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ADA (Americans With Disabilities Act)
FMLA (Family Medical Leave Act)
*click on a title to go directly there*
i. Annual Acknowledgement Sign-off
ii. Drug and Alcohol Sign-off
iii. Lunch Sign-off
P.O. Box 168
MEDORA, ND 58645-0168
Phone (701) 623-4377 County Auditor/Treasurer/HRMarcia Lamb Fax (701) 623-4761
Welcome to Billings County!
On behalf of your colleagues, we welcome you to Billings County and wish you every success in your new
We believe that each employee contributes directly to the County’s growth and success, and we hope you take
pride in being a member of our team.
This manual was developed to describe some of the expectations of Billings County employees and to outline
the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves
with the contents of the employee manual as soon as possible, for it will answer many questions about
employment with the County.
Should you have any questions regarding the content of the manual, please discuss with your supervisor or the
Auditor’s office.
We hope that your experience here will be enjoyable, challenging and rewarding!
Board of County Commissioners
Billings County, North Dakota
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This policy manual is designed to acquaint you with the County and provide you with
information about working conditions, employee benefits, and some of the policies affecting
your employment. You should read, understand, and comply with all provisions of the
handbook. It describes many of your responsibilities as an employee and outlines the programs
developed by the employer to benefit employees. The written policies are intended to present
a clear expression of this County’s desire to provide fair and equitable treatment for all
employees past, present, and potential. One of our objectives is to provide a work
environment that is conducive to both personal and professional growth.
No employee handbook can anticipate every circumstance or question about policy. It is not
intended to be comprehensive or to address all the possible applications of, or exceptions to,
the general policies and procedures described. For that reason, if you have any questions
concerning eligibility for a particular benefit or the applicability of a policy or practice, you
should address your question to an immediate supervisor or Department Head. As the County
continues to grow, the need may arise, and the County reserves the right to revise, supplement,
or rescind any policies or portion of the handbook from time to time as it deems appropriate, in
its sole and absolute discretion.
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There are several things to keep in mind about this handbook. First it contains only general
information and guidelines. It is not intended to be comprehensive or to address all the
possible applications of, or exceptions to, the general policies and procedures described. For
that reason, employees who have questions concerning eligibility for particular benefits or the
applicability of a policy or practice should address their questions to the appropriate supervisor
or Department Head.
Some subjects described in this handbook are covered in detail in official policy documents.
Refer to these documents for specific information because the handbook only briefly
summarizes those guidelines and benefits. Please note the terms of the written insurance
policies are controlling and override any statements made in this document.
In order to retain necessary flexibility in the administration of policies and procedures, the
Commissioners reserve the right to change, revise, or eliminate any of the policies and benefits
in this handbook.
Neither this handbook, nor any other county document confers any contractual right, either
expressed or implied, for an individual to remain in the county’s employ. Nor does it
guarantee any fixed terms and conditions for an individual’s employment. Employment is
not for any specific time and may be terminated at-will with or without cause and without
prior notice by the organization, or an individual may resign for any reason at any time. No
supervisor, manager, or other representative of the organization with the exception of the
Billings County Commission has the authority to enter into any agreement for employment
for any specified period of time or to make any agreement contrary to that listed above.
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The County is an equal opportunity employer. It is the policy of the County to recruit, hire, train
and promote employees without discrimination because of race, color, religion, sex, age, creed,
status of marriage or public assistance, national origin, genetic information or physical or
mental disability except where specific age, sex or physical requirements are a bona fide
occupational qualification. No discrimination of any nature will occur in the recruitment,
placement, promotions, transfers, demotions, advertisements, or solicitations for employment,
training during employment, rates of pay or other forms of compensation, selection for
training, layoff or termination, or any related function.
The County will make reasonable accommodations for qualified individuals with known
disabilities unless doing so would result in an undue hardship.
Billings County will also give consideration to amnesty or status as a covered veteran in
accordance with applicable federal, state, and local laws. Qualified veterans shall receive
preferential status for employment with the County as set forth in the North Dakota Century
Any person who believes he or she has been discriminated against for any reason should
contact their supervisor or the States Attorney (please refer to the grievance section of this
manual). Employees can raise concerns and make reports without fear of reprisal. Anyone
found to be engaging in any type of unlawful discrimination will be subject to disciplinary
action, up to and including termination of employment.
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Role of Employee: You are expected each day to remember that, as an employee of the
County, you serve the public, and specifically, the citizens of Billings County (your real
“employers”). Your actions in this capacity reflect favorably or unfavorably upon you, your
supervisor(s) and the County as a whole. We expect that you will maintain favorable visibility
with the public, that you will act responsibly within the means of your position in meeting the
needs of the public and that you will be accountable for your actions in this capacity.
Dress Code/Appearance. Appearance and dress should be in keeping with the job being
performed, both for safety reasons and to reflect a positive image for the County. Should an
employee arrive for work wearing clothing or accessories which, in the opinion of their
supervisor, are inappropriate, they may be required to go home and change prior to
commencing work.
Inclement Weather. A decision to close the County offices due to inclement weather shall be
at the discretion of the Commission Board Chairperson and the Sheriff. They will discern who
will make the necessary arrangements to notify employees. Should an employee choose not to
attend work due to inclement weather when the County offices are still open, that employee
will have that time off charged to either vacation or leave without pay. If it is NECESSARY for an
employee to work when County offices are closed due to inclement weather, they will be
compensated by receiving either the amount of those hours in additional pay or vacation hours,
whichever is the employee’s preference. Any hours worked during a period when the County
offices are closed need to be pre-approved by a supervisor in order to be compensated.
Reprisal. The Public Relations Act, as provided for in State Law, provides that an employee
may, without fear of reprisal, report in writing to the employee’s Department Head, or other
related County official, the existence of a job-related violation of state or federal law or rules or
misuse of public resources. Any employee who intentionally furnishes false information is
subject to disciplinary action, including suspension or dismissal.
Appearances of Impropriety. Billings County employees and officials should avoid any action
which would result in or create an appearance of using public office for private gain, giving
preferential treatment to any business or person, losing independence or impartiality making
decisions outside official channels, or adversely affecting public perception of the integrity of
Billings County or any of its departments or programs.
Prohibited Activities. Billings County employees may not engage in conduct that violates local,
state, or federal law, or applicable standards of conduct that has or could have a direct effect
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on the employee’s ability to carry out his or her duties and responsibilities. In addition,
officials, managers and supervisors may not engage in any business activity with subordinates
that could compromise a working relationship.
Employee Conduct. Billings County considers a consistently positive, cooperative, self-
motivated, courteous, and professional attitude to be an essential function of every position.
Employees have an obligation to serve the public in a fair, impartial and respectful manner.
Each employee must understand that when in contact with the public, the employee projects
an image of Billings County and its employees. Instances where the public has been offended
will be reported to the supervisor. Employees whose conduct shows a lack of respect or
professionalism will be disciplined. Even while off-duty an employee should remember that as
an employee of Billings County, the employee’s activities may reflect upon Billings County and
may affect the employee’s ability to perform their job.
To assure orderly operations and provide the best possible work environment, the County
expects employees to follow rules of conduct that will protect the interests and safety of all
employees and the employer. It is not possible to list all the forms of behavior that are
considered unacceptable in the work place, but the following examples of infraction of rules of
conduct that may result in disciplinary action, including suspension or termination of
Theft or inappropriate removal or possession of property
Falsification of timekeeping records
Working under the influence of alcohol or illegal drugs
Possession, distribution, sale, transfer, or use of alcoholic or illegal drugs in the work
place, while on duty, or while operating employer-owned vehicles or equipment
Fighting or threatening violence in the work place
Boisterous or disruptive activity or horseplay in the work place
Negligence or improper conduct leading to damage of employer-owned or customer-
owned property
Insubordination or other disrespectful conduct
Violation of safety or health rules
Smoking in prohibited area
Sexual or other unlawful harassment
Possession of dangerous or unauthorized materials, such as explosives or firearms, in
the workplace
Excessive absenteeism or any absence without notice
Unauthorized absence from work station during the work day
Unauthorized use of telephone, mail system, or other employer-owned equipment
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Inappropriate use of computer equipment relating to non-county business or to access
unprofessional, pornographic or demeaning websites
Unauthorized disclosure of confidential information or violation of personnel policies
Unsatisfactory performance or conduct
Misconduct can occur either on or off the job. Examples of misconduct on the job are cited
above. Examples of misconduct off the job include, but are not limited to involvement in
criminal activity or activity involving moral turpitude which, in the judgement of the County,
reflects adversely on the image or standing of the County. Employees convicted for driving
under the influence or reckless driving, on or off the job, are subject to disciplinary action up to
and including immediate termination.
Employment with the County is “at-will” of the County and the employee, and either party may
terminate that relationship at any time, with or without cause and with or without advance
notice, within the provision of state and federal law.
Disciplinary action by a Department Head or his/her designee may be taken against an
employee who has failed to conduct themselves appropriately or failed to meet performance
expectations. The nature and severity of the disciplinary action will be determined by the
Department Head, or in a severe case, jointly by the Department Head and after review or
consultation with the State’s Attorney. Disciplinary action for an appointed Department Head
(ie. Library Administrator, Weed Control Officer, etc.), will be determined by the individual
governing boards or Commissions. A copy of the disciplinary action must be filed with the
County Human Resource Coordinator.
Reasons for disciplinary action may include but are not limited to:
Gross negligence of duty or inability to perform essential functions (see ADA)
Refusal to comply with proper commands or instructions
Offensive language or conduct
Continued incompetence and inefficiency, or carelessness in performing job duties
Theft, abuse, destruction, or loss of County property or falsification of records
Consuming alcoholic beverages or controlled substances without a prescription while on
duty or being intoxicated or under the influence of drugs while on duty
Neglect of proper safety procedures which led to or caused an accident, fire, or damage
to any person or piece of County property
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There are three basic classifications of disciplinary action which may be used in no particular
order and depend completely on the severity of the infraction. Each infraction will be required
to be documented in the following ways for follow-up action:
Verbal WarningEmployee is counseled by his/her supervisor following a minor offense
in an effort to eliminate possible misunderstandings and to explain what constitutes
proper conduct.
The employee will be given an opportunity for an explanation of his/her actions.
Providing there are no other violations, the warning is to be maintained in the
employee’s personnel file for a minimum of one (1) year. One (1) year following the
documented verbal warning, the employee may request from the Department Head to
have the warning removed from their personnel file.
Written Warning Employee receives written notice of discipline following intentional
or repeated minor offenses. The purpose of a written warning is to make certain that
the employee is fully aware of the misconduct he/she has committed and what is
expected, thereby enabling the employee to avoid a recurrence of the incident.
Disciplinary time off without pay may be given. The written warning will note any
previous verbal and written warnings when it is prepared and will include the date, time
and action taken.
Providing there are no other violations, the written warning will be maintained in the
employee’s personnel file for not less than two (2) years. Two (2) years following the
documented written warning, the employee may request from the Department Head to
have the warning removed from their personnel file.
For all purposes of this handbook, the definition of “Personnel File” is the official County record
kept locked in the Billings County Auditor’s office that holds all employee documentation.
Disciplinary actions may include but are not limited to any one or combination of the following:
Suspension The Department Head and/or governing board, after written notice may
suspend any employee with or without pay.
Demotion An employee may be demoted. A demotion may be an involuntary
disciplinary reduction in salary and status of an employee.
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Dismissal An employee may be dismissed. A written statement by the Department
Head and/or governing board of reasons for the dismissal shall be submitted to the
employee. A copy will be placed in the employee’s personnel file.
The Department Head (including County Commissioners) may, after a written
disciplinary notice, suspend any employee or appointed official without pay for a period
not to exceed one month in any one calendar year. An employee shall have the right to
appeal the suspension.
The Board of County Commissioners and/or governing board may suspend any
employee for the length of time necessary when an investigation is required to resolve
the disciplinary action, with or without pay.
Any employee who is suspended (in excess of 40 hours) with or without pay shall not be
eligible for benefits during such suspension period as listed below:
o Annual Leave
o Sick Leave
o County paid insurance
Any employee wishing to continue the insurance benefits must reimburse to the County in
advance the benefit and deduction portion to assure continuation. Failure to continue the
insurance during the suspension may subject the employee to cancellation of health coverage.
The employee would not be eligible for participation until the next open enrollment period.
It is also the responsibility of the employee to provide payment by the beginning of each month
to the Auditor/Treasurer’s Office for voluntary product premiums.
Depending on the outcome of an investigation (see above), the above mentioned benefits may
or may not be returned to the employee.
Any employee who is suspended must immediately surrender to their respective
Department Head or immediate supervisor any keys to County property, including
motor vehicles, desks, lockers, and office buildings.
It shall be the responsibility of the employee to inform the HR Coordinator, in writing,
immediately of his/her intentions regarding insurance continuation.
A demotion may be an involuntary reduction in the status of an employee from a position in
one grade to a position in a lower grade having a lower entrance salary. It may be a reduction
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of salary within a grade. A regular employee shall have the right to appeal a demotion by a
Department Head.
The Department Head may dismiss an employee. A written statement, by the Department
Head, shall be submitted to the employee, and placed in the employee’s personnel file. An
employee shall have the right to appeal a dismissal by a Department Head to the Board of
County Commissioners.
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The introductory period is intended to give new employees, excluding elected officials, the
opportunity to demonstrate their ability to achieve a satisfactory level of performance and to
determine whether the new position meets their expectations. Billings County considers the
introductory period as the last step of the selection process and uses this period to evaluate
employee capabilities, work habits, and overall performance. Either the employee or the
County may end the employment relationship at will at any time during or after the
introductory period, with or without cause or advance notice. In the case of Social Service
employees, termination after the introductory period shall be on a “for cause” basis.
All new and rehired (after a 6 month absence) employees work on an introductory basis for the
first 180 calendar days after their date of hire unless a different time period is designated.
Employees who are promoted or transferred within the County must complete a secondary
introductory period of the same length with each reassignment to a new position. Any
significant absence will automatically extend an introductory period by the length of the
absence. If the Department Head or Board of County Commissioners determine that the
designated introductory period does not allow sufficient time to thoroughly evaluate the
employee’s performance, the introductory period may be extended for a specified period.
In cases of promotions or transfers within the County, any employee who, in the sole judgment
of management, is not successful in the new position can be removed from that position at any
time during the secondary introductory period. If this occurs, the employee may be allowed to
return to his or her former job or to a comparable job for which the employee is qualified,
depending on the availability of such positions and the County’s needs. Upon satisfactory
completion of the initial introductory period, employees enter the “regular” employment
During the initial introductory period, new employees are eligible for those benefits that are
required by law, such as workers’ compensation insurance and Social Security, and may also be
eligible for other County provided benefits, subject to the terms and conditions of each benefits
program. Employees should read the information for each specific benefits program for the
details on eligibility requirements. See your supervisor or HR Coordinator for clarification of
these benefit provisions.
Benefits eligibility and employment status are not changed during the secondary introductory
period that results from a promotion or transfer within the County.
The introductory period is considered fulfilled for any part-time employee who works 1,040
hours or more on a 12 month period and is promoted to full-time employment status within
the same department and same job classification.
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It is the intent of the County to clarify the definitions of employment classifications so that
employees understand their employment status and benefit eligibility.
Each employee is designated as either NONEXEMPT or EXEMPT from the federal and state
wage and hour laws as defined under Title 29, Part 541 of the US Code of Federal Regulations.
NONEXEMPT employees are entitled to overtime or compensatory pay under the
specific provisions of federal and state laws.
EXEMPT (including elected officials) employees are excluded from specific provisions of
federal and state wage and hour laws.
In addition to the above categories, each employee will belong to one other employment
INTRODUCTORY Employees who are being evaluated to determine whether further
employment in a specific position or with the County is appropriate. Employees who
satisfactorily complete the introductory period of six (6) months will be notified of their
new employment classification. Employees are eligible to receive benefits
proportionately based on their employment status.
REGULAR FULL-TIME Employees who are regularly scheduled to work the County’s
full-time schedule, which consists of at least 40 regularly scheduled hours per week.
Generally, they are eligible for the employer’s full benefit package, subject to the terms,
conditions, and limitations of each benefit program.
REGULAR PART-TIME Employees who are regularly scheduled to work less than the
full-time work schedule but at least 20 hours per week. Regular part-time employees
are eligible for a prorated percentage portion for the employer’s benefit package
subject to the terms, conditions, and limitations of each benefit program in direct
relation to the average number of hours the employee works. Employees in this
category that work a minimum of 20 hours per week for 20 or more weeks any time
during the year and fill a permanent position that is consistently funded and not
considered a temporary position or a position of limited duration are eligible to
participate in NDPERS Defined Benefit Program.
IRREGULAR PART-TIME Employees who are regularly scheduled to work less than 20
hours per week or who are rehired on a regular basis for a limited duration. While they
do receive all legally-mandated benefits (such as Workers’ Compensation and Social
Security benefits), they are ineligible for any of the County’s other benefit programs.
TEMPORARY Employees hired as interim replacements, to temporarily supplement
the work force, or to assist in the completion of a specific project. Employment
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assignments in this category are of a limited and indefinite duration. Employment
beyond any initially stated period does not in any way imply a change in employment
status. “Temporary” employees retain that status until notified of a change. While
temporary employees receive all legally-mandated benefits (such as Workers’
Compensation and Social Security), they are ineligible for any of the County’s other
benefit programs.
CASUAL or SEASONAL Employees who have established an employment relationship
with the County, but who are assigned to work on an intermittent and/or unpredictable
basis. While they receive all legally-mandated benefits (such as Workers’ Compensation
and Social Security), they are ineligible for any of the County’s other benefit programs.
VOLUNTEER Individuals who have a relationship with the County as a volunteer (i.e.
EMT, Ambulance Driver etc.), who are not regularly scheduled to work but may take
emergency calls on an as-needed basis. While they do receive all legally-mandated
benefits (such as Workers’ Compensation and Social Security), they are ineligible for any
of the employer’s other benefit programs.
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Since employment of non-Social Service employees with the County is based on mutual
consent, both the employee and the County have the right to terminate employment at-will, at
any time with or without cause or notice, within the provision of state and federal law.
Terminations are an inevitable part of employment activity within any organization, and many
of the reasons for termination are routine. Social Service employees, once they complete their
Introductory Period, enjoy the status of “for cause” termination. The condition and procedures
related to this status are available from the Director of Social Services. Below are examples of
some of the most common circumstances under which employment is terminated:
RESIGNATION employment termination initiated by an employee who chooses to
leave the County voluntarily. When resigning, every attempt should be made to
notify the Department Head/Supervisor in writing as far in advance as possible with
a minimum of two weeks notice. Employees are also expected to give a reason for
termination in their written notice.
DISCHARGEemployment termination initiated by the County.
REDUCTION IN FORCE (RIF) involuntary employment termination initiated by the
County for non-disciplinary reasons such as lack of funds, curtailment of work, or as
the result of reorganization.
MEDICAL TERMINATIONemployment termination initiated by the employee or by
the County when an employee is unable, for health reasons, to continue to work.
RETIREMENTvoluntary retirement from active employment status initiated by the
Employees will receive their final pay in accordance with applicable state law. Employee
benefits will be affected by employment termination. All accrued, vested benefits that are due
and payable at termination will be paid. Some benefits may be continued at the employee’s
expense if the employee so chooses. The employee will be notified in writing of the benefits
that may be continued and of the terms, conditions, and limitations of such continuance.
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The work week for the County shall be defined annually per Resolution of the Board of County
Commissioners. The Courthouse is closed on most legal holidays. Courthouse employees have
a normal work day of 8 hours and work week of 40 hours. Highway, Sheriff, and Emergency
Medical Service offices observe differing schedules. Supervisors will advise employees of their
individual work schedules.
Staffing needs and operational demands may necessitate variations in starting and ending
times, as well as variations in the total hours that may be scheduled each day and week.
Billings County follows the Fair Labors Standards 29 USC Chapter 8.
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To maintain a safe and productive work environment, the County expects employees to be
reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a
burden on other employees and on the County. In the rare instance when an employee cannot
avoid being late to work or is unable to work as scheduled, he or she should notify the
supervisor as soon as possible in advance of the anticipated tardiness or absence.
Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action,
including termination of employment.
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Accurately recording time worked is the responsibility of every non-exempt employee. Federal
and state laws require the County to keep an accurate record of time worked in order to
calculate employee pay and benefits. Time worked is all the time actually spent on the job
performing assigned duties.
Non-exempt employees should accurately record the time they begin and end their work, as
well as the beginning and ending time of each meal period. They should also record the
beginning and ending time of any split shift or departure from work for personal reasons.
Overtime work must always be approved before it is performed. Exempt employees should
accurately record their paid but non-worked time off, such as vacation or sick leave.
Non-exempt employees should report to work no more than 5 minutes prior to their scheduled
starting time nor stay more than 5 minutes after their scheduled stop time without express,
prior authorization from their supervisor.
Tampering, altering, or falsifying time records or recording time on another employee’s time
record may result in disciplinary action, up to and including termination.
It is the employee’s responsibility to sign his or her time record to certify the accuracy of all
time recorded. The Department Head will review and then initial the time record before
submitting it for payroll processing. In addition, if corrections or modifications are made to the
time record, both the employee and the Department Head must verify the accuracy of the
changes by initialing the time record.
The supervisor has time keeping responsibilities. The supervisor’s responsibilities shall include:
The proper orientation of each new employee in their department concerning the
employee’s understanding of the correct method of completing their time sheet.
Correct validation (signing each time sheet) and completion of actual hours worked in
accordance with present policy and procedure.
Approval and control of overtime.
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There are two methods for recording and computing overtime pay and they are as follows:
1. In the first method, employers are required to pay overtime compensation at time and
one-half to all non-exempt employees for hours worked in excess of 40 hours in one
week except for Law Enforcement employees who work on a twenty-eight day schedule
for computing overtime based on 160 hour work record.
2. In the second method, non-exempt employees may receive, in-lieu of overtime
compensation, compensatory time at the rate of one and one-half hours for each hour
of work for which overtime is to be compensated.
Overtime pay must have prior approval from the supervisor. Overtime will be paid at the
regular payroll upon submission of a voucher signed by the non-exempt employee and
approved by the supervisor. The provision of compensatory time may be made only if there is
an agreement or memorandum of understanding providing for the availability of compensatory
time. A non-exempt employee must designate each year whether compensatory time or
overtime will be paid.
A non-exempt employee may accrue not more than 80 hours of compensatory time and must
designate each year the choice between overtime and compensatory time. Unused
compensatory time balances will be paid semi-annually in the June and December payrolls.
An employee who has accrued compensatory time off shall, upon termination of employment,
be paid for the unused compensatory time at the final regular rate received by the employee.
In addition, an employee who has accrued compensatory time off shall be permitted to use
such time within a reasonable period after making the request if the use of the compensatory
time does not unduly disrupt the operations of the department.
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Rest Periods - Each work day, full-time non-exempt employees are provided with rest periods.
Normal rest periods are 15 minutes in length unless exceptions are made and approved by a
supervisor. To the extent possible, rest periods will be provided in the middle of work periods.
Since this time is counted and paid as time worked, employees must not be absent from their
work stations beyond the allotted rest period time.
Meal Periods In most departments, the lunch period is one hour and the employee is
required to check in and out. This period is not counted as time worked. Meal periods of five
to twenty minutes duration per shift must be counted as time worked under 29CFR785.18 and
19. In those departments which have a 30 minute meal break, employees will be required to
check in and out. North Dakota law requires a one-half hour meal break between the third and
fifth hour of work. Bona fide meal periods where the employee is completely relieved from
duty are not working time. Bona fide meal periods do not include coffee breaks or snack time.
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All employees are paid monthly upon the submission of their time sheets, on or prior to the
of each month.
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Neither pay advances nor extensions of credit on unearned wages will be provided to
employees. An employee leaving on vacation may not receive his/her pay before the normal
pay day.
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The law requires that the County make certain deductions from every employee’s
compensation. Among these are applicable federal, state, and local income taxes. The County
also must deduct Social Security taxes on each employee’s earnings up to a specified limit that
is called the Social Security “wage base”. The County contributes the amount of taxes as
required by law.
The County offers programs and benefits beyond those required by law. Employees who wish
to participate in these or other programs may voluntarily authorize deductions from their pay in
writing. If you do not understand why deductions were made or how they were calculated,
your supervisor or HR Coordinator can assist in having your questions answered.
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The County takes all reasonable steps to assure that employees receive the correct amount of
pay in each paycheck and that employees are paid promptly on the scheduled payday.
In the unlikely event that there is an error in the amount of pay, the employee should promptly
bring the discrepancy to the attention of the payroll department so that corrections can be
made as quickly as possible.
Once under-payments are identified, they will be corrected on or before the next regular
Overpayments will also be corrected on the next regular payday unless this presents a burden
to the employee (where there is a substantial amount owed). In that case, the County will
attempt to arrange a schedule of repayments with the employee to minimize the
inconvenience to all involved.
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All files and information in possession of the County are deemed open records in accordance
with state law except where specific exemptions are made as they apply to certain law
enforcement & court records documents, social service clients and other related information
that is protected by regulation or statute. All employee medical information and files or
records pertaining to the use of the employee assistance program is considered confidential
and cannot be given out to the public. This would include health insurance, retirement
information, social security numbers, HIPPA documents and any other information protected
under state and federal laws. Employee personnel files are considered public property and are
subject to public scrutiny under the open records law.
For all purposes of this handbook, the definition of “Personnel File” is the official County record
kept locked in the Billings County Auditor’s office that holds all employee documentation.
Any person seeking public information should follow the guidelines below:
Call and set up an appointment (when necessary).
The individual, about whom the information is being given out, should be contacted if at
all possible.
That individual has the right to object and objection shall be noted.
The person wishing to view the file shall be accompanied at all times during the viewing.
NDCC §11-13.02.1
“If the service takes more than an hour to provide, the Board of County Commissioners shall
determine a fee, which may not exceed the sum of twenty-five dollars per hour, excluding the
initial hour, for time consumed in compiling the statistical information”
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It is the responsibility of each employee to promptly notify the payroll department of any
changes in personal data. Personal mailing addresses, telephone numbers, number and names
of dependents, individuals to be contacted in the event of an emergency, educational
accomplishment, and other such status reports should be accurate and current at all times.
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Eligible employees in the County are provided a wide range of benefits. A number of the
programs (such as Social Security, Workers’ Compensation, state disability and unemployment
insurance) cover all employees in the manner prescribed by law.
Benefits eligibility is dependent upon a variety of factors, including employee classification.
Your supervisor or the HR Coordinator can identify the programs for which you are eligible.
Details of many of these programs can be found elsewhere in this handbook. For benefits not
discussed in this handbook, additional information is available in the Auditor’s office.
The following benefit programs are available to eligible employees:
Some benefit programs require contributions from the employee, but most are fully paid by the
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The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and
their qualified beneficiaries the opportunity to continue health insurance coverage under the
County’s health plan when a “qualifying event” would normally result in the loss of eligibility.
Some common qualifying events are resignation, termination of employment, death of an
employee, a reduction in and employee’s hours or a leave of absence, an employee’s divorce or
legal separation, or a dependent child no longer meeting eligibility requirements.
Under COBRA, the employee of beneficiary pays the full cost of coverage at the County’s group
rates plus an administration fee. The County provides each eligible employee with a written
notice describing rights granted under COBRA when the employee becomes eligible for
coverage under the County’s health insurance plan. This notice contains important information
about an employee’s rights and obligations.
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Holidays will be granted as designated by the President of the United States, the Governor of
North Dakota or by Resolution of the Billings County Commission. According to applicable
restrictions, the County will grant paid holiday time off to all eligible employees. Holiday pay
will be calculated based on the employee’s straight time pay rate (as of the date of the holiday)
times the number of hours the employee would otherwise have worked on that day. An
employee may not be paid for more than the regular work day, and no greater than an eight
hour shift. Eligible employee classifications:
Regular full-time
Regular part-time (prorated)
Casual, Seasonal or Temporary (conditional)
A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A
recognized holiday that falls on a Sunday will be observed on the following Monday. (In
accordance with provisions of the North Dakota Century Code)
If an eligible employee is required to work on a recognized holiday, he or she will receive wages
at his/her straight time base pay rate for the hours worked on the holiday and will receive
designated holiday pay in addition to hours worked. If a recognized holiday falls during an
eligible employee’s paid absence (e.g. vacation), holiday pay will be provided instead of the
paid time off benefit that would otherwise have applied. FLSA does not require payment for
time not worked, such as vacations or holidays but the County has provided this benefit to
eligible employees. Paid time off for holidays will not be counted as hours worked for purposes
of determining whether overtime pay is due.
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The following employee classifications are eligible for vacation benefits according to the
guidelines set forth in this policy:
Regular full-time employees
Regular part-time employees (prorated)
Introductory employees
Employees will be allowed to take vacation time off as it is accrued. A benefit year is the
twelve-month period following the date of hire and each anniversary date thereafter in an
eligible employment classification. The benefit year will be adjusted to reflect the length of any
unpaid leave of absence. Regular part-time employees will receive a prorated amount of
vacation leave.
Vacation pay will be calculated based on the employee’s straight-time pay rate (in effect when
vacation benefits are used) times the number of hours the employee would otherwise have
worked on the day(s) of absence, but not greater than 10 hours. Vacation pay does not include
shift differentials, incentive pay, bonuses, or other special forms of compensation. Vacation
benefits for salaried employees will be based on their normal wages.
Employees who have satisfied all eligibility requirements must submit vacation requests to their
supervisors. Requests will be evaluated based upon various factors, including anticipated
operating requirements and staffing considerations during the proposed period of absence.
Vacation requests shall not be made in increments of less than one (1) hour.
Employees are strongly encouraged to take earned vacation during the benefit year following
its accrual. Employees will be allowed to accrue and carry over 240 hours of vacation leave at
the end of the year (December 31). Accrual time over the 240 hours will be lost if unused by
April 1
of the following year. Upon termination of employment, employees will be paid for
vacation benefits that have been accrued through the last day of work.
Vacation benefits will be accrued by eligible employees according to the following schedule:
Vacation Benefits Eligibility Table
61-108 MONTHS
109-156 MONTHS
157-216 MONTHS
217 MONTHS +
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Billings County provides paid sick leave benefits to all eligible employees for periods of
temporary absence due to illnesses or injuries. Eligible employee classifications:
Regular full-time employees
Regular part-time employees (prorated)
Introductory employees
Employees in the eligible employee classification may use sick leave as it accrues. Eligible
employees will accrue sick leave benefits at the rate of 8 hours per month or 96 hours per year.
An eligible employee may use sick leave benefits for an absence due to illness or injury
sustained by that employee or an immediate family member. Billings County defines
“immediate family” as the employee’s spouse, parent (natural, adoptive, foster, or stepparent),
child (natural, adoptive, foster, or stepchild), sibling; the employee’s spouse’s parent, child, or
sibling; the employee’s child’s spouse; grandparents or grandchildren; or a person whose
relationship is considered that of a “significant other”.
Employees who are unable to report to work due to illness or injury should notify their
supervisor before the scheduled start of their shift if possible. The supervisor should also be
contacted each additional day of absence. If an employee is absent for three (3) or more
consecutive days due to illness or injury, a physician’s statement may be requested verifying
the nature of the disability and its beginning and expected ending dates. Before returning to
work from a sick leave absence of three (3) calendar days or more, an employee may be
required to provide a physician’s verification that he or she may safely return to work.
Sick leave benefits will be calculated based on the employee’s base pay rate at the time of
absence. As an additional condition of eligibility for sick leave benefits, an employee must
apply for any other available compensation and benefits, such as state disability insurance. Sick
leave benefits will be used to supplement any state disability insurance or workers’
compensation benefits that an employee is eligible to receive. The combination of any such
disability payments and sick leave benefits cannot exceed the employee’s normal earnings.
Unused sick leave benefits will be allowed to accumulate up to 960 hours. Once the limit of 960
hours has been reached, employees will be eligible to trade any accrued sick leave above the
960 hours at a rate of 48 hours of sick leave for 8 hours of additional vacation.
Because sick leave benefits are intended to provide income protection in the event of an actual
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Illness or injury, unused sick leave benefits cannot be used for any other paid or unpaid
absences. Upon time of termination of employment or retirement, an employee will be
compensated at the rate of 48 hours sick leave for 8 hours of paid time.
It is the County’s intention that regular appointments and office visits to the doctor, dentist,
etc. be scheduled for non-work time, but in the event that employees must be absent for such
appointments during normal working hours, sick leave may be taken if approved in advance.
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Sick leave may be donated to the “sick leave bank” as long as the employee donating has more
than 120 hours accrued, and must have that amount of time remaining on their account after
the donation. The time donated will be kept confidential and the recipient will not be told
where the additional time came from. The sick leave bank will be used on an as needed basis
for employee’s who have an injury or illness which will use up all of their own sick leave and
vacation down to 40 hours. If more than one individual requests leave from the sick leave bank,
the time will be split as evenly as possible between those employees if there is time in the bank.
A form to donate sick leave time is available in the Auditor’s office.
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If an employee wishes to take time off due to the death of an “immediate family member”,
defined as the employee’s spouse, parent (natural, adoptive, foster, or stepparent), child
(natural, adoptive, foster, or stepchild), sibling; the employee’s spouse’s parent, child, or
sibling; the employee’s child’s spouse; grandparents or grandchildren; or a person whose
relationship is considered that of a “significant other”, the employee should notify his or her
supervisor immediately. Paid time off may be granted to allow the employee to attend the
funeral and make any necessary arrangements associated with the death.
Up to 40 hours of paid bereavement leave for a funeral within a 300 mile radius and up to 80
hours for a funeral beyond a 300 mile radius may be provided to eligible employees in the
following classifications:
Regular full-time employees
Regular part-time employees (prorated)
Introductory employees
Bereavement pay is calculated based on the base pay that an employee would otherwise have
earned had he or she worked on the day of the absence.
Approval of bereavement leave will occur in the absence of unusual operating requirements.
Any employee may, with the supervisor’s approval, use any available paid leave for additional
time off as necessary.
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After one full year of employment, regular full-time and regular part-time employees (by the
definitions on page 12) become eligible for longevity pay. The longevity pay will be paid at the
November payroll in the amount of $150.00 for each year of contiguous service.
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In accordance with the guidelines set forth in this policy, the County may provide unpaid
personal leave to eligible employees who wish to take time off from work duties to fulfill
personal obligations. The employee classifications eligible for personal leave:
Regular full-time employees
Regular part-time employees
Employees may request personal leave only after having completed one year (365 days) of
service in an eligible employment classification. Personal leave may be granted for a period of
up to 30 calendar days, per calendar year. Pending the supervisor’s approval, employees may
take any available vacation leave prior to the effective date of the personal leave of absence.
Requests for personal leave will be evaluated based on a number of factors, including
anticipated operational requirements and staffing considerations during the proposed period of
Leave of absence without pay shall be granted only for the following reasons:
Medical condition, with a signed doctor’s verification
Advanced education, with proof of enrollment
Active military service, with a copy of appending orders
The County will continue to provide its normal portion of insurance benefits until the end of the
month in which the personal leave begins.
Accruals for benefit calculations, such as vacation, sick leave, or holiday benefits will be
suspended during the taking of personal leave.
To the extent possible, employees returning from personal leave will be returned to their
former position or will be offered the first available comparable position for which they are
If an employee fails to report to work at the expiration of the approved leave period, the
County will assume that the employee has resigned.
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It is the County’s policy to provide equal employment opportunity to all persons and to ensure
complete compliance with the ADA and requirements set forth by the North Dakota Century
All decisions related to personnel policy and practice in the recruitment, employment,
development, advancement, and consideration of applicants and employees will be made on
the basis of the individual’s ability to perform the essential functions of the position with or
without a reasonable accommodation.
Officials shall identify the essential functions of a position before the beginning of any recruiting
effort. Any person who believes he or she has been discriminated against because of a
disability should contact the States Attorney. Supervisors should contact the States Attorney
and Risk Manager for assistance in providing accommodations and materials in alternate
This policy is neither exhaustive nor exclusive. The County is committed to taking all other
actions necessary to ensure equal employment opportunity for persons with disabilities in
accordance with the ADA and all other applicable federal, state and local laws.
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The purpose of the Family and Medical Leave Policy is to provide job-protected leave to
employees when personal or family medical situations or military service requirements result in
their absence from work. Billings County’s policy is to comply with the Family Medical leave Act
by providing up to 12 workweeks of employment-protected unpaid family and medical leave to
eligible employees, under the following circumstances:
1. Because of the birth of a son or daughter;
2. Because of the placement of a son or daughter with the employee for adoption or foster
3. To care for a spouse, child or parent or the employee whose serious health condition
requires the employee’s absence from work;
4. Because of an employee’s own serious health condition which renders the employee
unable to perform the functions of their position;
5. Because of any qualifying exigency arising out of the fact that the spouse, or a son,
daughter, or parent of the employee is on active duty (or has been notified of an
impending call or order to active duty) in the Armed forces in support of a contingency
operation; or
6. MILITARY CAREGIVER LEAVE: In addition, and subject to the certification requirements
spelled out below, an eligible employee who is the spouse, son, daughter, parent, or
next of kin of a covered service member shall be entitled to a total of 26 workweeks of
leave during a 12 month period to care for the service member. This leave shall only be
available during a single 12 month period that begins on the first day of such leave. If a
leave qualifies as both service member family leave and leave to care for a family
member with a serious health condition, the leave will be designated first as Military
Caregiver leave.
I. Active employees who have been employed by the County for at least 12
months and who have worked at least 1,250 hours during the previous 12
months are eligible for leave pursuant to this Policy. The 12 months of
employment need not be continuous and shall include time spent on
military service covered by USERRA. Employment periods prior to a
break in service of 7 years or more shall not count toward the 12 months
unless the break in service was due to service in the National Guard or
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Reserves. If an employee who is otherwise eligible for FMLA reaches the
12 month mark while on leave, the period of leave prior to meeting the
12 month threshold is non-FMLA and the period of leave after the 12
month threshold is FMLA leave.
II. An employee’s eligibility is measured as of the date Leave will begin.
Employees will be required to use accrued paid sick leave for eligible
situations and may use vacation leave to cover some or all of the FMLA.
Any leave which exceeds the combination of sick and/or vacation leave
shall be unpaid pursuant to FMLA. The employer is responsible for
designation if such paid leave counts as FMLA leave.
I. Leave will be available for the period of time certified by the physician
and approved by the County, but not to exceed 12 workweeks in the 12
month period beginning on the first day FMLA is taken. Military
Caregiver leave shall not exceed 26 workweeks in a single 12 month
period beginning on the first day of such leave. The method used to
calculate a leave year will be the 12 month period measured forward
from the date the employee first takes FMLA leave. This method entitles
an employee to 12 weeks of leave during a year that begins on the first
day FMLA leave is taken. After completion of 12 months from that date,
the next 12-month period begins the next time FMLA is used.
II. Part-Time Employees (For purposes of calculating available leave under
this policy only):
a. Regularly scheduled part time employees.
i. For a continuous (non-intermittent) Leave, the
employee is eligible for up to 12 weeks of Leave (or 26
weeks, where applicable), based on their normal part
time workweek.
ii. For intermittent or reduced schedule leave, multiply
the number of hours in the employee’s normal part-
time workweek by 12 (or 26 where applicable) to
determine the maximum number of Leave hours
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b. Varied schedule part-time employees. For continuous,
intermittent or reduced schedule Leave, average the number
of hours worked in the 12 months prior to the start of Leave.
Multiply that number by 12 (or 26, where applicable) to
determine the maximum number of Leave hours available.
c. A Parenting FMLA leave shall be taken in a continuous block of
days, unless advance written approval is obtained from the
County to allow parenting leave to be taken in more than a
single continuous block of days. If such Leave is requested
and granted, it must be in full day increments. When such
leave is requested and approved, the employee may be
required to transfer temporarily to an alternate position with
equivalent pay and benefits. Parenting FMLA Leave must end
within 12 months of the birth or placement of the child.
d. Leave due to an employee’s own serious health condition or
that of the employee’s spouse, child or parent may be taken
on an intermittent or reduced leave schedule when medically
necessary. The minimum length of each period of Leave is
one hour. The County may require those taking intermittent
leave to transfer temporarily to an alternative position with
equivalent pay and benefits. In addition, those using
intermittent leave must make a reasonable effort to schedule
leave so as not to unduly disrupt County operations.
e. If an employee notifies the County that they do not intend to
return to work after their Leave, their termination date will be
the end of the Leave period.
f. The aggregate number of workweeks of Military Caregiver
leave to which a husband and wife may be entitled if they
both are County employees may be limited to 26 workweeks
during a single 12 month period if the Leave is all Military
Caregiver leave or is a combination of Military Caregiver leave
and any other type of leave authorized by this policy.
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1. Timing:
A. Foreseeable Leave: Where the need for Leave is foreseeable, the employee
must provide at least 30 days’ notice to the County before the leave is to begin.
If the Leave is to begin in less than 30 days, the employee must notify the County
as soon as practicable. Failure to comply with this notice requirement may result
in the delay or denial of Leave. For leaves due to qualifying exigency, notices
must be provided as soon as practicable regardless of how far in advance leave
was foreseeable.
B. Unforeseeable Leave: Where the need for Leave is unforeseeable, the employee
must give notice to the County immediately, absent extenuating circumstances.
Failure to comply with this notice requirement may result in the delay or denial
of Leave. This requirement should not be confused with any required call-in
procedures for reporting absences, which is a separate obligation.
2. Contact: The employee must comply with the established process for Leave for each
department and contact the Department Head or appropriate supervisor.
3. Retroactive Designation: The County will retroactively designate an employee’s absence
where, in the County’s opinion, circumstances make such a designation appropriate.
1. Leave due to childbirth will generally begin on the date of the birth but may begin at any
time before or after 12 months of the child’s birth. Leave due to adoption, placement,
or for the care of the employee, their spouse, parent, or child with a serious health
condition will generally begin as outlined in the Notice and Certifications portions of this
2. Parenting FMLA Leave cannot extend beyond 12 months after the birth or placement of
the child.
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1. Vacation - All benefits accrued before, and not used during an employee’s leave, will
2. Use of Paid Leave - Employees will be required to use sick leave during FMLA and may
use vacation to complete an FMLA leave.
3. Other Leaves - Available paid Leave under sick leave or worker’s compensation will run
concurrently with FMLA and may not be used to extend leave under this policy.
4. Holidays - Employees will not be paid for holidays during FMLA Leave.
5. Wages and Salary - Any wage or salary increases otherwise due during Leave shall be
suspended during Leave without retroactive adjustment upon the employee’s return to
work. If the employee does not return to work, any final pay shall be based on the last
rate paid before leave commenced.
6. Benefits - Benefits generally continue in accordance with applicable provisions for each
benefit plan. Any changes in plan provisions or costs will apply to individuals on Leave
in the same manner as they do to active employees.
7. Accruals for benefit calculations such as sick leave, vacation benefits etc. will be
suspended for the duration of the leave.
1. An employee requesting Leave should obtain and complete the necessary leave forms
and attach the required certifications and submit them to their Department Head within
the designated amount of time.
2. Failure to give 30-days advance notice for a foreseeable leave, failure to give timely
notice for unforeseeable Leave, or failure to produce requested certification(s) within
the time designated may result in the delay or denial of the Leave.
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1. A Certification is required for Leave. The employee requesting the leave is responsible
for ensuring the County’s receipt of the Certification within the designated amount of
time. The County may deny or delay Leave for failure to submit the Certification on a
timely basis.
2. If the Certification received by the County is vague or incomplete, the employee will be
given an opportunity to cure those deficiencies. If the employee is unwilling or unable
to do so, leave will be denied.
3. The County may require a second medical opinion as to the need for Leave. If the
Certification and second opinions differ, the County may require a third medical opinion.
The third opinion care provider will be binding. This paragraph does not apply to
Military Caregiver Leave.
4. The County may require periodic recertification of the continuing need for Leave. The
County may refuse or delay further Leave until the recertification is received. The
recertification must be completed by the health Care Provider and may not be a copy of
a form previously submitted. Recertification may also be required if the employee
requests a Leave extension. This paragraph does not apply to Military Caregiver Leave.
5. Legal certification may be required for adoption or foster care.
6. Employees on Leave may be required to periodically report on their status and intention
to return to work.
7. When Leave is due to the employee’s own serious health condition, a fitness for duty
certification (FFD) may be required before the employee can return to work. Failure to
timely provide such certification may eliminate the employee’s right to reinstatement
under the FMLA. If the employee is using intermittent leave, and reasonable safety
concerns exist regarding the employee’s ability to perform their duties, a FFD certificate
may be required as frequently as every 30 days during periods where the employee has
used intermittent leave. If the FFD is vague or incomplete, the employee will be given
an opportunity to cure those deficiencies. This paragraph does not apply to Military
Caregiver Leave.
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1. Assuming an employee has not exhausted his or her FMLA Leave time, eligible
employees will return to their former position or its equivalent following a Leave.
2. Employees who do not return to work following Leave and who are not approved for
continued leave under any other policy will have voluntarily resigned their employment.
1. While on Leave, an employee may not engage in activities (including employment)
which have the same or similar requirements and essential functions as that of the
employee’s current position. Doing so is a voluntary resignation of employment.
2. An employee on Leave shall not engage in any activity that conflicts with the best
interests of the County. Such conduct will result in disciplinary action up to and
including termination of employment.
1. To the extent that state law may in the future provide a greater benefit than the FMLA,
the eligible employee will be entitled to the more generous benefit.
2. The County reserves the right to deny or restrict coverage to any employee who meets
the exclusionary requirements described under the under the Family and Medical Leave
Act of 1993.
3. The County reserves the right to interpret, amend, modify and administer this policy in
accordance with federal and state laws.
4. The County reserves the right to designate any qualifying time away from work as FMLA
leave, regardless of whether or not the employee has requested FMLA.
5. Where applicable, FMLA will run concurrently with worker’s compensation and/or other
types of leave for which the employee qualifies.
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ND State Law Provisions:
All employees of this State or political subdivision who:
1. Are members of the National Guard;
2. Are members of the Armed Forces Reserve of the United States of America;
3. Shall be subject to call in for Federal Service by the President of the United States; or
4. Shall volunteer for such service,
When ordered by proper authority to active non-civilian employment, employees shall be
entitled to a leave of absence from such civil service without loss of status or efficiency rating.
If such individuals have been in the continuous employ of the State or political subdivision
(Billings County) for ninety days immediately preceding the leave of absence, they shall receive
twenty workdays each calendar year without loss of pay. In addition, any leave of absence
necessary by a full or partial mobilization of the reserve and national guard forces of the United
States of America, or emergency state active duty, shall be without loss of pay for the first thirty
days thereof less any other paid leave of absence which may have been granted during the
calendar year pursuant to this section. However, if leave is required for weekend, daily or
hourly periods of drill for military training on a day in which an employee is scheduled to
perform their County work, the employee must be given the option of time off with a
concurrent loss of pay for the period missed or must be given an opportunity to reschedule the
work period so that the reserve or national guard weekend, daily or hourly drill or period of
training occurs during time off from work without loss of status or efficiency rating.
NDCC 37-01-25
The Uniformed Services Employment and Re-employment Rights Act (USERRA)
Employees returning from a military leave of absence shall be reinstated in accordance with the
law and County policy. To be eligible for reinstatement under this policy, the employee must
have been absent as a result to a call to duty in the United States uniformed forces on a
voluntary or involuntary basis under competent authorization (for example, was enlisted,
drafted, called to Active Duty from a reserve status) and meets the following requirements:
1. Has provided advance notice, either written or oral, of the need for the leave, unless
notice is unreasonable or impossible;
2. Has received an honorable discharge;
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3. Has taken a total of less than five years of military leave during the time of employment
with the County.
4. Has applied for reemployment or reported back to work in a timely manner, depending
on the length of the leave:
a. Less than 31 days: must report back to work not later than the first regular work
day following discharge and an eight-hour period allowing for safe
transportation from place of service to the employee’s residence.
b. More than 30 but less than 181 days: must reapply for employment within 14
days of discharge;
c. Over 180 days: must reapply for employment within 90 days of discharge.
Note: if ongoing medical treatment is necessary, the period for reinstatement may be longer
depending upon the treatment.
The right to return to a particular position depends on the length of the leave:
1. Less than 91 days: the position to which the employee would have been in had they
remained continuously employed.
2. Over 90 days: the position he/she would have been in had they remained continuously
employed, or a position with like seniority, status and pay.
For employees who are members of the national guard or reserves, there are no limits to the
amount of training time the employee may take during the year, regardless whether ordered to
do so or if the employee volunteers for such training.
The employee may not be penalized or treated adversely in any way for exercising this right.
A veteran, who is not otherwise eligible for reinstatement under this policy, may be considered
for employment with the County as any other similarly situated former employee.
Following a period of military service of 31 days or more, the returning employee must at the
County’s request, be able to provide documentation that establishes the length and type of
military leave, and timeliness of the application for re-employment as outlined above.
Reinstated veterans who have served the longest tour of active duty are to receive preference
in case of conflict in selection of jobs available.
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A reinstated veteran with more than 180 days continuous active military service may not be
discharged or demoted except for cause within one year after the date of reinstatement from
military leave.
A reinstated veteran with a period of active duty for training of more than 30 days may not be
discharged or demoted without cause within six months after the date of reinstatement from
military leave.
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The County will not discriminate against any employee who requests an excused absence for
medical disabilities associated with a pregnancy. Such leave requests will be made and
evaluated in accordance with the Family Medical Leave policy provisions outlined in this
handbook and in accordance with all applicable federal and state laws.
Requests for time off associated with pregnancy, adoption and/or childbirth (apart from
medical disabilities associated with these conditions) will be considered in the same manner as
any other request for an unpaid leave.
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The County encourages employees to fulfill their civic responsibilities by serving jury duty when
required. Employees in an eligible classification may request up to two weeks of paid jury duty
leave over any one year period. Jury duty pay will be calculated on the employee’s base pay
rate at the time served minus any jury duty paid by the court. Employee classifications that
qualify for paid jury duty leave:
Regular full-time employees
Regular part-time employees
If an employee is required to serve jury duty beyond the period of paid jury duty leave, he or
she may use any available paid time off (ex. Vacation) or may request an unpaid jury duty leave
of absence.
Employees must show the jury duty summons to their supervisor as soon as possible so that the
supervisor may make arrangements to accommodate the employee’s absence. Of course, the
employee is expected to report for work whenever the court schedule permits.
Insurance benefits will remain in effect and unchanged for the full term of the jury duty
absence. Accrual for benefits calculations, including vacation and sick leave will not be affected
during unpaid jury duty leave.
When an employee is summoned as a witness when the County is not a party to the action and
does not reimburse the employee for mileage, per diem and hotel, the employee may collect
witness fees from the proper party as stated above if the employee is not on duty or on
authorized leave.
When law enforcement personnel are called as witnesses in a criminal case as a result of
matters arising out of official duties, they are deemed as performing duties and services for the
County, and as such, shall not be subject to any loss of time or pay. If they receive
reimbursement for mileage, per diem and hotel from the County, they shall not collect witness
fees or mileage as a witness. Where witness duties are performed during off-duty time, the
employee may receive witness fees and mileage provided he or she is not reimbursed by the
County for the same. In all other instances, the policies governing other personnel shall prevail.
An employee who is personally interested in, or a party to, a criminal or civil action or who
voluntarily appears as a witness must charge his or her absence against earned annual leave or
take leave without pay.
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It shall be the policy of the County to provide County owned vehicles when the use of such is
fiscally possible and is required to facilitate the expedient operation of County business.
County officials who are required to respond to emergency related situations “day or night”
may be authorized to have a County vehicle at their disposal at all times and may house such
vehicle at their residence when off duty. This practice will be at the discretion of the
Department Head and the County Commission. Use of County owned vehicles are subject to
the following provisions:
1. Only County employees, elected officials, and authorized service individuals are allowed
to operate County owned vehicles.
2. County owned vehicles may not be used for personal use after hours.
3. Only individuals having a business relationship with Billings County are allowed to ride in
County owned vehicles.
4. All individuals in County vehicles are required to wear seat belts at all times.
5. Individuals driving County vehicles are prohibited from texting on cell phones while
operating the vehicle.
6. Smoking or tobacco use in County vehicles is prohibited.
Employees who are requested to use their personal vehicle to conduct official business shall be
authorized to submit a claim for mileage in accordance with County reimbursement policies.
Every County employee should be cognizant and protective of a positive image for Billings
County. The improper, careless, negligent, destructive, or unsafe use or operation of County
vehicles as well as excessive or avoidable traffic and parking violations, can result in disciplinary
action up to and including termination.
Use of Equipment
It shall be the policy of Billings County to provide necessary equipment, in proper and safe
working condition, to effectively perform the duties and tasks required by all departments.
1. It shall be the responsibility of all County employees to advise the immediate
supervisors whenever equipment is in such operating condition that it hinders their job
or subjects the employee to a safety hazard.
2. Personal use of County equipment, property and/or facilities shall not be permitted.
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3. No personal vehicles or property shall be serviced or stored in county-owned facilities.
4. Employees who use County equipment and/or facilities for personal use are subject to
disciplinary action.
This policy applies to all County employees, including elected and appointed.
All violations of traffic laws and fines levied as a result are the exclusive responsibility of the
employee. Employees are further required to report all moving violations to their supervisor,
whether on or off the job, within two weeks of receiving the citation. The driver’s license status
of all employees may be checked with the North Dakota Motor Vehicle Department annually.
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Billings County has established a policy regarding the access and disclosure of telephone
systems, conventional mail, electronic mail, Internet access, and authorized software and
hardware usage. All systems, including PC’s and laptop hardware, software and physical
storage components are property of Billings County. Billings County employees may use the
information systems and technology for business use in office administration, training and
other professionally related activities.
It is important for all employees to understand that Billings County is subject to the North
Dakota Open Records Law, and, as such, all accepted and unaccepted records, including
information contained within the computer system, are subject to disclosure upon request of
any citizen.
Conventional Mail and Telephone Systems
To assure effective telephone communications, employees should always use the approved
greeting and speak in a courteous manner. Please confirm information received from the
caller, and hang up only after the caller has done so. Employees may use the County telephone
system for personal communication provided that it is not excessive and does not interfere
with work activity. Employees shall reimburse Billings County for any charges resulting from
their personal use of the telephone. The use of County-paid postage for personal
correspondence is not permitted.
An employee who uses a county-issued cellular telephone is prohibited from using it, hands on
or hands off, while operating any vehicle or machinery that is in motion, whether the purpose
of its use is personal or related to official county duties, except for law enforcement and their
official duties. This prohibition includes receiving or placing calls, text messaging, accessing the
Internet, receiving or responding to e-mails, checking for voicemail messages, or any other
purpose related to employment. Use of county-owned vehicles or devices for personal business
is discouraged. Use of any privately owned, personal communication devices such as cellular
telephones, personal data assistants, or computers by county employees, is strictly prohibited
at any time during duty hours; unless during a meal period or a formally scheduled break from
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Computer Systems
Authorized Software and Hardware
Software that has been licensed by Billings County or that has been authorized to conduct
business is allowed on Billings County’s personal computers (PC’s) and servers. All software
purchases and installation must be preauthorized.
1. No software, including screen saver software, wallpaper or any other freeware,
shareware, demo software or games, which have not been purchased by the County,
are to be installed or downloaded on any computer without specific authorization.
2. Billings County reserves the right to audit any computers for unauthorized or unlicensed
software. Personal software (licensed or unlicensed) is not allowed for use on Billings
County computers or servers. Any unauthorized or unlicensed software will be removed
from the system. An individual may not:
a. Make unauthorized copies of any copyrighted software or data; duplicating and
distributing copies of software that is not proscribed in the license is illegal.
b. Make copies of the user manual as well as copying system diskettes is also illegal.
Distribute copies of sound recordings (e.g. MP3s) or an image, which is also
copyrighted, is illegal.
c. Make alterations to the software source code.
d. Provide use of the software in a multiple CPU or user arrangement to users who
are not individually licensed.
3. All hardware modifications and repairs must be approved and completed by an
authorized source.
4. Employees should take precautions to protect his/her User ID and password, including
screensaver passwords, as all employees are responsible for his/her workstations. All
passwords must be registered with each employee’s supervisor.
Virus Protection
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1. Computer viruses can cause potential major problems to hardware and software
systems, not only for individual users, but also for the entire computer system and
network. Virus protection software is available through the County, or network
administrator. All imported files and file attachments are required to be checked prior
to usage.
2. To prevent computer viruses from being transmitted, unauthorized downloading of
software, shareware, or freeware from the Internet and/or other sources is restricted,
unless authorized.
3. Intentionally creating or spreading of a computer virus is a serious violation of Billings
County’s policy and may be cause for disciplinary action, up to and including
Internet Usage
1. Internet access is available and provided by Billings County to employees for conducting
official business, such as researching business related issues, accessing business related
data, information and training.
2. Employees using Billings County’s Internet link are acting as representatives of the
County. As such, employees should act accordingly so as not to damage the reputation
of the County.
3. Employees are authorized to access the Internet for certain occasional and limited
personal use, as long as such use is not interfering with the employee’s assigned work,
work productivity and/or job performance.
4. Limited personal use is not to be used for any interest adverse to the County, must not
subject the County to any potential liability, does not violate any term of this Computer
usage policy, and does not involve any offensive or inappropriate material. Participation
in chat rooms, the introduction of viruses, or malicious tampering with any computer
system is expressly prohibited.
5. All software on the Internet should be considered copyrighted work. Therefore,
employees are prohibited from downloading software and/or modifying any such files
without permission from the copyright holder. Any authorized file or file attachments
must be scanned with virus detection software before installation and/or execution.
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6. Any infringing activity by an employee may be the responsibility of the County;
therefore the County may choose to hold the employee liable for his/her actions.
7. Misuse of Billings County’s Internet access during or after work hours is prohibited.
Viewing, printing, disseminating, or downloading web pages, electronic messages
and/or documents that are discriminatory, defamatory, insulting, romantic,
pornographic or breaches of confidentiality or violations of copyright are prohibited.
Misuse of the Internet will result in disciplinary action up to and including termination.
8. The County reserves the right to block any Internet site it may deem inappropriate.
E-Mail and Electronic Communications
1. E-mail, electronic communications and other similar messaging systems are intended for
business use and should be treated as any other business communication device.
Messages should routinely and regularly be cleaned or deleted from an employee’s
mailbox, so as not to overload the system with unnecessarily stored mediums.
2. Certain occasional and limited personal use of e-mail communication is permitted, but
such messages will be treated no differently from other messages, including use of
private e-mail accounts (i.e. Hotmail, Yahoo, etc.).
3. Personal use is not to be excessive and/or interfere with the assigned work duties, work
productivity and job performance. Personal use is subject to the discretion of the
Department Head or supervisor and will be based on the employee’s workload and job
4. E-mail is not a confidential medium and any message that is composed, sent or
received, may be public record and subject to public viewing under the North Dakota
Open Records Law.
5. All messages composed, sent or received on all electronic systems are, and will remain
the property of the County; all messages are subject to random monitoring.
6. Billings County may access e-mail messages within the County e-mail system of all
individuals covered by this policy, for any purpose not specifically prohibited by law.
7. Billings County reserves and intends to exercise the right to review, audit, intercept,
access and disclose all messages created, received, or sent over any electronic
communication system for any purpose.
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8. Inappropriate e-mail messages can give rise to claims of discrimination, harassment,
defamation and copyright infringement. Under no circumstances shall any employee
use the e-mail system for messages that are or could reasonably be considered
offensive to another. Among those which are considered offensive, are any message(s)
which contain sexual implications, racial slurs, gender-specific comments, or any other
comment that offensively addresses an individual’s age, sexual orientation, religious or
political beliefs, national origin or disability.
9. E-mail may not be used for the solicitation of funds, employee personal monetary gain,
or to support/advocate for non-county related business or purposes. Use of Billings
County’s e-mail system for personal business profit or nonprofit organizations of any
kind is prohibited. Charitable endeavors, such as the United Way, may be
communicated through electronic means provided they are endorsed and approved by
the County Commission.
10. The e-mail system and computers shall not be used to send (upload) or receive
(download) copyrighted materials, trade secrets, proprietary financial information, or
similar materials without prior authorization.
11. Use of e-mail to send or forward messages known as “chain letters” is prohibited.
User Id and Password
Log in to servers and applications may be controlled by the assignment of a user ID. A unique
user ID may be assigned to each user by Billings County. ID’s are not transferable. Access to all
servers or applications will be password protected. A password shall be unique to each user ID
and shall not be shared. A password is the responsibility of the user and shall be controlled by
the user. The disclosure of a password to any unauthorized person, including an employee’s
family members, is a violation of County policy that may subject an employee to disciplinary
action, up to and including termination of employment. Allowing any unauthorized person,
including family members, to use any electronic communications device purchased by Billings
County, or for which Billings County is providing or paying for service, may subject an employee
to disciplinary action, up to and including termination of employment.
This policy applies to all Billings County employees and other individuals who are provided
access to the Billings County communications and technology system. Every individual
understands that there should be no expectation of privacy of any kind related to usage of the
communications and computer system and that the total network is subject to monitoring.
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Abuse of the Billings County Communications policy and/or violation of state and federal law
will result in disciplinary action up to and including termination of employment.
Employees are given computers and Internet access to assist them in the performance of their
jobs. Employees should have no expectation of privacy in anything they create, store, send or
receive using the county's computer equipment. The computer network is the property of
Billings County and may be used only for County purposes.
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Employees are responsible for all property, materials, or written information issued to them or
in their possession or control. Employees must immediately return, on request, all property of
the County that is in their possession or control in the event of termination of employment,
resignation, or reduction in force. Legal action will be taken as permitted by law against
individuals for unreturned property.
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Billings County respects the right of employees to use social media tools as a means of personal
self-expression and as a means to further the organization’s interests. It is important that
employees be aware of the implications of engaging in social media and online
communications. When using Social Media:
Adhere to the County Technology, Internet and Email Policy.
Do not post confidential or proprietary information about the organization, our staff
members, elected officials, clients or business partners. It is important to protect this
The County logo or other organizational images may not be used on personal social
media sites without permission from the County Commission or their designee. The
County’s name may not be used to promote a personal cause, product, political party or
County computers and time on the job are reserved for organizational business as
approved by management and in accordance with the Technology, Internet, Email and
other work related information policies.
Be respectful to the organization, other staff members, elected officials, vendors and
business partners.
If you come across positive or negative remarks about the County or County related
services that you believe are important, please forward this information to your
supervisor or the HR Coordinator.
Be conscious of mixing your business and personal lives. The internet is immediate and
nothing posted is ever truly private, nor does it expire. Online, your personal and
business personas are likely to intersect. The organization respects the free speech
rights of its staff members, but asks you to remember that other organizations,
colleagues, and business partners may have access to the online content you post.
Employees are responsible for their own actions. Recognize that you are legally liable
for anything you post online. Understand that anything you post that can potentially
tarnish the County’s image will ultimately be your responsibility. Be aware that your
actions captured via posts, images or comments may reflect upon the County. While
the organization does not discourage your participation in social media space, we urge
you to do so properly, exercising sound judgment, common sense and good taste.
The County reserves the right to monitor content on the Internet. Staff members who violate
this policy may be subject to disciplinary action, up to and including termination.
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In order to preserve the safety, security and productivity of the workplace, solicitation and
distribution is strictly regulated and limited as described within this policy.
The objective of this policy is to provide guidelines for all associates to ensure the continued
productivity and efficiency of the County while allowing charitable support and good
community relations.
Employee Guidelines:
1. Solicitation and distribution by employees is prohibited at all times during working time.
This rule applies to all workplace solicitation or distribution, whether charitable (e.g.
American Cancer Society), educational (e.g. school car washes, Girl Scout cookies),
fraternal (e.g. Elks, Lions, unions), commercial (e.g. Tupperware), or any other kind of
solicitation or distribution.
2. For purposes of this policy, “working time” is defined as all hours between an
employee’s scheduled start and stop times, except authorized breaks and lunch periods
or other time when the employee is relieved of work duties.
3. Employees may not engage in distribution in the working areas of the business.
“Working areas” includes, but is not limited to, all general office and operational areas
where business is conducted which normally only excludes the break room, parking lots,
and other non-working areas of the facility.
4. The use of the County’s communications systems (email, phone, fax, etc.) for solicitation
or distribution is prohibited.
5. The only exceptions to the above rules are for employee solicitations for County
sponsored charitable events, such as the United Way.
1. Solicitation and/or distribution by non-employees on County property is prohibited at all
2. The County Commission may approve solicitation and/or distribution by charitable
community organizations from time to time, provided that such activities are non-
disruptive and contribute to the County’s image or goodwill interests.
Individuals who have questions regarding this policy should contact their Department Head.
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Employees have an obligation to conduct business within guidelines that prohibit actual or
potential conflicts of interest. The purpose of these guidelines is to provide general direction so
that employees can seek further clarification on issues related to the subject of acceptable
standards of operation. Below are behaviors prohibited by the Conflict of Interest Policy:
Transactions with outside firms must be conducted within a framework established and
controlled by the County Commissioners. Business dealings with outside firms should not result
in unusual gains for those firms. Unusual gain refers to bribes, product bonuses, special fringe
benefits, unusual price breaks, and other windfalls designed to ultimately benefit the County,
the employee or both. Promotional plans that could be interpreted to involve unusual gain
require specific executive-level approval.
An actual or potential conflict of interest occurs when an employee is in a position to influence
a decision that may result in a personal gain for that employee or for a relative as a result of
this organization’s business dealings. For the purposes of this policy, a relative is any person
who is related by blood or marriage, or whose relationship with the employee is similar to that
of persons who are related by blood or marriage. It is imperative that employees disclose any
relationship to an appropriate official of the organization as soon as possible. Personal gain by
an employee or relative in the form of kickbacks, bribes, substantial gift or special consideration
as a result of business transactions with Billings County is prohibited.
No “presumption of guilt” is created by the mere existence of a relationship with outside firms.
However, if an employee has any influence or transactions involving purchases, contracts, or
leases, it is imperative that he or she discloses to the County Commissioners as soon as possible
the existence of any actual or potential conflict of interest so that safeguards can be established
to protect all parties.
A Billings County employee may not hold any position, or serve on any board in where such
interest, or position, would conflict with the duties assigned to that individual and/or that
individual’s office either by constitution or statute.
An employee of the County shall not receive remuneration in any form from an individual,
business, corporation, or any other entity for services rendered while acting as an employee or
agent of the County unless permitted by state law.
An employee of the County may hold outside employment unless precluded by statute.
Outside employment should not create a conflict of interest with constitutional duties,
statutory duties and/or the performance level assigned to the individual or the individual’s
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In general, County positions shall be considered the primary employer with outside
employment considered as secondary. The Department Head shall be made aware of
secondary employment by the employee and confirm that a conflict of interest does not exist.
An employee engaged in political activity as defined in NDCC 39-01-04, may have a potential
conflict of interest and should explain the duties and responsibilities to the Department Head to
determine if conflict of interest exists. The employee will be required to take annual leave for
any time taken during normal working hours to carry on such political activity.
The materials, products, designs, plans, ideas and data of this organization are the property of
the County and should never be given to an outside firm or individual except through normal
channels and with appropriate authorization. Any improper transfer of material or disclosure of
information, even though it is not apparent that an employee has personally gained by such
action, constitutes unacceptable conduct. Any employee who participates in such a practice will
be subject to disciplinary action, up to and including possible discharge.
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Department heads are governed by the North Dakota Century Code §11-10-25: "Nepotism by
County Officials is restricted. No head of any executive or administrative department or
agency, either elected or appointed, of any County in State, may appoint his or her spouse, son,
daughter, brother, or sister to any position under the control or direction of that official, unless
the appointment has been previously approved by resolution of the Board of County
The policy of Billings County is as follows:
1. A member of an employee's immediate family will be considered for employment by the
County provided the applicant possesses all the qualifications for employment. An
immediate family member may not be hired, however, if such employment would:
A. Create either a direct or indirect supervisor/subordinate relationship with a
family member; or
B. Create either an actual conflict of interest or the appearance of a conflict of
These criteria will also be considered when assigning, transferring, or promoting an employee.
For purposes of this policy, Billings County defines “immediate family” as the employee’s
spouse, parent (natural, adoptive, foster, or stepparent), child (natural, adoptive, foster, or
stepchild), sibling; the employee’s spouse’s parent, child, or sibling; the employee’s child’s
spouse; grandparents or grandchildren; or a person whose relationship is considered that of a
“significant other.”
2. Employees who marry or become members of the same household may continue
employment as long as there is not:
A. A direct or indirect supervisor/subordinate relationship between such
employees; or
B. An actual conflict of interest or the appearance of a conflict of interest
Should one of the above situations occur, the County will attempt to find a suitable position
within the County to which one of the affected employees may transfer. If accommodations of
this nature are not feasible, the employees will be permitted to determine which of them will
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Statement of Philosophy: It is the policy of Billings County to provide a positive work
environment that is free of discrimination and all forms of harassment. This policy is a measure
to ensure that all employees will enjoy a safe work place free from unreasonable interference,
intimidation, hostility, or offensive behavior on the part of the commissioners, department
heads, supervisors, co-workers, vendors, business partners or visitors. All employees are
responsible for compliance with this guideline, as Billings County will not tolerate unlawful
discrimination or harassment.
1. It is the County policy that sexual and other unlawful harassment of its employees in any
form is prohibited and that all employees shall be treated with respect. Actions, words,
jokes, or comments based on an individual’s sex, race, ethnicity, age, disability, religion,
sexual orientation or any other legally protected characteristic shall not be tolerated.
2. Employees have the right to work in an environment that is free of conduct that can be
considered sexually harassing or abusive. Any employee who engages in, or who
perpetuates or condones sexual or other unlawful harassment shall be subject to
disciplinary action, up to and including dismissal.
3. Billings County, in recognizing its obligation to maintain a place of employment that is
free of harassing, abusive or disruptive conduct, shall take positive and prompt
corrective action where necessary in accordance with this policy.
Unlawful harassment is defined as verbal or physical behavior which relates to an individual’s
race, color, national origin, religion, gender, age, sexual orientation and/or disability when such
conduct has the purpose or effect of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile or offensive work environment.
Workplace harassment is defined as any unwelcome conduct, whether verbal, physical, visual,
or innuendos that are derogatory, abusive, disparaging, bullying, threatening or disrespectful
types of behavior, even if unrelated to a legally protected status; when such conduct has the
purpose or effect of unreasonably interfering with an individual’s work performance or creating
an intimidating, hostile or offensive work environment.
Sexual harassment is defined as any verbal or physical conduct of a sexual nature such as, but
not limited to, sex-oriented remarks or jokes, pressures or demands for sexual favors, implied
or overt promises or threats, or any unwelcome conduct with sexual or demeaning overtones
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Submission to or rejection of such conduct is made, explicitly or implicitly, as a term or
condition of employment or advancement.
Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creates an intimidating, hostile, or sexually offensive working
Unacceptable Conduct Defined: Sexual harassment is a serious offense and is a form of
employee misconduct. Sexual harassment does not refer to the occasional non-sexual
compliment, but to behavior of a sexual nature that is not welcome, is personally offensive and
impairs an employee’s work effectiveness or is behavior that creates an intimidating, hostile or
offensive work environment.
The following are types of conduct and examples or harassment, which are prohibited. These
examples do not necessarily represent all ways in which sexual or workplace harassment may
occur and are not intended to limit the definition of sexual harassment.
1. Verbal comments and gestures of a sexual nature including any suggestive remarks,
pictures, jokes and catcalls.
2. Explicit or implicit promises of career advancement or preferential treatment in return
for sexual favors. Such promises or preferential treatment may include but are not
limited to: hiring, promotion, training opportunities, work schedule, leave approval,
performance evaluations and pay increases.
3. Explicit or implicit threats that an employee shall be adversely affected if sexual
demands are rejected. Such threats include but are not limited to: lower performance
evaluations, denial of promotions, punitive transfers, terminations and
altered/increased work assignments.
4. Unsolicited and repeated touching of any kind including: touching, patting or pinching of
another person, or repetitive brushing against a person’s body.
5. Derogatory remarks about a person’s national origin, race, language, accent; disparaging
or disrespectful comments.
6. Use of computers, cell phones or other electronic devices to send messages of
intimidation or sexual innuendos.
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Responsibilities of Employees, Elected Officials, Department Heads and Supervisors:
1. All employees have a responsibility to conduct themselves in a manner, which ensures
the proper performance of their job responsibilities and maintains the public’s
confidence. Employees who experience or witness any type of sexual, workplace or
unlawful harassment should follow the steps outlined in the Complaint process to assist
in maintaining a workplace environment free of sexual, workplace or unlawful
2. Department Heads and other department supervisors have a responsibility to act
immediately and take corrective action when they observe behavior that violates this
policy. All management representatives must recognize the seriousness and sensitive
nature of any sexual, workplace or unlawful harassment complaint brought to their
attention and need to follow the procedures outlined in this policy to assist in
maintaining a workplace environment free of unlawful discrimination or harassment.
Complaint Procedures
An employee who feels that he/she has been subject to workplace harassment, sexually
harassed or has witnessed harassment has several avenues of reporting the behavior and is
encouraged to use the County procedure to resolve any sexual or other unlawful harassment.
If unreported, the County is severely limited in maintaining a workplace free of sexual or other
unlawful workplace harassment. Employees are not required to deal directly with an offending
individual(s) in seeking resolution.
1. An employee who feels that he/she has been subject to sexual, unlawful or workplace
harassment should clearly state to the individual that his/her behavior is offensive to
2. If you are unable to confront your alleged offender or the behavior persists after
confronting the alleged offender; go to your immediate supervisor who shall
immediately notify the Department Head.
3. If the immediate supervisor is involved in the alleged harassment, the incident should be
reported directly to the Department Head and/or the Board of Billings County
4. If the complaint involves the Department Head, the incident should be reported directly
to the Board of Commissioners.
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5. If the complaint involves a member of the Board of Commissioners, the incident should
be reported directly to the State’s Attorney.
6. The Board of Commissioners will assign a committee or designate an appropriate
individual to conduct an investigation in a fair, prompt and complete manner.
Protection against Retaliation and Reprisal
It is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for
cooperating in an investigation of a complaint for sexual harassment. Billings County will not
tolerate reprisal against an individual who in good faith, reports or provides information in an
investigation about behavior that may violate this policy. Intentionally providing false
information however is grounds for dismissal.
An employee who is found to have engaged in sexual, workplace or unlawful harassment or
retaliation, or who is found to have knowingly condoned, encouraged, or perpetuated an act or
acts of sexual, workplace or unlawful harassment or retaliation, shall be subject to disciplinary
action; including but not limited to, suspension, loss of salary increment, demotion and
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The County is committed to preventing workplace violence and to maintaining a safe work
environment. Given the increasing violence in society in general, the County has adopted the
following guidelines to deal with intimidation, harassment, or other threats of (or actual)
violence that may occur during business hours or on its premises.
Prohibited Conduct:
All employees, customers, vendors and business associates, should be treated with courtesy
and respect at all times. Employees are expected to refrain from fighting, “horseplay”, or other
conduct that may be dangerous to others. Firearms, weapons, and other dangerous or
hazardous devices or substances are prohibited from the premises of the County without
proper authorization. Conduct that threatens, intimidates, or coerces another employee,
customer, vendor or business associate will not be tolerated. Billings County resources may not
be used to threaten, stalk or harass anyone at or outside the workplace. Billings County treats
threats coming from an abusive personal relationship as it does other forms of violence.
All threats of (or actual) violence, both direct and indirect, should be reported as soon as
possible to your immediate supervisor or any other member of management. This includes
threats by employees, as well as threats by customers, vendors, solicitors, or other members of
the public.
When reporting a threat of violence, you should be as specific and detailed as possible.
All suspicious individuals or activities should also be reported as soon as possible to a
supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance near
your workstation, do not try to intercede or see what is happening.
Employees will promptly inform their supervisor or Department Head of any protective or
restraining order that they have obtained that lists the workplace as a protected area.
Employees are encouraged to report safety concerns with regard to intimate partner violence.
Billings County will not retaliate against employees making good faith reports. The County is
committed to supporting victims of intimate partner violence by providing referrals to
appropriate community resources and providing time off for reasons related to intimate
partner violence.
Investigations and Enforcement
The County will promptly and thoroughly investigate all reports of threats of (or actual) violence
and of suspicious individuals or activities. The identity of the individual making a report will be
protected as much as possible. In order to maintain workplace safety and the integrity of its
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investigation, the County may suspend employees, either with or without pay, pending
investigation. Billings County reserves the right to search employee lockers/storage areas,
immediate work areas, and personal belongings.
Anyone determined to be responsible for threats of (or actual) violence or other conduct that is
in violation of these guidelines will be subject to prompt disciplinary action up to and including
termination of employment.
The County encourages employees to bring their allegations of workplace violence with other
employees to the attention of their supervisors or to the Chairman of the County Commission if
the supervisor is the alleged perpetrator before the situation escalates into potential violence.
The County is eager to assist in the resolution of employee disputes, and will not discipline
employees for raising such concerns.
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Establishment and maintenance of a safe work environment is the shared responsibility of the
County and its employees from all levels of the organization. The County will attempt to take
reasonable steps to assure a safe environment and compliance with federal, state, and local
safety regulations. Employees are expected to obey safety rules and to exercise caution in all
their work activities. They are asked to immediately report any unsafe conditions to their
supervisor. Not only supervisors, but employees at all levels of the County are expected to
correct unsafe conditions as promptly as possible.
All accidents that result in injury must be reported immediately to the appropriate supervisor,
regardless of how insignificant the injury may appear. Such reports are necessary to comply
with laws and initiate insurance and workers' compensation procedures.
To assist in the effort to provide the safest possible work environment for employees,
customers, and visitors, the County has appointed a Safety Coordinator. The Coordinator is to
help communicate and execute an effective safety program, and may be consulted by any
General Safety Rules
These General Safety Rules are considered minimum safety standards for usual work conditions
and shall be adhered to by all who enter the specific job location. The following written
General Safety Rules shall be posted in a conspicuous manner at fixed work sites and where
possible in remote mobile locations. All individuals and officials shall adhere to the following:
1. Report injuries, near misses, accidents, or unsafe acts immediately to the Risk Manager
and Department Head or Supervisor.
2. Employees are required to attend all job related and safety training to ensure that all
work is performed in a safe and efficient manner along with heightened awareness.
3. Report dangerous situations encountered or faulty equipment immediately to the Risk
Manager and your Supervisor.
4. Understand the proper usage of available safety equipment (fire extinguishers, first aid
kits, related tools, personal protective equipment).
5. Make observations, recognize and make recommendations to the Risk Manager and
Supervisor for work place modifications or safety equipment to eliminate safety
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6. Use proper lifting techniques, i.e. bend knees and keep back straight, lift with weight
close to the body and do not twist while lifting. Use mechanical devices when available
to assist in lifting.
7. Horseplay in the workplace is prohibited.
8. Employees shall wear seat belts when driving or riding in County owned vehicles or
vehicles owned and operated by other organizations conducting County business.
9. Personal protective equipment appropriate for the job will be worn at all times and
employees are required to follow safe operating procedures for their respective
10. Maintain clean worksites at all times.
Department Heads and Supervisors are directly responsible for the education and participation
of all employees under their direction for safety rules and procedures. Compliance of safety
tasks, corrective measures taken in the prevention of accidents, and elimination of hazards in
the workplace is the responsibility of everyone. Supervisors will not compromise safety for any
reason and will halt any activity which may create a dangerous situation. Employees have the
right to stop any work that clearly violates safe operating procedures.
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The County provides a comprehensive workers’ compensation insurance program at no cost to
employees. This program covers any injury or illness sustained in the course of employment, as
defined by law, that requires medical, surgical or hospital treatment. Subject to applicable legal
requirements, workers’ compensation insurance provides benefits after a short waiting period
or, if the employee is hospitalized, immediately.
Any employee, who sustains a work-related injury or illness, as defined by law, should inform
his or her supervisor and the Risk Manager immediately. No matter how minor an on-the-job
injury may appear, it is important that it be reported immediately. This will enable an eligible
employee to qualify for coverage as quickly as possible.
No workerscompensation coverage will be provided anytime an employee leaves the premises
during the course of the workday to conduct personal business.
Employee Responsibilities
1. Injuries on the job are a serious matter regardless of how large or small the scope of
medical treatment required to treat the condition. It is the responsibility of every
employee to report all work-related injuries and accidents to their immediate supervisor
and Risk Manager. If necessary, medical first aid must be administered immediately and
without delay.
2. An incident is a situation where an employee has an injury, accident or exposure and
does not feel the need to seek medical attention. Under these circumstances it is
critically important that an employee contact the Risk Manager immediately to ensure
the incident is properly reported to Workforce Safety and Insurance (WSI) within 24
hours. If medical attention is required at a later date, the employee is required to
contact the Risk Manager prior to scheduling a medical appointment. Failure to report
an incident or injury within 24 hours of its occurrence may result in denial of the claim.
Claims Management
Employees must contact their supervisor and Risk Manager immediately to notify them that an
injury or incident has occurred. The Risk Manager will assist the employee in completing a First
Report of Injury Form (FROI) in order to meet the mandatory 24 hour reporting requirement
established by WSI. The Risk Manager will work closely with the injured employee and the
medical providers to assess the extent of the injury and help establish a return to work solution
as required.
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Return to Work
The Billings County Risk Management Program is designed to protect all employees from
occupational injuries and illnesses but accidents may sometimes occur. When an injury takes
place, the County will make every effort to ensure that the injured worker receives
prompt/quality medical care and all statutory benefits accorded to them by WSI.
In order to assist an employee in the recovery process Billings County may utilize a Transitional
Work Program with the objective to help an employee recover from their injury as soon as
possible. The program provides temporary, transitional work for employees who, as a result of
an injury or illness arising out of and in the course of employment, are unable to perform their
regular job duties due to physical limitations.
The success of the Transitional Work Program depends on the cooperation and participation of
the employee, the County representative and the medical community. The County will make
every effort to develop return-to-work solutions that will help an injured worker remain
productive and financially secure. Employees must participate in the program if they have
sustained an occupational injury or illness which, according to the medical community,
temporarily precludes them from performing their regular job. If an employee chooses not to
accept a transitional work assignment, it could affect his/her workers compensation benefits.
The County will communicate with the injured employee and WSI representatives to ensure
that every effort is made to return disabled employees safely to productivity at the earliest time
An employee, who is injured in the course of employment and cannot participate in the
Transitional Work Program, may elect to use accumulated sick leave while receiving WSI
benefits, however, the combination of benefits shall not exceed the employee’s base salary.
The employee will be paid by their department. The benefits received by WSI while the
employee is on sick leave shall be paid to the County. However, the employee’s sick leave shall
be charged only that percentage of hours which corresponds to the percentage of salary that
his department shall pay. Upon using accrued leave benefits, employees will be placed on leave
without pay for the remainder of the recovery period on the basis of State and Federal Laws.
Volunteers are covered under separate organizational policies.
Please contact the Billings County Risk Manager for information or forms.
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In keeping with the County's intent to provide a safe and healthful work environment, smoking
in the work place is prohibited throughout the County Courthouse and all County shops
including ALL County buildings, equipment and vehicles. The policy applies equally to all
employees, customers and visitors.
In addition to this policy and in accordance with N.D.C.C. §23-12-10 subsection 2:
Smoking is prohibited within twenty (20) feet [6.10 meters] of entrances, exits, operable
windows, air intakes, and ventilation systems of enclosed areas in which smoking is
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Drug and alcohol use is highly detrimental to the safety and productivity of employees in the
work place. No employee may be under the influence of any illicit drug or alcohol while in the
work place, while on duty, or while operating a vehicle or equipment owned or leased by the
Possessing, distributing, transferring, purchasing, selling, using, or being under the influence of
alcoholic beverages or illegal drugs while on the County's property, while attending business-
related activities, while on duty, or while operating a vehicle or machine leased or owned by
the County may also lead to disciplinary action, including suspension without pay or
In accordance with the Federal Drug-Free Workplace Act, Billings County has established the
following guidelines to maintain a safe and productive work environment for all employees by
preventing accidents or other dangerous incidents that may result from drug and/or alcohol
Illegal drugs in the workplace are a danger to us all. They impair safety and health, promote
crime, lower productivity and quality, and undermine public confidence in the work we do. We
will not tolerate the illegal use of drugs here, and now by law, we cannot. Under the
federal Drug-Free Workplace Act, in order for the County to be considered a
"responsible source" for the award of federal contracts, we have developed the following
Effective immediately, any location at which the County's business is conducted, whether at
this or any other site is declared to be a drug-free workplace. This means:
Employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing
or using controlled substances on any work site of Billings County. No employee will be allowed
to perform job duties when impaired or under the influence of mind altering drugs, illegal drugs
and/or alcohol during work hours. An employee violating this policy is subject to disciplinary
action, up to and including termination, for a first offense. Controlled substances can include,
but are not limited to:
Cannabis (marijuana, hashish)
Stimulants (cocaine, amphetamines, "speed", etc.)
Depressants (tranquilizers)
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Narcotics (heroin, morphine, opioids, etc.)
Hallucinogens (LSD, PCP, "designer drugs", etc.)
Misuse of prescription drugs
Testing for drugs and alcohol of all employees will be conducted as a pre-employment
condition with the County.
Random Testing will be conducted for all employees.
Testing for drugs and alcohol of any employee will be conducted when a supervisor has
reasonable suspicion an employee is violating the policy.
Testing will be conducted on any employee involved in a motor vehicle accident using a
County vehicle or using a personal vehicle while driving for County business, when
County liability could be affected.
Employees must be tested for alcohol and controlled substances within two hours.
If the test is not administered within two (2) hours, the supervisor must file a
report with the County Risk Manager stating why it was not done.
Employees must submit police reports with any necessary accident/crash reports to
their supervisor.
Employees requiring drug or alcohol testing because of a motor vehicle accident/crash
or determination of probable cause will be transported to and from the testing site by
the County Risk Manager or their designee. Under no circumstances will the employee
provide their own transportation.
Should the results of the drug or alcohol test be positive, a confirmation test will be
conducted. Once the test is verified as positive, the employee may not return to work
until directed by Billings County.
Any employee's refusal to be tested may be considered cause for dismissal. If an
employee receives a positive test, the employee will immediately be suspended.
Following this suspension, Billings County will conduct an investigation to review the
employee's past record of performance and appropriate action will be taken. Employees shall
notify their supervisor or the County Risk Manager or their designee, any criminal charge or
conviction of drug and/or alcohol violations within five days of the occurrence. Failure to do so
may result in disciplinary action, up to and including termination. Employees are hereby
notified that compliance with this policy is a condition of employment and failure to comply
with this policy could result in disciplinary action, up to and including termination.
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The legal use of prescribed drugs is permitted during work time only if it does not impair an
employee's ability to perform the essential functions of their job and in a safe manner that does
not endanger themselves or other individuals. Employees must notify their supervisor if they
are prescribed drugs that may impair their ability to perform any duties so that appropriate
accommodations may be made or time off of work be addressed
Employees have the right to know the dangers of drug abuse in the workplace, the County's
policy about them, and what help is available to combat drug problems. This document spells
out the County's policy. We will institute an education program for all employees on the
dangers of drug abuse in the workplace. To assist employees in overcoming drug abuse
problems, the County may offer the following help:
Medical benefits for substance-abuse treatment
Information about community resources for assessment and treatment
Counseling program
Employee assistance program
The County reserves the right to offer employees convicted of violating a criminal drug statute
in the workplace participation in an approved rehabilitation or drug abuse assistance program
as an alternative to discipline. If such a program is offered, and accepted by the employee, then
the employee must satisfactorily participate in the program as a condition of continued
(This policy applies to all of our employees and parallels DOT/Motor Carrier’s Administration
and FTA regulations and guidelines.)
Illegal drugs and alcohol in the workplace and on the road are a danger to those who use them,
to those who work around users and to our clients and the public in general. They impair safety
and health, promote crime, lower productivity and quality and undermine public confidence in
our service. The County will not tolerate the use of illegal drugs by any employee.
We feel, in general agreement with the Department of Transportation, that drug and alcohol
testing and sanctions for use will help discourage substance use and reduce absenteeism,
accidents, health care costs, and other drug-related problems. It will act as a deterrent to those
individuals who might be tempted to try drugs for the first time or who currently use drugs and
alcohol. Finally, drug and alcohol testing will protect the health and safety of the employees,
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through the early identification and referral for treatment of workers with drug use and alcohol
The County has developed, in agreement with regulations issued by the Department of
Transportation and the Federal Motor Carrier's Administration under authority of Congress
via the Omnibus Transportation Employee Testing Act of 1991(0TETA), the following policy for
our employees:
Effective immediately, no employee either an employee or a contract employee with the
County shall be on duty if the employee uses, or tests positive for, any controlled substance,
including alcohol. Any employee testing positive for alcohol at any level will be considered
medically unfit to work, and will be suspended without pay, until such time as they perform a
return to duty test and test negatively and for a period of not less than twenty-four (24) hours.
Any employee testing positive for the specific agents described in the Drug and Alcohol Policy,
or alcohol at any level, will be considered to have failed the test and be medically unfit to
work. A person who refuses to submit to testing shall not be permitted to work since such a
refusal shall be considered to be a positive test.
Employees will be asked to undergo testing for alcohol and on five groups of drugs:
Amphetamines, Opiates, Phencyclidine, Cocaine, and Marijuana. These are the drug groups
specifically targeted by the FTA and DOT/Federal Motor Carrier's Administration for testing
purposes. The County will pay the costs of the pre-employment drug testing, and post-accident,
reasonable cause and random drug and alcohol tests. Any employee of the County whose
employment is terminated, for any reason, prior to the completion of their first ninety
calendar days of employment, shall be responsible for reimbursing the County all for costs
associated with that employee's drug and/or alcohol testing incurred by the County to that
All employees will be directed to undergo random testing for alcohol and on five groups of
drugs: Amphetamines, Opiates, Phencyclidine, Cocaine and Marijuana. Testing will occur at
various periods of time. All candidates for hiring will be required to participate in drug testing as
a pre-qualification test prior to employment. No candidate for hiring with a positive drug test
will be employed. A qualified supervisor can institute a drug or alcohol test on the grounds of
reasonable cause or suspicion of drug or alcohol usage. A random testing program will also be
utilized in two separate "pools". The first "pool" is employees who hold a CDL. 50% of the
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employees who hold a CDL or who are in a safety sensitive position are tested randomly per
year for drugs and 10% are tested randomly for alcohol per year. The second "pool" of
employees is all other County employees and 50% will be tested randomly per year for drugs
and 10% for alcohol per year. Following an accident while on the job, the employee may be
asked to undergo testing.
The testing procedure will be carried out so as to protect individual privacy, ensure
accountability and integrity of the specimens, confirm any positive screening test, regulate the
testing laboratory, protect confidentiality, and be nondiscriminatory to the individual. A person
testing positive will be informed of the results of the test and the alcohol or drug found
positive. All other drug reporting will be conducted as per the Medical Review Officer, M.R.O.,
who is responsible for their interpretation amid retention.
Qualified supervisors will attend the required 2 hour reasonable cause/suspicion training.
MEDICAL REVIEW OFFICER (MRO) means a licensed doctor of medicine or osteopathy with the
knowledge of drug abuse disorders that is employed or used by a motor carrier to conduct drug
This policy will be enforced and applied under the authority of the relevant laws of the United
States and the State of North Dakota and any relevant regulations issued by the agencies of the
Federal Government.
The County recognizes that employees may wish to seek professional assistance in overcoming
drug or alcohol problems. Please contact the Risk Manager or designee for more information
about the benefits potentially available under the employee medical benefit plans and any
possible referral sources.
Employees who voluntarily admit to having drug or alcohol problems that have not resulted in
disciplinary action may be eligible for unpaid time off to participate in a rehabilitation program.
Such a leave will be granted if the employee abstains from use of the problem substance while
on leave, abides by all the County's policies, rules, and prohibitions relating to conduct in the
work place, and if the County suffers no "undue hardship" as a consequence of granting the
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Statement of Philosophy: The purpose of an internal grievance policy and procedure is to
provide a fair and effective way to resolve work-related problems between management and
employees by using a series of interactive and progressive steps.
Scope: This policy applies to the County Commission and all departments and employees of
Billings County. Social Service employees are covered by the North Dakota merit system and
where appropriate will refer to the internal grievance policy for Social Services.
Employees may grieve an employer action of demotion, dismissal, suspension without pay,
reduction-in-force, or discrimination in employment. The employee must begin the procedure
within five (5) working days from the date of notice of the employer action. In the case of
reprisal, the employee must begin the grievance procedure within five (5) working days from
the date of the reprisal action. Failure to begin the procedure within the time limits forfeits the
right to appeal. The Department Head may extend the time limits based on good cause for the
1. Step I. The employee must submit his/her grievance in writing and shall meet with their
Department Head in an attempt to resolve the grievance within five (5) working days
after the grievance occurred.
If a mutual agreement is reached, both the employee and Department Head will
acknowledge this in writing.
If a mutual agreement is not reached at this level both the employee and
Department Head will acknowledge this in writing and within ten (10) working
days the grievant may forward the grievance to the Board of Billings County
Commissioners at their next regularly scheduled meeting. In the case of Social
Service employees, the grievant is encouraged to use the Billings County
Grievance process; however there are no requirements to do so before utilizing
the State Merit System grievance procedure. Social Service employees who
cannot resolve the grievance at the county level may forward their grievance to
the Civil Rights Officer in the North Dakota Department of Human Services.
2. Step II. Upon receipt of the grievance, the Board of Billings County Commissioners shall
appoint a representative(s) to meet with the grievant and/or the employee
representative. Once designated, by the County Commission, the appointed
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representative(s) will meet with the grievant and/or the employee representative within
ten (10) working days.
If a mutual agreement is reached, the terms of that resolution shall be written on
or attached to the grievance and shall be signed by all parties.
If no agreement is reached, the employee may request in writing that the
grievance be forwarded on to the Board of County Commissioners within fifteen
(15) working days.
3. Step III. The Board of County Commissioners may elect to hear the grievance or to
contract a hearing officer or other appropriate venue to hear the grievance. Once the
Board of Commissioners has made an initial determination, the employee shall be
notified in writing of the method, time and place of a hearing.
If the Board determines to hear the grievance, they will establish the terms for
hearing the grievance, either by requesting all parties to submit information in
writing, verbally or combine options.
Once the Board has either heard the grievance or received a recommendation
from a contracted source, the Board will then make the final decision. The
Board’s decision will be final and will be provided to the employee in writing
within fifteen (15) working days after making a determination.
Employee Eligibility: The following employees may file a grievance:
1. Regular full time employees
2. Regular part time employees
3. Introductory employees may grieve issues of discrimination
4. Group grievances reflecting a similar or common complaint will be accepted and
processed as a single grievance.
Non-grievable Items:
1. Issues that are pending or have been concluded by direct appeal to the County
Commission or through other administrative or judicial procedures.
2. Relocation or transfer of an employee within the department that results in no change
of pay, benefits, and/or classification.
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3. Temporary work assignments.
4. Budget and organizational structure, including the number of assigned employees
within any organizational unit.
5. The manner and method of performing work assignments, including performance
evaluations, unless in the case of discrimination.
6. Benefits.
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With respect to law enforcement officers, those provisions which apply to possession of
firearms, illegal drugs, alcohol, explosives, or other dangerous materials shall not apply to law
enforcement officers in the line of their duty, and it is also recognized that it is possible that law
enforcement officers may have to simulate use of alcohol or narcotics in the line of duty and
restrictions of use when in the line of duty shall not violate this policy.
With respect to the Clerk of Court’s office, those provisions which apply to possession of
firearms, illegal drugs, alcohol, explosives, or other dangerous materials shall not apply to the
Clerk or his/her designated agents, when any of these items are in his/her possession for the
purpose of trials or court proceedings, or kept thereafter as exhibits.
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I understand that an employee annual review of the Billings County Policy Manual is part of the
annual independent audit required by the State of North Dakota.
I acknowledge that I have reviewed the copy of the Billings County Non-Social Services
Employees Employee Policy Manual I received upon employment, as well as any updated pages
provided, and that I have read and understand its provisions.
I understand that the employee manual describes important information about my
employment with the County and that I should consult my supervisor about any questions that I
may have that are not answered in the manual.
I understand that the manual is compiled for informational purposes only. I understand that the
manual is not a contract of employment and is not intended to create or imply a contract for
employment or for the provisions of any employee benefit between the County and me.
I am an at-will employee and that either the County or I may terminate the employment
relationship at any time, with or without notice, for any reason not prohibited by law.
I understand that the County reserves the right to change, suspend, or eliminate any or all
matters contained in the manual and all other policies, rules, and procedures at any time,
without prior notice and without my consent.
I understand that the County retains the sole discretion to interpret the provisions of the
manual and to depart from those provisions or any other County policies, rules, or procedures if
the County determines that such action is appropriate.
I understand that the provisions of the manual, and its updates, supersede the provisions of all
other handbooks, manuals, policies, rules, and procedures that address the subjects covered in
the manual or are inconsistent with the manual.
I also understand that the manual is mine to use only while I am a County Employee, and that it
remains the property of the County, and that I am to return the manual to the County at the
conclusion of my employment with the County.
EMPLOYEE’S SIGNATURE____________________________________DATE_________________
EMPLOYEE’S NAME (TYPED OR PRINTED____________________________________________
SUPERVISOR/OFFICAL SIGNATURE__________________________________________________
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I certify that I have received and reviewed a copy of Billings County’s Drug and Alcohol Use
Policy, and understand that Billings County requires all employees to work under and to abide
by this policy. I understand that the County and its agents may, in the course of implementation
and enforcement of this Policy: (1) investigate and interview me; (2) search my person, my
work locations and vehicles, and any property, documents or other articles in my possession or
control; (3) administer to me urine and/or breath analysis tests for drugs or alcohol; and (4) use
the results of such interviews, investigations, searches and tests, any refusal to submit to or
cooperate in such interviews, investigations, searches and tests, as well as other relevant
evidence, in determining whether to hire me as an employee, to refer me for evaluation or
rehabilitation, or to discipline or discharge me as an employee of the County. In addition, I
acknowledge that this Policy is not intended to confer third-party beneficiary status upon any
third party and does not create any affirmative obligations or duties for the County aside from
those expressly required by statute.
Employee/Applicant Signature: ____________________________________________________
Printed Name of Employee/Applicant: ______________________________________________
Supervisor/ Department Head Signature: ____________________________________________
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Lunch Break Policy
North Dakota Department of Labor regulations require that a minimum thirty (30) minute meal
break be provided employees, if such is desired, in each shift exceeding five (5) hours when
there are two or more employees on duty. All employees must check out on a time clock, time
sheet or other time record for this break.
I have read the above policy and agree to the terms set forth.
_____________________________________ _______________
Employee’s Signature Date
I have read the above policy and waive my right to a lunch break.
_____________________________________ _______________
Employee’s Signature Date
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