SHELBY COUNTY APPOINTING AUTHORITY PERSONNEL POLICY AND PROCEDURE MANUAL SECTION 3 EMPLOYMENT

Transcription

1 SECTION 3 EMPLOYMENT 3.01 Requirements for Employment 3.02 Classified and Unclassified Employment 3.03 Notice of Appointment to Unclassified Position 3.04 Appointment Categories 3.05 Classification Plan 3.06 Vacancies in the Classified Service 3.07 Evaluation of Applicants for Classified Positions 3.08 Medical Examination 3.09 Orientation 3.10 Probationary Periods 3.11 Performance Evaluations 3.12 Training 3.13 Promotion 3.14 Reduction/Demotion 3.15 Seniority 3.16 Reductions in Force/Layoff 3.17 Resignation/Retirement 3.18 Immigration Reform and Control Act 3.19 New Hire Reporting 3.20 Notice of Payroll Changes 3.21 Criminal Records Checks 3.22 Nurse Aide Registry 3.23 In-services 3.24 Anti-terrorism

2 REQUIREMENTS FOR EMPLOYMENT SECTION 3.01 PAGE 1 OF 2 1. Generally: The Appointing Authority or designee appoints, employs, disciplines and establishes policies and procedures and other conditions of employment for employees. The Administrator fixes compensation for employees. Employment with the Employer is employment in a public agency, subject to federal, state, and local laws and the requirement that employees recognize and agree to abide by all applicable laws and all applicable policies and procedures as a condition of employment. 2. Residency Requirement All Classified Employees: All classified employees of the Employer, except for temporary or exceptional appointees, must be or immediately become residents of the State of Ohio. 3. Criminal Records Checks: Any applicant for employment for a position that involves providing direct patient, resident, or consumer care must undergo a BCI criminal records check in accordance to O.R.C and Section 3.21 herein. 4. Nurse Aides: Any applicant for employment in a Nurse Aide position must be able to meet the Ohio Department of Health s requirements for training, testing, and registration as provided in the O.R.C. and Section 3.22 herein. 5. All applicants selected for employment must possess the minimum qualifications (knowledge, skills, and abilities) as outlined in the job description for their position. 6. All applicants selected for employment must be able to perform the essential functions of the position for which they apply (including regular, predictable, and punctual attendance) with a reasonable accommodation, if necessary, and must possess or be able to obtain, within a reasonable time frame, any required licensure, certification, bonding, or other employment requirements as specified in the job description and/or job announcement for their position. 7. Employment of Relatives: a. The Employer will not hire immediate family members of employees in the same work unit or in a direct supervisor/subordinate relationship, in order to avoid the appearance of impropriety and violations of Ohio s Ethics Laws. b. Following adoption of this policy, no employee shall occupy or be eligible to be considered for a position in which the employee could directly supervise or have influence in a decision concerning a member of the employee s immediate family. If such a situation arises after employment, the Employer may reassign either employee. No such reassignment will result in a reduction in pay or position to the reassigned employee. c. Immediate family for the purpose of this section means an employee s: grandparents; parents; spouse; children, whether dependent or not; grandchildren;

3 REQUIREMENTS FOR EMPLOYMENT SECTION 3.01 PAGE 2 OF 2 brothers; sisters, or any other person related by blood or marriage and living in the employee s household.

4 CLASSIFIED AND UNCLASSIFIED EMPLOYMENT SECTION 3.02 PAGE 1 OF 1 1. Employment with the Employer is governed by the State of Ohio Civil Service laws. All positions in the civil service fall into one (1) of two (2) general categories: classified or unclassified. 2. Unclassified: Unclassified employees serve at the pleasure of the Appointing Authority for the duration of their employment and therefore have no rights to appeal a suspension, demotion, or removal to the SPBR under R.C. Chapter 124. Unclassified employees need not take a civil service examination for initial appointment to or retention of their position. Unclassified employees are not prohibited from engaging in partisan political activity on their own time and away from areas in public buildings where official County business is transacted or conducted. However, any employee desiring to seek any public elective office should notify the Employer (See Section 7.09). 3. Classified: Classified employees may only be suspended, demoted, or removed for cause and by following the procedures set forth in R.C. Chapter 124, except during the employee s probationary period. Probationary employees may be removed or reduced in pay and classification for unsatisfactory service during their probationary period without a showing of cause (see Section 3.10: Probationary Periods). Most positions are considered to be in the classified service unless generally or specifically exempted by law, or by personal exemptions permitted in accordance with R.C. Section or other section of the Revised Code. Classified employment status restricts an employee s ability to participate in partisan politics (see Section 7.09: Political Activity). Classified Service: All of the terms and conditions of employment contained herein apply to classified employees unless specifically stated otherwise. Employees are presumed to be classified civil servants unless their position has been generally or specifically exempted from the classified service, or by personal exemption allowed County elected official(s). 4. Employees, appointed to positions on a temporary or intermittent basis, are unclassified and serve at the pleasure of the Appointing Authority and, therefore, have no right to appeal any suspension or removal to the SPBR.

5 NOTICE OF APPOINTMENT TO UNCLASSIFIED POSITION SECTION 3.03 PAGE 1 OF 1 A. POLICY 1. The Appointing Authority may appoint an employee to an unclassified position under one or more of the following legal exemption justifications. a. a personal exemption O.R.C (A) (8) b. a fiduciary exemption O.R.C (A) (9) c. or any of the other relevant exemptions in O.R.C or any other specific section of the O.R.C. B. PROCEDURE 1. On the date an Appointing Authority appoints an employee to an unclassified position, the Appointing Authority shall provide the employee with written information describing the nature of employment in the unclassified civil service. Within 30 days after the date an Appointing Authority appoints an employee to an unclassified position, the Appointing Authority shall provide the employee with written information describing the duties of that position. Failure of the Appointing Authority to provide the written information to the employee does not confer any additional rights upon the employee in any appellate body with jurisdiction over an appeal of the employee.

6 APPOINTMENT CATEGORIES SECTION 3.04 PAGE 1 OF 2 A. POLICY 1. In addition to being appointed as classified or unclassified employee all employees shall be employed in one (1) or more of the following categories: 2. Hours Assigned: Full-time: An employee who works at least 32 hours per seven (7) day workweek or 64 hours per 14 day work period on a regularly scheduled basis. Part-time: An employee who works less than 32 hours per seven (7) day workweek or 64 hours per 14 day work period on a regularly scheduled basis. Intermittent: An intermittent employee works less than 1,000 hours per year. Intermittent employees serve in the unclassified service by operation of law. 3. Duration of Appointment: Temporary: An employee appointed to a non-permanent position, on a full-time, part-time, or intermittent basis, for a specified period of time, not to exceed 120 days. Successive temporary appointments to the same position shall not be made. Temporary employees serve in the unclassified service at the pleasure of the Appointing Authority by operation of law. Seasonal: An employee who works on a recurring but temporary basis annually (e.g., summer, winter program period, etc.). A seasonal employee may be appointed on a full-time, part-time, or intermittent basis. Student: An employee who is a student at an educational institution and employed by the Employer in cooperation with such educational institution to provide training to the student employee. (Student appointments are in the unclassified service by operation of law). 4. Contract service providers and/or vendors are not considered to be employees and are not eligible for benefits provided by the County. 5. The categories outlined above apply for civil service purposes, such as order of retention in the event of layoff. However, these categories may not apply to certain benefit programs, such as eligibility for health care coverage, especially where eligibility and categories of employee status are established by those benefit programs. B. PROCEDURE 1. Employees shall be informed of their employment status at the time of their appointment.

7 APPOINTMENT CATEGORIES SECTION 3.04 PAGE 2 OF 2 2. Employees may submit a request to their department head for a change in employment status if they believe they are working more time on a regular basis then their employment status indicates.

8 CLASSIFICATION PLAN SECTION 3.05 PAGE 1 OF 1 1. Each Appointing Authority shall maintain and administer a plan of classification specifications (or class specs), known as a Classification Plan (or Class Plan ). A classification includes one (1) or more positions that are so similar they can be described by a common job classification title. Classifications are used to determine order of layoff and certified status. The Appointing Authority will create or amend the class plan and class specs based upon an analysis of the duties, responsibilities, essential functions and qualifications of the positions affected.

9 VACANCIES IN THE CLASSIFIED SERVICE SECTION 3.06 PAGE 1 OF 1 1. The Employer shall announce all vacancies in the classified service by appropriate means and maintain a list of announced vacancies for public inspection. 2. Each announcement, insofar as practical, shall specify the job title, compensation range, nature of the job, the required qualifications, and the deadline, method, and place of application. The announcement shall also include the essential functions of the job or contain a reference to a contact person or posting location that will advise applicants of the essential functions of the position. 3. The Employer shall post for five (5) workdays on employee bulletin boards internal vacancies in the classified service which occur or are imminent. The Employer will attempt to fill vacancies from among interested, current employees of the Employer who meet the necessary qualifications and are able to perform the essential functions of the position provided such internal promotion is in the best interest of the County. 4. An Application for Employment Form must be properly completed and submitted before an external applicant will be considered for employment. Current employees wishing to be considered for the position must timely submit a completed bid form. 5. The Employer will make reasonable accommodations to assist qualified persons with disabilities to apply for vacancies. 6. Nothing in this section shall be construed to prevent the Employer from advertising for external applicants concurrently with the internal advertising of vacancies. 7. Normally, employment applications will be accepted only when a vacancy exists or is imminent and has been announced. Applications will be considered active for a period of not to exceed 60 days; after which a new application form is required.

10 EVALUATION OF APPLICANTS FOR SECTION 3.07 CLASSIFIED POSITIONS PAGE 1 OF 2 A. POLICY 1. Appointments by the Appointing Authority to vacant positions in the classified service either by internal promotion or external selection will be based solely on the applicant meeting the job-related qualifications and possessing the knowledge, skills, and ability to perform the essential functions of the position as ascertained through job-related selection methods. B. PROCEDURE 1. The Appointing Authority and/or designee will first review all applications to determine those applicants who possess the minimum, job-related qualifications as stated on the position description (e.g., minimum licenses, certifications, experience, etc.). 2. Once the Appointing Authority and/or designee have determined those applicants who meet the minimum job-related qualifications, they will consider each applicant s: a. knowledge, skill, and ability to perform the essential functions of the position; b. work experience in positions comparable to the vacant position; c. work history (i.e., length of past employment, reasons for leaving, etc.); d. work record (i.e., attendance, performance, disciplinary actions, etc.); e. application appearance; f. education, licensure, certifications. 3. Applicants may be required to submit to any or all of the following: reference checks, background checks, job-related performance tests, interviews, criminal history checks, and other job-related selection procedures. 4. Otherwise qualified applicants may be eliminated from consideration for a position if the applicant: a. makes a false statement of material fact in the application/other hiring documents or examination; b. has committed or attempted to commit a fraudulent act at any stage of the selection process; c. is an alien not legally permitted to work;

11 EVALUATION OF APPLICANTS FOR SECTION 3.07 CLASSIFIED POSITIONS PAGE 2 OF 2 d. has previously been terminated for just cause, except in unusual circumstances to be determined by the Employer; e. has been convicted of a felony or a crime involving moral turpitude; f. is addicted to drugs or alcohol; g. has a pattern of poor work habits and performance with the current or previous employer; or h. has been guilty of infamous or notoriously disgraceful conduct. If an applicant is hired and it is subsequently discovered that one of the above disqualifying criteria apply, the employee may be removed from employment. 5. If a designee performs the initial interviews, the designee shall determine the most qualified applicant for the position and submit a recommendation to the Appointing Authority, who shall approve or disapprove the designee s recommendation. The Appointing Authority may decide to be involved in the initial interviews or may elect to interview only a selected number of candidates following the designee s preliminary screening of qualified candidates. 6. Once the preferred candidate is selected, the Appointing Authority or designee may inquire whether the candidate requires an accommodation to perform the job. The Employer will not classify a candidate who requires a reasonable accommodation as unqualified solely because that candidate requires such accommodation. However, if the accommodation is unreasonable, or would cause undue hardship to the Employer, the candidate may be considered unqualified. 7. The applicant shall not be required to submit to a medical examination, except screening for use of illegal drugs for positions determined to be safety sensitive or requiring a CDL, until the Employer has made a conditional offer of employment to the applicant (see Medical Examination Policy). 8. The Appointing Authority, or designee, is responsible for maintaining a record keeping system reflecting the disposition of all job applicants. Such records shall be kept on file for at least two (2) years and shall include a completed job application, medical examination data, test results, and/or other job-related information.

12 MEDICAL EXAMINATION SECTION 3.08 PAGE 1 OF 2 A. POLICY 1. A medical examination by a licensed practitioner may be required by the Appointing Authority prior to appointment to evaluate selected job applicants physiological and/or psychological condition as it relates to the applicants ability to perform the essential functions of the position for which they are applying. Examinations may include any job-related examination determined to be a pre-employment requirement. 2. For purposes of this policy, a licensed practitioner is a physician, psychiatrist, psychologist, or other appropriately licensed mental health professional such as a licensed professional clinical counselor or licensed independent social worker who is licensed to perform the appropriate examination. 3. All employees are required to maintain their physical fitness at a level which will permit them to efficiently perform the duties of their position and avoid endangering themselves or those they serve. Incumbents of specified positions may be legally required to submit to periodic medical examinations during employment to ensure their continued ability to perform the essential functions of the incumbent s position. B. PROCEDURE 1. When a medical examination is required, such requirement shall be included in the vacancy announcement. 2. No medical examination, except screening for use of illegal drugs for positions determined to be safety sensitive or requiring a CDL, will be conducted until the Employer has made the applicant a conditional offer of employment. 3. The Appointing Authority shall select the licensed practitioner to administer the examination and shall pay the cost. Applicants may obtain, with approval of the Appointing Authority, a waiver of the medical examination requirement for the following reasons: a. verified religious opinion or affiliation; or b. reinstatement within one (1) year of separation. Any applicant requesting to waive the examination requirement for one of the above reasons shall submit a written affidavit describing the applicant s state of health at the time of employment. 4. After hire, employees may be legally required to submit to medical examinations for certain purposes during their period of employment with the County and Fair Haven. Such an examination is intended to ensure that the incumbents continue to be physically

13 MEDICAL EXAMINATION SECTION 3.08 PAGE 2 OF 2 and mentally able to perform the duties of their position. Examples include but not limited to: examination to certify eligibility for family and medical leave or other leaves of absence; examination to assess eligibility for workers compensation; examination required by Occupational Safety and Health programs etc. A medical examination may also be required to determine an employee s ability to return to work following a medically related leave of absence.

14 ORIENTATION SECTION 3.09 PAGE 1 OF 1 A. POLICY 1. Upon appointment, all employees will be provided with or given an opportunity to review a Shelby County Fair Haven Employee Handbook which contains the general terms, conditions, benefits, policies and procedures of employment, in effect at that point in time. New employees shall also be provided all required notices, forms, and documents and shall be required to sign all acknowledgments, forms, and documents required by law or the Employer. B. PROCEDURE 1. All newly hired employees will participate in an employee orientation regarding the policies, procedures and operations of the Employer. This orientation will be conducted by the supervisor and/or designee. 2. New employees will be required to sign a statement acknowledging receipt of certain required documents including the Shelby County Employee Handbook (see Acknowledgment of Receipt of Documents Form). {11/17/2010 PLSHLNH DOC}

15 PROBATIONARY PERIODS SECTION 3.10 PAGE 1 OF 2 A. POLICY 1. Each employee newly hired or promoted into a classified position shall serve a probationary period. Probationary periods shall be set at 180 calendar days, unless a longer probationary period has been authorized by of the Director of the Ohio Department of Administrative Services, but in no case shall such period exceed one (1) year. 2. The Appointing Authority shall use the probationary period to closely observe and evaluate the employee s performance and aptitude for the job. Likewise, the employee is encouraged to bring questions or concerns to the Appointing Authority or supervisor, to enhance the employee s performance. The supervisor has a responsibility to recommend to the Appointing Authority the retention of only those employees who meet acceptable work standards during the probationary period and to recommend removal of those employees who fail to meet such work requirements. 3. Employees appointed to unclassified positions do not serve a formal probationary period since they continuously serve at the pleasure of the Appointing Authority for the duration of their employment. B. PROCEDURE 1. Dismissal or reduction of a classified employee may be made anytime during the probationary period, at the discretion of the Appointing Authority. 2. An employee who is removed during the probationary period does not have any right of appeal to the State Personnel Board of Review. 3. Employees serving promotional probationary periods may be reduced to the classification and salary held prior to the promotion, or otherwise treated as provided in R.C. Chapter 124 upon failure to successfully complete the promotional probationary period. The action of reduction for failure to complete a promotional probationary period shall not be considered a disciplinary action, and shall not serve to eliminate the employee for consideration for advancement to other positions. 4. Probationary removals or reductions will be effected through timely action of the Appointing Authority. 5. The probationary period for full-time employees shall be based on calendar days from the date of original appointment. Part-time employees who work a portion of each normal working day shall have their probationary period determined by the number of calendar days following appointment in the same manner as full-time employees. Employees who work an irregular schedule or who work less than the normal number of working days per

16 PROBATIONARY PERIODS SECTION 3.10 PAGE 2 OF 2 week shall have their probationary period determined on the basis of time actually worked as described below: a. 1,000 hours are equivalent to a 180 day probationary period. b. 1,400 hours are equivalent to 252 day probationary period. c. 1,500 hours are equivalent to 270 day probationary period. d. 1,700 hours are equivalent to a 300 day probationary period. e. 2,000 hours are equivalent to a 365 day probationary period. 6. Time on unpaid leaves of absence shall not be counted toward the completion of the probationary period. 7. The Appointing Authority does not intend to waive any right to remove an unclassified employee, at the Appointing Authority s pleasure, by adopting this policy.

17 PERFORMANCE EVALUATIONS SECTION 3.11 PAGE 1 OF 1 A. POLICY 1. A written Performance Evaluation Form provides supervisors with an effective mechanism to measure and communicate levels of job performance to their employees. It provides the employee with documented, constructive feedback concerning current job performance. A documented performance evaluation serves as a basis for important management decisions regarding training needs, job assignments, promotion and retention of employees. The work performance of each permanent employee shall be evaluated in accordance with the following procedures. B. PROCEDURE 1. Classified employees serving initial or promotional probationary periods shall be evaluated twice during their probationary period. The first evaluation should be completed on or about the halfway point of the probationary period. The second evaluation should be completed not less than ten (10) days prior to the end of the probationary period. 2. Classified employees who have successfully completed probation shall be evaluated annually, 30 days prior to or after their anniversary date of employment. 3. A special, additional evaluation may be held if requested by the employee and approved by the Appointing Authority, or at the discretion of the Appointing Authority. 4. Each supervisor shall timely complete a performance evaluation form for each employee they supervise. Supervisors should see the Appointing Authority for performance evaluation forms and instructions. 5. Supervisors shall rate their subordinates performance in accordance with the procedures established herein and in the performance evaluation form. Supervisors violating these policies shall be subject to disciplinary action. 6. Supervisors shall meet privately with each employee to discuss the evaluation. At the conclusion of the evaluation meeting, the employee shall be instructed to sign the evaluation form, acknowledging completion of the evaluation. Employees shall be provided with a copy of the performance evaluation form.

18 TRAINING SECTION 3.12 PAGE 1 OF 2 A. POLICY 1. Newly hired or promoted employees shall be provided on-the-job training and may be required to attend job-related training programs, courses, workshops or seminars. 2. Employees required to attend job-related training programs, courses, workshops, seminars, etc., shall have training expenses paid by the Employer and the actual hours of training considered as hours worked. Where training is held during evening hours, the Employer may reschedule the employee to maintain a standard workweek. The Employer shall not pay for any training unless approved in advance by the Board. B. PROCEDURE 1. On-the-job training for newly hired or promoted probationary employees shall include time spent on assigned work projects under the direction of an experienced co-worker or supervisor, who will periodically check work performance, provide instruction as needed, answer questions and observe completed assignments to ensure work meets acceptable standards. 2. Attendance at lectures, meetings, training programs and similar activities shall not be considered as time worked and is therefore non-compensable, provided the following criteria is met. a. Attendance is during hours outside of the employee s regular work hours; b. Attendance is in fact voluntary; c. The course, lecture, or meeting is not directly related to the employee s job or is required by the state for certification; and d. The employee does not perform any productive work during such attendance. 3. Time spent in attendance at lectures, meetings, training programs, and similar activities that are required by the Employer shall be considered as time worked and will be considered compensable. 4. Time spent overnight on official Employer business will not be considered compensable time worked. However, when an employee is required to travel for required training, and such travel occurs within the same workday, all travel and training time is compensable. (Usual meal time is deducted from this time.) 5. When an employee is required to travel for required training, and such travel requires the employee to stay overnight, travel time will be considered as time worked when it cuts across the employee s normal working hours (e.g., 8:00 a.m. to 4:30 p.m.). This is true

19 TRAINING SECTION 3.12 PAGE 2 OF 2 even if the travel occurs on a non-scheduled working day (e.g., Sunday). (Usual meal time may be deducted from this time). 6. When the budget allows, the Employer may authorize payment of expenses for employees requesting to attend voluntary job-related training courses. The Employer encourages such attendance. 7. Required Training: Certain personnel (Nursing Assistants, Nurses, etc.) must receive annual continuing education to retain their certifications. In addition, all employees will be required to attend the following in-house training classes and/or drills: (1) fire drills; (2) disaster-preparedness training; (3) residents rights law training; (4) personnel policy training; (5) fire safety training; and (6) other programs as determined necessary by the Administrator or designee. All such training shall be compensated. Failure to attend such required in-house training without proper excuse shall be considered an absence and neglect of duty. An employee failing to attend required training shall be subject to disciplinary action.

20 PROMOTION SECTION 3.13 PAGE 1 OF 1 A. POLICY 1. When job vacancies in classified positions occur, qualified employees should be given the opportunity to apply for such vacant positions in accordance with the policies and procedures herein. The Appointing Authority may limit the application or bidding process to employees with specific qualifications, or may allow such employees preference in the application process to the extent such is permitted by law. 2. Factors to be considered for promotion include, but are not limited to, an employee s completion of any required probationary period, required training course(s), licensing or certification requirements, other minimum qualifications, annual performance evaluation ratings, and the employee s knowledge, skills, and abilities to perform the essential functions of the vacant position. B. PROCEDURE 1. Employees interested in being considered for a posted vacancy shall complete a bid form and submit it to the Appointing Authority within the posting period.

21 REDUCTION/DEMOTION SECTION 3.14 PAGE 1 OF 1 A. POLICY 1. A reduction or demotion is the movement of an employee to a lower classification, which has a lower level of responsibility and compensation. Reductions or demotions generally result from an employee s failure to perform the duties of their position at an acceptable level or as a result of discipline. A reduction or demotion may also be voluntarily requested by an employee or result from an accommodation of a qualified employee with a disability who is no longer able to perform the essential functions of the employee s position with or without a reasonable accommodation, but who can perform the essential functions of a lower classification with or without a reasonable accommodation. Reduced or demoted employees shall be assigned to the maximum compensation of the classification to which they are reduced or demoted which results in a reduction in pay to the employee. B. PROCEDURE 1. Employees who desire to be considered for a posted vacancy in a lower classification shall complete a bid form and submit it to the Administrator within the posting period.

22 SENIORITY SECTION 3.15 PAGE 1 OF 1 1. Generally: The uninterrupted length of continuous service as a full-time employee with the Appointed Authority. Where this definition produces the same seniority date for two (2) or more employees, previous service with the Shelby County will be considered to determine the more senior full-time employee. While prior service may be used to break ties in seniority and determine ranking on the seniority list, the previous service time shall not be added to the employee s full-time, continuous service time. 2. Authorized Leaves of Absence: An authorized paid or unpaid leave of absence does not constitute a break in service for annual step increases, layoff purposes, or for computing the amount of vacation leave service credit. Seniority time continues to accumulate during the term of the leave, provided the employee complies with the rules and regulations governing the leave of absence and the employee is reinstated from the leave. 3. Layoff: For purposes of layoff, seniority is defined as continuous service with the State or any county, or general health district within Ohio. Service may be transferred from one (1) of the preceding agencies to another without loss of seniority, as long as no break in service of more than 30 days occurs. A break in service for layoff purposes occurs if an employee is terminated for any reason other than layoff, and is not reinstated to the employee s prior position within one (1) year of the termination date. If an employee is reinstated within one (1) year of the termination date, continuous service will not be broken and prior service credit will be credited to the employee for purposes of determining seniority. Employees who are reinstated (or re-employed) from layoff within one (1) year of the layoff date will retain previously accumulated seniority, but will not be credited with seniority for the time spent on layoff. 4. Prior Service Credit: Employees other than elected officials, who are earning vacation credits currently shall have their total prior service with the state, any county or any other political subdivision of the state counted for the purpose of computing the amount of their vacation leave, only. Newly hired employees are required to provide written verification of total prior service with all applicable public employer s within 60 days of appointment. Employees with at least one (1) year of prior service credit may use accrued vacation leave during their first year of employment as it accrues. An employee, who has retired under OPERS or any other state retirement plan and who is hired on or after June 24, 1987, shall not have any prior service with a county, the State or any political subdivision of the state counted for the purpose of computing vacation leave. 5. Retirement: Seniority for the purposes of determining retirement benefits is defined by the provisions of the Ohio Public Employees Retirement System. 6. Other: For all other purposes than those specified above, seniority shall be defined as set forth in paragraph 1 above, or as defined in any applicable law.

23 REDUCTIONS IN FORCE/LAYOFF SECTION 3.16 PAGE 1 OF 2 General Policy: All layoffs shall be implemented in accordance with Ohio Administrative Code Chapter 123:1-41 and Ohio Revised Code Sections Reductions in force and/or layoffs will be done in accordance with O.R.C. Sections and O.A.C. Sections 123: In implementing layoffs, Shelby County Appointing Authorities and Fair Haven hereby adopt the following procedures. In adopting these procedures, the Appointing Authority intends to follow the civil service laws but does not intend to impose upon himself any restrictions that are not required by the civil service laws; and the Appointing Authority reserves the right to substantially comply with these procedures where permitted: a. employees may be laid off as a result of lack of funds (as determined by the Appointing Authority), lack of work (as determined by the Appointing Authority), or job abolishment (the need for which will be determined by the Appointing Authority); b. positions ( jobs ) may be abolished as a result of reorganization for the efficient operation of the Appointing Authority s office, for reasons of economy (determined at the time the Appointing Authority proposes to abolish the position), or for lack of work; c. the Appointing Authority shall decide in which classification or classifications the layoff or layoffs will occur and the number of employees to be laid off within each affected classification; d. in the case of a layoff, or an abolishment, that results in a reduction of the workforce, the Appointing Authority shall follow the order of layoff, displacement (bumping), recall, etc. that the Appointing Authority is required to follow under R.C Furthermore, the Appointing Authority and Fair Haven will follow the current procedures established by the Ohio State Personnel Board of Review and Ohio Director of Administrative Services (ODAS) administrative rules (as they are amended from time to time) regarding: a. order of layoff and displacement (except any laid off or displaced employee shall have the right to fill an available vacancy or displace into an immediately priorheld position if he or she meets the criteria set forth in R.C (A)(3) (held the position within the last three (3) years and meets the minimum qualifications); b. content and service of notices to employees of layoff or displacement (e.g., mailed 17 days in advance if served by certified mail, or 14 days in advance if hand-delivered); {11/17/2010 PLSHLNH DOC}

24 REDUCTIONS IN FORCE/LAYOFF SECTION 3.16 PAGE 2 OF 2 c. the calculation of retention points; d. other aspects of abolishment, layoff, and recall; except that the Appointing Authority will not file retention point calculations, statements of rationale, or other layoff documents with the Director, nor require verification of same, nor does the Appointing Authority adopt the SPBR or ODAS procedures that are not expressly or logically applicable to the Appointing Authority or its/their employees or that would require more of the Appointing Authority than applicable civil service law. 3. The Appointing Authority and Fair Haven reserves the right to amend this policy from time to time in accordance with applicable law. {11/17/2010 PLSHLNH DOC}

25 RESIGNATION/RETIREMENT SECTION 3.17 PAGE 1 OF 2 A. POLICY 1. Employees may voluntarily resign by submitting a written letter of resignation or a completed Resignation Form as provided in this manual to the Appointing Authority in advance of the date of separation. All positions require at least a two (2) week advance notice. Such written letter of resignation shall be a signed, dated statement indicating the desire to resign and the effective date of separation. Failure to give proper, timely notification shall render the employee ineligible for reinstatement or re-employment with the Employer. 2. A person who has resigned in good standing and has served the required probationary period may be reinstated, at the discretion of the Appointing Authority, in the employee s former classification within one (1) year following resignation, provided the person remains qualified to perform the duties of the position and such reinstatement would be in the County s best interests. 3. Employees who plan to retire shall notify the Employer, in writing, at least 60 days in advance of their anticipated retirement date. 4. Resigning and retiring employees shall return all Employer property to the Employer on or before the employee s last workday. The employee s final paycheck shall not be delivered until all such property has been returned. B. PROCEDURE 1. Upon receipt of a letter of resignation, the Appointing Authority or designee shall complete an Acceptance of Resignation and provide same to the resigning employee. A resignation may not be revoked without permission from the Appointing Authority. 2. Employees voluntarily resigning or retiring shall timely submit a written letter of resignation or Change of Status Form to the Appointing Authority containing: a. The stated intention to resign or retire from service; b. The date of the notice; c. The effective date of the resignation or retirement; d. The reason for the resignation (optional); and e. The employee s signature. 3. The Appointing Authority shall notify the County Auditor of the separation so that payroll records may be updated and the appropriate documents processed.

26 RESIGNATION/RETIREMENT SECTION 3.17 PAGE 2 OF 2 4. The Appointing Authority or designee may schedule a voluntary exit interview with resigning employees. In such case, the Appointing Authority or designee shall provide the resigning employee with an Exit Interview Form and request that the employee complete the form and discuss its contents with the Appointing Authority or designee at an exit interview. The exit interview should be scheduled and held on the employee s last workday. The exit interview is for the purpose of: a. discovering any unknown grievances or problems relating to the resigning employee s employment; b. determining all compensation and benefits owed; c. determining the resigning employee s availability for future employment (if applicable); and d. obtaining the resigning employee s correct mailing address. 5. Following the exit interview meeting with the employee, the individual conducting the interview shall add appropriate comments under the interviewer s comments section on the form. The employee s immediate supervisor shall also be asked to provide a final evaluation of the employee and to indicate whether the supervisor would recommend the employee for rehire. The completed exit interview form shall be submitted to the Appointing Authority for review. 6. A signed, dated Exit Interview Form shall be placed in the resigning employee s closed personnel file by the Employer.

27 IMMIGRATION REFORM AND CONTROL ACT SECTION 3.18 PAGE 1 OF 4 1. In General: In accordance with the provisions of the Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990, the Employer has adopted the policy set forth below. a. The Employer or designee shall not knowingly hire or recruit or continue employment of any alien hired after November 6, 1986, without substantiating and documenting that alien s eligibility in accordance with provisions established by this policy. b. The Employer has established an employment verification system and shall retain appropriate records establishing that each employee hired after November 6, 1986, is lawfully authorized to work in the United States as either a U.S. citizen or as a properly documented alien. c. As a condition of continued employment, the Employer shall verify both the identity and the employment eligibility of all applicants considered for employment by following the steps outlined in (2) below. 2. Pre-employment Requirement: a. All applicants to be hired, as a condition of employment, shall be required to complete the biographical information requested by Form I-9. All applicants shall attest that they are eligible for employment and have presented authentic, original documentation of identity and employment eligibility by placing an X in the appropriate box in Section 1 of the form. The applicant shall sign the signature space of Section 1 of the form and shall submit the form to the Employer for review and verification. b. The Employer shall require the applicant to furnish an original of one (1) of the documents listed below in order to substantiate both the employee s identity and employment eligibility: (1) United States Passport (unexpired or expired); (2) Unexpired foreign passport with I-557 stamp or attached Form I-94 indicating unexpired employment authorization; (3) An Alien Registration Receipt Card (INS Form I-551); (4) An unexpired Temporary Resident Card (INS Form I-688); (5) An unexpired Employment Authorization Card (INS I-688A);

28 IMMIGRATION REFORM AND CONTROL ACT SECTION 3.18 PAGE 2 OF 4 (6) Unexpired Employment Authorization Document issued by DHS that contains a photograph (Form I-688B); (7) Employment Authorization Document (INS Form I-766). c. In lieu of any of the documents specified in (2)(b) of this policy, the applicant may submit to the Employer an original of one (1) of the documents outlined below to establish employment eligibility and an original of one (1) of the documents outlined below to verify the employee s identity: Acceptable Documents for Verifying Employment Eligibility: U.S. social security card issued by the Social Security Administration (other than a card stating it is not valid for employment) Certification of Birth Abroad issued by the Dept. of State (Form FS-545 or Form DS-1350) Original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal Native American tribal document U.S. Citizen ID Card (INS Form I-197) Acceptable Documents for Verifying Employment Identity: Driver s license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address. ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address. School ID card with a photograph Voter s registration card U.S. military card or draft record Military dependent s ID card ID card for use of Resident Citizen in the United States (INS Form I-179) Unexpired employment authorization document issued by the DHS (other than those listed under List A) U.S. Coast Guard Merchant Mariner Card Native American tribal document Driver s license issued by a Canadian government authority

29 IMMIGRATION REFORM AND CONTROL ACT SECTION 3.18 PAGE 3 OF 4 For persons under age 18 who are unable to present a document listed above: School record or report card Clinic, doctor, or hospital record Daycare or nursery school record d. If the applicant cannot produce the documents, the applicant must produce a receipt for an application for replacement documents within three (3) days of hire. e. Individuals who are disabled may establish identity through certain other documents if they are being placed into employment by a nonprofit organization, association, or as part of a rehabilitation program. f. Aliens who attest to the Employer that they intend to apply or have applied for legalization or amnesty need not submit evidence of work authorization as specified in (2)(c) above. However, the applicant must provide to the Employer evidence of the applicant s identity. 3. Post-hiring Requirements: a. Within three (3) business days after the appointment of the applicant, the Employer shall physically examine the documentation presented by the employee to ensure that the documents presented appear authentic and related to the individual, then complete the remaining portions of Form I-9. b. The Employer shall retain Form I-9 and photocopies of the supporting documentation for three (3) years after the effective date of hire or for one (1) year from the date of the employee s separation from service, whichever is later. c. Form I-9 and copies of supporting documentation shall not be used for any purpose or provided to any agency or person other than for the purpose of complying with the requirements of the Act. d. Should an employee be rehired or reinstated by the Employer within one (1) year of the date of separation, the Employer may use the original I-9 form and supporting documentation for the purpose of complying with the Act. If an employee s authorization to work expires, the Employer must immediately reverify that the employee is still authorized to work, based on the employee s documentation of continuing eligibility or new authority to work. The Employer must review the document, and verify on the I-9 Form, noting the document s ID number and expiration date.

30 IMMIGRATION REFORM AND CONTROL ACT SECTION 3.18 PAGE 4 OF 4 4. Anti-discrimination Policy: It is the intention of the Employer not to discriminate in hiring on the basis of national origin and citizenship status except as otherwise provided by law. The Employer will not unlawfully discriminate against any citizen or national of the United States or against any alien authorized to work in the job at issue.

31 NEW HIRE REPORTING SECTION 3.19 PAGE 1 OF 1 A. POLICY 1. Generally: In accordance with O.R.C. ' , the Employer shall report certain information about employees who are newly hired, rehired, or who return to work after a separation of employment. This information will be used by the Ohio Department of Jobs and Family Services (ODJFS) to help locate parents who owe child support, to make adjustments in public assistance benefits, and to identify persons who are fraudulently receiving benefits. In addition, new hire reporting information is available to other state agencies to help detect and prevent erroneous unemployment or workers compensation payments. 2. Employee Definition: The statute defines employee as any individual who is employed to provide services to an employer for compensation and includes an individual who provides services to an employer under a contract as an independent contractor and who is an individual, the sole shareholder of a corporation, or the sole member of a limited liability company. 3. Deadline: Information regarding newly hired, rehired or returning employees shall be submitted within 20 days of the hire or rehire date. B. PROCEDURE 1. There are a variety of ways to report new hires, including online reporting, electronic reporting, and by mail or fax. These options for reporting are discussed in detail on the Ohio New Hire Reporting Center s website at: 2. If the Employer prefers to submit the Ohio New Hire Reporting Form by mail or fax the Employer shall complete and forward the form to the address or fax number contained in the top left-hand corner of the form. A copy of this form is included in this manual or can be obtained from the above listed website. 3. For questions or technical assistance regarding the new hire reporting process employers can contact the Ohio New Hire Reporting Center at (614) or call the toll-free number (888)

32 NOTICE OF PAYROLL CHANGES SECTION 3.20 PAGE 1 OF 2 A. POLICY 1. The Appointing Authority or designee shall notify the Auditor s Office of all personnel actions which effect payroll. Examples of such personnel actions include but are not limited to the following: a. Hiring new employees b. Promotions c. Demotions d. Pay increases e. Probationary period completion f. Reclassification of existing job g. Resignations h. Retirements i. Layoffs j. Recalls following layoff k. Suspensions without pay l. Discharge (removals) m. Leaves of absence without pay n. Paid administrative leaves B. PROCEDURE 1. The Employer shall complete a Payroll Change Notice each time a personnel action is implemented which affects payroll. A sample form is contained in Section 9 of this manual. 2. The Appointing Authority shall approve or disapprove the change and sign and date the Payroll Change Notice only if approved. Once the Payroll Change Notice has been completed and the change authorized by the Appointing Authority signature and date

33 NOTICE OF PAYROLL CHANGES SECTION 3.20 PAGE 2 OF 2 thereon, the Appointing Authority or designee shall make a copy of the form for the department files. 3. One (1) copy of the approved duplicate Payroll Change Notice shall be placed in the employee s personnel file and the second copy forwarded to the County Auditor for processing payroll.