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2007-1402-Minutes for Meeting June 25,2007 Recorded 7/30/2007COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS U 2007.147 COMMISSIONERS' JOURNAL 1111111111 all 11„11 1 07/30/2007 02:55:12 PM 2007-1402 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page g~ w ~ o ~ Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 259 2007 Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney. Also present were Dave Kanner, County Administrator; and, for part of the meeting, Anna Johnson, Communications; David Givans, Internal Auditor; Marty Wynne, Finance; and media representative Chris Stollar of The Bulletin. No other citizens were present. The meeting began at 1: 30 p.m. 1. Consideration of Approval of Deschutes County Financial Policies. Commissioner Luke asked about reserve funds and why they arrived at 18%. Mr. Wynne said it changes as the budget fluctuates during the year. Also discussed was the policy of making sure the County knows of all bank accounts being used by the County or opened in the the name of the County. Mr. Wynne stated that he asked at a conference if anyone has financial policies such as these; he said that although they all thought it was good idea, they have nothing in place. LUKE: Move approval BANEY: Second. VOTE: BANEY: Yes. LUKE: Yes. DALY: Chair votes yes. 2. Economic Development Grant Requests. Commissioner Luke stated that he received an e-mail from Scott Cooper of Crook County regarding disposal of a mobile home. Commissioners Luke and Baney agreed to split the cost, which totals about $1,000. Minutes of Administrative Work Session Monday, June 25, 2007 Page 1 of 5 Pages The Commissioners then spoke about the need for a rendering plant. There does not seem to be a good location in the local vicinity due to environmental and water use issues. 3. Update of Commissioners' Schedules; Meeting Details. Commissioner Baney will attend the Oregon Housing and Community Services meeting on June 26, in regard to affording housing in the La Pine area. Commissioner Luke said the mass transit meeting last week is making strides. Commissioner Baney said that her class at Commissioner College studied Measure 37 issues last week. The new bill that will go to the voters was discussed. Commissioner Daly will be out one week for a NACo conference. He will be touring a state of the art jail facility while there, and will meet with federal lobbyist Bill Hanka of the Ferguson Group. Commissioner Baney stated that about 300 people attended the Meth Summit last week, and some momentum is being built up. Commissioner Luke stated that emergency management plans are being discussed by the three local counties and other entities, such as St. Charles Medical Center, the Red Cross, the National Guard and the Redmond airport. Locations for an EMS center are being analyzed. Commissioner Daly said discussions are being held with a company that handles spraying for West Nile virus and other services. There is no up-front cost, but they would be ready to handle the situation immediately if a problem arises. Commissioner Luke will be out of the office much of July, but will be available as needed via conference call. Commissioner Baney said she is trying to set up a meeting with the City of Bend Council on July 11. She would like to see the Council and the Commissioners meet on a regular basis, and come up with a list of issues to prioritize and address. She prefers the meeting not be at the City or County but at Hollinshead Park, as long as the meting can be recorded. She feels food should be provided as well. Minutes of Administrative Work Session Monday, June 25, 2007 Page 2 of 5 Pages Commissioner Luke stated that in the past they haven't responded to meetings with the Commissioners, partly because they felt there wasn't anything to discuss. He added he doesn't see anything as being a battle, but wants to have enough rapport established to be able to deal with critical issues as they come up. He said that if there were a meeting of the Council and Commiersioners, there would certainly be a lot of the public interested in what is being discussed. Commissioner Daly said that he doesn't know why there needs to be a neutral location, just a place big enough to accommodate the public. He noted that the meeting would have to be recorded and it could be problematic to do so in a location that is not set up for it. 4. Discussion of Personnel Policies. Regarding HR-5, non-wage and salary compensation, Mr. Kanner noted that this covers elected officials as well as employees. Commissioner Baney asked what a confidential employee is. Mr. Kanner said that typically these are employees who work directly for management but are not part of a bargaining unit so that there is no conflict of interest in regard to labor negotiations. A non-represented employee could be exempt or non-exempt. In regard to excused time, HR-7, it includes vacation time and sick leave; people need to manage their time well so they don't end up with unpaid leave in the event of an emergency or long-term illness. Mr. Kanner said that he feels that exchange time - i.e. comp time - should not be allowed for exempt employees. These employees should be able to arrange their schedules so that they are not putting in too many hours. The fundamental message is that the employee is supposed to work as many hours as needed to get the job done, but if the work cannot get done in a logical amount of time, perhaps the workload or staffing needs to be reevaluated. Commissioner Luke stated that this could be abused substantially by department heads if two people doing similar jobs do not end up with the same workload or requirements. The County has to be fair and equal, and it should be spelled out accordingly. Mr. Kanner agreed that it is subjective, but there is a possibility that some department heads would use this policy inappropriately. However, there is no way to write enough rules to address all of the possibilities. He added that former legal counsel Mark Amberg clearly did not feel comfortable with this clause. Minutes of Administrative Work Session Monday, June 25, 2007 Page 3 of 5 Pages Commissioner Luke noted that some department heads may want to give extra work to certain employees and not properly compensate them for it, and could want to avoid additional hiring to save money. Commissioner Daly stated that exempt employees could get additional time off if needed. Commissioner Baney said that it could be awkward for employees if they need additional time off if they feel they have worked above and beyond the call of duty and are entitled to the time off. Commissioner Baney stated that she would like to see Mr. Kanner, in conjunction with the department heads, track the use of excused time to monitor how it is working and whether any problems arise. In that way, the policy can be revised if needed in the future. Commissioner Luke expressed concern on how to make this type of policy fair to everyone, as there is potential for abuse, as well as conflict within the departments. Commissioner Baney said she would like to establish some kind of incentive, perhaps a card or letter from the Commissioners thanking people for their extra work. Commissioner Luke said it is hard to know what could be considered above and beyond the scope of a person's regular job. Commissioner Daly stated that is usually is obvious when someone has worked to that extent. Commissioner Baney indicated she would prefer Mr. Kanner be the gatekeeper so that it is not subject to abuse by department heads. The Commissioners asked that this be reviewed and discussed further at a later date. Mr. Kanner stated that he is not sure if there are any existing policies that should be rescinded as part of the adoption of these policies. This issue will be addressed further at the Wednesday, June 27 work session meeting. 5. Executive Session, called under ORS 192.660(2)(a), Employment of a Public Officer or Employee. The Board and County Administrator went into executive session at this time. Media representative Chris Stollar was reminded of the confidentiality of the meeting. Other attendees left the meeting. Minutes of Administrative Work Session Monday, June 25, 2007 Page 4 of 5 Pages 6. Board Action, pursuant to County Administrator Annual Performance Review. Just prior to this action, Commissioner Luke had to leave to attend another meeting. BANEY: Move approval of County Administrator's compensation level being increased to Step II. DALY: Second. VOTE: BANEY: Yes. DALY: Chair votes yes. 7. Other Items. None were offered. Being no further items to come before the Board, Commissioner Daly adjourned the meeting at 3:50 p.m. DATED this 25th Day of June 2007 for the Deschutes County Board of Commissioners. ATTEST: K35".~,L Recording Secretary Minutes of Administrative Work Session Monday, June 25, 2007 Page 5 of 5 Pages g~ O ~ Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, JUNE 25, 2007 Consideration of Approval of Deschutes County Financial Policies - Marty Wynne 2. Economic Development Grant Requests - Susan Ross 3. Update of Commissioners' Schedules; Meeting Details 4. Discussion of Personnel Policies 5. Executive Session, called under ORS 192.660(2)(a), Employment of a Public Officer or Employee 6. Board Action, pursuant to County Administrator Annual Performance Review 7. 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; or 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. DE SCHUTE S COUNTY Financial Policies Introductory Comments Deschutes County has an important responsibility to its citizens to carefully account for public funds, manage municipal finances wisely, manage growth, and plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities. In these times of rapid growth in Deschutes County, the County needs to insure that it is capable of adequately funding and providing County services needed by the community. The following Financial Policies are designed to establish guidelines for the fiscal stability of the County. The scope of these policies generally spans, among other issues, accounting, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, expenditure control, asset management, cash and investment management, and planning concepts, in order to: 1. Demonstrate to the citizens of Deschutes County, the investment community, and the bond rating agencies that the County is committed to strong fiscal operations; 2. Provide precedents for future policy makers and financial managers on common financial goals and strategies; 3. Present fairly and with full disclosure the financial position and results of financial operations of the County in conformity to Generally Accepted Accounting Principles (GAAP); and 4. Determine and demonstrate compliance with finance-related legal and contractual issues in accordance with provisions of the Oregon Revised Statutes and other pertinent legal documents and mandates. These financial policies are recommended to enable Deschutes County to meet the priorities of the Board of County Commissioners and maintain its financial condition so that it can continue to provide a high level of service to its citizens. Deschutes County Financial Policies - Page 1 of 6 (Revised 4/13/07) Financial Planning Policies • Balanced Budget Deschutes County's accounting and budgeting systems are organized and operated on a fund basis. The budget for each fund is balanced, meaning total resources, consisting of beginning net working capital, current year revenues and transfers-in, are equal to total requirements, which are specific appropriations, contingencies and unappropriated ending fund balances. If there are mid-year increases in expenses, decreases in revenue, or a combination of the two, that would result in budget imbalances, whenever possible departments will be required to make budget revisions within existing appropriations rather than spending designated contingencies or reserves to support ongoing operations. • Financial Reporting Policy The County's accounting and financial reporting systems will be maintained in conformance with all state and federal laws, generally accepted accounting principles (GAAP) and standards of the Governmental Accounting Standards Board (GASB) and the Government Finance Officers Association (GFOA). An annual audit will be performed by an independent public accounting firm, with an audit opinion to be included with the County's published Comprehensive Annual Financial Report (CAFR). The County's CAFR will be submitted to the GFOA Certification of Achievement for Excellence in Financial Reporting Program. The financial report should be in conformity with GAAP, demonstrate compliance with finance related legal and contractual provisions, disclose thoroughness and detail sufficiency, and minimize ambiguities and potentials for misleading inference. The County's CAFR will also be submitted to the national repositories identified by the Nationally Recognized Municipal Securities Information Repository (NRMSIR) as a continuing commitment to disclose thoroughness to enable investors to make informed decisions. Financial systems will maintain internal controls to monitor revenues, expenditures, and program performance on an ongoing basis. • Budgeting for Reserves and Contingencies In order to maintain a prudent level of financial resources to protect against the need to reduce service levels or raise taxes and fees due to temporary revenue shortfalls or unforeseeable one- time expenditures, the County will establish and maintain certain reserves. The County will strive to maintain a reserve in each operating fund, other than the General Fund, of 8.3 % (1/12`'') of that fund's operating budget. The County will establish operational reserves within the General Fund and strive to maintain a fund balance of at least 18% (approximately 3.5 months of property taxes) of the General Fund operating budget. Other funds that rely heavily on property taxes, which are not received until the month of November each year and, therefore, should have reserves at or near the level of the General Fund, are the Sheriff's Funds, 911, Extension/4-1-L and the Sunriver and Black Butte Ranch county service districts. Deschutes County Financial Policies - Page 2 of 6 (Revised 4/13/07) The following funds, due to their specific purposes, require reserve levels above 8.3%: - PERS Reserve Fund - Insurance (general liability, workers' compensation, unemployment, and property damage) - Health Benefits (medical, pharmacy, dental and vision) Various Community Development Reserve Funds GIS Dedicated Fund Road Building and Equipment Reserve Fund Vehicle Maintenance and Repair Fund Mental Health Acute Care Services Fund Health Department Reserve Fund Sheriff's Capital Reserve Funds General Capital Reserve Fund General County Projects Fund Project Development Fund County Clerk Records Fund Solid Waste Reserve Funds Fair/Expo Center Capital Reserve Fund • Long-range Planning Each year, the County will update resource and requirement forecasts for certain operating funds for the next two years and annually develop a five-year Capital Improvement Program (OP) for major projects related to the acquisition, expansion or rehabilitation of the County's buildings, equipment, parks, streets and other public infrastructure. These estimates will be presented to the Budget Committee in a format which is intended to facilitate budget decisions and strategic planning, based on a multi-year perspective. • Asset inventory Deschutes County will perform a physical inventory of its capital assets and controlled capital- type items not less than every four years. As part of this process the condition of all major capital assets shall be assessed. Information shall include actual value, replacement cost and remaining useful life. This information will be used to plan for the ongoing financial commitments required to maximize the public's benefit. Revenue Policies • Revenue diversification Revenue forecasts will assess the full spectrum of resources that can be allocated for public services. To the greatest extent possible, the County's revenue system will be diversified as protection from short-run fluctuations in anyone revenue source. Deschutes County Financial Policies - Page 3 of 6 (Revised 4/13/07) • Fees & Charges The County will annually review all fees for licenses, permits, fines and other miscellaneous charges in conjunction with the budget process. User charges and fees will be established based at a level related to the full cost of providing the service, unless otherwise provided by statute or regulation. The full cost of providing a service should be calculated in order to provide a basis for setting the charge or fee. Full cost incorporates direct and indirect costs, including operations and maintenance, overhead, and charges for the use of capital facilities. Other factors for fee or charge adjustments may also include the impact of inflation, other cost increases, the adequacy of the coverage of costs and current competitive rates. • Use of "One-time" revenues One-time revenues or resources shall not be used to fund ongoing operations, unless in the context of a multi-year financial plan to balance expenditures and reserves. One-time revenues should not support ongoing personnel and operating costs. Use of one-time revenues is appropriate for non-recurring capital outlay, debt retirement, contribution to capital reserve, and other non-recurring expenses. • Use of unpredictable revenues Revenues of a limited or indefinite term will generally be used for capital projects or one-time operating expenditures to ensure that no ongoing service programs are lost when such revenues are reduced or discontinued. • Grants Grants are generally contributions from one government to another, usually for a very specific purpose. Grants can be recorded in any type of fund and should be recorded in an existing fund whenever possible. It is critical that budgeted appropriations and actual expenditures for a grant activity or purchase not exceed the amount of the grant revenue. Whenever employees are hired as part of grant funding, it is essential that they are hired subject to the amount and continuation of the grant funding. Expenditure Policies • Debt Capacity, Issuance and Management The County will manage and administer its long-term debt in compliance with the restrictions and limitations of State law with regard to bonded indebtedness for counties as outlined in the Oregon Revised Statutes. These statutory restrictions establish legal limitations on the level of limited tax and general obligation bonded debt which can be issued by the County (1% and 2% of the real market value of all taxable property, respectively). The statutes outline the processes Deschutes County Financial Policies - Page 4 of 6 (Revised 4/13/07) for public hearings, public notice and bond elections, as well as provisions for the issuance and sale of bonds and restrictions on the use of those bond proceeds. • Operating/ Capital Expenditure Accountability The County will maintain an accounting system which provides internal budgetary controls. The County's budget documents shall be presented in a format that provides for logical comparison with prior fiscal periods wherever possible. Reports comparing actual revenues and expenditures to budget for the County's major operating funds shall be prepared monthly which will be distributed to the Board of County Commissioners, County Administrator, Department Heads/Directors and any interested parties. The County will strive to fund minor capital improvements on a pay-as-you-go basis to enhance its financial condition and bond rating. The County shall annually contribute to certain capital reserve funds to the extent possible given cash flow limitations and projected capital improvements. • Internal Service Funds Internal service funds are used to account for services provided by one department to other departments on a cost-reimbursement basis. The goal of an internal service fund is to measure the full cost of providing services for the purpose of fully recovering that cost through fees or charges. Deschutes County internal service funds are as follows: Building Services, Administrative Services, Finance, Legal Counsel, Personnel, Information Technology, Information Technology Reserve, the Insurance Reserve and the Health Benefits Trust Fund. Cash Management • Investments County funds will be invested in a prudent and diligent manner with emphasis on safety, liquidity and yield, in that order. The County will conform to all state and local statutes governing the investment of public funds and to the County's investment policy. The County's investment policy shall be approved by the State of Oregon Short-Term Fund Board and adopted by the Board of County Commissioners. Additionally, the County will have an Investment Advisory Committee to review the County's investment policy, its investments, and its investment strategy and philosophy. The Investment Advisory Committee will consist of financial experts who are citizens of Deschutes County, and will meet twice each year. • Banking Services The County will seek competitive bids for its banking services. Requests for proposals will be comprehensive, covering all aspects of the County's banking requirements. The award to the successful bidder will be for a five-year period. Deschutes County Financial Policies - Page 5 of 6 (Revised 4/13/07) Internal Controls and Performance Auditing Employees in the public sector are responsible to the taxpayers for how public resources are used and must perform their duties in compliance with law, policy, and established procedures. The following County activities are essential and are consistent with providing citizens with an objective and independent appraisal of County government. - Maintain an independent internal audit program to evaluate and report on the financial condition, the accuracy of financial record keeping, compliance with applicable laws, policies, guidelines and procedures, and efficiency and effectiveness of operations. Maintain a County Audit Committee comprised mostly of public citizens to oversee audit services, both external and internal. In coordination with the Audit Committee, the County Internal Auditor and the County's external auditors shall periodically review internal controls in County departments and report findings to the Audit Committee regarding these reviews. At the direction of the Audit Committee, the County Internal Auditor shall conduct performance audits to ensure departments and agencies funded by the County are operating in an efficient and cost-effective manner. Deschutes County Financial Policies - Page 6 of 6 (Revised 4/13/07) JT Es Q Department of Administrative Services { Dave Kanner, County Administrator 1300 NW Wall St, Suite 200, Bend, OR 9770' -1960 (541) 388-6570 - Fax (541) 36; 1-3202 www.co.deschut ss_or.us June 20, 2007 TO: Board of Commissioners FROM: Dave Kanner RE: Personnel Policies Attached are the revised personnel policies, incorporating comments from Mark Amberg and Debbie Legg. I revised these with "track changes" on so you can see what has changed from the version provided to you earlier. A few notes: HR-9, Violence in the workplace, is the current policy reformatted. I did not see any need to change this policy. HR-8, Drug-Free Workplace, was reviewed by Mark Pilliod. It has not been reviewed by Mark Amberg. HR-7, Excused Time, is the one that really needs your attention. I feel very strongly that exempt management and confidential employees should not receive exchange time. Exchange time is nothing more than comp time for managers and as I stated in the policy, such employees should be expected to work whatever hours are necessary to get the job done. They already get higher pay and more time management leave than non-exempt employees and are permitted to flex their schedules to compensate for extra hours worked. In the interest of full disclosure, I should tell you that Mark Amberg did not like this policy and recommended against doing it. His feeling is that excused time, as I've laid it out in this policy, could be applied subjectively and that it could be applied inconsistently from department to department. I think there are three choices with regard to this policy: 1. Scrap it altogether, in which case there is no exchange time and no other policy regarding extra hours worked for managers. 2. Adopt only the first paragraph under Policy and Procedure, which also means there is no more exchange time, but which makes it clear that managers are expected to work whatever hours are necessary and specifically allows flexible schedules. 3. (My recommendation.) Adopt the policy as proposed. The changes in the other policies are primarily language and are not substantive. I would like to schedule discussion of these policies for the June 27 work session. Quality Services Performed with Pride Deschutes County Administrative Policy No. HR-1 r~ 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 Pjan The classification plan consists of job positions in the County defined by job specifications and identified by titles. -flte classification plan shall be developed and maintained so that all substantially similar jobs (with respect to duties, responsibilities, authority- ec , ional re(uir~Lments 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 fir 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,jteview Me County may, at its discretion or per the terms of a collective bargaining agreement, review the classification plan for purpose of: • Dctemtining whether the position des%i Oms_ accurately reflects actual job conditions; and/or • Assuring that positions are properly classified; and/or • Recommending amendments and adjustments to the classification plan. New 'ositions 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 adoption process that increases the FTE in the department's adopted budget must be approved by Deleted: p Deleted: r Deleted: plat, Deleted: twsitions Policy 14 11R-J, Classification of Positions Page I 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. 11 Reclassification of 'ositions ( Deleted: 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, the p_iy_Rjr incumbent employees in the position(s) shall be moved to the step in the new grade that is closest to but tit it 1_ovNj r than their step in the old pay grade. When a reclassification or salary ( Deleted: higher 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 trozen 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 ( Jassification decisions Deleted: c Classification and reclassification decisions are the responsibility ofthe Personnel Department. If a - " Deleted: d 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 Y 1111-1, Classification ol-Positions Page 2 Deschutes County Administrative Policy No. HR-2 o { Effective Date: SELECTION AND SCREENING OF APPLICANTS FOR VACANT POSITIONS STATEM ENT 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 p-ohihits discrimination _and ensures -1pcn_com~~~t t on__cquttl unplgy_meat._9pportunil}_an~l_ti~,{~Uii~n cat the_i ost quali_fcd candidatc_lol open_pq%itions. 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 lalse 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 if hired. 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/Screeni n g,Eroc ess The Personnel Department will screen all m lo~mcnt_.app,licaLions to determine which applicants meet minimum requirements and recommend to the department head or selection committee those applicants who meet the_mimmnm 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 Deleted: forms Deleted: s Deleted: p Deleted applic mts Policy H HR-2, Screening and Selection Page I employment may be made by the department head subject to final approval by the County Administrator. Evaluatiou and Testing Guidelines Deleted: 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. 1 Formatted: Indent: Left: 3.25" Accommodation ofZisabilitiesL)uring selectiontroces,% Formatted Bullets and N mbering In accordance with the Americans with Disabilities Act and State of Oregon and local disability - lav,& Deschutes County will afford applicants with disabilities reasonable accommodation during I Deleted: . the application process. Applicants with disabilities will be provided with access to application Deleted: J materials and interview sites. Reasonable accommodation wilt be made when administering any Deleted:: required pre-employment test, examination or evaluation. Applicants may be asked if they need I Deleted: P any accommodation to complete the application,,) sting and/or ~aluation_process. Deleted: 11 Job Offers Deleted: testing A written job otter letter from the Personnel Department is required for all new hires, and for all Deleted: o _ _ 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 em1fl-o ,mr_nt_ application or during the interview process; • Is unable, with or 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 H 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,-.oa. aw, required evaluation, tctitin > or examition rocess. ----....___n..-..a----}? 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 0 11 R•2, Screening and Selection page 3 J1G5 C Deschutes County Administrative Policy No. 11R-3 B Effective Date 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 , pagnient_heads_.. managers, supervisors and ' i Deleted: hiring all.I ob 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 ofthe position applied for. Job announcements will state if finalists for the positions may be subject to a pre-employment background investigation. The department ,>ead, along with the Personnel Department, will " - ( Deleted: director determine which type(s) of background investigations will be required. of applicants. Fach applrcant,_wlll be rcqutrcd..to_ sign an.authorization _form permitting access to information and records rcgtrchne their work Instor and backgountl If an aPhlicanl rel'uses to sign the - - - - - emplovrnent rpplication_ authorizing the County to _conduct ..the background_rnvetitatwn ,.t_hc a.pnlicunt ~ill_he removed loom consideration for the_.fo5itiiin_Background investigations can be conducted prior to or following a conditional job offer. All f nalists will be notified in writing that the job offer is contingent upon tiatisf ictory results _of a-em plovmcnt NIL iD( li - Deleted: the ('011111Y reVieW , its sore I investieuLion, to be conducted bm the Count-:,.whreh the (uunt~ in its sole discretion. ivilj revic a . - - . ; discrutonor l Ile pre-entPloy»: at _ _ . - anti evaltiate , ,The same process will be followed for current employees who arc being promoted hackground in estiguii tt and hey - - or reassigned to the specified positions. Criminal and civil records generally will be searched for Deleted: will be required Io ign all any conviction history as an adult (dating back to the applicant's/employee's 18th birthday). authorization form pennlning ccess to ; inrommaticnt and records rcgar, ,ng their Juvenile records generally will not he searched. work historyandbackground- fan t applicant rouses to sign the q in The Personnel Department will review the criminal history record with the hiring department; authorizing the Courtly it) con net the ! background investigation, the :pplicam gad for his or her consideration in making the selection., will be removed 1roin conside ation for the Position. Classifications Requiring Criminal Record Checks Deleted: s Applicants will be subject to a criminal background check if the duties applied for will involve ' Deleted: director delivering to or working with juveniles, the mentally ill, developmentally disabled or elderly. I Deleted: llre results ok back ;round Applicants may, at the County's option, be subject to a criminal background check if the duties investigations are considered onrdennal applied for will involve any of the following activities: records and will be wimlteld , otn public disclosure to the full exienl al )wed by I A. Handling or processing cash and/or checks; law. Ali individual's unauthom zed access to or disclosure or these recot Is is subject B. Handling financial records; to discipline, up to and inr hoc ng termination. C. Law enforcement, correction, parole, probation or criminal justice; D. Maintaining medical, mental health, criminal and/or other confidential records or information; Policy N I IR-3, Background Checks Page I 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__L~Lrsomel file or volunteer's,t rvics~_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 Departmentlnay, 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 ca2JI. gphlictnt's._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. dishonest\: 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 Ibr 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). • 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 I Deleted: personnel I Deleted: will I Deleted: the Policy 0 HR-3. Background Checks Page 2 completion of sentence and whether the individual completed regiiircd_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.. dishonesty 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 jucad_.may terminate the employee or return the employee to the former position, if Deleted: director negative information relevant to the position in question is revealed as a result of the background investigation. I:he resliltti_ul't>gckgrgund imestigationti fte c~~nsidered conlid~ntial riccirds_aand will he withlield fr~mi public disclosurc to the lull extent allowed by la\v. An individual's unauthorized access to cu diulosurc of _th«c _rccords will suhjcct the _ individual to disc~liltc_,_up to and including; termination. - - - - - 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. 11a medical examination, physical examination, physical capacity evaluation, psychological Deleted: and/ora evaluation and/or other tcstin2.m9r evaluation is required for the position. The County will, in accordance with the Americans with Disabilities Act and any other apt?lic able law, provide reasonable accommodation to the finalist during the examination, testing or evaluation. Approved by the Deschutes County Board of Commissioners (((((date)))))) Dave Kanner County Administrator Policy H HR-3. Background Checks Page 3 vTts C °O Deschutes County Administrative Policy No. HR-4 o Effective Date: OVERTIME COMPENSATION AND COMPENSATORY TIME STATEMENT OF POLICY It is the policy of Deschutes County to provide overtime compensation and compensatory time of'f' in accordance with_applicah1e State and Federal4iycrtime laws. APPLICABILITY This policy applies to all County employees, except those who are exempt from State and Federal 4j}-crtime 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 ot'pay for all hours worked in excess of 40 hours in a work week. unless othcn8isc prpvidcd_,.liir_in a collective bareaining a> recment. Jiours worked do not include hours taken for vacation leave, sick leave, or time management leave. Holiday hours Fount 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 payroll time and leave worksheets must he signed and dated by the employee. Ifan employee is absent on the day that payroll is due, a colored c~1,~of the 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_.payrolt time and leave worksheet must be filled in with the number of hours worked for each day worked, and with all, vacation leave, sick leave, time management leave, pompensatory time off and any other form otlcave 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 payroll time and leave workshect 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 al>avt~oll time and leave workshect will subject the employee to disciplinary action, up to and including termination of employment with the County. Compensatory Time Off (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 Deleted: wage and hair I Deleted: wage and hour Deleted: ii Deleted: do Deleted: timr, Deleted: or Policy No. IiR-4, Overtime and Compensatory Time Page I compensatory time off at the rate of one and one-half jiours lijr each overtime hour; 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 gi.gh1_v_(80) hours without explicit approval by the County Administrator. Approved by the Deschutes County Board of'Commissioners (((((date)))))) Dave Kanner County Administrator Deleted. limes the number of Deleted. s Pulicy No. HRA Overtime and Compensatory Time Page 2 ~TCS ~ ~Y °c Deschutes County Administrative Policy No. HR-5 t Effective Date: o. < NON-WAGE AND SALARY COMPENSATION STATEMENT OF POLICY It is the policy of Deschutes County that..anv Porn of compensation notinandatcd or stuhll~hcil by state law, County ordinance, the County budget or County policy js 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 lbr 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 late charged to the gcgeial publicpf the same equipment,jn accordance with 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 up u,_and including termination of employment. 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. Deleted: tixw I Deleted: are I Deleted: per-page Deleted: as mat Deleted: al-large for use (Deleted: Per Policy No. II11-5, 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/spcaking 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 and ben l tts for their regularly scheduled hours and tih 111 ccmti.nuc to au.ruc_time. man.agemcnt_Icav at_lheir normal rate while feyuired It sun,i,mons or subpoena to report _lor._jury duty, ~n_Lir}_5ervicc ,._1.n eligible ernplovec Shall endorse e.\.cluding milcage,_to the,, Count} as a condition of j.uv pa}_..~,_If employees do not give the county the fee provided by the court, they will not receive county paid time for their absence. ,-mployees released from.iury 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 Deleted: ou Deleted: but the employees at in wm obligated to reimburse the Coun y for any service fee provided by the cow . Deleted: If- thejuryduty cltec contains a reimbursement fur mileage, th Couuty shall pass the reimbursement Or nigh iu t the employee and retain the reo ~indcr of any jury duty compensation. Policy No. HR-5, Non-wage and Salary Compensation Page 2 J~F y ~ Deschutes County Administrative Policy No. HR-7 o Effective Date: EXCUSED TIME FOR EXEMPT EMPLOYEES STATEMENT OF POLICY It is the policy of Deschutes County that managoq eqt and confidentl l employees %hg_ are exempt JJ•c1m_c~xcrtin>c tans shall not receive overtime, compensatory time or exchange time, but may receive excused time off. APPLICABILITY This policy applies to all panagement and confidential employees _wli,q arc exempt_._From ove time lay+s. 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 Ind confidential employees_w119 arc c em~>t from c~crtime_ L<t~A_s 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 tllen necessary to complete assignments. jNlanagcment_and confidential employ s who are crumpl_.Irom m`crtimc I tws 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 ofTshall not be taken in advance and shall be used within 12 months of when granted. Excused time shall not accumulate and ~u__ce~mhcn shaI'I...hc.Eaid lur anY_unused ct. gscd_tin e.. No employee shall take more than 80 hours of excused time in any fiscal year. Department heads must approve the granting o1' 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 I Deleted: management and cx, opt contidentialemployces I Deleted: exempt Deleted: exempt Deleted: or . . Deleted: Exempt managemet and exempt confidential employees Deleted: shall not he subject o any form ol'payuteut upon LLrmina on Policy No. HR-7, Excused Time Page I ^JYFS 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 County 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 arc not expected to return to work afterwards. POLICY AND PROCEDURES In General Deschutes County is committed 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 Countydoes 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, ef'f'ective 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. I IR-R, 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 while 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 iscritical 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 orrestricted 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 Drugs - Are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for tile. employee', 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 Policy No. HR-S, Drug Free Workplace Page 2 about the conduct of an individual that would lead the reasonable person to suspect that the individual 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, lellow 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 ofour 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: 1. 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, Policy No. HR-R, Drug Frec Workplace Page 3 regardless of whether any injury or property damage results, or any accident which results in the loss 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-duty 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 Testiin: All applicants, excluding volunteers, shall undergo testing for controlled substances following a conditional offer ofemployment for a position with the County. 2. Reasonable Suspicion Testing: An employee must submit to testing f'or 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 "Testing: Any individual, as defined in the Applicability section of this policy, 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 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~supgryiuir. Any delay in reporting Deleted: manager 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 Policy No. IIR-R, Drug Free Workplace Page 4 refused to submit to 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 individual from leaving the scene of an accident to obtain necessary emergency medical care. The results of a breath,.suliva_or urine, test for the use of alcohol or controIIcd substances, conducted !Deleted: or blood by Federal, State or local officials having independent authority for the test(s), shall be considered to i Delete d d. a or test lar Uie sc ul meet the requirements of this section, provided such tests conform to the requirements of this policy 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. Follow-up Testing: FDllowing 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. 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 r51i_all.. tic c t.use._(~r immediate termination or withdrawal of the offer of Deleted: will remit in employment. Urine specimens shall be split into two (2) portions. Iftesting 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. Ifthe 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: Policv No. HR-R, Drug Free Workplace Page 5 I. 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 readilyavailable 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 program 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 shalt include refusal to test, or test results indicating any detectable level of alcohol or the presence of controlled substances, as confirmed by the Medical Review Officer (MRO). Any probationary, extra help 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 anyof the provisions in this policy will beremoved from the job immediatelyand may be subject to termination following applicable due process procedures. Further, the Countywill 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 .rulatcd__to the employee's essential job dulics. 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 is evaluated by a substance abuse professional. The treatment or rehabilitation program used may no[ 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-S, 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 a positive 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 lol lowing the prescribed treatment program in a manner which will allow his or her return to ~Nork 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. I lowever, 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 (date) Dave Kanner County Administrator Policy No. IIR-8, Drug Free Workplace Page 9 TES Deschutes County Administrative Policy No. HR-9 o'er { 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 I 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 al towable 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/programs to 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 will 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 manner 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 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