard to the cause of suspension, revocation, or other loss of driving privileges. Individuals covered by
Policy # RM-1, Driving on County BusinessNehicle Operator Standards Page 2
this policy shall immediately report to their supervisor any changes in driving status, whether due to citations,
suspensions, restrictions or revocation of driving privileges (whether on or off the job) or any other change in
their driving status which violates the standard for an acceptable driving record. The supervisor shall notify
Risk Management of any license status changes and Risk Management will rate the driver status, based on
current requirements of this policy and as shown in Appendix A.
Most accidents are preventable, and a frequency of accidents may indicate poor driver skills. Two or more
accidents within a five year period shall be reviewed by the Risk Management Department and/or an Accident
Review Committee. If applicable, a defensive driving course and/or other approved driver training may be
required. Drivers with a history of "at-fault" accidents may be prohibited from driving on County business.
The supervising department shall review driving status and insurance requirements of all their drivers at their
annual performance review, or annually if performance reviews are not required (e.g., volunteers). Random
reviews may also be conducted by Risk Management and/or the supervising department.
Volunteers
This policy shall also apply to anyone serving Deschutes County in a volunteer capacity who drives as a
provision of their volunteer duties. Volunteers shall be required to complete a volunteer application packet
and provide current proof of insurance if authorized to operate their personal vehicle for County business.
Volunteers shall immediately report to their supervisor any change in driving and/or insurance status that may
affect their ability to drive as a volunteer.
Driver Education
For those who drive on County business, operators of County owned or personal vehicles shall attend a
county approved driver's education class and a refresher class every two years. Drivers who are involved in
collisions or receive moving citations must take the next available driving class. Documentation of class
completion will be monitored by. Risk Management and the supervising department. New drivers must take
the first available driver's education class after hire. The County skid car program meets driver education
requirements under this section.
Using Personal Vehicles for County Business
With supervisor approval, drivers may elect to use their personal vehicle on County business. They must
fulfill the driver's education, requirements outlined above and have proof of insurance coverage on file with
the supervising department. All drivers who use personal vehicles on County business must complete a
Driver's License and Insurance Information form (Appendix B). Drivers shall be responsible for informing
their supervisor of a change in insurance status after the initial proof of insurance is filed. Driving a personal
vehicle on County business without the required insurance coverage may be grounds for termination from
County service.
When personal vehicles are used for regular County business, owners shall assure their supervisor that:
The vehicle" is in good mechanical condition;
The vehicle is insured with state-required minimums under Oregon law, and;
A current driver's license and insurance information form is on file with Risk Management and
the supervising department.
When using a personal vehicle on County business, drivers will be subject to the same restrictions and
requirements set forth for drivers of County vehicles. This includes the driver's education requirements,
utilization of personal restraint devices, restrictions on passengers, and any other guidelines set forth in this or
any other County policy statement. Drivers must request approval from their immediate supervisor prior to
traveling on County business in a personal vehicle. In cases where prior approval is not received, it shall be
the County's position that the travel is of a personal nature and not related to County business.
Policy # RM-l, Driving on County BusinessNehicle Operator Standards Page 3
"Blanket" approval by a department director is allowable in those cases where selected staff members
consistently utilize personal vehicles on County business.
Rental Vehicles
When using a rental vehicle for County business, County representatives shall confer with Risk Management
to obtain appropriate liability and property damage insurance offered by the vehicle rental company.
County Vehicles and Out of State Travel
Specific County owned vehicles have been authorized for out-of-state travel. Deschutes County maintains a
separate insurance policy on those vehicles, and their use shall be preauthorized. New drivers must be added
to the policy held by Risk Management.
Passengers
It is generally the policy of the County not to transport passengers or other individuals who do not work for
the County. It is recognized, however, that under certain circumstances such as prisoner transport or ride-
along programs, that individuals other than County employees maybe passengers in a County or personal
vehicle.
The following are authorized passengers and are permitted to ride.in County-or personal vehicles that are used
for County business:
I . County employees and/or volunteers conducting County business
2. Officers and agents representing the County
3. Vendors and contractors working under a services contract with the County and covered by an employer's
Workers' Compensation insurance
4. Participants in official County-business, training, tours and programs
5. Representatives of other governmental agencies working with the County
6. Family members in emergency situations, when no other means of transport is available
7. Law Enforcement K-9 units and Animal Control, authorized and certified assistive service animals, and
animals used in therapeutic treatment programs by the Juvenile Department. Pets are not authorized.
A restriction on passengers shall apply to personal vehicles for County business with the exception of a
family member traveling with the County representative to seminars, conferences or other training activity
that occurs outside of Deschutes County. Drivers on County business shall inform the passengers that the
County will not be responsible for injury to passengers unless their presence in the vehicle is directly related
to a County provided service.
Because drivers may work in remote or isolated areas, they may occasionally encounter a stranded motorist.
Drivers should know that:
1. There is no obligation to stop and render assistance;
2. All objective circumstances regarding personal safety should be considered before electing to
stop;
3. The only preauthorized action is to help connect the stranded motorist with appropriate roadside
assistance.
Safety and Security
Safe driving practices can result in fewer traffic incidents. Drivers should be well prepared for operating a
vehicle before using roadways. Safe driving requires concentration on driving, avoiding distractions, and
practicing defensive driving techniques. Drivers are expected to obey all traffic laws and regulations to
reduce the risk of accidents, in spite of unsafe driving by others and/or adverse conditions. Specific safety and
security measures applicable to County drivers are as follows:
Policy # RM-1, Driving on County BusinessNehicle Operator Standards Page 4
Operators of County vehicles, equipment, or other vehicles used on County business shall obey
all traffic laws, equipment, registration and licensing requirements applicable to the vehicle.
Heavy equipment operators shall comply with applicable regulations governing the use of such
equipment.
Operators and passengers of vehicles equipped with safety belts are required to wear safety belts.
Operators of off-road equipment are required to use lap belts and/or shoulder straps as supplied
by the manufacturer. It is the responsibility of the operator to see that all passengers are in
compliance. Airbags shall be operable and under no circumstances should a manual override
switch be used to turn off airbags.
3. Except for those who are required to use cellular phones and two-way radios as part of their
regular job duties (e.g., road crews and law enforcement), drivers shall not make or receive calls
while driving on County business. If the need arises to make or receive a cell phone call while
driving, the driver shall stop the vehicle in a designated parking area before using the phone. If
roadside parking is permissible and conditions allow forsafe parking, drivers may pull to the side
of the road to make or receive a call.
4. All County vehicles shall be equipped with general safety equipment which includes road flares
or traffic signaling devices, fire extinguisher, first aid, and accident reporting kits.
5. Operation of a motor vehicle on County business, whether privately or County owned, while
consuming or under the influence of alcohol or controlled substances, is prohibited and will be
grounds for immediate termination.
6. No driver shall operate a vehicle on County business while using medications that may impair
their ability to operate a motor vehicle. If labels on medications warn against operating a motor
vehicle or machinery, use of vehicles on County business is prohibited. Vehicles shall not be
operated when the driver's ability to react is impaired for any reason, including illness.
7. When unoccupied, a vehicle shall be secured by whatever means possible, depending on the
vehicle or equipment type. If the vehicle has locking doors, they must be locked when the
vehicle is unattended. Emergency and law enforcement vehicles are exempted, providing the
department has alternative security measure in place, which do not hamper operational
requirements. Equipment and vehicles that cannot be secured by means of a
locking door must be secured or rendered inoperable by some other means.
8. Valuables, such as radios, cameras, cell phones, and other County equipment sensitive
to theft shall be removed from the County vehicle at the end of each work shift. Department
heads shall institute formal policies for addressing the safety and security of all vehicles,
equipment and trailers for which they are responsible. The County is not responsible for the
loss of any personal property.
9. County representatives may not transport hazardous materials (except as may be required or
permitted as part of the job assignment by the County) or illegal materials in any vehicle used for
County related business.
10. When adverse weather makes driving conditions hazardous, supervisors should reassign or
reschedule job duties until such conditions have abated. This does not apply to police and
emergency personnel or to Road Department employees who are specifically assigned to clear
roads and rights of way of hazards created by adverse weather conditions.
Policy # RM-1, Driving on County BusinessNehicle Operator Standards Page 5
11. No authorized driver shall relinquish to a non-authorized individual the operation of a County
vehicle unless an emergency exists.
12. Supervisors shall ensure that drivers have read and acknowledge that they understand Deschutes
County's driving policy (Appendix C)
Accident Reporting to DMV
Any person who is covered by the Applicability section of this policy and is involved in an accident while
driving on County business, whether the accident involves a personal or County vehicle, may be responsible
for reporting the accident to the DMV, if the accident meets reporting criteria.
An Oregon Traffic Accident and Insurance Report form must be submitted to the Oregon Department of
Driver and Motor Vehicle Services within 72 hours of the accident, or as soon as possible, if it is determined
the accident meets reporting criteria. The driver shall provide copies of the DMV accident report to Risk
Management and their supervising department. The driver may consult with Risk Management to determine
current reporting requirements. As of July 2006, the following is applicable:
Damage to your vehicle is over $1,500;
Injury (no matter how minor) or death;
Damage to any one person's property over $1,500;
Any vehicle has damage over $1,500 and any vehicle is towed from the scene as a result of damages.
The failure to report an accident is a Class B violation and may result in the suspension of driving privileges.
All reportable accidents, as defined in this section; trust also be reported by the=driver to the supervisor and
the Risk Management Department.
In addition to DMV reporting requirements, any physical damage to County vehicles or any injury must be
reported to the Risk Management office within 24 hours using the Department's Report of Property Damage
and/or the Incident/Accident Report form available on the County's intranet site.
County Vehicle Insurance
Deschutes County has established a self-insurance fund under ORS 30.282 for, and on account of the
operation of motor vehicles within the County's.control. Uninsured motorist coverage is provided at
minimum levels required by ORS 806.070. Personal Injury Protection (P.I.P.) benefits are not provided [ORS
278.215 (2)].
Limits of Liability:
1. The maximum Deschutes County will pay for damages resulting from any one accident is:
a) $25,000 because of bodily injury to or death of any one person in any one accident;
b) Subject to that limit for one person, $50,000 because of bodily injury to or death of two or more
persons in any one accident, and;
c) $10,000 due to injury to or destruction of the property of others in any one accident.
This limit of liability is the maximum limit of liability for all damages, including damages for care, loss of
services or death, arising out of bodily injury sustained by any one person in any one accident.
Subject to this limit for each person, the limit of liability for each accident for uninsured motorist coverage is
the maximum limit of liability for all damages for bodily injury resulting from any one accident. This is the
most Deschutes County will pay regardless of the number of:
Policy # RM-l, Driving on County BusinessNehicle Operator Standards Page 6
a) Covered Persons;
b) Claims made, and/or;
c) Vehicles covered.
It is the intent of the County's vehicle insurance coverage set forth above to provide the minimum amount of
coverage under State of Oregon Financial responsibility Law and not otherwise. A copy of this provision shall
constitute proof of compliance with the Financial Responsibility Requirement of the State of Oregon.
Vehicle Maintenance
Only authorized Sheriff's and Road shop personnel shall service, repair, or assign outside repairs to County
vehicles.
Smoking in County Vehicles
Because of the safety hazards and as a courtesy to others who use County-owned vehicles, smoking in
County-owned vehicles is prohibited. Drivers shall leave vehicles clean for the next user.
Approved by the Deschutes County Board of Commissioners
Dave Kanner
County Administrator
Policy # RM-l, Driving on County BusinessNehicle Operator Standards Page 7
APPENDIX A
Requirements of an Acceptable Driving Record
Offense Type Age of Conviction
Violation
Class
Year I
Point Value
Year 2
Point Value
Year 3
Point Value
Year 4
Point Value
Year 5 plus
Point Value
A (VA) (IA)
10
9
8
7
6
B (VB) (IB)
7
6
5
4
3
C (VC) (IC)
5
4
3
2
1
D (VD) (ID)
4
3
2
1
0
Misdemeanor
Class
Year 1
Point Value
Year 2
Point Value
Year 3
Point Value
Year 4
Point -Value
Year 5 plus -
Point Value'
A (MA)
35
30
25
20
15
B (MB)
30
25
20
15
12
C (MC)
25
20
15
12
10
Felony
Class
Year 1-5
Point Value _
Year 6+
Point Value
A (FA)
Unacceptable
20
B (FB)
Unacceptable
18
C (FC)
Unacceptable''-
16
Suspensions and Revocations
Driving is prohibited under a current suspension or revocation
of driving privileges. Two or more suspensions within a five
year period will be reviewed by Risk Management and
supervising department. See Policy No. _ for more
information.
Accidents
Two or more accidents within a five year period will be
reviewed by Risk Management, supervising department and/or
an Accident Review Committee. See Policy No. for more
information.
RATING:
0-15 = ACCEPTABLE
16-20 = PROBATION
21+ = UNACCEPTABLE
Risk Management representatives are available to assist departments in evaluating driving records.
Policy # RM-1, Driving on County BusinessNehicle Operator Standards Page 8
APPENDIX B
DRIVER'S LICENSE AND INSURANCE INFORMATION
Attach a copy of your auto policy and provide copies of any policy changes or renewals.
Name:
(Last) (First) (MI)
Department:
Current Driver's License No.:
State of Issuance:
Insurance Agent: Agent Phone No.:
Insurance Policy No.:
I, the undersigned, hereby certify that I have an active automobile insurance policy that meets all legal
requirements of the State of Oregon, and I agree to keep such insurance in force as long as I drive my vehicle
on official County business.
Signature.
Date:
License Type (Class):
Automobile Insurance Company:
Policy # RM-1, Driving on County Business/Vehicle Operator Standards Page 9
l~ '2
<
APPENDIX C
I, with
(Please print) (Department)
hereby certify that I have read Deschutes County Policy No.: , "Driving on County Business &
Vehicle Operation", and I fully understand this policy as it pertains to my driving responsibilities with
Deschutes County.
Policy # RM-l, Driving on County BusinessNehicle Operator Standards Page 10
Deschutes County Administrative Policy No. GA-4
" Effective Date:
FOOD AND REFRESHMENTS
STATEMENT OF POLICY
It is the policy of Deschutes County to purchase food and refreshments for meetings and
functions only in those circumstances and for activities that are clearly related to county business
and for which scheduling necessitates the provision of food.
APPLICABILITY
This policy applies to all County personnel authorized to makepurchases of food or refreshments.
This policy does not apply to concessionaires or vendors who have contracts with the county.
This policy does not apply to departmental purchases of coffee; tea and related supplies for
employee consumption.
POLICY AND PROCEDURE
Food and beverage purchases are acceptable for certain business-related activities involving
county employees. Purchases of food, beverages and refreshments must comply with applicable
Oregon Government Standards and Pratices Commission statutes. In all cases, the prudent person
rule should be applied, using good judgment in public perception of county spending. For
example, full meals should not be purchased if a beverage or light refreshment is appropriate for
the circumstance. Food and refreshment purchases generally are not allowable for activities
involving routine, day-to-day work activities and meetings. Expenditures for food and
refreshment purchases shall not, on an equivalent basis, exceed the limits established for per diem
reimbursement, as sho u in Policy,No. F-1, Reimbursement for Miscellaneous Expenses.
Situations in which food or refeshments are appropriate include, but are not limited to: Board
appointed committee and commission meetings; public meetings to gain input on County
programs; grand juries; volunteer recognitions; professional meetings with clients or customers;
out-of=town travel and training; county sponsored or co-sponsored conferences and meetings;
department retreats; special staff development activities if activities continue through the lunch
hour; and unscheduled or unusual work activities that require employees to remain at the work
site through the lunch or dinner hour. Examples of qualifying unscheduled or unusual events are
election and emergency,operation center activities, and collective bargaining sessions that do not
recess for meals. In addition, meals provided for skills trainers who are required to dine with
clients as part of their work assignment for the purpose of teaching socialization skills and
appropriate behavior are acceptable. Instructions for meal purchases relating to out-of-town
travel and training are outlined in Policy No. F-1.
Situations where food/refreshments should not be purchased include, but are not limited to:
service club meetings such as Rotary and Kiwanis; retirement functions; Christmas parties,
birthday celebrations, and similar events; regular department staff meetings; and meetings
between or among County employees that could be scheduled during normal work hours.
Meetings between or among County staff shall normally be scheduled in such a way as to not
extend through the lunch hour.
Policy # GA-4, Food and Refreshments Page I
Purchases of alcohol are prohibited regardless of the circumstances, with the exception of
purchase of beer or wine to be sold by the Fair and Expo Department or its contracted food
concessionaire at a sanctioned county event. A liquor liability insurance policy is mandatory for
any such event.
Members of the Board of Commissioners should exercise discretion and prudent judgment in the
purchase of food and refreshments for which reimbursement is expected. Commissioner food and
refreshment purchases should be made only in the course of conducting county business or on
those occasions when the furtherance of county interests warrant such purchases. All food
reimbursement requests submitted by a commissioner shall be reviewed and countersigned by one
other commissioner.
This policy is not intended to prohibit the expenditure of county funds for the attendance of
authorized county personnel at the business meetings of local service partners (e.g., Chambers of
Commerce, Central Oregon Visitors Association, etc.) or other local government agencies when
such business meetings have been scheduled for meal times ;and`a charge is assessed for the meal.
However, County funds shall not be expended for spouses or other guests who, are not authorized
county personnel. Exceptions to this policy may be granted only by written authorization from
the county administrator. In these cases, the writtenattthorization>shall be submitted with the
reimbursement request.
The following table provides a guideline for allowable food and refreshment purchase.
Meeting Scenario
Eligible for County purchase or
reimbursement?
Between county administrator and department ;
director(s)
No, except at director retreat
Between department directors, or between
department directors and other departmental staff
No
Between county management/department
director and other non-county govt officials
No, unless meeting cannot be scheduled
except at meal time
Between county staff and contractors/consultants
No, unless meeting cannot be scheduled
except at meal time
Employee recognition
Yes, if approved in advance
Volunteer recognition
Yes, but use good judgment regarding
frequency
Retirement and similar fmictions
No
County sponsored or co-sponsored training
functions
Meals, no, unless a free-time meal break is
not possible or practical. Light refreshments
(coffee and cookies, etc.), yes.
Advisory committee meetings
Yes
Commission on Children and Families meetings
Yes
Planning Commission meetings
Yes
Budget Committee meetings
Yes
Special project/town hall meetings open to the
public
Yes
Policy # GA-4, Food and Refreshments Page 2
Staff retreats
Yes, if a free-time meal break is not possible
or practical, or if food is included in room
rental fee
Interview panel
Yes, if a free-time meal break is not possible
or practical
Regular department or program staff meetings
No
Meals for employees called in to work or
Yes, if an unscheduled event and meal break
working extra hours (e.g., snow removal,
cannot be taken.
elections, emergency operations center, etc.)
No, if a scheduled event.
Search and rescue crews on active S&R missions
Yes
Grand jury
Yes
Christmas parties, birthday celebrations and
No
similar events
Water and electrolyte-replacement drinks for
Yes, during summer months only. (Memorial
road maintenance crews
Day weekend through Labor Day weekend)
Meals for skills trainers or other employees who
Yes
dine with clients for the purpose of teaching
socialization skills and appropriate behavior
Approved by the Deschutes County Board of Commissioners
Policy # GA-4, Food and Refreshments Page 3
Deschutes County Administrative Policy No. GA-2
Effective Date:
aa~.
PUBLIC RECORDS REQUEST POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County to respond in an orderly and expeditious manner In
accordance with federal and state law to requests to inspect or receive copies of public records
maintained by Deschutes County.
APPLICABILITY
This policy applies to all County departments.
POLICY AND PROCEDURES
In General
Deschutes County recognizes the right of the public to access certain public records maintained
by the County in accordance with federal and state law.'. The County also recognizes that certain
records maintained by the County are not public records or may be exempt from public disclosure
and that a request to access public records may require a balancing of the right of the public to
access the records, individual privacy rights, governmental interests, confidentiality issues and
privilege issues. Additionally, when the County responds to requests to inspect or copy records,
costs are incurred by the County. This policy is adopted to balance these competing interests, to
establish an orderly and consistent procedure for responding to public records requests and to
support the adoption of a fee schedule designed to reimburse the County for the actual costs
incurred in responding to public records requests.
Responding to Public Records Requests
The following procedures shall be followed in responding to requests to inspect or receive copies
of public records, maintained by Deschutes County:
1. Subject to the following exceptions, all requests to inspect or copy public records maintained
by Deschutes County shall be made in Writing sufficient to identify the specific document or
document& requested or the category or categories of documents requested. Under the following
circumstances; documents may be provided without a written request:
a. Documents made generally available to the public at public meetings;
b. When, in the judgment of the County, the request is clear and the number of records to be
made available or provided is de minimus;
c. When, in the judgment of the County, it is more efficient and better serves the public
interest to make available or provide copies of requested records without requiring the request
to be in writing; and
d. Subject to approval by the County Administrator, any Department may establish a
Departmental policy to allow verbal requests for public records maintained by the
Department which are routinely requested by members of the public as part of the
Department's regular work.
Policy # GA-2, Public Records Requests
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2. The person or entity making a public records request will not be required to disclose the
reason or motive for the request unless it is determined by the County that the reason or motive
for the request is relevant to determine whether a requested record is exempt from disclosure
under a conditional exemption as set forth in ORS 192.501.
3. Each Department Head shall designate a person in his or her Department to be responsible for
responding to public records requests made to the Department (Records Custodian). If a
Department Head does not designate a person, the Department Head, unless the Department Head
is an elected official, is responsible for responding to public records requests made to the
Department. If the Department Head does not designate a person and the Department Head is an
elected official, the Administrative Assistant to the Board of County Commissioners shall be the
person responsible for responding to public records requests made to the Department.
4. Any request for access to public records maintained by Deschutes County may be referred to
Deschutes County Legal Counsel for review before a responseis issued or records are provided
for inspection or copying. Any request for public record's which involves litigation or arbitration,
except Tax Court proceedings, to which the County :is"a party, or is reasonably likely to become a
party, shall be referred to Deschutes County Legal Counsel for review and response.
5. When a request for public records is received, a review will be conducted to determine what
public records, if any, exist which are responsive to the request and to determine if any responsive
records may be exempt from disclosure. County shall not be required to compile information or
create reports related to requested public records. County may impose reasonable rules or
restrictions to protect requested records and to prevent interference with the regular discharge of
duties by County staff.
6. County reserves the right to seek clarification of any public records request before responding
to the request. County reserves the right to deny any public records request if the request is
sufficiently vague or unclear that the County cannot reasonably determine what records have
been requested.
7. Once it is determined what responsive records, if any, exist, if the requested records are not
promptly available, the person responsible for responding to the request will notify the requestor
in writing of:
a. An estimate of when the requested records will be available for inspection or copying;
b. Whether or not the'. County intends to withhold any records on the basis that they are
exempt from disclosure or do not constitute public records; and
c. The estimated fee to be charged for making the records available to the requestor or to
copy the requested records.
8. The fee to be charged for providing records in response to a public records request will be in
accordance with the fee schedule adopted by County which is in effect at the time the request is
submitted to County. Such fee shall be reasonably calculated to reimburse County for its actual
costs in making the records available and may include:
a. Charges for the time spent by County staff or any County contractor to locate the
requested public records, to review the records in order to determine whether any requested
Policy # GA-2, Public Records Requests Page 2
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records are exempt from disclosure or do not constitute public records, to segregate exempt
records, to supervise the requestor's inspection of original documents, to copy records, to certify
records as true copies and to send records by special or overnight methods such as express mail or
overnight delivery; and
b. A per page charge for copies of requested records.
9. County, at County's option, may prepare an estimate of the charges that will be incurred to
respond to a public records request and County may, at County's option, require prepayment of
the estimated charges before copying any of the requested records or making the records available
for inspection or copying. If the actual costs incurred by County to respond to a records request
are less than the amount
of any required prepayment, the overpayment will be refunded promptly to the person or entity
making the prepayment. If the actual costs incurred by County to'respond to the request are more
than the amount of the prepayment, County shall charge the, requestor for all such additional
costs.
10. County, at County's option, may make available or provide requested records in hard copy or
in electronic format.
11. Unless otherwise prohibited by law, County may, at County's discretion, furnish copies of
requested records without charge or at:a.reduced fee if County determines that the waiver or
reduction of fees is in the public interest.
12. County shall provide a reasonable opportunity for the inspection, examination or copying of
requested public records which are not exempt from disclosure.. Unless otherwise approved in
advance and in writing by'the Department Head of the Department to which the public records
request is made or the County Administrator, any inspection, examination or copying of
requested records shalt, be done in County offices during regular County business hours.
Approved by the Deschutes County Board of Commissioners
Dave Kanner
County Administrator
Policy # GA-2, Public Records Requests
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