98 -416

At a Regular Session of the County Commission of Kanawha County, West Virginia, held at the Courthouse thereof, on the 29th day of October, 1998, the following order was made and entered:

SUBJECT: ORDER AMENDING THE COUNTY COMMISSION EMPLOYEE GUIDELINES

The following motion was offered by Henry C. Shores Commissioner

The Kanawha County Commission hereby amends page 4, number 1, of the Kanawha County Commission Employee Guidelines as amended on September 25, 1997, Court Order No. 97-423 to read as follows:

1. Employees that work less than thirty-five (35) hours per week or one thousand-eight hundred and twenty (1820) hours per year, will not be eligible to earn annual leave or receive other benefits, including sick leave.

The adoption of the foregoing motion having been moved by Henry C. Shores

___________________________ Commissioner, and duly seconded by

W.Kent Carper , Commissioner, the vote thereon was as

follows:

            Louis H. Bloom, President          Aye
               Henry C. Shores, Commissioner               Aye
               W. Kent Carper, Commissioner                Aye
               WHEREUPON, Louis H. Bloom, President,       declared said motion duly

adopted; and it is therefore ADJUDGED and ORDERED that said motion be, and the same is hereby adopted.

Approved By:_____________________

County Attorney

97 -4 23

At a Regular Session of the County Commission of Kanawha

County, West Virginia, held at the Courthouse thereof, on the 25th day of September, 1997, the following order was made and entered:

SUBJECT: ORDER AMENDING THE COUNTY COMMISSION EMPLOYEE GUIDELINES

The following motion was offered by Louis H. Bloom Commissioner

The Kanawha County Commission hereby adopts the County Commission Employee Guidelines, as amended. A copy is attached hereto and made a part hereof, to replace all previous revisions.

The adoption of the foregoing motion having been moved by

Louis H. Bloom , Commissioner, and duly seconded by
W.Kent Carper , Commissioner, the vote thereon was as

follows:

Henry C. Shores, President Aye

Louis H. Bloom, Commissioner Aye
W. Kent Carper, Commissioner Aye

WHEREUPON, Henry C. Shores, President, declared said motion duly

adopted; and it is therefore ADJUDGED and the same is hereby adopted.

Approved By:_______________________

County Attorney

EMPLOYEE GUIDELINES

FOR

KANAWHA COUNTY COMMISSION

SEPTEMBER 25, 1997

TO ALL EMPLOYEES:

Welcome to the Kanawha County Commission. Every employee is entrusted with responsibilities to the public, to himself/herself, to fellow workers and to Kanawha County Commission to do the best job he/she can to insure the success of all. We are all dependent upon each other. It is our efforts that make our business a respected place in the community which we serve.

We are proud to be able to offer employment to the fine people in our community. These guidelines have two (2) purposes. The first is to protect the employees and the County Commission by having guidelines to let employees know what is expected of them. The second is to enhance our desired group image through the behavior and appearance of our employees.

Again, we would like to take this opportunity to welcome you to the Kanawha County Commission. We look forward to having you work for us.

For those employees who are currently working for us, these policies will be effective one (1) pay period’s notice upon your receipt of the Guidelines For new hires, they are effective immediately.

EQUAL EMPLOYMENT OPPORTUNITY POLICY

As an equal opportunity employer, we at Kanawha County Commission make no distinction in our hiring and promotional policies based on race, creed, color, religion, sex, marital status, age, national origin, handicap or veteran status. This policy includes the following:

1. Decisions of employment will be based on the individual’s qualifications for the positions being filled.

2. Hiring, recruiting or promoting will not be based on discriminatory reasons except where sex or age is a bona fide occupational qualification.

3. All personnel actions such as compensation, benefits, education, etc., will be administered without regard to race, creed, color, religion, sex, marital status, age, national origin, handicap or veteran status.

BENEFITS

WORKERS’ COMPENSATION INSURANCE:

We provide Workers’ Compensation for you while working. If an employee is injured while on the job, that employee must immediately report the injury to his/her supervisor.

UNEMPLOYMENT BENEFITS:

Kanawha County Commission is subject to the provisions of the West Virginia Unemployment Compensation laws.

MEDICAL INSURANCE:

Detailed information will be given to employees when hired and is subject to change.

HOURS OF WORK

1. The offices of the Kanawha County Courthouse and Judicial

Annex will be open to the public for business from 8:00 a.m.

until 4:00 p.m., Monday through Wednesday and Friday.

Thursday office hours will be from 8:00 a.m. until 7:00 p.m.

Elected officials will establish employees work hours.

2. Overtime is required.

PAYROLL

The payroll must be received by the Payroll Clerk three (3) working days before each pay period and should include any changes pertaining to that pay period. Any changes after that time will be reflected in the next pay period.

PART-TIME/TEMPORARY EMPLOYEES

1. Employees that work less than thirty five (35) hours per week, or one thousand eight hundred twenty (1,820) hours per year, will not be eligible to earn annual leave or receive other benefits, including sick leave.

2. Part-time employees that are eligible to earn annual and sick leave will earn annual and sick leave in proportion to the number of hours worked.

3. Temporary employees, employed for less than ninety (90) days, or seasonal employees, will not be eligible for annual leave or other benefits.

EMPLOYMENT

No County supervisor or department head shall put an individual to work without the written approval of the appointment authority.

EMPLOYEE ENROLLMENT/TERMINATION

1. New full-time employees, prior to starting work, must complete a payroll enrollment package. The package can be obtained from the County Clerk’s Bookkeeping Office, and must be returned after completion.

2. It is the responsibility of the employee to notify Bookkeeping of any changes, regarding the information submitted; i.e., mailing address, marital status, number of dependents, tax withholding status, voluntary deductions, savings bonds, and credit union accounts.

3. Upon termination of employment (voluntary termination, voluntary termination, and retirement), each employee will have the responsibility of completing such termination forms as may be required by the Bookkeeping Department.

ANNUAL LEAVE

Annual leave can be used for any excused absence from the work site.

(4)

ACCRUAL OF LEAVE:

Annual leave is earned at the rate of one (1) day per month for employees with less than ten (10) years of continuous service. For employees with ten (10) or more years of service, annual leave is earned at the rate of a day and a quarter (1 1/4) per month. Annual leave is recognized as being earned on the last working day of the month. For purposes of accumulating annual leave, a regular full—time employee who is eligible to accumulate annual leave, and who works less than a full day, will accrue the number of hours of annual leave each month equal to the number of hours said employee regularly works each day. (For example, an employee who regularly works four (4) hours a day will accumulate four (4) hours annual leave each month.)

Employees may accumulate annual leave based on the following schedule:

YEARS OF SERVICE DAYS ACCUMULATED

0—5 20 days

5—10 25 days

10—15 30 days

             15- 20                         35days
             20— 25                         40days
             25and over                     45days

REQUESTING AND GRANTING:

Annual leave shall be granted to an employee at such times as will not affect the agency’s efficient operation. Employees shall request annual leave in writing and in advance of taking such leave. Requests for two (2) or more annual leave days shall be submitted at least three (3) working days in advance.

Annual leave will not be granted in advance of its being earned.

CARRY-OVER OF ANNUAL LEAVE 3

Accumulated annual leave may be carried over to the next calendar year; however, the number of days which may be carried over shall not exceed the number of days set forth in the above Years of Service/Days Accumulated Schedule.

TRANSFER OF SERVICE:

When an employee transfers from one (1) elected official’s department to another elected official’s department, the transfer of leave time will be the decision of the elected official in the new department. An employee who is compensated for his/her annual leave time prior to transferring will carry a balance of zero

annual and zero sick leave. It is the responsibility of the previous employer to provide written documentation of the employee’s annual and sick leave balance. Compensation will not be granted for sick leave time.

SICK LEAVE

Sick leave is to be used for an excused absence from the work site for (1) illness or injury on the part of an employee or (2) employee’s immediate family. “Immediate family” shall be limited to the employee’s spouse, children, parents, grandparents, grandchildren, brothers and sisters.

Sick leave will be earned at the rate of one (1) day per month. There will be no limit on the number of sick days an employee can accumulate; however, all accumulated sick leave is forfeited at the time of termination or resignation.

Those employees eligible to earn annual leave will be eligible to earn sick leave. The employer reserves the right to request a doctor’s excuse at any time.

REQUESTING AND GRANTING:

1. When a day employee is unable to report to work due to an illness, he/she should notify his/her immediate supervisor within thirty (30) minutes of his/her scheduled starting time.

2. Employees on evening/night shift or in a job that requires a replacement who are unable to report to work will notify their supervisor at least two (2) hours in advance of their starting time.

3. Illness or injury resulting in any absence will require a physician’s statement if so requested.

4. Employees who take sick leave may be required to submit a physician’s statement upon request.

USING ANNUAL FOR SICK LEAVE:

1. An employee who exhausts all of his/her accumulated sick leave may request that his/her annual leave be used, provided the illness or reasons for absence from the work site can be verified by a physician when the absence is for three (3) days or longer.

2. Requests to use annual leave when sick leave is exhausted must be done in writing.

TRANSFER OF SERVICE:

Employees transferring from one (1) elected official’s office to another elected official’s office, and who are transferring their annual leave, will be entitled to transfer all their accumulated sick leave. When an employee is compensated for his/her annual leave prior to transferring to another office, he/she will carry a balance of zero annual leave and zero sick

leave.

FUNERAL LEAVE

Three (3) days will be granted to each employee per fiscal year for deaths in the immediate family which shall not be charged to sick or annual leave. Immediate family shall be limited to the employee’s spouse, children, parents, grandparents, brothers, sisters, mother—in—law or father—in—law. The Commission reserves the right to ask for proof of death when an employee misses due to bereavement. Funeral leave cannot be accumulated from one year to the next.

OVERTIME

1. Overtime payments made for hours worked in excess of forty (40) hours per week must be paid at a rate of time and a half.

2. All overtime must have the department head’s prior approval.

3. All overtime is mandatory when requested.

HOLIDAYS

1. The County will recognize as official holidays those days required as employee holidays by the State of West Virginia.

2. The holiday will not be paid if an employee has an unexcused absence the day before or the day after the holiday.

SAFETY RULES AND REGULATIONS

Employees should report any unsafe working condition or hazard to management as soon as possible.

SOLICITATION POLICY

No solicitation will be allowed to or by employees while working on County property. Employees may not distribute literature or printed materials of any kind, sell merchandise, solicit financial contributions or solicit for any other cause during working time or in working areas at any time.

DRUG AND SUBSTANCE ABUSE

Kanawha County Commission will not tolerate the use of illegal drugs or alcohol on company property or while working. Any such use will be grounds for immediate discharge. Any employee required to take prescription drugs that may interfere with the safe operation of machines or the performance of his/her assigned job shall notify his/her supervisor.

JURY DUTY

Kanawha County Commission will pay the difference between the amount paid for jury duty and the employee’s regular rate. Should the Judge allow jurymen to leave early, the employee is required to return to work for the remainder of the day.

MILITARY DUTY

In accordance with Chapter 15-1F-1, West Virginia Code, County government employees that are members of the West Virginia National Guard or any of the United States Armed Forces Reserves are entitled to thirty (30) working days of military leave per year without loss of pay or benefits.

The thirty (30) days shall include any holidays that occur during the leave time.

Request for military leave must be done in writing, and a copy of the military orders must be attached to the request. Employees will be granted a military leave of absence without pay in accordance with applicable federal and state laws.

SEXUAL HARASSMENT POLICY

It is illegal and against the employer’s policy for any employee, male or female, to harass another employee in the following manner:

1. Making unwelcome sexual advances or favors or other verbal or physical conduct of a sexual nature, a condition of any employee’s employment;

2. Using an employee’s submission to, or rejection of such sexually harassing conduct as the basis for, or as a factor in any employment decision affecting the individual; or

3. Otherwise creating an intimidating, hostile or offensive work environment by such sexually harassing conduct.

The employer will not condone nor permit any sexual harassment of its employees. All employees, including supervisors and managers, will be subject to severe discipline up to and including discharge for any act of sexual harassment which they commit. It is the responsibility of the employee to immediately report any sexual harassment, in writing, to his/her supervisor. If the employee’s immediate supervisor is the source of the alleged harassment, the employee is to report the problem immediately to the supervisor’s superior.

When a supervisor or manager receives a sexual harassment complaint, he/she is to carefully investigate the matter. An employee who is not satisfied with the results from the investigation of a sexual harassment complaint should then go the supervisor’s superior. Furthermore, no employee will be subject to any form of retaliation or discipline for pursuing a sexual harassment complaint.

WORK PLACE VIOLENCE

No work place violence will be tolerated. The employer will not condone or permit any type of work place violence of its employees. All employees, including supervisors and managers, will be subject to discipline, up to and including termination for any act of work place violence which they commit. It is the responsibility of the employee to immediately report any work place violence, in writing, to his/her supervisor. If the employee’s immediate supervisor is the source of the work place violence, the employee is to report the problem immediately to the supervisor’s supervisor. When a supervisor or manager receives a work place violence complaint, he/she is to carefully investigate the matter. An employee who is not satisfied with the results of the investigation should then go to the supervisor’s superior. No employee will be subject to any form or retaliation or discipline for pursuing a work place violence complaint.

TERMINATION POLICY

Just as an employee who works for Kanawha County Commission has the right to quit employment at any time, the employer reserves the right to terminate an employee without notice or statement of reason at any time.

LAYOFF

Any layoff will become a permanent layoff after thirty (30) days. After such period of time, the individual must reapply for employment.

RESIGNATION

An employee may resign for any number of reasons; therefore, if you are for any reason considering resigning, we request that you give two (2) weeks notice. Employees voluntarily terminating their employment should do so in a written statement to their department head.

E-MAIL

All electronic communications systems or E—Mail and information transmitted by, received from, or stored in E—Mail are the property of the company. E-Mail is to be used solely for job related purposes and all employees are hereby notified that they have no expectation of privacy in connection with the use of E-Mail. This policy is also to notify all employees that they are not to use a code, access a file, or retrieve any stored communication unless specifically authorized by Kanawha County Commission in writing. This policy is also to notify employees that the company has the right to monitor the use of this equipment at all times which would include printing or reading of all E-Mail entries.

E-Mail is not to be used in ways that are disruptive or offensive to others or in ways that could be harmful to work place moral. Further there is to be no display or transmission of sexually explicit images, messages or cartoons or any transmission or the use of such communications containing ethnic slurs, racial epithets, or anything that may be construed as offensive, harassing or disparaging to others based on their race, religion, national origin, sex, age or disability. Further, the company assumes no responsibility or will assume no liability for an employee’s misuse of this equipment. However, it does reserve the right to terminate an employee immediately for improper use of the equipment. E-Mail is not to be used to solicit or to address others regarding commercial related religious, or political causes, or for any other solicitations that are not work related.

Employees should not attempt to gain access to another employee’s personal file of E—Mail messages without the latter’s express permission. Again, any violation of the employee’s policy on E-Mail will result in appropriate disciplinary action, up to and including discharge.

FAMILY AND/OR MEDICAL LEAVE

An employee who has been employed by Kanawha County Commission for at least one (1) year and who has worked at least one thousand two hundred and fifty (1,250) hours within the twelve (12) month period preceding the request for leave is eligible for family and/or medical leave.

Kanawha County Commission will provide up to twelve (12) weeks of job-protected leave within a twelve (12) month period to care for a newborn or an adopted child, a sick child, spouse, or parent (but not parent—in—law), or because of an employee’s own serious health condition, under the guidelines discussed below. Such leave may be taken all at once, intermittently or on a reduced schedule, “when medically necessary.” If intermittent leave is requested, the employee may be transferred, on a temporary basis, to an alternative position with equivalent pay and benefits which better accommodates the employee’s need for such leave. An employee must submit a valid medical certification showing the necessity of the requested leave and must provide recertification on a reasonable basis as requested.

The twelve (12) month period within which family and/or medical leave is granted will be a fixed year beginning on an employee’s anniversary date. The twelve (12) weeks of family and/or medical leave granted an employee includes accrued sick, if applicable, and/or annual leave exhausted by the employee.

When the need for family and/or medical leave is foreseeable, an employee is required to give thirty (30) days written notice, or as much as practical, prior to beginning leave. The employee must also advise Kanawha County Commission why leave is being requested anytime sick leave or personal leave is requested.

If both spouses are Kanawha County Commission employees, they may ask to take family leave at the same time if the purpose of the leave is to take care of a newly arrived child, however, they will be limited to a combined total of twelve (12) weeks of family leave. Should both employees use only a part of the twelve (12) week total entitlement the remaining entitlement may be taken individually for other family/medical leave purposes up to the twelve (12) week maximum cumulative. If, however, leave is requested by both employee/spouses because of one spouse’s serious health condition or for a sick child, both employees are entitled to twelve (12) weeks of sick leave.

Employees will be allowed unpaid leave until the total number of weeks of family and/or medical leave equals twelve (12) weeks. The twelve (12) week leave period will be unpaid leave.

Upon returning to work, the employee will be placed in his/her previous position or an equivalent position without loss of benefits accrued prior to the leave unless the employee would have been laid off or otherwise terminated had he/she continued to work during the leave period. “Key employees” who are notified of the that status at the time leave is requested may be denied the right to return to work to prevent substantial economic injury to Kanawha County Commission. A “key employee” is one who is among the highest paid ten percent (10%) of Kanawha County Commission employees within seventy-five (75) miles of the worksite.

Employees group health benefits, if given, will be granted throughout the leave. Employees will be required to pay their portion, if any, of the premium when due.

KANAWHA COUNTY COMMISSION

Post Office Box 3627 Telephone (304) 357-0101
Charleston, West Virginia 25336 Fax (304) 357-0788

Henry C. Shores Louis H. Bloom W. Kent Carper

Commissioner Commissioner Commissioner

MEMO

To: All County Employees

From: Steve Sluss, County Manager

Date: January 14, 2000

Re: Sexual Harassment Policy

Attached is the new Sexual Harassment policy adopted by the County Commission. Please read it carefully. It explains your rights and responsibilities in dealing with this very serious matter.

Attachment

SEXUAL HARASSMENT POLICY

It is illegal and against the employer’s policy for any employee, male or female, to harass another employee in the following manner:

1. Making unwelcome sexual advances or favors or other verbal or physical conduct of a sexual nature, a condition of any employee’s employment;

2. Using an employee’s submission to, or rejection of such sexually harassing conduct as the basis for, or as a factor in any employment decision affecting the individual;

3. Such sexual harassing conduct has the purpose or effect of creating an intimidating, hostile or offensive work environment; or

4. Such sexually harassing conduct interferes with an individual’s work performance.

Conduct which is prohibited by the employer is as follows: (Please note, although the following may not constitute sexual harassment, such conduct is considered prohibited by the employer.)

· Physical assault on another employee including rape, sexual battery, molestation or attempt to create these assault(s).

· Intentional physical conduct that is sexual in nature including:

touching, kissing, hugging, rubbing, pinching, patting or rubbing up against another employee’s body.

· Unwanted sexual advances, propositions.

· Sexual comments, including sexual gestures, sexual jokes or sexually offensive comments made in the presence of any employee.

· Posting or displaying pictures, posters, calendars, graffiti, objects, or other materials that are sexual in nature or pornographic.

· Sending cards or notes that are sexual in nature.

· Committing an act of a sexual, offensive, or unwanted nature outside of the workplace that will affect an employee’s work performance or cause an employee to feel uncomfortable at work.

· Sending or displaying, any pornographic or sexual materials on the computer.

The employer will not condone nor permit any sexual harassment of its employees. All employees, including supervisors and manager, will be subject to severe discipline up to and including discharge for any act of sexual harassment which they commit. It is the responsibility of the employees to immediately report any sexual harassment, in writing, to his or her immediate supervisor. Any employees, being sexually harassed is to tell the harasser to stop, immediately. If the employee’s immediate supervisor is the source of the alleged harassment, the employee is to report the problem immediately to the supervisor’s superior. Further, if the employee feels more comfortable reporting the sexual harassment to the Personnel Department or the County Commission, if applicable, they may do so.

When a supervisor, manager, Personnel Department or County Commission receives the sexual harassment complaint, they are to carefully investigate the matter, and/or report it to the Personnel Department or the County Commission. An employee who is not satisfied with the results of the investigation should then go to the supervisor’s superior, Personnel Department or the County Commission. Furthermore, no employee will be subject to any form of retaliation or discipline for pursuing a sexual harassment complaint in good faith.

DISCLAIMER

I, the undersigned, acknowledge that I have received Kanawha

County Commission’s Employee Guidelines.

I understand that it is my responsibility to read and understand the full contents of the guidelines, which describe important information about Kanawha County Commission and the expectations Kanawha County Commission has for its employees.

I understand that, if I have any questions regarding the contents of the guidelines or my employment which are not addressed by the guidelines, it is my responsibility to consult with the Commissioner of Kanawha County Commission.

I understand that these guidelines and their provisions are designed to serve only as a guide to the organization’s policies and rules and are not a contract of employment.

The employer has the right to make unilateral changes in its employee guidelines.

I understand, if hired or currently employed, my employment can be terminated with or without notice at any time for any reason or no reason. I am an at will employee.

I also understand that no management official is authorized to make any oral assurances or promises of continued employment and that such pledge or agreement must be in writing and signed by the President of the Kanawha County Commission.

I have received and read the materials presented in these guidelines.

If currently employed these guidelines will be in effect in one full pay period notice. For new hire these guidelines are effective immediately.

I also understand that these guidelines supersede all previous policy guidelines issued by Kanawha County Commission, P. 0. Box 3627, Charleston, West Virginia.

______________________________________

Employee’ s Signature

______________________________________

Date