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BILLINGS COUNTY

EMPLOYEE HANDBOOK

2018 REVISION

TABLE OF CONTENTS

Welcome

Page #

4-9

11-12

29-30

36-42

43-45

48-49

50-55

INTRODUCTORY STATEMENT

DISCLAIMER

EQUAL EMPLOYMENT OPPORTUNITY

EMPLOYEE CONDUCT AND WORK RULES

INTRODUCTORY PERIOD

EMPLOYMENT CATEGORIES EMPLOYMENT

TERMINATION

WORK SCHEDULES

ATTENDANCE AND PUNCTUALITY

TIMEKEEPING

OVERTIME COMPENSATION

REST AND MEAL PERIODS

PAY DAYS

PAY ADVANCES

PAY DEDUCTIONS

ADMINISTRATIVE PAY CORRECTIONS

OPEN RECORDS ADMINISTRATION

PERSONNEL DATA CHANGES

EMPLOYEE BENEFITS

COBRA

HOLIDAYS

VACATION BENEFITS

SICK LEAVE BENEFITS

SICK LEAVE DONATION

BEREAVEMENT LEAVE

LONGEVITY PAY

PERSONAL LEAVE WITHOUT PAY

ADA (Americans With Disabilities Act)

FMLA (Family Medical Leave Act)

MILITARY LEAVE

MATERNITY RELATED ABSENCES

JURY AND WITNESS DUTY

USE OF EQUIPMENT AND VEHICLES

COMMUNICATION AND COMPUTER SYSTEMS

RETURN OF PROPERTY

SOCIAL MEDIA POLICY

*click on a title to go directly there*

59-60

62-65

66-67

68-69

70-71

73-78

79-81

SOLICITATION, DISTRIBUTION AND POSTING

CONFLICTS OF INTEREST

NEPOTISM

SEXUAL & OTHER FORMS OF IMPERMISSIBLE

HARASSMENT

WORKPLACE VIOLENCE PREVENTION

SAFETY AND HEALTH

REPORT OF INJURY AND CLAIMS

MANAGEMENT

SMOKING

DRUG AND ALCOHOL USE

GRIEVANCE POLICY AND PROCEDURE

EXCEPTIONS FOR APPLICATION OF CERTAIN

SECTIONS

APPE

NDIX

i. Annual Acknowledgement Sign-off

ii. Drug and Alcohol Sign-off

iii. Lunch Sign-off

BILLINGS COUNTY

P.O. Box 168

MEDORA, ND 58645-0168

Phone (701) 623-4377 County Auditor/Treasurer/HR – Marcia 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

position.

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!

Sincerely,

Board of County Commissioners

Billings County, North Dakota

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INTRODUCTORY STATEMENT

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.

PLEASE NOTE

BILLINGS COUNTY AND ITS EMPLOYEES HAVE AN AT-WILL EMPLOYMENT RELATIONSHIP.

EITHER THE EMPLOYEE OR THE COUNTY MAY TERMINATE THIS RELATIONSHIP AT ANY TIME,

FOR ANY REASON, WITH OR WITHOUT CAUSE OR NOTICE. THE POLICIES CONTAINED IN THIS

HANDBOOK DO NOT LIMIT OR MODIFY THE EMPLOYMENT-AT-WILL RELATIONSHIP. THESE

POLICIES DO NOT FORM AN EXPRESSED OR IMPLIED EMPLOYMENT AGREEMENT OR

EMPLOYMENT CONTRACT.

THE SOCIAL SERVICES DEPARTMENT IS ACCOUNTABLE TO THE BILLINGS & GOLDEN VALLEY

COUNTY SOCIAL SERVICE BOARD AND THE BOARDS OF BILLINGS AND GOLDEN VALLEY

COUNTIES. SOCIAL SERVICE EMPLOYEES ARE COVERED BY THE NORTH DAKOTA MERIT

SYSTEM AND IN ADDITION TO COUNTY POLICIES, WILL ADHERE TO THE NORTH DAKOTA

ADMINISTRATIVE CODE. WHENEVER THERE IS A CONFLICT BETWEEN COUNTY AND STATE

REGULATIONS, THE STATE REGULATIONS SHALL TAKE PRECEDENCE. THE INTENT OF THIS

POLICY HANDBOOK IS TO CLARIFY POLICIES AND PRACTICES TO THE BENEFIT OF ALL

EMPLOYEES. THE DIRECTOR OF SOCIAL SERVICES IS EMPOWERED TO MAKE

INTERPRETATIONS AS MAY BE NECESSARY TO ADMINISTER THESE POLICIES, AND ARE

SUBJECT TO THE REVIEW OF THE BILLINGS & GOLDEN VALLEY COUNTY SOCIAL SERVICE

BOARD AND THE BILLINGS AND GOLDEN VALLEY COUNTY COMMISSIONERS.

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DISCLAIMER

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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EQUAL EMPLOYMENT OPPORTUNITY

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

Code.

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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EMPLOYEE CONDUCT AND WORK RULES

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

employment.

• 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

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

• Insubordination

• 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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DISCIPLINARY CLASSIFICATIONS:

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 Warning– Employee 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:

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.

SUSPENSION

• 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.

DEMOTION

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.

DISMISSAL

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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INTRODUCTORY PERIOD

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

classification.

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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EMPLOYMENT CATEGORIES

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

category:

• 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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EMPLOYMENT CATEGORIES CONT’D.

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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EMPLOYMENT TERMINATION

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.

• DISCHARGE – employment 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 TERMINATION – employment termination initiated by the employee or by

the County when an employee is unable, for health reasons, to continue to work.

• RETIREMENT – voluntary retirement from active employment status initiated by the

employee.

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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WORK SCHEDULES

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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ATTENDANCE AND PUNCTUALITY

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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TIMEKEEPING

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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OVERTIME COMPENSATION

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 AND MEAL PERIODS

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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PAYDAYS

All employees are paid monthly upon the submission of their time sheets, on or prior to the

of each month.

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PAY ADVANCES

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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PAY DEDUCTIONS

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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ADMINISTRATIVE PAY CORRECTIONS

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

payday.

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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OPEN RECORDS ADMINISTRATION

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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PERSONNEL DATA CHANGES

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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EMPLOYEE BENEFITS

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:

• VEHICLES (COUNTY OWNED AUTOS)

• AUTO MILEAGE

• BENEFIT CONVERSION AT TERMINATION

• BEREAVEMENT LEAVE

• FLEX PLAN (SECTION 125)

• FAMILY MEDICAL LEAVE

• HOLIDAYS

• JURY DUTY LEAVE

• MEDICAL INSURANCE

• DENTAL INSURANCE

• VISION INSURANCE

• LIFE INSURANCE

• LONGEVITY PAY

• MILITARY LEAVE

• PERSONAL LEAVE WITH OR WITHOUT PAY

• RETIREMENT PLAN (NDPERS)

• SICK LEAVE

• UNIFORM AND UNIFORM MAINTENANCE (SHERIFF/EMS ONLY)

• VACATION LEAVE

• WITNESS DUTY LEAVE

• DIRECT DEPOSIT

• EMPLOYEE ASSISTANCE SERVICES

• DEFERRED COMPENSATION

Some benefit programs require contributions from the employee, but most are fully paid by the

County.

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BENEFIT CONTINUATION (COBRA)

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

• NEW YEAR’S DAY (JANUARY 1)

• MARTIN LUTHER KING JR. DAY (THIRD MONDAY IN JANUARY)

• PRESIDENT’S DAY (THIRD MONDAY IN FEBRUARY)

• GOOD FRIDAY (FRIDAY BEFORE EASTER)

• MEMORIAL DAY (LAST MONDAY IN MAY)

• INDEPENDENCE DAY (JULY 4)

• LABOR DAY (FIRST MONDAY IN SEPTEMBER)

• VETERAN’S DAY (NOVEMBER 11)

• THANKSGIVING (FOURTH THURSDAY IN NOVEMBER)

• ½ DAY ON CHRISTMAS EVE (DECEMBER 24)

• CHRISTMAS DAY (DECEMBER 25)

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)

• Introductory

• 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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VACATION BENEFITS

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

LENGTH OF SERVICE

VACATION ACCRUED

0-60 MONTHS

8 HOURS/MONTH

61-108 MONTHS

10 HOURS/MONTH

109-156 MONTHS

12 HOURS/MONTH

157-216 MONTHS

14 HOURS/MONTH

217 MONTHS +

17.33 HOURS/MONTH

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SICK LEAVE BENEFITS

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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SICK LEAVE BENEFITS CONTINUED

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 DONATION

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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BEREAVEMENT LEAVE

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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LONGEVITY PAY

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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PERSONAL LEAVE (WITHOUT PAY)

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

absence.

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

qualified.

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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AMERICANS WITH DISABILITIES ACT (ADA)

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

Code.

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

formats.

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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FAMILY AND MEDICAL LEAVE POLICY

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

care;

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.

A. ELIGIBILITY:

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.

B. LENGTH/FREQUENCY OF FAMILY 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

available.

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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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NOTICE OBLIGATIONS

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.

COMMENCEMENT/STATUS WHILE ON FAMILY LEAVE

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

policy.

2. Parenting FMLA Leave cannot extend beyond 12 months after the birth or placement of

the child.

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CONTINUATION OF PAY AND BENEFITS

1. Vacation - All benefits accrued before, and not used during an employee’s leave, will

remain.

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.

PROCEDURE TO OBTAIN AN FMLA

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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CERTIFICATION AND REPORTING REQUIREMENTS

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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REINSTATEMENT

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.

ACTIVITIES PROHIBITED DURING FMLA

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.

ADMINISTRATION

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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MILITARY LEAVE

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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DISCHARGE OR DEMOTION

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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MATERNITY – RELATED ABSENCES

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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JURY AND WITNESS DUTY

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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USE OF EQUIPMENT AND VEHICLES

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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USE OF EQUIPMENT AND VEHICLES CONTINUED

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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COMMUNICATIONS AND COMPUTER SYSTEMS

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

work.

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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

termination.

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

performance.

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

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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RETURN OF PROPERTY

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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SOCIAL MEDIA POLICY

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

information.

• 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

candidate.

• 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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SOLICITATION, DISTRIBUTION AND POSTING POLICY

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.

Non-Employees

1. Solicitation and/or distribution by non-employees on County property is prohibited at all

times.

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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CONFLICTS OF INTEREST

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

office.

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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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NEPOTISM POLICY

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

Commissioners."

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

interest.

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

resign.

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SEXUAL AND OTHER FORMS OF IMPERMISSIBLE HARASSMENT

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.

Definitions

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

when:

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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

environment.

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

harassment.

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

them.

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

Commissioners.

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.

Discipline

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

termination.

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WORKPLACE VIOLENCE PREVENTION

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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SAFETY AND HEALTH

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

employee.

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

hazards.

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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

departments.

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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REPORT OF INJURY AND CLAIMS MANAGEMENT

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 workers’ compensation 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

possible.

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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SMOKING

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

prohibited.

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DRUG AND ALCOHOL USE

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

County.

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

discharge.

DRUG-FREE WORKPLACE COMPLIANCE POLICY:

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

use.

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

policy:

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 GUIDELINES:

• 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

employment.

DRUG TESTING POLICY

(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

problems.

POLICY STATEMENT

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.

DRUG TESTING

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

point.

IMPLEMENTATION SCHEDULE

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.

ACCESS TO TESTING RESULTS AND CONFIDENTIALITY

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.

DEFINITIONS

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

testing.

RELATIONSHIP TO FEDERAL REGULATIONS AND LAWS

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

leave.

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ALL EMPLOYEES ARE ASKED TO ACKNOWLEDGE THAT THEY HAVE READ THE ABOVE POLICY

AND AGREE TO ABIDE BY IT IN ALL RESPECTS. BY LAW THIS ACKNOWLEDGMENT AND

AGREEMENT ARE REQUIRED OF YOU AS A CONDITION OF CONTINUED EMPLOYMENT.

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GRIEVANCE POLICY AND PROCEDURE

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

extension.

Procedure:

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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EXCEPTIONS FOR APPLICATION OF CERTAIN SECTIONS OF THIS MANUAL

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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APPENDIX

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ANNUAL EMPLOYEE ACKNOWLEDGMENT FORM

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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ii.

ACKNOWLEDGMENT OF RECEIPT, REVIEW AND UNDERSTANDING OF BILLINGS

COUNTY DRUG AND ALCOHOL FREE WORKPLACE POLICY

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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iii.

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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