Fill - Free fillable Table of Contents I. Classification and Compensation B. (Baldwin County Commission) PDF form

Table of Contents

Baldwin County Employee Handbook Page 1

I. Classification and Compensation

A. Classification of Employees I-1

B. Exempt and Non-Exempt Employees I-2

C. Employment for Classified Positions I-2

D. Probationary Employees I-3

E. Part-Time Employment I-4

F. Job Classifications I-4

G. Wage and Salary Administration I-4

H. Pay Increases for Appointed Employees and Appointed Contract Employees I-5

I. Approval for Salary Changes I-5

J. Pay Periods I-6

K. Working During Lunch Period I-6

L. Breaks I-7

M. Working Before and After Regular Hours I-7

N. On-Call Policy I-7

O. Call Out Pay I-7

P. Pay Advances I-8

Q. Direct Deposit I-8

II. General Personnel Policies

A. Equal Employment / Workplace Discrimination and Harassment Policy II-1

B. Equal Employment Opportunity/Employment Grievance Procedures II-2

C. Administrative Grievance Procedures II-3

D. Anti-Retaliation II-5

E. Workplace Rules of Conduct II-5

F. Workplace Violence Prevention II-7

G. Americans with Disabilities Act (ADA) II-8

H. Health Insurance Portability and Accountability Act (HIPAA) II-8

I. Dress Code II-9

J. Attendance II-9

K. Work Hours and Time Records II-10

L. Safe Harbor Policy II-10

M. Inclement Weather/Declared Emergency II-12

N. Central Personnel Files II-14

O. Performance Appraisals II-15

P. Temporary Assignments II-16

Q. Cross-Training II-17

R. Promotions II-16

S. Transfers and Reassignments II-17

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T. Voluntary Demotion II-18

U. Resignations II-18

V. Exit Interviews II-19

W. Rehire II-19

X. Furloughs II-19

Y. Reduction in Force II-20

Z. Tobacco Use/Smoke Free Workplace II-20

AA. Solicitation II-21

BB. Employee Parking II-21

CC. Garnishments and Levies II-21

DD. Immigration Compliance II-22

EE. Other Policies and Procedures II-22

III. Progressive Discipline

A. Progressive Discipline Procedures III-1

B. Administrative Leave with Pay Due to Potential Disciplinary Action III-2

C. Suspensions without Pay III-2

D. In-Voluntary Demotions III-2

E. Terminations III-3

F. Appeals Procedures for Adverse Action III-4

G. Appeals Process to the Personnel Appeals Board for Adverse Action III-4

H. The Personnel Appeals Board III-5

IV. Leave Policies

A. Annual Leave IV-1

B. Annual Leave Scheduling IV-2

C. Sick Leave IV-2

D. Sick Leave Notification and Approval IV-3

E. Bereavement Leave / Funeral Leave IV-4

F. Holidays IV-5

G. Part-Time Employee Paid Time Off IV-6

H. Leave without Pay IV-6

I. Leave of Absence IV-7

J. Administrative Leave with Pay IV-8

K. Family Medical Leave Act (FMLA) IV-8

L. Military Leave IV-11

M. Uniformed Services Employment and Reemployment Rights Act (USERRA) IV-12

N. Jury Duty or Court Appearance IV-14

O. Voting Leave / Elections IV-14

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V. Employee Benefits

A. Benefits Eligibility V-1

B. Benefits Effective and Termination Dates V-1

C. Medical Coverage V-1

D. Dental and Vision Coverage V-2

E. Notice for Individuals Declining Health Coverage V-2

F. Identification Cards V-2

G. Annual Enrollment / Transfer Period V-2

H. Benefit Premiums / Payroll Deductions V-3

I. Consolidated Omnibus Budget Reconciliation Act (COBRA) V-3

J. Flexible Spending Accounts V-4

K. Change of Status V-4

L. Supplemental Benefits V-4

M. Life Insurance V-5

N. Disability Insurance V-5

O. Retirement Investments V-5

P. Conditions for Retirement V-6

Q. Benefits Due at Retirement V-6

R. Retirement Disability V-8

S. Longevity V-8

VI. Code of Ethics

A. Ethical Conduct VI-1

B. Statement of Economic Interest VI-1

C. Political Activity VI-1

D. Secondary Employment VI-2

E. Nepotism VI-2

F. Reporting Arrests VI-3

VII. Safety

A. Introduction VII-1

B. Responsibilities VII-1

C. Loss and Safety Investigation VII-3

D. Workers Compensation VII-4

E. Workers Compensation Payments VII-6

F. Transitional Duty VII-7

G. General Safety and Health Rules VII-11

H. Safety Rules VII-11

I. Health Rules VII-13

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J. Fire and Environmental Rules VII-13

K. Alcohol and Drugs – Drug Free Workplace Policy VII-14

L. Fleet Policy VII-30

VIII. Forms

A. Application for Employment VIII-1

B. Pre-Employment Physical and Drug Screen Waiver VIII-3

C. Authorization For Background Investigation and Release of Information VIII-4

D. Personnel Appraisal Form VIII-5

E. ADA Reasonable Accommodation Request Form VIII-8

F. Employee Counseling Form VIII-9

G. Notice of Disciplinary Action Form VIII-10

H. Grievance Appeal Form VIII-11

I. Leave Request Form VIII-12

J. Temporary Transitional Duty Agreement VIII-13

K. Medical Treatment Waiver VIII-14

L. Property Damage/Collision/Injury/Illness Investigation Report VIII-15

M. Accident Injury Witness Report VIII-20

N. Last Chance Assistance Agreement VIII-21

I. Classification and Compensation

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I. Classification and Compensation

A. Classification of Employees

The Personnel System of Baldwin County and the contents of this handbook apply to all persons

employed by Baldwin County; however, the following individuals are not subject to protection

as classified employees under the personnel system of Baldwin County:

• Elected Officials;

• Members of Appointed Boards and Commissions;

• Volunteers who receive no compensation from the County;

• Persons performing work under contract with the County and not carried on the payroll as

employees;

• Persons whose employment is subject to the approval of the United States Government or

the State of Alabama;

• Appointed Employees; and

• Appointed Contract Employees.

Baldwin County has the following classifications of employees:

• Appointed Employees: A limited class of employees which serves in a County

department at the pleasure of a department of Baldwin County as designated by Ala.

Code §45-2-120, et seq., as amended, or other statute.

• Appointed Contract Employees (sometimes referred to herein as “Appointed

Department Head”): A limited class of employees which serves under contract with the

County Commission as specified in Ala. Code §45-2-120, et seq., as amended, or other

statute.

• Classified Employees: An individual who is assigned to a regular position authorized by

the County Commission, whose salary is paid with funds allocated by the County

Commission, and whose employment initially includes a probationary period of not more

than six (6) months, during which time such a probationary employee is not a classified

employee.

Appointed Employees and Appointed Contract Employees are eligible for the benefits that may

be provided to Classified Employees (e.g. leave, holidays, insurance, etc.), but these employees

have no expectation of continued employment for a definite term or employment rights afforded

to classified employees. Appointed Employees and Appointed Contract Employees serve only at

the “pleasure of the Appointing Authority” (i.e. County Commission, Probate Judge or Revenue

Commissioner) who appoints them, in accordance with applicable law. Appointed Employees

and Appointed Contract Employees shall have no right to employment as a classified employee

after completion of his or her appointed service. However, if a vacancy exists in the County, he

or she may apply for the position; and if qualified, may be considered with any other qualified

I. Classification and Compensation

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applicants for any vacant position, provided he or she applies within the time period for

submitting applications for the vacant position.

An employee of the county may be further described as one of the following:

• Probationary Employee: An employee assigned to a classified position who has not

achieved permanent status by being employed for more than six (6) months and who has

not satisfactorily completed the probationary period.

• Exempt Employee: An employee not eligible for overtime as defined by the Fair Labor

Standards Act. Additional pay may be allowed for pursuant to the “Inclement

Weather/Declared Emergency” policy.

• Non-Exempt Employee: An employee eligible for overtime as defined by the Fair Labor

Standards Act.

Only an employee who has satisfactorily completed the terms and conditions of his or her initial

probationary period is eligible for classified service. Classified service is subject to satisfactory

performance of work, personal conduct inherent to public service, demonstration of skills and

work habits necessary for the performance of the work and availability of funds.

B. Exempt and Non-Exempt Employees

Non-Exempt employees are covered by the overtime provisions of the Fair Labor Standards Act.

Generally, an employee will receive over-time pay at the rate of one and one-half time for time

actually worked beyond forty (40) hours in one (1) work week. (Time off such as holidays,

annual leave or sick leave do not count as time worked.) All overtime must be recorded and

approved by a supervisor verifying all hours worked by employees under his or her supervision.

Exempt employees are not covered by the overtime provisions of the Fair Labor Standards Act,

unless authorized by the County Commission during a declared emergency as outlined in section

II.M Inclement Weather/Declared Emergency guidelines.

Classifying a position as “exempt” is made on the basis of comparing actual job duties with

criteria established by the Department of Labor. Responsibility for classifying Baldwin County

positions as exempt or non-exempt is determined based on the requirements of the Fair Labor

Standards Act and upon approval by the Baldwin County Commission.

C. Employment for Classified Positions

Baldwin County will seek to select the applicant most capable of serving the County’s taxpayers

efficiently and effectively.

I. Classification and Compensation

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Each Appointing Authority or Appointed Department Head is authorized to select employees to

fill approved vacancies in accordance with the personnel hiring procedure. No employment offer

shall be made by any person in the County other than by the Appointing Authority or Appointed

Department Head in consultation with the Personnel Director. No final employment offer shall

be effective until the prospective employee has completed and passed all applicable pre-

employment screenings and the County Commission has approved the employment in regular or

special session assembled.

To be considered for a classified position, a prospective or current employee must complete an

application and provide the information requested therein. Using false information on an

application or resume shall result in immediate disqualification and/or termination.

In accordance with the County's effort to promote internally, the Personnel Director, in

consultation with the Appointing Authority or Appointed Department Head, will recommend

whether to recruit applicants from existing employees or to advertise positions to the public.

Included in this determination will be whether a vacancy should be filled by internal promotion,

posted in the County organization (by job bid), or advertised externally to the public.

Openings for classified positions that are not filled by internal promotion will be posted on the

bulletin boards of at least three (3) facilities owned and operated by the Baldwin County

Commission and on the Baldwin County Commission website for a period of not less than ten

(10) working days.

An employee transferring from the Baldwin County Sheriff’s Office to the Baldwin County

Commission without a break in service, shall retain longevity, for the purpose of longevity pay

only, as well as accrued sick leave. Annual leave will not be retained and will accrue at the

lowest rate as outlined in section IV.A. Annual Leave. The employee is still required to serve a

probationary period as outlined in section I.D. Probationary Employees and will not be able to

use sick or annual leave during his or her probationary period.

D. Probationary Employees

The probationary period is intended to give new and rehired employees the opportunity to

demonstrate his or her ability to achieve a satisfactory level of performance. The County uses

this working period to evaluate employee capabilities, work habits and overall performance.

Probationary employees are encouraged to ask questions so that they will have a clear

understanding of the job and performance expectations. All probationary employees shall receive

an orientation to advise him or her of the policies of the County. Each probationary employee

shall complete all necessary forms, sign for a copy of this Handbook, and attend all required

orientation sessions.

The first six (6) consecutive months of employment in the position for which the employee is

hired is considered the probationary period. During this time, an employee is an “at will

employee” and may be terminated, with or without cause, without the right of appeal.

I. Classification and Compensation

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If the Appointing Authority or Appointed Department Head determines that the employee’s

services should be terminated before the end of the probationary period, the employee will be

notified in writing, and the Appointing Authority or Appointed Department Head shall notify the

Personnel Director of such termination.

If a classified employee transfers to another position, he or she will not begin a new probationary

period.

E. Part-Time Employment

A part-time classified position is one that is scheduled for no more than twenty-nine (29) hours a

week on average. All part-time positions must be approved, and budgeted for, by the Baldwin

County Commission. Part-time employees will be eligible for paid time off (PTO) at a rate as

outlined in section IV. Leave Policies. Part-time employees are not eligible for any other benefits

with the exception of retirement.

If a part-time employee accepts a full-time position, all PTO accumulated will be converted to

annual leave, and he or she will begin to accumulate full-time leave benefits as outlines in IV.A.

Leave Policies and IV.C. Sick Leave. He or she will also be eligible for full-time benefits as

outlined in section V. Employee Benefits.

Part-time employees will follow all other policies as outline in the Baldwin County Commission

Employee Handbook.

F. Job Classifications

All job classifications are based on an analysis of the duties and responsibilities of each position

and requirements of education, training, experience, skills, knowledge and abilities necessary for

the position. If a position is reclassified to a higher pay grade due to increase in duties, the move

will result in no less than a 2.5% increase above the employee’s current salary. New employees

or employees transferring or being promoted to new positions shall receive a copy of the new

position description. All classified positions and position descriptions shall be approved and

funded by the Baldwin County Commission.

Position descriptions do not necessarily cover every task or duty that might be assigned, and

additional responsibilities may be assigned as necessary. The Personnel Department keeps

position descriptions on file.

G. Wage and Salary Administration

The compensation plan intends to provide equal compensation for work of equivalent

responsibility, pay according to work performance and/or outstanding service. Each position is

rated according to experience, knowledge, training, duty complexity, leadership, effect of errors,

I. Classification and Compensation

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communication, problem solving, physical demands, potential work hazards, stewardship and

responsibility and education.

Employees are generally hired at the entry level of the position’s pay grade, but may receive a

different amount depending on experience and skill level.

Classified non-exempt (hourly) and classified exempt (salaried) employees may receive an

increase in pay based on the overall score of the performance appraisal. Employees who receive

an overall rating of 3.0 or higher are eligible to receive an increase in pay as outlined in Section

II.O. Performance Appraisals.

Additionally, classified employees will receive a 1% cost of living increase at the beginning of

each fiscal year.

Notwithstanding anything contained in this employee handbook to the contrary, all funding for

increases in pay must be approved in the fiscal year budget by the Baldwin County Commission,

in its discretion, and may be suspended and/or frozen at any time and for any reason deemed

appropriate by the Baldwin County Commission.

H. Pay Increases for Appointed Employees and Appointed Contract Employees

Appointed Contract Employees and Appointed Employees will receive an annual written

performance evaluation. Annual increases may be based on these evaluations and other

considerations. Annual increases for Appointed Contract Employees and Appointed Employees

may be in the form of a percentage increase over the current salary level, up to but not exceeding

the top of the salary scale for their job title.

Annual increases for Appointed Contract Employees will be considered the first Commission

meeting of December each year.

Annual increases for Appointed Employees will be effective the first full pay period of the

month following the employee’s annual anniversary of hire date or annual anniversary of

promotion. (i.e.: November hire date increase effective first full pay period of December.)

Notwithstanding anything contained in this employee handbook to the contrary, all funding for

increases in pay must be approved in the fiscal year budget by the Baldwin County Commission,

in its discretion, and may be suspended and/or frozen at any time and for any reason deemed

appropriate by the Baldwin County Commission.

I. Approval for Salary Changes

All increases in pay, with the exception of merit increases, recommended by an Appointing

Authority or Appointed Department Head must be submitted to the Personnel Director for

review and processing. No change shall be implemented until it is approved by the Commission

I. Classification and Compensation

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during its regularly scheduled or special meeting. All changes in rates of pay will be effective at

the beginning of the pay period designated by the County Commission or the beginning of the

next pay period after final approval.

Notwithstanding anything contained in this employee handbook to the contrary, all funding for

increases in pay must be approved in the fiscal year budget by the Baldwin County Commission,

in its discretion, and may be suspended and/or frozen at any time and for any reason deemed

appropriate by the Baldwin County Commission.

J. Pay Periods

All non-exempt, full-time employees are on a forty (40) hour workweek schedule that begins on

Monday and ends on Sunday of each week.

All non-exempt, part-time employees are scheduled to work no more than twenty-nine (29) hours

on average within the workweek that begins on Monday and ends on Sunday of each week. An

employee’s average hours per week will be calculated during the first week of April, July,

October and January.

Employees are paid on a bi-weekly basis. Payroll checks are available every other Friday. Some

pay dates may occur earlier due to holidays.

K. Working During Lunch Periods

Lunch period is time set aside for eating. The time is not considered part of the basic workday.

No pay is earned during this period, and no work is to be performed during this period. All full-

time employees are granted a thirty (30) minute lunch period. Employees that wish to take a one

(1) hour lunch period must have approval from his or her Appointing Authority, Appointed

Department Head or supervisor, and work hours must show an entire work day as applicable to

the employee’s assigned shift (i.e. eight (8) hour day 8 am to 5 pm). If a part-time employee is

scheduled to work more than six (6) consecutive hours within a day, a thirty (30) minute lunch

period shall be granted.

A workday may not be shortened by “working through” or reducing the lunch period on a

voluntary basis. Eliminating or reducing a lunch period requires prior approval from the

employee’s immediate supervisor. Such approvals must be limited and will typically be for one

(1) day due to unusual or special circumstances. Working through the lunch period is not to be

used as an on-going solution for scheduling issues.

To the extent possible, without undue hardship of the department, employees are required to

clock in and out for lunch periods.

I. Classification and Compensation

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L. Breaks

Each department may allow reasonable breaks for employees. The length and time of such

breaks shall be determined and posted by each department, but shall not exceed fifteen (15)

minutes. During the paid rest break, employees are not allowed to leave the premises. If the rest

break is extended without authorization, the employee will be subject to disciplinary action. Each

department is responsible for the scheduling of rest breaks.

M. Working Before or After Regular Hours

Employees may not voluntarily begin work early, or work after hours, to extend the workday for

the purpose of accumulating overtime. An employee may begin work early, or work after hours,

for the purpose of making up time missed within the work week only with prior approval from

the employee’s immediate supervisor.

N. On-Call Policy

An employee who is not required to remain on the premises, but is merely required to leave word

where he or she may be reached, is not working while on-call. On-call time will be considered

hours worked when an employee is required to restrict his or her personal activities such that the

employee cannot use this time effectively for his or her own purposes. Under these

circumstances, the employees are paid at their normal pay rate (or overtime when appropriate).

Employees on leave are not subject to be on call.

An employee in a position that requires him or her to be called back into work after working

hours are required to respond to all emails or voicemail messages within a reasonable time of

receipt. Employees on call are to stay within a reasonable driving time from the office.

Employees who are on-call shall not use alcoholic beverages or any drugs or medications that

may impair the employee or affect the employee’s performance.

Hourly employees who respond to a call and are able to handle the matter by telephone or instant

messaging are to be paid for the actual time worked and will not be paid a minimum of two (2)

hours of call out pay as set forth in section I.O. Call Out Pay. All time must be documented.

O. Call Out Pay

A classified, non-exempt employee who is called out by a supervisor will be paid a minimum of

two (2) hours call out pay if he or she works less than two (2) hours.

If you need to make a one-time adjustment to your work schedule, you may ask

your immediate supervisor, in advance, for permission to reduce or eliminate your

lunch period on the day in question. This may not be used on an on-going basis.

I. Classification and Compensation

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On-call employees and employees who are subject to being called out during an emergency

should make sure their supervisor has their updated contact information.

Exempt employees are not subject to Call Out Pay, unless he or she is among the critical

emergency personnel who must work during inclement weather or a declared emergency. Refer

to section II.M. Inclement Weather/Declared Emergency policy.

P. Pay Advances

Pay advances are not allowed under any circumstances.

Q. Direct Deposit

Direct Deposit is mandatory for all County employees. Deposits will be made directly to the

financial institution of the employee’s choice.

For any questions on how to change a direct deposit account, contact Payroll in the Accounting

Department.

II. General Personnel Policies

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II. General Personnel Policies

A. Equal Employment / Workplace Discrimination and Harassment Policy

Baldwin County is an Equal Opportunity Employer and complies with all applicable state and

federal laws, rules and guidelines, including, but not limited to, Title VII of the Civil Rights Act

of 1964, governing discrimination in employment. Baldwin County recruits, selects, trains and

promotes all employees without regard to race, color, sex, religion, national origin, age, marital

status, political belief, actual or perceived disability or history of disability, or genetic

information, except where specific age, sex or physical requirements constitute a bona fide

occupational qualification that is necessary to proper and efficient administration.

The Baldwin County Commission hereby establishes and reaffirms its commitment to a clearly

defined Equal Employment Opportunity Program (EEOP) as set forth by the following

guidelines:

• Equal opportunity for all of our citizens is a historic American ideal, and it is the policy

of the Baldwin County Commission to maintain equal employment opportunity in the

public service position of county government by considering job applicants and

employees for hiring and advancement on the basis of job-pertinent individual

differences and not on the basis of the extraneous factors such as race, religious creed,

color, national origin, ancestry, sex, marital status, medical condition, age or disability.

The objective of this program is to continue to ensure nondiscrimination in all

employment related decisions.

Baldwin County is committed to creating a workplace free from the unlawful harassment of

employees by other employees and officials, or the unlawful harassment of its officials and

employees by its vendors or visitors. Likewise, Baldwin County will not accept the unlawful

harassment of a vendor or visitors by any employee of Baldwin County. This policy includes

harassment because of race, sex, religious creed, color, national origin, ancestry, disability or

medical condition, age, or any other basis protected under Title VII.

Baldwin County encourages employees to address harassment directly when it occurs. Any

incident of harassment shall be reported immediately to the Personnel Director or the respective

Appointing Authority, Appointed Department Head, or supervisor in the manner as described

under the section II.B. Equal Employment Opportunity/Employment Grievance Procedures. If an

employee is not satisfied with the results or action(s) taken as a result of his or her initial

complaint, then the employee must report his or her complaint to the County Administrator.

All complaints for harassment will be investigated, and the results of the investigation will be

reported to the complaining party. Investigation of a harassment complaint may include, but is

not limited to, interviewing the complaining and accused parties as well as other employees

and/or vendors necessary to obtain sufficient information upon which to make an assessment of

the situation. While Baldwin County will make every effort to be sensitive to privacy issues,

II. General Personnel Policies

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there is no guarantee of confidentially. Retaliation and/or discrimination against an employee

who complains of harassment are strictly prohibited and also may be a violation of Title VII.

1. Sexual Harassment: Each Appointing Authority, Appointed Department Head, supervisor

and employee has a responsibility to maintain a workplace free of any form of sexual

harassment. Sexually harassing conduct in the workplace, whether committed by supervisors

or non-supervisory personnel, is prohibited. Such conduct includes, but is not limited to:

a. Sexual flirtations, touching, advances or propositions;

b. Verbal abuse of a sexual nature;

c. Graphic or suggestive comments about an individual’s dress or body;

d. Sexually degrading words to describe an individual; or

e. The display of sexually suggestive objects or pictures, including nude photographs.

As with any form of harassment, the employee has the responsibility to report sexual harassment

to an appropriate authority as soon as possible. He or she may report the harassing behavior to

his or her immediate supervisor, Appointing Authority, Appointed Department Head, or the

Personnel Director. The complaint of sexual harassment will be investigated promptly and

impartially, with confidentiality maintained to the greatest extent possible. The complaining

employee will be advised of the findings following the investigation.

Any employee, supervisor or Appointed Department Head who is found to have engaged in any

form of harassment of another employee will be subject to appropriate disciplinary action, up to

and including termination.

If the employee is dissatisfied with the outcome of the investigation, or if any form of

harassment persists or re-occurs, the employee has the responsibility to report the occurrence or

re-occurrence to the appropriate authority as soon as possible.

B. Equal Employment Opportunity/Employment Grievance Procedures

If an employee or applicant feels he or she has been a victim of discrimination, the employee

shall file a written complaint. Complaints by employees should be addressed to the employee’s

supervisor; if the supervisor is the subject of the complaint, it should be addressed to the

employee’s Appointed Department Head. Employees employed under the Revenue Commission

should address the complaint to the Revenue Commissioner; employees employed under Probate

Office should address the complaint to the Probate Judge. If the Appointed Department Head,

Revenue Commissioner or Probate Judge is the subject of the complaint, or if for any reason the

employee is unable to follow this process as outlined, the complaint should be directed to the

Personnel Director. Complaints by applicants shall be filed directly with the Personnel Director,

who would also serve as the EEO Officer for that purpose.

The complaint should contain the following:

II. General Personnel Policies

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1. Date(s), time(s) and location(s) of the incident/incidences that took place;

2. Description of each incident, including a statement as to any physical contact made and as to

what was said and/or done;

3. Name(s) of witnesses, if any; and

4. The names of anyone with whom incident/incidences have been discussed.

All complaints of discrimination will be investigated, and the results of the investigation will be

reported to the complaining party. Investigation of a discrimination complaint may include, but

is not limited to, interviewing the complaining party as well as other employees and/or others

necessary to obtain sufficient information upon which to make an assessment of the situation.

While every effort will be made to be sensitive to privacy issues, in the course of an

investigation, Baldwin County will discuss relevant information with appropriate parties on a

need-to-know basis; and therefore, the information provided during the investigation may not be

kept confidential. A record of the complaint and findings will become a part of the complaint

investigation records and the file will be maintained separately from your personnel file.

The Personnel Director is principally responsible for investigating violations of the personnel

policies of Baldwin County. When appropriate, the Personnel Director may explore informal

means to resolve discrimination complaints. Informal dispute resolution procedures may

include, but are not limited to, counseling the alleged violator or serving as a mediator between

the two parties.

When the matter cannot be resolved informally, the Personnel Director or the appropriate party

may prepare a written report of the investigation and a recommendation. Recommendations can

include discipline for the violator as well as the restoration of any employment terms, conditions,

or opportunities the complainant lost or was denied because of the discrimination.

If an employee is not satisfied with the resolution of the initial complaint, then the employee

shall bring the complaint to the attention of the County Administrator in writing. The County

Administrator will decide whether to approve the Personnel Director’s recommendation, dismiss

the complaint or order further investigation. In the event the complaint is against the County

Administrator, the Personnel Director will submit his or her recommendation to the

Clerk/Treasurer, who will decide whether to approve the Personnel Director’s recommendation,

dismiss the complaint or order further investigation.

C. Administrative Grievance Procedures

A grievance may be a complaint regarding some matter considered by an employee as

unresolved and otherwise unsettled by Baldwin County Commission procedure rule or regulation

already in effect.

Administrative Grievance Procedures

Step 1. (Applicable to Employees and Supervisors)

II. General Personnel Policies

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The employee is expected to make every effort to resolve problems as they occur through

informal means. Therefore, within five (5) calendar days after an employee knows, or should

have known, of an alleged violation or misapplication of a Baldwin County personnel rule,

regulation or procedure, the employee shall discuss the grievance with his or her immediate

supervisor or the next highest supervisor if the problem is with the immediate supervisor

(collectively hereinafter “supervisor”). If this informal discussion fails to resolve the problem,

the employee should prepare a written description of the problem at issue, including reference to

any applicable personnel rule, regulation, or procedure, the discussion that was held with the

supervisor and why the employee feels that no acceptable resolution was reached in the

discussion. Any such written description shall be prepared and provided to the supervisor in

question within three (3) working days of the discussion.

The supervisor should provide the employee an answer within three (3) working days of this

initial meeting or receipt of said written description. The employee’s signed written description

of the grievance along with the response of the supervisor is required at this level.

Step 2. (Employee, Supervisor, Appointing Authority or Appointed Department Head)

Within three (3) working days from the receipt of the supervisor's final decision, the employee

shall have the right to forward the decision to his or her Appointed Department Head. In the

event the Appointed Department Head is actually the immediate supervisor, then to the

Appointing Authority. Employees working in the Office of the Revenue Commissioner should

forward the decision to the Revenue Commissioner, and employees working in the Probate

Office should forward the decision to the Probate Judge. The appeal to the Appointed

Department Head or Appointing Authority must be in writing, must describe and attach the

decisions of the employee’s supervisor and Appointed Department Head and must specify the

relief sought. The Appointing Authority or Appointed Department Head shall furnish the

employee an answer within three (3) working days of receipt of the appeal forwarded by the

employee.

Written record of the grievance is required by the Appointing Authority and/or Appointed

Department Head and shall include the following:

1. A statement of rules, regulations or procedures that have been violated or misapplied, with

the dates and descriptions of such violations or misapplication signed by the employee;

2. A copy of the written action taken by the supervisor;

3. The specific remedy which is being sought signed by the employee;

4. The specific final action of the Appointing Authority or Appointed Department Head with

respect to the grievance signed by the Appointing Authority or Appointed Department Head;

and

5. Any decision of the Appointing Authority or Appointed Department Head will be final in all

matters that do not concern the termination, suspension without pay or involuntary demotion

of an employee who has completed the probationary period.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-5

Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

D. Anti-Retaliation

Baldwin County is committed to providing a work environment in which employees may

complain about alleged discrimination or other problems, including harassment, without fear of

retaliation. The County strictly prohibits discrimination against any employee because he or she

has opposed any unlawful employment practices or because he or she has made a charge,

testified, assisted or participated in any manner in an investigation, proceeding, or hearing

regarding such alleged practices.

Any employee who wants to report an incident of retaliation should promptly report the matter.

Employees can raise concerns and make reports without fear of reprisal or retribution. Any

employee, supervisor, Appointing Authority or Appointed Department Head who becomes aware

of possible retaliation shall promptly advise any of the persons listed above. Anyone engaging in

retaliation will be subject to disciplinary action, up to and including immediate termination of

employment.

E. Workplace Rules of Conduct

One of the County’s most paramount principles is to demonstrate respect and dignity in service

to the citizens of Baldwin County and interactions with each other. To assure orderly operations

and provide the best possible work environment, the County from time to time establishes

general work rules. Although it is not possible to list all the forms of behavior that are considered

unacceptable in the workplace, the following are examples of some of the types of infractions

which can result in disciplinary action up to and including termination. In order to avoid such

severe consequences, just follow simple common sense, read and understand this list of

examples and ask management before engaging in any questionable activity. Many of these

policies and rules are outlined elsewhere in this handbook.

Examples of workplace rules of conduct for which an employee will be subject to progressive

discipline under the Progressive Disciplinary Policy from counseling up to and including

termination include, but are not limited to, the following:

1. Insubordination or lack of cooperation;

2. Failing to follow instructions or to perform work as requested;

3. Failing to meet reasonable standards of efficiency and productivity, or otherwise

unsatisfactory job performance and/or repeated substandard work;

4. Unauthorized or excessive absences (including failure to report for work, late arrival, early

departure or unauthorized absence from duty) from work;

5. Excessive break time or repeatedly attending to personal affairs on work time;

6. Sleeping or giving the appearance of sleeping while on County property or during the time in

which the employee is supposed to be working; or

7. Failure to prepare and submit required reports and/or records in a timely manner.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-6

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Examples of workplace rules of conduct for which an employee may be subject to a letter of

reprimand or other disciplinary action up to and including immediate termination as set forth in

the progressive disciplinary policy include, but are not limited to, the following:

8. Abusing, damaging, wasting, stealing, inappropriately removing or possessing County

property, records or the property of other employees;

9. Falsifying the employment application or making misrepresentations on any other personnel

records;

10. Falsifying County reports or committing fraud with regard to any records (including time

records, expense accounts, absence excuse, etc.);

11. Fighting, threatening violence or otherwise starting a disturbance on County premises or

while performing job duties, including, but not limited to, assaulting or intimidating a County

employee or non-employee;

12. Reporting to work in a condition unfit to perform his or her duties, including reporting to

work with measurable amounts of illegal drugs, intoxicants, or controlled substances in the

employee’s system or being under the influence of alcohol or drugs or controlled substances;

13. Possessing, consuming or selling alcohol, illicit drugs or controlled substances on County

premises or while performing job duties and/or any violation of the County Drug-Free

Workplace Policy;

14. Violating a County safety, fire prevention, health, or security rule, policy or practice -- or

creating or contributing to unhealthy or unsanitary conditions;

15. Boisterous or disruptive activity or horseplay in the workplace;

16. Conduct leading to damage of County-owned property;

17. Disclosing unauthorized confidential County information;

18. Unauthorized solicitation or distribution on County property;

19. Sexual, racial or other unlawful harassment or any violation of the Rules of Conduct and

Harassment policies;

20. Failing to fully cooperate in any County investigation;

21. Failure to notify the County of wrongdoings of co-workers or for violation of any rules,

regulations or law;

22. Failing to notify County of an accident as soon as possible;

23. Abuse of phone or other communication systems for personal use;

24. Abuse or misuse of the County telephone system, computer system or data;

25. Entering a restricted area without authorization;

26. Not being truthful or attempting to mislead or evade a direct question or inquiry from any

supervisor or County official; or

27. Multiple or repeated violations of workplace rules or conduct.

The above list is not all encompassing or all-inclusive.

II. General Personnel Policies

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F. Workplace Violence Prevention

Baldwin County Commission is committed to maintaining a safe environment and preventing

workplace violence. All employees should be treated with courtesy and respect at all times.

Conduct that threatens, intimidates or coerces another employee, a client, or a member of the

public at any time, including off-duty periods, will not be tolerated.

In an effort to prevent violence that may occur during business hours or on County premises, the

Commission has developed these guidelines to identify and define prohibited conduct, which

includes, but is not limited to, the following:

1. Physically or verbally threatening another individual;

2. The intentional destruction or threat of destruction of County property or a co-employee’s

property while at work;

3. Harassing or threatening phone calls or written communications;

4. Stalking;

5. Advocating or threatening the illegal use of weapons or bombs;

6. Threats or attempts to commit suicide;

7. Fighting;

8. Horseplay;

9. Bullying;

10. Profanity; or

11. Advocating or threatening revenge based upon a workplace occurrence.

All threats of violence, violent acts, potentially volatile situations and all conduct prohibited by

this policy should be reported as soon as possible to the supervisor. This includes threats by

employees, as well as threats by clients, vendors, solicitors or other members of the public.

Reports should be as specific and detailed as possible. Additionally, any emergency, crisis or

situation posing imminent danger should be immediately reported to 911. As soon as practical,

notify the Appointing Authority, Appointed Department Head or supervisor.

The County will promptly and thoroughly investigate all reports. The identity of the individual

making a report will be protected as much as is practical. No person will be subject to retaliation

or reprisal because of making a report. In order to maintain workplace safety and the integrity of

its investigation, the County may place employees on administrative leave, either with or without

pay, pending investigation. Employees charged with a crime may be placed on administrative

leave without pay for a maximum of ten (10) days for investigation.

Anyone determined to be responsible for threats of violence, violent acts or other conduct that is

in violation of these guidelines will be subject to prompt disciplinary action up to and including

termination of employment.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-8

Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

Baldwin County encourages employees to bring their disputes or differences with other

employees to the attention of the supervisor 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.

G. Americans with Disabilities Act (ADA)

Baldwin County Commission complies with the Americans with Disabilities Act of 1990, Public

Law 101-336 (ADA), which prohibits discrimination on the basis of disability. The ADA

prohibits employers with fifteen (15) or more employees from discriminating against qualified

job applicants and employees who are or become disabled.

Baldwin County Commission is committed to providing reasonable accommodations to qualified

individuals with disabilities, unless it would impose an undue hardship on the employer. If an

employee has a disability, he or she may request a reasonable accommodation at any time during

the application process or during the period of employment. The employee, the employee’s

health professional, or any other representative acting on behalf of the employee may request an

accommodation. This may be done verbally or by completing a reasonable accommodation

request form. This form may be obtained from the employee’s supervisor or the Baldwin County

Personnel Department.

Reasonable documentation from an appropriate healthcare or rehabilitation professional may be

required to establish that an employee has an ADA disability and that the disability necessitates a

reasonable accommodation.

H. HIPAA

Baldwin County Commission complies with the Health Insurance Portability and Accountability

Act of 1996 (HIPAA) and follows guidelines involving the protected health information of

employees, dependents and patients. Contact the Personnel Department for a copy of the

Baldwin County Commission Health Insurance Portability and Accountability Act of 1996

policy.

Employees can find the approved Health Insurance Portability and Accountability Act Privacy

Policy that was adopted by the Baldwin County Commission on April 19, 2005, on the Personnel

page at www.baldwincountyal.gov.

If you have a disability and need an accommodation to perform your job duties or

to receive any regular benefit or condition of employment, you should make the

request to your supervisor verbally, in a written note or memo, or by using a special

form. Any other person may assist in making this request.

II. General Personnel Policies

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Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

I. Dress Code

The Baldwin County Commission seeks to project a positive image and to promote

professionalism in the workplace. Employees are required to dress in an appropriate manner

consistent to the specific job duties to which he or she is assigned and to exercise good judgment.

Appointing Authorities, Appointed Department Heads and supervisors are authorized/required to

assure compliance in the particular areas for which they are responsible. Dress codes are left to

the discretion of the department head over the department.

During business hours or whenever an employee represents the County, he or she should be

clean, well groomed and wear appropriate clothes.

If an employee’s supervisor finds that the employee’s personal appearance is inappropriate, he or

she will be asked to leave work and return properly dressed and groomed. If an employee is

asked to leave, he or she will not be paid for the time away from work.

Where necessary, the County may make a reasonable accommodation to this policy for a person

with a disability.

The following examples should help the employee understand the County’s personal appearance

guidelines:

1. Tank tops, tube or halter tops may not be worn under any circumstances;

2. Offensive body odor and poor personal hygiene is not professionally acceptable;

3. Perfume, cologne and aftershave lotion should be used moderately or avoided altogether, as

some individuals may be sensitive to strong fragrances;

4. Facial jewelry and body piercings, such as eyebrow rings, nose rings, lip rings and tongue

studs, is not professionally appropriate and must not be worn at work;

5. Torso body piercings with visible jewelry or jewelry that can be seen through or under

clothing must not be worn at work;

6. Footwear should be fastened and secured to feet for safety and shall be appropriate for job

duties; and

7. Skirt length must be no more than two (2) inches above the knee. Shorts may not be worn.

J. Attendance

Each employee is an important member of the Baldwin County Commission team. In order to

accomplish this, each employee’s prompt and regular attendance is required.

In case of an illness or injury that would prevent the employee from reporting to work at the

scheduled time, notice must be confirmed to his or her supervisor, next level manager,

Appointed Department Head or Appointing Authority. If notice is given, the employee will still

be considered tardy once he or she arrives at work. The Appointing Authority and/or Appointed

II. General Personnel Policies

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Department Head of the department may further define specific departmental requirements.

Failure to provide notification of absence for three (3) consecutive workdays may result in

removal from the payroll as having resigned without notice. Employees who resign under such

circumstances are not eligible for rehire.

K. Work Hours and Time Records

The normal workweek for a full-time employee consists of forty (40) hours depending on the job

classification and work location and for a part-time employee no more than twenty-nine (29)

hours a week on average. Core business hours are 8:00 am to 4:30 pm. Some jobs may require

other hours of service. In such cases, the immediate supervisor will inform the employee of the

required work hours.

Hourly (non-exempt) employees will be responsible for completing a time record with the

beginning and ending work times, including lunch. This is necessary for payroll calculation of

the employee’s earnings.

All salaried (exempt) employees are expected to accomplish their duties irrespective of the time

or days required to do so. Salaried exempt employees will be responsible for recording all time

records if he or she is absent from work.

The employee reserves the right to examine and verify his or her personal time record prior to

supervisor approval. Employees who willfully falsify a time record will be subject to immediate

termination.

A workday may not be shortened by “working through” or reducing the lunch period on a

voluntary basis, nor may an employee voluntarily begin work before or after his or her regularly

scheduled hours for the purpose of accumulating overtime. Every adjustment to the work

schedule requires advance approval from the employee’s immediate supervisor.

L. Safe Harbor Policy

It is the policy and practice of the Baldwin County Commission to accurately compensate

employees and to do so in compliance with all applicable state and federal laws. To ensure that

Notice must be confirmed by your supervisor, next level manager, Appointed Department

Head or Appointing Authority to give notification of absence or tardiness. Your

Appointing Authority and/or Appointed Department Head may further define specific

departmental requirements.

You will be subject to immediate termination if you willfully falsify your time

record. The same consequence applies if you falsify, or interfere with, the time

record of any other employee.

II. General Personnel Policies

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Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

the employee is paid properly for all time worked and that no improper deductions are made, the

employee must record correctly all work time and review his or her paychecks promptly to

identify and to report all errors.

The Baldwin County Commission makes every effort to ensure all employees are paid correctly.

When mistakes do happen, and are called to our attention, we will promptly make any

corrections necessary. Each employee should review his or her pay stub when received to make

sure it is correct. If a mistake has occurred or if there are any questions, please use the reporting

procedure outlined below.

If an employee is classified as non-exempt (hourly), he or she must maintain a record of the total

hours worked each day. These hours must be accurately recorded in the time keeping system

provided by the County. Each employee must verify that the reported hours worked are

complete and must accurately reflect all regular and overtime hours worked, any absences, late

arrivals, early departures and meal breaks. The employee should submit the completed time

record to his or her supervisor for verification and approval. When an employee receives each

pay check, the employee must also verify immediately that he or she was paid correctly for all

regular and overtime hours worked each work week.

Unless authorized by the employee’s supervisor, the employee shall not work any hours that are

not authorized, unless authorized to do so by his or her supervisor and that time is recorded on

his or her time record. Employees are prohibited from performing any "off-the-clock" work.

"Off-the-clock" work means work the employee may perform but fails to report on his or her

time record. Any employee who fails to report or inaccurately reports any hours worked will be

subject to potential disciplinary action, up to and including, termination.

It is a violation of the County's policy for any employee to falsify a time record, or to alter

another employee's time record. It is also a serious violation of County policy for any employee

or manager to instruct another employee to incorrectly or falsely report hours worked or alter

another employee's time record to under- or over-report hours worked. If any supervisor or

employee instructs another employee to (1) incorrectly or falsely under- or over-report an

employee’s hours worked, or (2) alter another employee's time records to inaccurately or falsely

report that employee's hours worked, the employee should report it immediately to the Personnel

Director or County Administrator.

If an employee is classified as exempt (salaried), the employee will receive a salary that is

intended to compensate him or her for all hours he or she may work for the County. This salary

will be established at the time of hire or when he or she becomes classified as an exempt

employee. While it may be subject to review and modification from time to time, such as during

salary review times, the salary will be a predetermined amount that will not be subject to

deductions for variations in the quantity or quality of the work the employee performs.

Under federal and state law, an employee’s salary is subject to certain deductions. For example,

absent contrary state law requirements, an employee’s salary can be reduced for the following

reasons:

II. General Personnel Policies

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1. Full day absences for sickness, disability or personal reasons;

2. Partial day absences for sickness, disability or personal reasons when:

a. Permission for paid leave has not been sought or has been sought and denied;

b. Accrued leave has been exhausted; or

c. Employee is granted leave without pay, in accordance with the policies adopted by

the Baldwin County Commission.

3. Full day disciplinary suspensions for infractions of the Baldwin County Commission’s

written policies and procedures;

4. Family and Medical Leave absences (either full or partial day absences);

5. To offset amounts received as payment for jury or witness fees or military pay;

6. The first or last week of employment in the event the employee works less than a full week;

7. Suspension without pay for full or partial day absences based on violation of a safety rule.

An employee’s salary may also be reduced for certain types of deductions such as his or her

portion of health, dental or life insurance premiums; state, federal or local taxes and social

security; or voluntary contributions to a retirement plan.

If an employee has questions about deductions from his or her pay, please immediately contact

the Personnel Director. If an employee believes that his or her pay does not accurately reflect the

employee’s hours worked, the employee should immediately report the matter to his or her

supervisor. If the supervisor is unavailable or if the employee believes it would be inappropriate

to contact that person (or if the employees has not received a prompt and fully acceptable reply),

the employee should immediately contact the Personnel Director. If an employee has not

received a satisfactory response within five (5) business days after reporting the incident,

immediately contact the County Administrator.

Every report will be fully investigated and corrective action will be taken where appropriate, up

to and including discipline for any employee(s) who violates this policy. In addition, the County

will not allow any form of retaliation against individuals who report alleged violations of this

policy or who cooperate in the County's investigation of such reports. Retaliation is

unacceptable and any form of retaliation in violation of this policy will result in disciplinary

action, up to and including, discharge.

M. Inclement Weather/Declared Emergency

1. Inclement Weather/Declared Emergency without Official Closing: Inclement

weather/declared emergency usually does not warrant closing of County offices. Absence

due to inclement weather/declared emergency requires an employee to make a personal

judgment pertaining to his or her safety in traveling to and from work. Loss of work time for

this reason is charged to the employee’s accrued annual leave. If an employee has no annual

leave, then the time is charged as leave without pay.

II. General Personnel Policies

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2. Official Closings Due to Inclement Weather/Declared Emergency: The Commission will

decide if Baldwin County offices will be closed on normal work days during inclement

weather/declared emergency. If the Commission decides to close one or all of Baldwin

County offices, full-time classified employees will be paid administrative leave in the

amount of hours to bring them to their regularly scheduled work hours for the day.

Employees who are out on annual, sick or any other type leave or has requested leave for the

day of closing must be charged with the leave requested. Closing information will be given

to the major media outlets via press release.

The County Administrator will also contact the Probate Judge, Revenue Commissioner and

Appointed Department Heads to inform them of the closing and each department will have a

notification process. If an employee has any questions about an official closing, the immediate

supervisor should be contacted.

The Commission will also determine whether certain “critical emergency service personnel”

must report to work during inclement weather/declared emergency. Such personnel may include,

but, are not limited to, employees from:

• Highway;

• Solid Waste; and

• Communication and Information Systems.

If other employees are needed to assist with services, they will be contacted by a supervisor. If

an employee is not required to work during an inclement weather/declared emergency closing, he

or she will receive administrative pay for the regularly scheduled working hours during the

period of closing. If an employee is called to work and refuses to come in during the inclement

weather/declared emergency closing, the employee will not receive administrative leave and will

be charged with leave without pay.

If a full-time hourly (non-exempt) employee is among the critical emergency service personnel

who must work, the employee will receive his or her regular wages, plus overtime for the hours

actually worked over forty (40) in addition to eight (8) hours of administrative leave per day to

exceed forty (40) hours within a work week with the exception of the first and last day of

declaration, then the employee will receive administrative leave in the amount of hours from

time the declaration was declared or undeclared to bring them up to the eight (8) hours.

Example: Employee works from 8 am to 4:30 pm, emergency declared at 11:00 am. The

employee has already worked three (3) hours, so five (5) hours administrative leave will be

granted plus all hours actually worked.

If a salaried (exempt) employee is among the critical emergency service personnel who must

work, the employee will receive his or her regular wages, plus time and a half for the hours

actually worked over forty (40) starting at the time the Commission declares the state of

emergency in addition to eight (8) hours of administrative leave per day not to exceed forty (40)

hours within a work week with the exception of the first and last day of declaration, then the

employee will receive administrative leave in the amount of hours from time the declaration was

declared or undeclared to bring them up to the eight (8) hours. Example: Employee works from

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8 am to 4:30 pm, emergency declared at 11:00 am. The employee has already worked three (3)

hours, so five (5) hours administrative leave will be granted plus all hours actually worked. The

exempt employee will not receive supplemental pay for work during any portion of the pay

period that is not during the inclement weather/declared emergency.

If an employee is not scheduled to work during an inclement weather/declared emergency

closing, the employee will not be paid for the closing.

If an employee is on annual, sick or any other leave with pay during the declared times of

closing, he or she will be required to use the previous scheduled leave and will not receive

administrative leave with pay.

N. Central Personnel Files

It is the intention of the Personnel Department to ensure that all personnel files are accurate,

relevant and safe from improper disclosure. Employee information not kept in the central

personnel file in the Personnel Department is not deemed part of his or her file. All medical

information on the employee is kept in a separate file detached from other files. At no time,

should an employee’s medical information be kept any place other than in the employee’s

medical file located in the Personnel Department.

Personal information will be disclosed according to the requirements of public records law and it

is the intent of the Personnel Department to inform affected employees of requests for

information or access to personnel files. To review a file, contact the Personnel Office at (251)

580-1663. Individuals shall submit a letter of request to view personnel files, and such letter will

be placed in the employee file that was viewed showing who reviewed the file and the date. An

employee of the Personnel Department will remain in the room while the file is being reviewed.

It is important that each employee promptly report any changes to the Personnel Department.

Other records, such as educational accomplishments, should also be reported as they are factors

in consideration for future promotional opportunity. Be sure that the Personnel Department

always has an employee’s current:

• Address;

• Contact number;

• Marital status;

• Any increase or decrease in number of dependents;

• Any change affecting Social Security records; and

• Correct beneficiary.

There is, however, restricted access to certain types of employee information. The following

records of government employees will not be open for inspection by members of the public:

• Unpublished telephone numbers;

• Bank account information;

II. General Personnel Policies

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• Social security numbers;

• Driver’s license information – unless driving a vehicle is part of the employee’s duties or

incidental to the performance of the job; and

• The same information about an employee’s immediate family members.

Personnel representatives are the only persons authorized to disclose information, and any phone

calls or written inquiries seeking such information shall be directed to the Personnel Department.

The County will provide employee information to outside agencies as requested in writing and

only when accompanied by the original employee signed authorization for release of

information. Information is limited to confirming the dates of employment and job title.

O. Performance Appraisals

The performance appraisal is a systematic method of appraising and strengthening an employee’s

performance. Supervisors make a rated evaluation based on factors such as job knowledge, job

duties, leadership, promotion of accuracy, safety, communication, problem solving, stewardship

and responsibility. He or she reviews the position description for any necessary changes and

gives feedback about the employee’s performance. Together, the supervisor and employee may

develop goals to improve job skills and enhance performance.

The Baldwin County performance appraisal system is based on a scale of 1.0 – 5.0. An overall

score of 3.0 or higher is deemed to be satisfactory. A score below 3.0 is deemed unsatisfactory,

and a corrective action plan will be developed by the supervisor and employee, unless

disciplinary actions, including, but not limited to, termination, is deemed necessary. The written

performance appraisals will be reviewed with the employee and retained in the employee’s

personnel file.

Probationary employees will receive an evaluation prior to the end of the six (6) month

probationary period. Probationary employees must receive a satisfactory evaluation of at least a

3.0 on a scale from 1.0 – 5.0 to be deemed a classified employee. If a probationary employee

receives less than a 3.0 on the evaluation, then the evaluation will be considered unsatisfactory

and the employee will be terminated. Probationary employees will then be evaluated at the end

of their first year of consecutive employment. Probationary employees are not eligible for a merit

increase until he or she has completed one (1) consecutive year of employment and receives a

score of 3.0 or higher on his or her one (1) year evaluation.

Annual written performance appraisals will be performed on all non-probationary hourly (non-

exempt), salaried (exempt) employees, and Appointed Employees, on anniversary of hire date or

anniversary of promotion date. These employees may receive an increase in pay based on the

overall score of the performance appraisal. Employees who receive an overall rating of 3.0 or

If you experience a change in educational status, identifying information, or family

status, you should report these changes to the Personnel Department at, (251) 580-

1663.

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higher are eligible to receive an increase in pay in the form of a percentage over the current

salary level, up to, but not exceeding, the top of the salary scale for his or her job title.

Performance appraisal percentage increases are as follows:

Performance Appraisal Score

Merit Increase

From

3.0

3.39

1.50%

3.4

3.79

2.00%

3.8

4.19

2.50%

4.2

4.59

3.00%

4.6

5.0

3.50%

All exempt and non-exempt merit increases will take effect the first full pay period of the month

following the employee’s annual anniversary of hire date or annual anniversary of promotion.

(ie: November hire date increase effective first full pay period of December.)

Additionally, classified employees will receive a 1% cost of living increase at the beginning of

each fiscal year.

Increases shall not be approved if an employee’s record indicates unsatisfactory job

performance, including, but not limited to, any of the following:

1. Suspensions since the last evaluation date;

2. Two (2) documented disciplinary actions since the last evaluation date; or

3. Documented lack of care, misuse or negligence involving County property since the last

evaluation date.

When merit increases have been suspended and/or frozen by the Baldwin County Commission,

evaluations will be conducted on an annual basis, with the exception of new employees which

receive semi-annual evaluations for the first year of employment.

Notwithstanding anything contained in this employee handbook to the contrary, all funding for

increases in pay must be approved in the fiscal year budget by the Baldwin County Commission,

in its discretion, and may be suspended and/or frozen at any time and for any reason deemed

appropriate by the Baldwin County Commission.

P. Temporary Assignments

A temporary assignment of a classified employee is defined as a special assignment on a full-

time basis for a period not exceeding six (6) months. No salary or salary range adjustments are

generally made for temporary assignments. The performance review cycle continues and is based

on the wage rate assigned to the employee's non-temporary position with Baldwin County.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-17

Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

Q. Cross-Training

To promote efficiency within an office, an Appointing Authority or Appointed Department Head

may require employees to cross-train and perform tasks contained in the position description of

an employee's position that have not previously been performed by the employee in lieu of, or in

addition to, the tasks generally assigned to the employee. No salary or salary range adjustments

are made for cross-training or the performance of these tasks. The performance review cycle

continues and is based on the wage rate assigned in relation to the employee's generally assigned

tasks.

R. Promotions

Baldwin County continually strives to promote employees and fill job vacancies on an equal

opportunity basis. Promotions are based on an objective evaluation of each vacancy and the

candidates involved. When possible, Baldwin County will promote from within and will first

consider employees with the necessary qualifications and skills, unless outside recruitment is

deemed to be in the best interest of the County. However, to be eligible for a promotion, the

employee must be able to meet the requirements of the new position, must have satisfactory

performance, must have held the current position for at least six (6) months, with the exception

of employees within the same department doing similarly situated position duties, and must have

no adverse disciplinary actions during the same time period. All promotions will result in an

hourly/salary rate increase of 8% over the previous pay, into a higher pay grade, and no less than

the lowest hourly rate/salary applicable for the new position’s pay grade.

Employees may view job postings in the Personnel Department, on various locations throughout

the County system, and on the Baldwin County external web site (www.baldwincountyal.gov).

Selected openings may be advertised through various means.

Baldwin County reserves the right to fill department vacancies, which result in a promotion,

within the employee’s current department without posting the position.

Notwithstanding anything contained in this employee handbook to the contrary, all funding for

increases in pay must be approved in the fiscal year budget by the Baldwin County Commission,

in its discretion, and may be suspended and/or frozen at any time and for any reason deemed

appropriate by the Baldwin County Commission.

S. Transfers and Reassignments

It is the policy of the Baldwin County Commission that it may, at its discretion, initiate or

approve employee job transfers. Employees may request a voluntary lateral job transfer, within

the same grade classification, by applying for a posted open position. However, to be eligible for

a voluntary transfer, the employee must be able to meet the requirements of the new position,

must have satisfactory performance, must have held the current position for at least six (6)

II. General Personnel Policies

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months and must have no adverse disciplinary actions during the same time period. The

employee’s annual evaluation date will not change to coincide with the transfer or reassignment.

T. Voluntary Demotion

A voluntary demotion shall be at the request of the employee. For an employee to request a

voluntary demotion, he or she must state the reason for the request in writing and apply for an

open, posted position. However, to be eligible for a voluntary demotion, the employee must be

able to meet the requirements of the new position, must have satisfactory job performance, must

have held the current position for at least six (6) months and must have no adverse disciplinary

actions during the previous year. All voluntary demotions will result in an hourly/salary rate

decrease of no less than 5% under the previous pay and no less than the lowest hourly rate/salary

applicable for the new position and result in a change of the employee’s annual evaluation date

to coincide with the date of the voluntary demotion.

See section III.D. In-Voluntary Demotions for guidelines for an in-voluntary demotion.

U. Resignations

If an employee wants to resign his or her position, he or she should notify his or her immediate

supervisor, the Appointing Authority or the Appointed Department Head in writing no less than

ten (10) working days before the expected resignation date. Failure to provide such a notice will

be recorded in the employee’s personnel file and may constitute grounds for “no-rehire.”

Employees who resign shall schedule an appointment with the Personnel Department in order to

complete an exit interview. At the time of the separation and prior to final payment, all records,

assets and other items of County property in the employee's custody shall be transferred to the

employee's supervisor, Appointing Authority or Appointed Department Head. Any amount due

and owing to the County by the employee because of shortage in the above shall be withheld

from the employee's final check.

After an employee gives notice and prior to the expiration of the ten (10) working days, his or

her Appointing Authority or Appointed Department Head can release the employee from the job,

provided that all state and federal legal requirements are met. If the Appointing Authority or

Appointed Department Head releases the employee prior to the ten (10) working days, the

employee will not be paid for the rest of that period and has no grievance rights.

If you want to transfer to another job with the Baldwin County Commission, you

should submit an application for the desired position. (It must be currently posted.)

You must have held your current position at least six months, had satisfactory

performance and discipline records during that time and be qualified for the new

position. Transfers are not automatic – you will compete with all other applicants

for the vacant position.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-19

Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

The Personnel Department reserves the right to make deductions from an employee’s paycheck

for failure to return County equipment or uniforms (upon leaving employment.) The employee’s

final check will include all annual leave payout (if applicable) and will be processed by the next

pay day following the date of termination.

V. Exit Interviews

All classified County employees who have successfully completed a probationary period with

the County shall not be separated from County employment without a minimum of a hearing

with the employee’s department head and the Personnel Director if requested by the employee.

In addition, exit interviews may be conducted with employees before their last scheduled

workday in order to inform the employee of his or her rights pertaining to retirement, COBRA or

any other information necessary. The Personnel Department will contact the employee to

schedule a time for the exit interview.

W. Rehire

Employees who leave employment with Baldwin County and later wish to return are eligible for

consideration for rehire after six (6) months provided an appropriate position is available. Former

employees rehired by Baldwin County will be considered a new hire for the purposes of benefits

and longevity.

X. Furloughs

The Commission may implement a furlough by temporarily reducing the hours of work of a class

of employees within a department due to budgetary constraints when the Commission determines

that revenue is not available to meet the obligations of a department. The furlough is limited to a

maximum of one (1) unpaid regularly scheduled work day per pay period for a maximum of

twenty-six (26) days per fiscal year and may be less than one (1) day per pay period depending

on the financial needs of the department. The Commission may implement the furlough in hourly

increments, as long as the reduction does not exceed one (1) day per pay period. The furlough

may be implemented department-wide, by classification or by classification series.

An employee may volunteer for furlough, but the Appointing Authority or Appointed

Department Head may accept or reject the employee’s request. An employee may not use leave

in lieu of the scheduled furlough. Employees who are placed on furlough shall be considered in

full pay status for benefit purposes, including leave accrual and seniority.

To resign your job, give a written notice to either your immediate supervisor or

department director. You must do this at least ten (10) working days before your

last day of work.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-20

Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

If the employee is required to work on a designated furlough day, the employee shall take

another day off.

The status of a salary exempt employee will remain the same as long as the employee continues

to meet the salary basis requirements of exemption. The Commission may implement the

furlough in the salary equivalent of hourly increments as long as the reduction does not exceed

the equivalent of one (1) day per pay period.

Y. Reduction in Force

Whenever it becomes necessary, through lack of funds, curtailment of work, reorganization or

for other causes, to reduce the number of employees in a given department and/or classification,

the Commission shall determine the procedure for layoff or a reduction in the workforce.

If an employee is discharged because of a reduction in force, as determined by the County

Commission, he or she is considered separated from employment, unless another position is

offered and the employee accepts another position.

The County Commission, Revenue Commissioner, Probate Judge or Appointed Department

Head may propose when a reduction in force is warranted and which employee(s) will be

released, and the County Commission shall make the decision whether to approve or deny the

reduction in force, subject to any modifications deemed necessary by the County Commission, in

its discretion. If an employee loses his or her job through a reduction in force, the employee may

apply for other posted positions, now or in the future.

A reduction in force is a separation of employment. The progressive discipline process is not

followed when there is a reduction in force, and the appeals process is not available since it is not

deemed a disciplinary action. All classified County employees who have successfully completed

a probationary period with the County shall not be separated from County employment without a

minimum of a hearing with the employee’s department head and the Personnel Director if

requested by the employee.

All layoffs or reduction in workforce must be approved by the Baldwin County Commission.

Z. Tobacco Use/Smoke Free Workplace

To protect and enhance indoor air quality and to contribute to the health and well-being of all

employees, Baldwin County facilities and vehicles shall be entirely smoke free, including vapor

cigarettes. Smoking is prohibited in all of the enclosed areas within Baldwin County work sites,

without exception. This includes common work areas, conference and meeting rooms, private

offices, hallways, stairs, restrooms, and employer owned or leased vehicles and all other

enclosed facilities.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-21

Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

The only designated smoking areas are outdoors and will be clearly marked as a designated

smoking area. No one may smoke along any pathway or walkway leading to or from the

designated smoking area.

Additionally, employees may smoke in their personal vehicles, but the smoke and tobacco

products, including vapor cigarettes, must be completely contained within the vehicle. It is not

acceptable that either smoking or non-smoking employees are subjected to smoke that they must

walk through to reach their vehicle or any other destination on Baldwin County property.

While Baldwin County makes these areas available to smokers, it in no way has any legal

responsibility to do so. Employees who choose to use these smoking areas do so at their own

risk. No additional breaks are allowed to any employee who smokes. Finally, smokers and users

of tobacco products must dispose of the remains in the proper containers. This helps to keep a

neat and clean environment for all employees and visitors.

Failure to comply with all of the components of this policy will result in disciplinary action that

may lead up to and include termination.

AA. Solicitation

Solicitations by Baldwin County employees made to other Baldwin County employees are

permitted only in non-work areas and during non-work hours.

Non-work areas include lobbies, hallways, elevators, stairs, sidewalks, parking areas, patios,

lunchrooms, or other areas not regularly scheduled for work activities. Non-work hours include

before and after scheduled work hours, lunch periods and approved breaks.

The County does not restrict employee’s involvement in activities such as United Way or Relay

for Life. The County will allow employees to solicit funds for County sanctioned events and

activities, such as sending flowers to sick or bereaved co-workers or collecting funds for County-

sponsored events.

BB. Employee Parking

In an effort to serve the Baldwin County general public and provide them with easy access to

County facilities, County employees are required to park in designated areas in the rear of all

County buildings. Appointed Department Heads or Appointing Authorities will be responsible

for designating these areas.

CC. Garnishments and Levies

In the event that garnishment or similar proceedings are instituted against an employee, the

Baldwin County Commission will deduct the required amount from the employee’s paycheck.

II. General Personnel Policies

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page II-22

Updated 10/21/2014, Updated 12/20/2016, Approved 09/22/2020

DD. Immigration Compliance

The Baldwin County Commission is committed to meeting its obligations under U.S. and State

immigration laws. Accordingly, the County does not hire individuals nor continue to employ

individuals unless they are legally authorized to work in the United States. Moreover, Baldwin

County does not discriminate on the basis of citizenship status or national origin in recruitment,

hiring or discharge.

EE. Other Policies and Procedures

The following policies are located under Baldwin County Policies and Procedures Library on the

Baldwin County Commission Intranet website BCAP. The library can be found by selecting the

“County Commission” tab, then select “Administration”.

Cellular Phone Policy #8.3

Fuel Management System for Baldwin County Vehicles Policy #3.5

Official and Employee County-Owned Car Policy #2.9

Travel-Training for County Commission Departments and Staff Policy #8.14

Purchasing Policy #3.7

Use, Transmission and Storage of Electronic Information by Employees Policy #5.1

Additionally, the Baldwin County Policies and Procedures hard copy manual can be found in the

following locations throughout the county:

Bay Minette Administration Building - Library

Foley Satellite Courthouse – Commission Office

Fairhope Satellite Courthouse – Commission Office

Robertsdale Central Annex - Commission Office

Juvenile Detention Center – Conference Room

Baldwin County Residential Wilderness Facility

Bay Minette Highway – Office Manager’s Office

Silverhill Highway – Main Lobby

Foley Highway – Area Supervisor’s Office

Magnolia Landfill – Conference Room

Emergency Management Agency – Director’s Office

Baldwin Rural Area Transportation Office – Front Desk

If your wages are garnished, be sure that all correspondence to your

employer is sent to:

Baldwin County Payroll Department

312 Courthouse Square Suite 11

Bay Minette, Alabama 36507

III. Progressive Discipline

Baldwin County Employee Handbook - Approved 4/2/2013 Page III-1

Updated 12/20/2016

III. Progressive Discipline

A. Progressive Discipline Procedures

In cases where an employee displays inappropriate conduct or poor performance, and the activity

does not call for automatic termination, Baldwin County follows a progressive discipline

process. This is a system that consists of corrective action, documentation and adverse action.

Personnel must be notified in advance of any disciplinary action.

The steps of progressive discipline may include:

• Employee Counseling– The first step is usually an employee counseling from the supervisor

with the employee to identify the problem and to state the corrective action needed. The

supervisor documents this step including dates, times and details of incidents of improper

conduct or poor performance and the date the employee counseling was given. The

supervisor sends this documentation to the Personnel Director who will review it and place it

in the employee’s personnel file. The employee may submit a separate written statement for

the file, if desired.

• Written Warning – The second step in the process is usually a written warning with specific

examples cited. The supervisor prepares the “Notice of Disciplinary Action” form that states

a specific time frame in which the employee must improve and gives the consequences of

failure to improve. Prior to issuing the form, the supervisor must review it with his or her

Appointing Authority or Appointed Department Head. A copy of the original form is

forwarded to the Personnel Director for review and placement in the employee’s personnel

file and a copy is given to the employee. The employee may submit a separate written

statement for the file, if desired.

• Adverse Action – If attempts at corrective action fail to produce satisfactory results, some

form of adverse action may be taken. The term “adverse action” means action involving

suspension, in-voluntary demotion, or termination. Before any adverse action becomes

effective, the supervisor must obtain the written approval from the appropriate Appointing

Authority or Appointed Department Head.

Any employee who receives two (2) documented warnings for any reason within a twelve (12)

month period may be subject to termination, unless automatic termination is justified. Depending

on the circumstances surrounding a disciplinary action, any step of progressive discipline may be

skipped and disciplinary action up to and including termination may be employed at any time.

Furthermore, past performance and disciplinary action may be considered when determining

disciplinary action to be taken.

In the event that the Personnel Director or the County Administrator determine that a request for

disciplinary action is not appropriate under the circumstances, or in the event that a supervisor or

Appointed Department Head fails to take appropriate disciplinary action against an employee,

the Personnel Director and/or the County Administrator may, in his or her discretion, initiate new

III. Progressive Discipline

Baldwin County Employee Handbook - Approved 4/2/2013 Page III-2

Updated 12/20/2016

or additional disciplinary action against an employee which shall be subject to the pre-

disciplinary hearing and appeals process set forth below.

In the event that a classified employee is serving as an acting or interim Appointed Department

Head in the absence of an Appointed Contract Employee serving as the Appointed Department

Head, and in the event disciplinary action is required against the acting or interim Appointed

Department Head, the Personnel Director or County Administrator may, in his or her discretion,

initiate disciplinary action against the employee which shall be subject to the pre-disciplinary

hearing and appeals process set forth below.

B. Administrative Leave with Pay Due to Potential Disciplinary Action

An employee may be placed on administrative leave with pay by the Appointing Authority or

Appointed Department Head in consultation with the Personnel Director for up to one pay period

during the course of an investigation to determine whether any disciplinary action should be

initiated against the employee. The Personnel Director may approve up to an additional pay

period to complete the investigation.

C. Suspensions without Pay

The Appointed Department Head, Revenue Commissioner or Probate Judge may suspend an

employee without pay as a part of disciplinary action for up to two (2) pay periods.

Employees may not use annual leave or sick leave while on suspension.

The progressive discipline process will be followed prior to suspension, unless the situation

warrants automatic suspension.

D. In-Voluntary Demotions

An in-voluntary demotion is an assignment to a job at a lesser basic pay rate. There are two kinds

of in-voluntary demotions:

• In-voluntary demotion for cause; and

• In-voluntary demotion due to a reduction in workforce.

1. In-Voluntary Demotion for Cause: An in-voluntary demotion may be made for cause

including, but not limited to, violations of rules, failure to perform job duties adequately,

misconduct or neglect of duty. The progressive discipline process will be followed prior to

demotion. An in-voluntary demotion with cause will result in a reduction of pay no less than

5%.

III. Progressive Discipline

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Updated 12/20/2016

2. In-Voluntary Demotion Due to Reduction in Force: If an in-voluntary demotion is based on

a reduction in force, the employee will be given consideration, based on seniority and work

performance record, for future openings in higher job classifications. No progressive

discipline process is necessary for an in-voluntary demotion based on reduction in force.

An In-Voluntary Demotion will result in the change of the employee’s annual evaluation date to

coincide with the date of the in-voluntary demotion.

E. Terminations

1. Immediate termination may be made for cause including, but not limited to, an employee’s

action or behavior that constitutes:

a. Insubordination (refusal to follow supervisor’s instructions);

b. Endangering his or her own health or safety or the health or safety of other employees or

citizens;

c. Theft, vandalism or willful destruction of County or employee property;

d. Making fraudulent statements on employee applications or job records;

e. Any violation of the County Alcohol and Drug Policy;

f. Conviction of a felony offense or of a crime involving moral turpitude;

g. Conviction of an offense that affects the employee’s ability to perform his or her job

duties or insurability, including, but not limited to, loss or suspension of licenses or other

credentials; or

h. Any other infraction when termination is determined to be in the best interest of the

County.

2. Terminations that follow the progressive discipline process are permitted for reasons that

include, but are not limited to:

a. Misconduct;

b. Willful neglect of duties;

c. Absence from work without authorization or notification;

d. Failure to perform job duties;

e. Repeated tardiness or absence;

f. Violation of departmental rules;

g. Email abuse; or

h. Internet abuse.

Any employee who fails to correct deficiencies after two (2) documented warnings may be

subject to termination, unless automatic termination is justified.

III. Progressive Discipline

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Updated 12/20/2016

F. Appeals Procedures for Adverse Action

1. When an Appointing Authority or Appointed Department Head seeks to discipline an

employee either through suspension without pay, involuntary demotion or termination, he or

she will make a recommendation to the Personnel Director that such action be taken. The

Appointing Authority or Appointed Department Head shall notify the employee in writing

that he or she proposes disciplinary action in the form of suspension without pay, involuntary

demotion or termination and the grounds for such proposed action. The employee will then

have one (1) working day to request, in writing to the Personnel Director, a pre-disciplinary

hearing before the County Administrator. In the event the County Administrator initiated the

adverse action or otherwise has a conflict, then the pre-disciplinary hearing shall be held

before the Clerk/Treasurer. If the employee does not request a hearing, the proposed

discipline will become effective at the end of the one (1) working day period.

2. Should the employee request such a pre-disciplinary hearing, the County Administrator or

Clerk/Treasurer, in the case of the County Administrator is the Appointed Department Head,

will inform the employee of the date and time of such hearing which will be held within two

(2) working days of the request, unless the County Administrator or Clerk/Treasurer, allows

additional time. The hearing will be informal in nature. The employee may have a

representative of his or her choosing present at his or her own expense.

3. Within two (2) working days after the pre-disciplinary hearing, the County Administrator or

Clerk/Treasurer will issue a decision on the Appointing Authority or Appointed Department

Head’s recommendation. An employee may then appeal the hearing officer’s decision to the

Personnel Appeals Board as set out below.

4. Should the County Administrator be the direct supervisor who is proposing the discipline, the

Clerk/Treasurer will make the decision on the proposed discipline using the same procedure

as set out in the subsections one (1) through three (3) above. In the event the County

Administrator and/or Clerk/Treasurer are conflicted from hearing the case, the Personnel

Director shall appoint an alternate hearing officer to hear the case which shall be one of the

Appointed Contract Employees, unless all such employees have conflicts which would

disqualify such employee from hearing the case.

G. Appeals Process to the Personnel Appeals Board for Adverse Action

EMPLOYEES WHO HAVE NOT COMPLETED THEIR PROBATIONARY PERIOD

HAVE NO APPEAL RIGHTS TO THE PERSONNEL APPEALS BOARD, BUT MAY

PARTICIPATE IN THE INTERNAL GRIEVANCE PROCEDURES CONTAINED IN

GENERAL POLICIES WITH RESPECT TO ANY ACTION THAT DOES NOT

CONCERN THEIR TERMINATION, SUSPENSION WITHOUT PAY OR

INVOLUNTARY DEMOTION.

1. An employee desiring to appeal any disciplinary action directed against him or her must first

exhaust any administrative remedy provided as set out above. No employee shall be

III. Progressive Discipline

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Updated 12/20/2016

penalized in any way for exercising his or her rights under the appeal procedures. An

employee who has served a six (6) month probation period may exercise his or her rights by

requesting an Appeals Board Hearing. A hearing may be requested for three (3) reasons

which include termination, suspension without pay or involuntary demotion. An appeal may

be withdrawn at any step without prejudice.

2. Upon exhausting the above administrative remedies to have a hearing before the County

Administrator (or Clerk/Treasurer as is appropriate), an employee may file his or her appeal

of discipline to the Personnel Appeals Board in writing with the Personnel Director. To be

timely filed and considered by the Board, the appeal must be delivered to the Personnel

Director within seven (7) calendar days of the last final administrative action, and the

employee must request a hearing before the Board. Within seven (7) calendar days after

the receipt of the appeal, the Personnel Director shall file with the chair of the Board and

mail to the employee by certified mail a statement specifying the charges against the

employee on which the disciplinary action (termination, suspension without pay or

involuntary demotion) was based.

3. Upon the filing of the charges, the chair shall call a meeting of the Board to be held within

thirty (30) days after the filing of charges to hear the appeal, and shall forthwith give notice

by certified mail to the employee and the Board of the time and place of the meeting. The

board shall have the authority to continue the hearing from time to time as may be necessary.

In preparing for and conducting the hearing, the chair and secretary of the Board shall each

have the power to administer oaths, to subpoena and require the attendance of witnesses and

the production of books, documents and accounts pertaining to the appeal.

H. The Personnel Appeals Board

An employee who requests a hearing before the Appeals Board must have suffered one of the

following forms of disciplinary action:

• Termination;

• Suspension without Pay; or

• Involuntary Demotion.

1. Establishment of Board

The Alabama Legislature established the Appeals Board of Baldwin County (hereinafter “the

Board”) in Ala. Code §§1

45-2-120, et seq., (1975), as the same may be amended from time to

time. The Board’s duties, powers and method of appointment are specified in Ala. Code §§145-

2-120, et seq., (1975), as the same may be amended from time to time

a. The Board hears all timely filed appeals by employees from final action of the County

Administrator or Clerk/Treasurer, or such other individual hearing the case as a result of

a conflict.

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b. The Board is composed of five (5) persons who are residents of the county. The members

of the Board shall be appointed as follows: two (2) members shall be appointed by the

County Commission; two (2) members shall be selected by the County classified

employees using the procedure provided in this section. The fifth (5th) member shall be

selected by the other four (4) members of the Board within thirty (30) days after the four

(4) members of the Board are selected and take office. In the event the four (4) members

of the Board cannot agree on the fifth member within thirty (30) days, then the fifth (5th)

member shall be selected as follows: the members appointed by the County Commission

shall nominate one (1) person and the members selected by the classified employees shall

nominate one (1) person. From these two (2) nominees, the fifth (5th) member of the

Board shall be selected by lot.

c. The Personnel Department shall notify all classified employees that nominations for

membership on the Board will be accepted for a period of ten (10) work days from that

date and instructing all interested classified employees to submit nominations to the

Personnel Director of Baldwin County within that period. Nominations shall be limited to

persons who are classified employees of the County.

d. The Personnel Director shall compile a list of the nominations and cause ballots to be

prepared and distributed to all classified employees and shall further instruct all classified

employees of their right to vote for one (1) name contained on the list of nominees.

e. The employees shall be instructed to tender their ballots in sealed envelopes to their

supervisors within five (5) work days for submission to the Personnel Director who shall

make appropriate arrangements for their tabulation. Upon tabulation of the ballots, the

Personnel Director shall obtain written certification executed by all the County

employees who assisted during the counting of the ballots and shall submit the fully

executed written certification to the Baldwin County Legislative Delegation following

each election. The certification and ballots shall be retained by the Personnel Director as

public records for twelve (12) months from the date of certification of results.

f. In the event that any one (1) employee received a majority of all votes cast, he or she

shall be elected to serve on the Board. In the event that no employee receives a majority

of all votes cast, the names of the two (2) employees receiving the most votes on the

initial ballot shall be placed on a run-off ballot and voted upon by the employees as set

forth above. The employee then receiving the most votes in the run-off shall be deemed

elected to membership of the Personnel Appeals Board.

g. No person who holds elected office, is a candidate for elected office, or receives a salary

from the County, except the elected employee Board members, shall serve on the Board.

A Board member’s term shall immediately terminate upon occurrence of any one of the

foregoing conditions. A vacancy shall be filled in the same manner as the original

appointment of a Board member as soon as possible after a vacancy occurs. A Board

member shall be eligible for re-appointment to successive terms on the board.

h. Each member shall serve a three (3) year term.

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2. Hearings before the Board

a. The Board shall follow administrative procedures adopted by the County Commission to

implement the appeals process. The Personnel Department shall provide all necessary

clerical and administrative support for the board. The Board shall meet as needed. Each

year, Board members shall select from among themselves a chairperson and secretary of

the board. Board members may be compensated as established from time to time by the

County Commission.

b. All testimony before the Board shall be under oath, and the Board has the power to

subpoena witnesses and demand production of relevant documents. The Board has the

authority to make recommendations to affirm, to revise or to amend any previous

personnel decisions after a hearing.

c. Subpoenas issued as herein provided shall be served and the fees and allowances for the

services thereof shall be the same as provided by law for the service of subpoenas issued

by the Circuit Court of Baldwin County. The fees and allowances in connection with the

service of the subpoena issued at the request of the Commission upon request of the

Board shall constitute reasonable and necessary expenses of the Board. Any subpoena

issued at the request of the employee shall be served as aforesaid, but only after the

employee shall have sufficient security with the Sheriff of Baldwin County or other

recognized officer to guarantee payment of the fees and allowances for the service. Any

person failing to obey any summons by either of the officers of the Board without good

cause, to be determined by the Circuit Court of Baldwin County, may be punished by the

Court in the same method and manner as is provided by law for contempt of the Court,

and any person failing to obey any order or subpoena of the Court, may be proceeded

against by the Court as is by law provided in the case of contempt of the Court. In

addition, any employee of the County who fails to obey any of the orders or subpoenas

may be disciplined, therefore.

d. At the hearing before the Board, the employee and his or her Appointed Department

Head or supervisor shall each have the right to be represented by counsel, with the

County authorized to employ legal counsel to represent the interest of the County. The

hearing shall be governed by rules of practice and procedure as shall be adopted by the

Board, and in conducting the hearing, the Board shall not be bound by the technical rules

of evidence. No informality of procedure in the conduct of the hearing shall invalidate

any recommendation made by the Board.

e. Within five (5) working days from the conclusion of the hearing, the Board shall

recommend to the Commission the following: (1) that the disciplinary action taken

against the employee be affirmed; (2) that the disciplinary action be reversed and that the

employee be reinstated with full back pay at the normal rate of pay that would have been

in effect for the employee had he or she not been suspended without pay; or (3) that the

disciplinary action be reduced and that the employee be reinstated either with or without

pay for any time suspended without pay. The recommendation shall be in writing to the

Chair of the Commission, and the Commission shall act upon such recommendation at its

next regular or special called meeting. At such meeting, the Commission shall vote its

III. Progressive Discipline

Baldwin County Employee Handbook - Approved 4/2/2013 Page III-8

Updated 12/20/2016

approval or disapproval of the action of the Board with the action becoming a matter of

its official and public record.

3. Administrative Procedure for Hearing

The procedure for hearings conducted by the Board shall be as follows:

a. An employee should try to limit opening comments to fifteen (15) minutes to present his

or her written appeal and any oral explanation. Employees may present their own appeal

or designate a person of their choice to represent them.

b. The Appointed Department Head or supervisor should try to limit opening comments to

fifteen (15) minutes to present his or her written disciplinary action and any oral

explanation. Appointed Department Heads may present their own decision or designate a

representative of their choice.

c. If applicable, each party may present witnesses. The employee shall have the right to

compel attendance of witnesses or production of documents through exercise of subpoena

power possessed by the Chairman or secretary of the Board. The Board may then ask

questions of any parties present, request additional information or summon any related

parties not present. The Board may set the hearing aside for research or consultation with

expert witnesses, but must reconvene within seventy-two (72) hours, unless the parties

otherwise agree.

d. Upon completion of a hearing, the Board shall return its written decision within five (5)

work days to the Personnel Director who shall immediately notify both parties. The

Board shall recommend to the Commission one of the following: (i) that the disciplinary

action taken against the employee be affirmed; (ii) that the disciplinary action be reversed

and that the employee be reinstated with full back pay at the normal rate of pay that

would have been in effect for the employee had he or she not be suspended without pay ;

or (iii) that the disciplinary action be reduced, and that the employee be reinstated either

without or with pay for any time suspended without pay.

e. All decisions of the Board are recommendations to the Baldwin County Commission,

which shall be acted upon by the Baldwin County Commission at its next regular or

specially called meeting. From any adverse decision of the County Commission, the

employee may appeal the decision to the Circuit Court of Baldwin County for a non-jury

trial, provided he or she files the appeal within seven (7) days of the adverse decision.

f. The Board may meet with three (3) members present and all decisions will be binding as

if the full Board had been present.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-1

Approved 4/2/2013, Updated 10/21/2014, Updated 12/20/2016, Updated 08/15/2017, Updated 06/18/2019,

Approved 01/21/2020

IV. Leave Policies

A. Annual Leave

All current full-time classified, appointed and probationary employees hired by the Baldwin

County Commission shall earn paid annual leave in accordance with the following schedule:

Years of Consecutive Service

Leave per (24) Pay Period

Leave Earned per Year

0 – 5

4 hours

96 hours

6 – 10

5 hours

120 hours

11 – 15

7 hours

168 hours

15 – over

8 hours

192 hours

A probationary employee will earn, but cannot take, annual leave until the employee has

satisfactorily completed the six (6) month probationary period and becomes a classified

employee. Employees terminated before the completion of the six (6) month probationary period

will not be eligible for payout of annual leave accrued.

Employees will not accumulate annual leave time while on a leave of absence or in a leave

without pay status.

Annual leave for Baldwin County employees is based on a calendar year.

Employees accrue leave twenty-four (24) pay periods within the calendar year.

Employees may take annual leave in increments of quarter-hours.

Employees may not take annual leave before it has been earned.

The number of accrued leave hours to be used for one day of leave is equal to the number of

scheduled paid hours of work for that day of leave. (For example, if an employee works four (4)

ten (10) hour days per workweek, he or she must use ten (10) hours of annual leave to have the

entire day off.

When a paid holiday occurs during an employee's annual leave, the day will be deemed a holiday

and not as an annual leave day.

Days off for annual leave will not be considered as working time for calculating weekly

overtime.

Employees may take annual leave in the year it was earned, or may carry it over for use in later

years. However, there is a limit to the amount of annual leave that may accrue.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-2

Approved 4/2/2013, Updated 10/21/2014, Updated 12/20/2016, Updated 08/15/2017, Updated 06/18/2019,

Approved 01/21/2020

If an employee earns annual leave in excess of the maximum amount listed on the table, the

excess amount will be forfeited if not taken by the last full pay period in the calendar year. The

amount of leave at the end of the pay period shall be no more than two (2) years of total accrued

time. Employees must consider the time accrued for the last full pay period of the calendar to be

included in leave that must be taken.

When an employee resigns, or is terminated, he or she is entitled to payment for any unused

annual leave that has accrued. Payment is based on the rate of compensation received at the time

of resignation or termination. Payroll checks are computed on the regular payroll day and are

available at the normal time and place. No checks are issued in advance.

B. Annual Leave Scheduling

An employee may take annual leave at any time of the year as long as he or she has accumulated

the leave and the needs of the department are met. The employee must submit his or her annual

leave request to the supervisor at least two (2) weeks in advance for approval. Leave not

requested two (2) weeks in advance may not be approved. Each department may have a special

form or procedure for requesting use of annual leave.

C. Sick Leave

The intent of sick leave is to provide paid time off to an employee who is temporarily ill or

caring for an immediate family member who is temporarily ill or for placement of a child for

adoption or foster care and is not “earned” leave. For purposes of this sick leave policy, the term

"immediate family member" is limited to a spouse, parent or child. Sick leave is not intended to

supplement the income of an employee or to be used for additional paid time off. Sick leave is to

be considered as a benefit of working for Baldwin County. An employee will be paid sick leave

in the amount to bring the employee up to a forty (40) hour work week or his or her regularly

scheduled work week.

A probationary employee will earn, but cannot take, sick leave until the employee has

satisfactorily completed the six (6) month probationary period and becomes a classified

employee.

All full-time classified and appointed employees shall earn credit for paid sick leave at the rate of

eight (8) hours of leave per month based on a twenty-four (24) pay period accrual. The accrual

Years of Service

Maximum Accrued Hours (2 x annual rate)

0 - 5

192 hours (24 days)

6 -10

240 hours (30 days)

11 - 15

336 hours (42 days)

Over 15

384 hours (48 days)

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-3

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Approved 01/21/2020

will be credited at four (4) hours on the first and second pay period of the calendar month

worked for a total of ninety-six (96) hours per year.

Sick leave may be taken in increments of quarter-hours.

An employee may use accrued sick leave for medical appointments for the employee and the

employee’s immediate family members.

Sick leave will not be considered as time worked for the purpose of calculating weekly overtime

compensation.

An employee will not accrue sick leave while he or she is on a leave of absence or in a leave

without pay status.

No employee may borrow sick leave.

Upon separation of employment from Baldwin County, an employee will not be paid his or her

accrued sick leave with the exception of retirement as outlined in section V.Q Benefits due to

Retirement.

D. Sick Leave Notification and Approval

To be eligible for sick leave in case of an illness or injury that would prevent the employee from

reporting to work at the scheduled time, notice must be confirmed to his or her supervisor, next

level manager, Appointed Department Head or Appointing Authority. If notice is given, the

employee will still be considered tardy once he or she arrives at work. The Appointing Authority

and/or Appointed Department Head of the department may further define specific departmental

requirements.

If an employee is absent for less than three (3) consecutive working days, the supervisor may or

may not require that the employee provides a healthcare provider’s statement.

To be eligible for sick leave with pay during a continuous period of three (3) working days or

more, the employee must provide a healthcare provider’s statement showing the cause or nature

of the illness or injury and expected return to work date, or a written statement of the facts

concerning the illness or injury which is acceptable to the employee’s supervisor.

If an employee is out on sick leave for three (3) or more consecutive working days and qualifies

for protection under the Family and Medical Leave Act (FMLA), the supervisor is responsible

Notice must be confirmed to the employee’s supervisor, next level manager,

Appointed Department Head or Appointing Authority. Leaving a message does not

meet this requirement.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-4

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Approved 01/21/2020

for notifying Personnel. Personnel is responsible for ensuring that all FMLA guidelines are

followed.

E. Bereavement Leave / Funeral Leave

Full-time employees and Appointed/Appointed Contract employees are entitled to three (3)

bereavement days at regular pay (not including overtime) with no deduction from leave accruals

due to the death of any of these persons in his or her family:

• Spouse;

• Parent;

• Son or daughter;

• Brother or sister;

• Grandparent;

• Grandchild;

• Step-relatives of the above categories;

• In-laws of the above categories; and

• Any person actually residing in the employee’s household.

Additionally, an employee may use up to two (2) additional consecutive days of leave, totaling

five (5) days of leave. These two (2) additional days will be deducted from the employee’s sick

leave balance. If no sick leave remains, he or she must use annual leave. If no annual leave

remains, he or she must take leave without pay.

The employee’s supervisor will make the final decision on the additional number of approved

days for bereavement leave based on factors such as required travel and level of involvement in

funeral arrangements. Other factors may also be considered.

Any bereavement period that is expected to go over the five (5) day limit requires approval from

the employee’s supervisor, and the employee must use his or her annual leave.

You must provide your supervisor with a statement from a health care provider if

you are absent for 3 or more consecutive days due to illness or injury. Your

supervisor may decide to accept some other form of written statement.

At the death of any family member listed above, you may have up to 3 days off work for

the funeral or bereavement and will receive your regular pay. Up to 2 additional

consecutive days, if used, will be taken from your sick leave. Additional days above the 5

days must be approved by the Appointing Authority or Appointed Department Head.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-5

Approved 4/2/2013, Updated 10/21/2014, Updated 12/20/2016, Updated 08/15/2017, Updated 06/18/2019,

Approved 01/21/2020

F. Holidays

Baldwin County observes the holidays listed below. Full-time employees are eligible to be paid

for these holidays if he or she is in a paid status. The Commission will announce any additional

holidays. Offices may be closed without further notice on the following days:

• New Year’s Day;

• Martin Luther King, Jr. Day;

• President’s Day;

• Mardi Gras Day;

• Good Friday;

• Memorial Day;

• Independence Day;

• Labor Day;

• Veteran’s Day;

• Thanksgiving Day;

• Day after Thanksgiving;

• Christmas Eve; and

• Christmas Day.

If a holiday falls on a Saturday, the holiday will be observed on the preceding Friday. If the

holiday falls on a Sunday, the holiday will be observed on Monday.

Employees are required to be present at work on the work day scheduled immediately preceding

and following a holiday unless leave has been pre-approved. If an employee is absent due to

illness, he or she must present a doctor’s excuse to be paid for the holiday. If an employee is on

leave without pay the day before or the day after a holiday or has leave without pay for the whole

week of the holiday, then the employee will not be eligible for holiday pay.

All eligible full-time and Appointed/Appointed Contract employees shall receive eight (8) hours

pay at their regular base pay rate for each paid holiday. Should any hourly employee be required

to work on a holiday, he or she shall receive holiday pay plus hours worked.

If an employee wishes to observe a religious holiday, the employee must communicate with his

or her supervisor to make arrangements. Annual leave will be used for time off taken for

religious holidays. If the employee has no accrued annual leave, he or she shall use leave without

pay.

To schedule time off for a religious holiday, put the request in writing and

submit it to your supervisor. You will use available annual leave, or if there is

no annual leave available, you will be required to use leave without pay.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-6

Approved 4/2/2013, Updated 10/21/2014, Updated 12/20/2016, Updated 08/15/2017, Updated 06/18/2019,

Approved 01/21/2020

G. Part-Time Employee Paid Time Off (PTO)

All part-time employees shall be eligible for paid time off (PTO) at a rate of .0319 per hour

worked for a maximum of forty-eight (48) hours per calendar year. Part-time employees may use

accrued PTO for sick leave, annual leave, holiday or bereavement. A probationary part-time

employee will earn, but cannot take, PTO until he or she has satisfactorily completed the six (6)

month probationary period and becomes a classified employee. Part-time employees terminated

before the completion of the six (6) month probationary period will not be eligible for payout of

PTO.

If a part-time employee earns PTO in excess of ninety-six (96) hours, the excess amount will be

forfeited if not taken by the last full pay period in the calendar year. Employees must consider

the time accrued for the last full pay period of the calendar to be included in leave that must be

taken.

A part-time employee may take PTO at any time of the year as long as he or she has accumulated

the leave and the needs of the department are met. The employee must submit his or her PTO

request to the supervisor in advance for approval if possible. Each department may have a

special form or procedure for requesting use of PTO.

When a classified, part-time employee resigns or is terminated, he or she is entitled to payment

for any unused PTO that has accrued. Payment is based on the rate of compensation received at

the time of resignation or termination. Payroll checks are computed on the regular payroll day

and are available at the normal time and place. No checks are issued in advance.

H. Leave without Pay

Leave without pay may be taken only if all accrued annual and sick leave has been exhausted.

However, if an employee has exhausted all annual leave, he or she may not use sick leave unless

he or she meets the requirements set out in policy IV.C Sick Leave. Appointing Authorities

and/or Appointed Department Heads may approve up to, but not more than, twenty-four (24)

hours of leave without pay, per employee, within a calendar year. The Personnel Director and/or

the Appointing Authority or Appointed Department Head must act upon (either deny or approve)

requests which will result in the employee taking more than twenty-four (24) hours, but no more

than forty (40) hours, of leave without pay within a calendar year. Only the Baldwin County

Commission or Appointing Authority may approve requests which will result in the employee

taking more than forty (40) hours of leave without pay within a calendar year, or any single

request for greater than forty (40) hours of consecutive leave without pay. Employees in a leave

without pay status the day before or the day after a holiday or have leave without pay the whole

week of the holiday will not be eligible for holiday pay. Leave without pay may be granted to a

probationary employee for reasons of sickness and emergencies.

Employees will not accumulate annual leave or sick leave time while on a leave of absence or in

a leave without pay status.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-7

Approved 4/2/2013, Updated 10/21/2014, Updated 12/20/2016, Updated 08/15/2017, Updated 06/18/2019,

Approved 01/21/2020

Employees who use more than forty (40) hours of leave without pay, and is not on an approved

leave of absence, are subject to progressive disciplinary action.

Employees desiring leave without pay under the Family and Medical Leave Act must comply

with the Family and Medical Leave Act policy. When an employee is in a leave without pay

status, and has used all Family Medical Leave and accumulated leave time, he or she shall no

longer be eligible to remain on the county's insurance plan but may be allowed to continue

coverage through COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985, Public

Law 99-272, Title X). During Baldwin County Commission and Appointing Authority approved

periods of leave without pay, the employee shall not accrue leave or benefits and shall not

receive Baldwin County Commission contributions to insurance premiums.

I. Leave of Absence

If an employee exhausts all of his or her annual, sick and FMLA leave and still needs additional

time off for personal or health reasons, he or she may apply for an unpaid leave of absence for a

period of up to three (3) months. The request for leave must be given to the employee’s

supervisor and Appointed Department Head at least thirty (30) days prior to the start of the

requested leave date unless the leave is an emergency. Any request for leave of absences must be

approved or denied by the County Commission.

Regardless of the reason for the leave, it is essential that the following departments be notified to

ensure that benefits are properly administered:

• Personnel Department; and

• Payroll Department.

The Baldwin County Commission may or may not approve the request for a leave of absence.

The decision is at their discretion, unless the leave qualifies under the Family Medical Leave

Act. Factors considered in approving the request are the employee’s length of service,

employment record and the reason for the absence.

Employees will not accumulate annual leave time while on a leave of absence or in a leave

without pay status.

The employee must notify his or her supervisor of the anticipated return to work date prior to

that date. The supervisor is responsible for immediately notifying the Personnel Department.

If an employee fails to return to work at the conclusion of the leave of absence without pay, he or

she shall be terminated from employment.

To request a leave of absence, submit a written request to your supervisor and the

department director at least 30 days in advance, unless the leave is an emergency.

State the reason for the leave, date you want it to begin and date you expect to

return to work. It must be approved by the County Commission.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-8

Approved 4/2/2013, Updated 10/21/2014, Updated 12/20/2016, Updated 08/15/2017, Updated 06/18/2019,

Approved 01/21/2020

There may be changes in employee benefits during a leave of absence. Please contact the

Personnel Department to determine what changes may be experienced.

Employees desiring a leave of absence under the Family and Medical Leave Act must comply

with the Family and Medical Leave Act policy. When an employee is in a leave without pay

status, and has used all Family Medical Leave and accumulated leave time, he or she shall no

longer be eligible to remain on the county's insurance plan but may be allowed to continue

coverage through COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985, Public

Law 99-272, Title X). During Baldwin County Commission and Appointing Authority approved

periods of leave without pay, the employee shall not accrue leave or benefits and shall not

receive Baldwin County Commission contributions to insurance premiums.

J. Administrative Leave with Pay

Any Appointing Authority or Appointed Department Head, in consultation with the Personnel

Director, may require any employee to take up to ten (10) days of administrative leave with pay.

Administrative leave with pay is typically utilized during internal investigations of an employee

or group of employees prior to making a determination whether disciplinary action should be

imposed against one or more employees. Administrative leave with pay may also be utilized for

the purpose of fit for duty evaluations.

K. Family Medical Leave Act (FMLA)

Baldwin County Commission offers leave under the Family Medical Leave Act (FMLA) for

eligible employees.

Eligibility: If an employee has worked for at least one (1) year and for 1,250 hours in the

preceding twelve (12) months, he or she is eligible to take up to twelve (12) weeks of unpaid

leave when the absence is necessitated by any of the following circumstances:

a. The birth or placement of a child for adoption or foster care;

b. The employee’s own serious health condition that prevents him or her from performing

the essential functions of the job; or

c. Serious health conditions of a son or daughter, parent, or spouse if the employee is

needed to help provide care.

Qualifying exigencies related to a spouse, child, or parent’s active military duty, are included as

follows: short-notice deployment, military events and activities, child care and school activities,

financial and legal arrangements, counseling, rest and recuperation and post-deployment

activities.

Employees are entitled to a total of twenty-six (26) weeks of leave in a particular twelve (12)

month period to care for a spouse, child, parent, or next of kin suffering from a serious illness or

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-9

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Approved 01/21/2020

injury incurred in the line of military duty. Note that all FMLA leave is cumulative, so that leave

taken for other reasons during the year will be deducted from this additional entitlement.

2. Certification: If an employee requests leave for his or her own serious health condition, or to

care for the serious condition of a son or daughter, parent or spouse, the employee will be

required to provide the Baldwin County Commission Personnel Department with

certification by a treating healthcare provider. Healthcare Provider Certification Forms are

available from the Personnel Department.

All FMLA leave must be certified by an appropriate health care provider. Certification forms

will be provided within five (5) business days of the employee’s notification of the need for

leave and must be returned within fifteen (15) calendar days of receipt. If additional information

is requested by the Personnel Director, it must be provided within seven (7) calendar days of the

request. Note that the Commission may directly contact an employee’s health care provider in

order to verify or clarify the need for leave. It may also require a second opinion at its own

expense.

FAILURE TO COMPLY WITH THE CERTIFICATION REQUIREMENTS MAY

RESULT IN PARTIAL OR COMPLETE DENIAL OF FMLA LEAVE.

3. Measuring: Baldwin County has chosen the “measured forward” method that entitles the

employee to twelve (12) weeks of leave during the year beginning on the first date the FMLA

leave is taken after the previous twelve (12) month period ends.

Example: The 12-month period begins Sept. 1, 2012, if that is the first day of FMLA leave. If the

employee exhausts all of FMLA leave, the next date the employee could again take FMLA leave

would be Sept. 1, 2013.

When an employee is on FMLA leave, he or she must periodically report (if possible) to

Personnel on his or her status and indicate the return to work date. Appropriate forms must be

submitted to Personnel to initiate family leave or to return the employee to active status.

4. Intermittent or Reduced-Time Leave: FMLA leave can be taken on an intermittent or

reduced-time basis under certain circumstances. An employee may request intermittent or

reduced leave for the following reasons:

a. When medically necessary to care for a seriously ill family member, or because of the

employee’s own serious health condition; or

b. For the birth or placement of a child for adoption or foster care. Intermittent or reduced

time leave shall not exceed twelve (12) weeks combined if both spouses are employed by

the County.

You must provide certification from your treating healthcare provider when you

request leave for your own serious health condition and you may need a modified

statement if your request is to care for another family member.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-10

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Approved 01/21/2020

Only the amount of leave actually taken while on intermittent/reduced schedule leave may be

charged as FMLA leave. If an employee needs intermittent/reduced schedule leave for planned

medical treatment, he or she must work with the supervisor to schedule the leave so it does not

unduly disrupt the department’s operations, subject to the approval of the employee’s healthcare

provider.

Employees on workers’ compensation, for which injury is eligible for FMLA, are required to

take FMLA concurrently. For example, an employee who is absent from work for four (4)

months due to a workers’ compensation injury will have the first twelve (12) weeks of that

absence applied to FMLA leave.

5. Serious Health Condition: "Serious Health Condition" is defined as an illness, injury,

impairment, or physical or mental condition that involves:

a. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight

stay) in a hospital, hospice, or residential medical care facility;

b. A period of incapacity requiring absence of more than three (3) calendar days from work

that also involves continuing treatment by (or under the supervision of ) a healthcare

provider;

c. Any period of incapacity due to pregnancy, or for prenatal care;

d. Any period of incapacity (or resulting treatment) due to a chronic serious health condition

(e.g. asthma, diabetes, epilepsy, etc.);

e. A period of incapacity that is permanent or long-term due to a condition for which

treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, dialysis, etc.);

f. Any absences to receive multiple treatments (including any period of recovery) by, or on

referral by, a heathcare provider for a condition that likely would result in incapacity of

more than three (3) consecutive days if left untreated (e.g., chemotherapy, physical

therapy, dialysis, etc.).

6. Health Insurance Premiums: During FMLA leave, the County will continue to pay its

portion of the health insurance premiums, and the employee must continue to pay his or her

portion of the premium. The employee’s contribution of health insurance premiums should

be paid continually according to the County pay periods (e.g. bi-weekly). Employees may

remain on County benefits until all FMLA, sick, and annual leave have been exhausted.

If you need to be off occasionally for medical reasons, you must work with your supervisor

to arrange a schedule that does not unduly disrupt the department’s work, but it has to also

have the approval of your healthcare provider.

While on FMLA leave, you must continue to pay your own portion of your health

insurance premiums.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-11

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Approved 01/21/2020

If an employee does not return to work at the end of FMLA leave, he or she will be required to

reimburse the County for payment of health insurance premiums, unless the employee does not

return because of the presence of a serious health condition which prevents him or her from

performing the job or circumstances beyond the employee’s control. The employee may then

choose to elect COBRA coverage. Sufficient notice shall be given to the employee at the end of

FMLA when and if this event occurs.

The employee will be responsible for any other elected benefit contributions while out on

FMLA.

7. Accrued Leave: Employees are required to use available sick and annual leave during

FMLA leave. Accrued leave and FMLA leave are used at the same time – the employee does

not take accrued leave first and then take FMLA.

The portion of the family leave of absence which is annual leave time and/or sick leave will be

with pay according to the County’s policies regarding annual leave and sick leave.

During FMLA leave, the employee will not accrue employment benefits (such as annual leave

and sick leave), if he or she is in an unpaid status. Employment benefits accrued up to the day on

which the family leave of absence begins will not be lost. Any holidays that occur during FMLA

will not be paid if the employee is in an unpaid status.

8. Return to Work: If the employee returns to work from FMLA leave before or on the

business day following the expiration of the twelve (12) weeks, the employee is entitled to

return to his or her job or an equivalent position without loss of benefits or pay.

9. Applications: Applications for FMLA leave must be submitted in writing. Applications

should be submitted at least thirty (30) days before the leave is to start, or as soon as possible

if leave is not foreseeable. Employees should provide the County with an appropriate medical

certification when FMLA is requested.

L. Military Leave

Employees who are active members of the Alabama National Guard, Naval Militia or the

Alabama State Guard organized in lieu of the National Guard, or any other reserve component of

the armed forces of the United States, shall be entitled to military leave of absence from their

respective civil duties and occupations on all days that they are engaged in field or coast defense

or other training or on other service ordered under the National Defense Act, or of the federal

laws governing the United States Reserves, without loss of pay, time, seniority, annual leave or

sick leave. An employee receiving authorization for leave with pay will be paid in accordance

with Ala. Code §31-2-13, or such other applicable law.

When your circumstance qualifies for FMLA, you may not first use your accrued

leave and then start FMLA leave. These two types of leave run concurrently – you

are required to use them at the same time.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-12

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Approved 01/21/2020

As a result, the employee’s membership in any of the named military reserve organizations, the

employee is allowed to receive up to 168 working hours (21 working days) per calendar year of

paid military leave when absent from work because of performance of duty or training in the

military reserve. If an eligible employee is on military leave when a scheduled holiday occurs,

the holiday pay will prevail, and the day will not be charged against the military leave account.

An employee, who is called to active duty with the Armed Forces of the United States, may

request annual or personal leave, if available, or leave without pay. Upon his or her release from

military service the employee shall be re-instated by the County in a position that is no lower in

grade or pay than that in which he or she is physically and mentally suited to perform, provided

the employee makes application for re-employment to the County within thirty (30) days

following honorable separation from the Armed Forces of the United States; and his or her

absence for military service did not exceed the original service period.

There is no waiting period to be eligible for military leave. This applies to both probationary and

non-probationary employees.

An eligible employee who plans to use military leave for training during the year must notify his

or her Appointing Authority or Appointed Department Head and the County Personnel Director

of his or her projected schedule.

During the War on Terrorism, a salary differential will be implemented for eligible employees

retroactive to March 10, 2003, for an indefinite period of time. Pursuant to Act 2002-430,

employees shall not suffer any loss in pay, leave time or any other benefits that may be affected

by their service.

Employees must provide copies of military orders to the Personnel Director when requesting

such leave in accordance with Ala. Code § 31-2-13 and other applicable laws. If the employee is

requesting more than ten (10) days off, he or she must make the request in writing no less than

two (2) weeks in advance.

M. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Pursuant to the Uniformed Services Employment and Reemployment Rights Act (“USERRA”),

All persons employed by the Baldwin County Commission are entitled to up to five (5) years of

military leave without pay for any service in the various Uniformed Services of the United

States, including, but not limited to, enlistment, training and active duty. Employees may be

entitled to additional leave for periods of initial service lasting more than five (5) years, periodic

training duty and involuntary active duty recalls and extensions. Paid leave, including sick leave

and vacation leave, may be substituted for all or part of this unpaid military leave. Employees

You must give at least 2 weeks written notice when you need leave for military duty

that lasts more than 10 working days.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-13

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Approved 01/21/2020

must provide as much advance notice of their impending service as reasonable. Employees

should provide this notice to the Personnel Director.

All employee benefits will be continued without a break in coverage during the service period

for employees serving thirty (30) or fewer days. Employees serving thirty-one (31) days or more

may elect to continue health care coverage for up to twenty-four (24) months at his or her own

cost. Upon returning to work, all benefits will be restored to the employee without a waiting

period or break in coverage. While employees do not accrue vacation or sick leave while on

USERRA leave, the rate at which such leave will accrue when the employee returns to work will

be the same as if the employee had never taken leave.

Employees returning from a period of service are generally entitled to be placed back into the

same position that they would have occupied had they not taken military leave. If the period of

service is thirty (30) days or less, than the employee should report back to work no later than the

beginning of the first work day after the completion of the period of service, allowing for travel

time and at least eight (8) hours rest, or, if such a date is impossible or unreasonable, as soon as

possible. If the period of service is thirty-one (31) days or more, the employee must submit an

application for reemployment. In those cases, where the period of service was for between 31

and one hundred-eighty (180) days, the application must be submitted no later than fourteen (14)

days after the completion of service. When the service was longer than one hundred-eighty

(180) days, the application must be submitted no later than ninety (90) days after the completion

of service. For periods of service lasting longer than thirty (30) days, the employee may be

required to submit supporting documentation. Service members who return with disabilities,

illnesses, or injuries accrued in the course of their service may be entitled to extensions of these

deadlines and/or accommodation for their conditions.

In addition to the unpaid leave available pursuant to USERRA, any employee who is a member

of the National Guard of Alabama or Reserve Officer or Enlisted Person in the Army, Navy,

Marine Corps or Air Force Reserve shall be granted leave with pay for the purpose of attending

an encampment for training when so ordered. The maximum amount of leave with pay shall not

exceed one hundred sixty-eight (168) hours in any calendar year.

No employee or prospective employee will be subjected to any form of discrimination or

harassment whatsoever on the basis of that person’s membership in or obligation to

perform service for any of the Uniformed Services of the United States. Specifically, no

person will be denied employment, reemployment, promotion, or other benefit of employment

on the basis of such membership. Furthermore, no person will be subjected to retaliation

because such person has exercised his or her rights under this policy or because they have

assisted another person in exercising his or her rights under this policy. If any employee believes

that he or she has been subjected to discrimination in violation of this policy, the employee

should follow the guidelines for reporting discrimination and harassment contained in Section II-

B of this Handbook.

IV. Leave Policies

Baldwin County Commission Employee Handbook - Page IV-14

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Approved 01/21/2020

N. Jury Duty or Court Appearance

When an employee must miss work due to jury or witness duty, the employee will be excused

from his or her job. Notice must be given to the direct supervisor.

Witness duty must pertain to job-related business for excused absence with regular pay. At any

time during jury or witness duty if the employee completes the assignment during regular work

hours, he or she is expected to return to work immediately.

O. Voting Leave / Elections

Employees will be encouraged to exercise his or her right to vote. Upon approval from the

employee’s supervisor, an employee may be permitted to vote during working hours. Employees

may use annual or sick leave for hours taken to vote.

Notify your supervisor if you must appear for jury or witness duty. Witness duty

must be job-related in order to receive your regular pay.

V. Employee Benefits

Baldwin County Commission Employee Handbook – Page V-1

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Updated 04/16/2019, Approved 01/21/2020

V. Employee Benefits

A. Benefits Eligibility

Full-time employees are eligible for benefits. These benefits include: medical coverage, dental

coverage, vision coverage, life insurance, long-term disability, retirement and flexible benefit

options. Part-time employees are eligible for retirement benefits only.

It is the employee’s responsibility to list only dependents that are eligible for coverage as defined

by the plan rules. If a covered dependent becomes either eligible or ineligible based on the plan

rules, it is the employee’s responsibility to notify Personnel immediately. Employees must notify

Personnel of any changes in status within thirty (30) days of the status change. This includes:

dependent status change, address changes, divorce, marriage, birth, adoption, reduction in work

hours or any other change that could affect benefit plan eligibility.

B. Benefits Effective and Termination Dates

Baldwin County personnel staff will determine the effective date of coverage, in accordance with

plan documents. Typically, it is the first day of the calendar month following thirty (30) days of

continuous employment. For example, if an employee was hired on January 18, coverage would

go into effect March 1. This means deductions would start the first pay period in February.

Benefits will end the last day of the month in which an employee actively works. If an employee

receives a paycheck within the month of termination, he or she will be refunded all premiums

deducted that pay period.

C. Medical Coverage

Employees must enroll for coverage within thirty (30) days of employment or an eligible

qualifying event. Complete benefit packets are provided at new hire orientation. Additional

packets may be obtained by contacting the Personnel Department at (251) 937-0337.

Baldwin County offers medical insurance coverage to all full time employees. The plan is priced

for both individual and family. Although the County pays a significant portion of employee’s

insurance premiums, employees are responsible for the employee portion. Information about the

current medical plan and premiums is available in the Personnel Department.

To add or delete dependents from your insurance, you must notify Personnel

within 30 days of the qualifying event.

V. Employee Benefits

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Updated 04/16/2019, Approved 01/21/2020

D. Dental and Vision Coverage

Employees must sign up for coverage within thirty (30) days of employment or at the time of an

eligible qualifying event. A summary of benefits is available by contacting Baldwin County

Personnel Department.

Dental and Vision coverage is only available to full-time employees. Dental and Vision

premiums are the responsibility of the full-time employee. Baldwin County does not contribute

to the cost of dental or vision.

E. Notice for Individuals Declining Health Coverage

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires group health

plans and issuers to advise an employee and employee’s dependents of enrollment rights when

declining health coverage.

If an employee is declining enrollment for health plan benefits for himself or herself, dependents

or both because of other health insurance coverage, the employee may, in the future, be able to

enroll in this plan, provided that he or she requests enrollment is within thirty (30) days after the

other coverage ends.

In addition, if an employee has a new dependent as a result of marriage, birth, adoption or

placement for adoption, he or she may be able to enroll himself or herself, dependents or both,

provided that he or she request enrollment within thirty (30) days after the marriage, birth,

adoption or placement for adoption.

F. Identification Cards

If an employee enrolls in medical, dental benefits, identification cards will be mailed to his or her

home address.

G. Annual Enrollment/Transfer Period

Health plans, benefit designs, eligibility rules and premiums are subject to change each plan year

based on the previous year’s claims experience. Announcements concerning changes for the

upcoming plan year are made during annual enrollment period each fall. Employees are required

to review notices, home mailings and department memos for information about the benefits for

the upcoming year.

The Personnel Department conducts the Annual Health and Benefits Fair to accommodate those

needing assistance and information regarding benefit changes. Typically, the enrollment/change

V. Employee Benefits

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Updated 04/16/2019, Approved 01/21/2020

period is from October 15 until November 15. It is the employee’s responsibility to stay

informed of benefit changes.

H. Benefit Premiums/Payroll Deductions

Employees are responsible to review his or her paycheck to ensure the appropriate benefit

deductions have been taken. Deductions from the employee’s paycheck will begin the first pay

period of the month prior to the coverage start date. Medical, dental and vision deductions will

be taken out of twenty-four (24) pay periods per year. There will be two (2) pay periods each

year in which no insurance deductions will be taken.

If an employee misses a paycheck due to work absence or unpaid time, then the missed

deductions will be taken out of the next paycheck immediately upon return or employee may pay

personnel the amount due each pay period.

I. Consolidated Omnibus Budget Reconciliation Act (COBRA)

If an employee loses coverage due to a termination of employment, a reduction in work hours or

other qualifying event, the employee and employee’s covered dependents may be eligible to

continue coverage through COBRA.

For a full explanation of COBRA terms and eligibility, contact Personnel or refer to the “General

COBRA Notice” received at time of enrollment.

Employees may remain on County benefits until all FMLA, sick, and annual leave have been

exhausted.

You are required to review your notices, home mailings and department memos for

information about benefits for the upcoming year. Failure to do so may result in no

coverage for the new year.

You are responsible to review your paycheck to ensure the appropriate benefit

deductions have been taken.

Contact Personnel to discuss payment of deductions prior to going out on leave.

V. Employee Benefits

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Updated 04/16/2019, Approved 01/21/2020

J. Flexible Spending Accounts

Flexible spending accounts allow a full-time employee’s medical out-of-pocket expenses and

dependent care expenses to be paid with “before tax” dollars. Baldwin County offers a benefit

option that utilizes a debit-type card to access the employee’s plan dollars.

If a full-time employee elects this benefit, he or she chooses a dollar level based on the

individual or family needs. A portion of the amount is deducted out of twenty-four (24) pay

periods per year. There are minimum and maximum deduction limits in this benefit.

Employees do not have to be enrolled in Baldwin County’s medical plan in order to participate in

a flexible spending account.

Full-time employees may enroll during the annual enrollment period. Re-enrollment is required

each year to continue participation.

K. Change in Status

Employees are required to report, in writing, personal changes and/or changes in work status to

the Personnel Department within thirty (30) days of any status change. This includes:

• Dependent status change;

• Address changes;

• Divorce;

• Marriage;

• Birth/adoption;

• Reduction in work hours; or

• Any other change that could affect benefit plan eligibility.

L. Supplemental Benefits

Baldwin County offers supplemental voluntary benefits from providers such as:

• AFLAC

• Liberty National

• United Way

• Nationwide Retirement Solutions

• RSA-1

• Other voluntary products

You must report personal changes and/ or changes in work status to Personnel within 30

days of the change. Documentation may be required to make benefit changes.

V. Employee Benefits

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Updated 04/16/2019, Approved 01/21/2020

These additional benefit options can be administered through payroll deduction. Supplemental

benefits are subject to change without notice. For more information, contact the Personnel

Department at (251) 937-0337.

M. Life Insurance

Baldwin County provides Life Insurance for all full-time employees. Employees may purchase a

supplemental policy in $10,000 increments up to $250,000 and have the premium deducted from

his or her paycheck. Policies may have reduced benefits depending on the employee’s and/or

covered family member’s age. The plan document is available in the Personnel Department.

N. Disability Insurance

Baldwin County provides Long Term Disability Insurance for all full-time employees. Full-time

employees may purchase Short Term Disability Insurance and have the premium deducted from

his or her paycheck. The plan document is available in the Personnel Department.

O. Retirement Investments

Retirement participation is mandatory with the Retirement Systems of Alabama. If an employee

averages at least twenty (20) hours per week, he or she will automatically be enrolled in the

retirement plan.

Employees who were hired into the Retirement Systems of Alabama before January 1, 2013, are

defined as “Tier 1” members. Any employee hired into the Retirement Systems of Alabama on

or after January 1, 2013, are defined as “Tier 2” members.

As of October 1, 2020, the County provides Tier 1 member benefits for all Tier 2 employees

pursuant to Act No. 2019-132. All employees will be required to contribute 7.5% on a pre-tax

basis from each paycheck. (This contribution is matched by the County.)

If a Tier 2 member leaves employment with the County and is later employed by another agency

that did not make an election pursuant to Act No. 2019-132, the Tier 2 member will receive Tier

2 benefits for his or her service with the new employer. A member whose creditable service

includes periods of service to two different Tier plans, the benefit rates of each Tier plan will be

applicable to the creditable service earned while in each Tier plan. In all other respects the

pension shall be determined on the basis of the member’s Tier plan at the time of his or her

withdrawal from service.

Employees are vested in the Retirement Systems of Alabama after ten (10) years of service.

Employees who were hired before January 1, 2013 (Tier 1), are eligible to retire with twenty-five

(25) years of service or ten (10) years of service and age sixty (60). Any employee hired on or

after January 1, 2013 (Tier 2), and retires with the County, will be eligible to retire with twenty-

V. Employee Benefits

Baldwin County Commission Employee Handbook – Page V-6

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Updated 04/16/2019, Approved 01/21/2020

five (25) years of service or ten (10) years of service and age sixty (60). However, if the Tier 2

employee leaves employment with the County and is later employed by another agency that did

not make an election pursuant to Act No. 2019-132, he or she will be eligible to retire at age

sixty-two (62) with at least ten (10) years of service.

P. Conditions for Retirement

Whenever an employee meets the conditions for retirement set forth in the Retirement Systems

of Alabama Regulations, he or she may elect to receive all benefits earned under the Alabama

Retirement Plan.

The Notice of Retirement may be forwarded to the Personnel Director no more than three (3)

months or no later than thirty (30) days prior to the last scheduled day of work.

Due to the complexity of each individual retirement account, the employee should contact the

Personnel Department with any questions or write to:

Retirement Systems Building

135 South Union Street

Montgomery, AL 36130-4101

1-877-517-0020

Q. Benefits Due at Retirement

Unpaid Sick Leave -- Full-time employees hired into the Retirement Systems of Alabama and

retiring pursuant to the requirements of the Retirement Systems of Alabama with twenty-five

(25) years of service or at least age 60, with at least fifteen (15) years of said service with the

Baldwin County Commission, may be paid one-half of his or her accumulated sick leave not to

exceed three hundred sixty (360) hours or elect to roll over unused sick leave hours into service

credit.

Effective May 1, 2019, in lieu of unpaid sick leave payout, an employee retiring pursuant to the

requirements of the Retirement Systems of Alabama may elect to roll over unused sick leave

hours into service credit.

The following conditions apply for this option:

• Applies only to employees who, after converting unused sick leave hours to service credit,

meet the minimum qualifications for service retirement. The minimum qualifications for

service retirement are age 60 with at least 10 years of creditable service or 25 years of

creditable service, regardless of age.

V. Employee Benefits

Baldwin County Commission Employee Handbook – Page V-7

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Updated 04/16/2019, Approved 01/21/2020

• An employee retiring on disability may convert unused sick leave to retirement credit only if

he or she meets the minimum qualifications for service retirement after converting unused

sick leave days to service credit.

• Conversion of unused sick leave may not be used for deferred retirement.

• There is no maximum number of accrued sick leave days.

The following chart will be used by the Retirement System to convert sick leave to retirement

service credit. Please note that the chart lists accrued sick leave days through 370, but there is no

maximum limit on sick leave accrual.

Accrued Sick Leave Days

Service Credits (Months)

0-10

0-80 hours

11-30

88-240 hours

31-50

248-400 hours

51-70

408-560 hours

71-90

568-720 hours

91-110

728-880 hours

111-130

888-1040 hours

131-150

1048-1200 hours

151-170

1208-1360 hours

171-190

1368-1520 hours

191-210

1528-1680 hours

211-230

1688-1840 hours

231-250

1848-2000 hours

251-270

2008-2160 hours

271-290

2168-2320 hours

291-310

2328-2480 hours

311-330

2488-2640 hours

331-350

2648-2800 hours

351-370

2808-2960 hours

Retiree Health Insurance Coverage – A retiring employee currently enrolled in County sponsored

health insurance is eligible to continue single health coverage at a cost of one hundred dollars

($100) per month. The retiree must meet the following requirements: (1) Retiring with twenty-

five (25) years of service in the Retirement Systems of Alabama; (2) fifteen (15) years of said

service must be with the Baldwin County Commission and; (3) has not met the age requirement

to be eligible for Medicare. The County will contribute the remaining portion of the cost of

single health coverage.

The County will pay 100% of single health coverage for a retiring, full-time employee currently

enrolled in County sponsored health insurance. The retiree must meet the following

V. Employee Benefits

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requirements: (1) Retiring with thirty (30) years of service in the Retirement Systems of

Alabama; (2) fifteen (15) years of said service must be with the Baldwin County Commission;

and (3) has not met the age requirement to be eligible for Medicare.

If the employee has family coverage at the time of retirement, that employee may elect at that

time to keep this coverage until the age requirement to be eligible for Medicare has been met and

must pay 100% of the cost of such premiums. The employee may also elect single coverage at

this time. When the employee reaches the age requirement to be eligible for Medicare, all

insurance coverage will cease, any dependents covered will become eligible for COBRA.

During open enrollment, each year, retirees will also be eligible to transfer coverage if offered

through the County. Should the County's health insurance premium increase, so shall the portion

paid by the retiree with the increased amount to be determined by the Commission.

Any employee who retires from Baldwin County is required to make a decision, on his or her last

day of employment, to either retain the County's medical coverage or reject it.

R. Retirement Disability

Employees, who participate in the Retirement Systems of Alabama and have completed ten (10)

years of service and become disabled as defined by the plan, may be eligible to receive a

disability benefit subject to all applicable requirements.

S. Longevity

Longevity pay is a benefit that recognizes a full-time employee’s years of continuous service.

Full-time employees who have completed five (5) years or more of continuous service will be

eligible for longevity pay.

To determine whether an employee is eligible for longevity pay, the Personnel Department will

determine as of October 1, of each year whether an employee has completed five (5) or more

years of continuous service with Baldwin County. Longevity will be based on a fiscal year

running October 1st through September 30th.

The employee must be on the payroll on September 30th of each eligible year to qualify for the

previous year. No partial years will be paid.

Employees that sever employment and then return to work may not use retroactive time to

qualify. Time must be continuous service.

Pay will be as follows:

5 to 9 years $ 500

10 to 14 years $ 1,000

V. Employee Benefits

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Updated 04/16/2019, Approved 01/21/2020

15 years and over $ 1,500

The check will be issued from regular payroll and federal income tax, state income tax and social

security contributions will be deducted at the customary withholding rate for an employee.

VI. Code of Ethics

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page VI-1

VI. Code of Ethics

A. Ethical Conduct

It is the policy of Baldwin County Commission to uphold, promote and demand the highest

standards of ethics from all employees and officials, whether elected or appointed. Accordingly,

all County employees should maintain the utmost standards of personal integrity, truthfulness,

honesty, and fairness in carrying out their public duties; avoid any improprieties in their roles as

public servants; and never use their county position or powers for improper personal gain.

Every employee of the Baldwin County Commission is a “public employee”. The taxpayers of

this County entrust every employee with the responsibility of carrying on business beneficial to

the taxpayer.

Employees of the Baldwin County Commission are subject to the provision of the Alabama

Ethics Law (codified at §§36-25-1, et.seq., Code of Alabama

1975, as amended from time to

time) (sometimes referred to as the “Alabama Ethics Law” or the “Ethics Law”) and the

decisions and enforcement of the Alabama Ethics Commission. Employees may visit the Ethics

Commission’s website to acquire further information of interest at www.ethics.alabama.gov.

B. Statement of Economic Interests

Some employees will have to complete an annual questionnaire for the Alabama Ethics

Commission. The Personnel Department will provide these employees the required forms, upon

request. These employees are responsible for filing the reports in a timely manner.

Section 36-

25-4.2 states that “[a]ll public employees required to file the Statement of Economic Interests

required by Section 36-25-14, shall participate in an online educational review of the Alabama

Ethics Law provided on the official website of the commission. Employees hired after January 1,

2011, shall have 90 days to comply with this subsection.”

C. Political Activity

Employees may individually exercise their right to vote and privately express their views as a

citizen, including becoming a candidate for public office. However, an employee shall not

engage in political activities during his or her work time. Without limitation, Baldwin County

expressly prohibits employees from soliciting political financial contributions, distributing

political literature, wearing political buttons or similar insignia during their work time.

Employees who are issued uniforms by Baldwin County are prohibited from wearing their

uniforms while engaging in political activities.

Baldwin County also prohibits employees from distributing political literature or printed or other

material of any kind in working areas at any time. Employees may not use any equipment owned

VI. Code of Ethics

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page VI-2

by Baldwin County, including but not limited to, copiers and fax machines, to engage in political

activities.

This prohibition against soliciting other employees for political purposes covers Baldwin

County’s telephonic and computer equipment. Thus, no employee is permitted to use Baldwin

County’s electronic mail, the internet, voice-mail, telephones, computers or other related

equipment for the purpose of soliciting others for political activities or for preparing, duplicating

or distributing political literature or other material to other employees or non-employees.

The Personnel Director is available to answer any questions regarding proper employee political

activity. This policy does not authorize a county employee to engage in political activity in

violation of federal or state law.

D. Secondary Employment

Baldwin County Commission employees shall not engage in any outside employment which

adversely affects his or her work performance as an employee of the County or creates a conflict

of interest.

If an employee engages in other employment, he or she must notify his or her supervisor in

writing stating the name of the employer, the nature of work or business, specific duties, and

hours worked per week. The supervisor will send a copy of these statements to the Personnel

Director for placement in the employee’s personnel file. If the supervisor believes there may be a

potential incompatibility between the outside employment and County employment due to either

the number of work hours or nature of work or scheduling requirements, he or she shall submit

appropriate recommendations to the Personnel Director. The final decision will be made jointly

by the Personnel Director and the Appointing Authority or Appointed Department Head.

The employee shall at all times give first priority to the performance of his or her Baldwin

County Commission job. County work schedules will not be adjusted to accommodate non-

County work schedules.

E. Nepotism

Relatives of employees will be eligible for employment, but they must compete for jobs on the

same terms and conditions as other applicants.

If you work another job, you must notify your supervisor in writing and state the

employer, type of work, job duties, and hours worked per week. This job cannot

conflict with your primary job with the Baldwin County Commission.

VI. Code of Ethics

Baldwin County Commission Employee Handbook - Approved 4/2/2013 Page VI-3

Employees are not permitted to directly supervise a relative. Direct or immediate supervision

includes, but is not limited to, any participation in the hiring decision, promotional decision,

work assignment decision, shift assignment decision, disciplinary decision or the evaluation

process of another employee.

For purposes of this section of the Employee Handbook, “relatives” is defined as a spouse, child,

parent, brother, sister, parent-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law,

aunt, uncle, niece, nephew and first cousin of current employees.

F. Reporting Arrests

Any employee of the County who has been arrested for any reason must report the arrest and

surrounding circumstances to his or her immediate supervisor within one (1) day of returning to

work. Failure to comply with this policy may result in disciplinary action. Supervisors are

required to forward the information to the Appointing Authority, Appointed Department Head

and Personnel Director.

VII. Safety and Health

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VII. Safety and Health

A. Introduction

Management’s job is to promote a smooth flow of services, free from any kind of interruption.

The County operates in a system consisting of employees, equipment, materials, government

structure, planning methods, etc. Losses due to unsafe practices or unsafe conditions are

evidence of an existing situation that, if uncorrected, could lead to repeated injuries, illnesses

and/or property damage. Any loss is an event which interrupts the smooth flow of profitable

services. It constitutes a failure somewhere in the system, either in planning or methods

application. The reasons for loss investigation are:

• To discover causes of work stoppage (what part of our system broke down and why); and

• To eliminate these causes in order to ensure uninterrupted services in the future.

Most people think of a loss or injury as strictly a liability. However, when investigated properly,

the knowledge obtained and utilized effectively can be turned into an asset. These investigations

can:

• Aid in the elimination of service breakdowns;

• Assist in improving methods and conditions;

• Be used to identify training needs;

• Demonstrate management’s concern for safety; and

• Add to the supervisor’s accumulated knowledge of his or her operation and management

responsibilities.

B. Responsibilities

1. Management Responsibilities

The County Commission, Appointing Authority and Appointed Department Heads are

responsible for the following:

a. Setting the safety and health policies and procedures;

b. Ensuring that sufficient, trained personnel are assigned to direct the safety and health

program;

c. Assigning and communicating safety and health responsibilities to managers and

supervisors;

d. Providing adequate authority and resources necessary for implementation of policies and

procedures;

e. Assigning accountability to managers, supervisors and employees so that safety and

health performance is evaluated as other aspects of job performance are evaluated;

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f. Assuring that production processes and safety and health protection are completely

integrated so that safety and health are part of the daily production activity within the

County;

g. Periodic reviews of the safety and health program and related policies, procedures and

practices, to ensure that they remain relevant and effective in participating and meeting

the stated goal and objectives; and

h. Participating in safety and health program activities on a regular basis.

2. Risk Management Departmental Responsibilities include the following:

a. Coordination and directing all activities related to the implementation of the safety and

health program;

b. Developing, documenting and maintaining all safety related programs, policies and

procedures as needed;

c. Conducting comprehensive worksite inspections on a regular basis for purpose of

identifying unsafe conditions and unsafe acts. Imminent danger items identified through

inspections will be corrected immediately, with other items being submitted to the

County Commission office as needed;

d. Assisting supervisors in the performance of Job Safety and Health Analysis (JSHA) in

the respective departments;

e. Developing and implementing safety and health awareness and communication

programs;

f. Participating in and reviewing accident/incident investigations for correctness of

informational and casual factors and for making recommendations relative to corrective

actions necessary to prevent a recurrence;

g. Conducting on-going evaluations of the safety and health program and instituting

changes as needed to ensure that the program remains relevant and effective;

h. Assist with the indoctrination of new employees as needed, relative to general safety and

health rules, policies, programs and procedures and advising of the personal protective

equipment necessary to do his or her jobs; and

i. Staying abreast on new developments and certifications in the field of safety and health

rules and accident prevention so that he or she can be an effective resource for everyone

connected to the program.

3. Supervisor Responsibilities include the following:

a. Conducting safety training/meetings in his or her departments on a regular basis;

b. In coordination with Risk Manager, conducting informal, continuous and on-going

inspections in his or her departments, as well as more formal comprehensive safety and

health inspections on a regular basis, for the purpose of identifying unsafe conditions and

unsafe acts;

c. Performing Job Safety and Health Analysis (JSHA’s) for all positions within his or her

departments with the assistance of the Risk Manager. JSHA is simply the study of job

related task and possible hazards and the implementation of methods to reduce the

identified hazards;

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d. Training new or transferred employees in safety and health issues relative to his or her

department and to the specific job assignment;

e. Consistent enforcement of all safety and health rules, policies, practices and procedures;

and

f. Encouraging all employees to use the personal protective equipment needed to be able to

safely do his or her job.

4. Employee Responsibilities include the following:

a. Complying with all established safety and health rules, policies, practices and procedures

and being active in his or her own safety and health protection;

b. Promptly reporting all work-related injuries and illnesses, regardless of severity and near-

miss incidents to the supervisor so that treatment can be rendered and investigations can

be conducted;

c. Promptly reporting any unsafe conditions, unsafe equipment or unsafe acts to supervision

immediately;

d. Proactively submit suggestions to management to improve safety and health;

e. Wearing and maintaining in good condition all personal protective equipment required

for his or her job;

f. Attending safety meeting and educational programs as directed by management; and

g. Submitting to random drug and alcohol testing in accordance with County policies and

procedures.

C. Loss and Safety Investigation

All investigations will start with the immediate supervisor. It is his or her system that broke

down. Also, he or she is usually the person who management expects will initiate the corrective

action needed to solve the existing problem. Others may be involved in the investigation and

corrective action due to the nature of the loss. The investigator’s attitude should be one of

positive fact-finding, not blame fixing. The positive attitude will assist in enlisting meaningful

contributions from witnesses, positive corrective action and follow-up to make sure the problem

was eliminated.

The investigation should take place immediately after the loss and a copy of the report turned

into the Risk Manager by the supervisor within twenty-four (24) hours of the accident or incident

(must turn in at a minimum, the completed First Report of Injury). Prompt investigation will help

ensure that physical conditions remain unchanged and employees involved are still available.

The fact will still be fresh in the participant’s mind, and witnesses will still remember what, how

and when it occurred. Whenever the cause is an unsafe condition, a copy of a completed work

order will be attached. If the cause was an unsafe act, written corrective action will be attached

as warranted.

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The “First Report of Injury Report” must be filled out by the employee’s supervisor and

not the injured employee who was involved in the accident.

D. Workers Compensation

All employees are protected under the State of Alabama’s Workers Compensation Law for

injuries and occupational diseases that result “out of and in the course of employment.” This

includes injuries that take place when the employee is performing tasks he or she was hired to

perform at times and in places where he or she was hired to work.

For all life threatening injuries or illnesses, please notify 911.

If an employee experiences an on-the-job, non-life threatening injury or illness, he or she is

required to:

1. Report the incident to his or her supervisor immediately;

2. Provide written notification of how the injury occurred to the supervisor within twenty-four

(24) hours;

3. Provide information to the supervisor so that the supervisor can complete the Alabama First

Report of Injury within twenty-four (24) hours from the time of the incident. The supervisor

will then send it to the Risk Manager;

4. All initial medical visits are made at one of the following clinics:

a. Industrial Medical Center located at 7901 Hwy 90, Suite 101 Daphne, Alabama 36526.

Follow up visits will be scheduled by the Industrial Medical Center as needed;

b. Coastal Health Institute located at 915 W. Laurel Ave. Foley, Alabama 36535. Follow

up visits will be scheduled by the Industrial Medical Center as needed; or

c. Infirmary Urgent Care located at 108 McMeans Ave. Bay Minette, Alabama 36507.

Follow up visits will be scheduled by the Industrial Medical Center as needed; and

5. In the event the Industrial Medical Center is closed, after hours non-life threatening medical

treatment may be sought at the following locations as deemed necessary by management:

a. North Baldwin Medical Center, in Bay Minette, Alabama; or

b. Thomas Hospital, in Fairhope, Alabama; or

c. South Baldwin Hospital, in Foley, Alabama.

All related follow up visits for treatment rendered at North Baldwin Medical Center, Thomas

Hospital or South Baldwin Hospital must be made at the Industrial Medical Center. At no time

will a referral to the employee’s personal physician be made by the emergency room doctor

in regards to workers compensation cases.

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6. Every employee injured on the job is required to:

a. Keep all scheduled appointments with physicians/therapist as scheduled;

b. Be aware that Baldwin County has a Temporary Transitional Duty program for all

employees. For more information on this program, please refer to the Baldwin County

Temporary Transitional Duty Policy;

c. Notify his or her supervisor immediately if the physician advises the employee not to

return to work, to work with restrictions and when he or she releases you to full duty; and

d. Give the supervisor a copy of the Return to Work and/or Work Restriction Form(s)

received from the physician. A copy must be given to the Risk Manager so that it may be

retained in the employee workers compensation file.

7. If an employee requires emergency medical treatment for “life threatening” injuries, he or

she should use the emergency room at any Baldwin County hospital. Only one (1) visit to the

emergency room will be covered by workers compensation per each work related incident.

Notification to Risk Management should be made immediately.

8. If there is a follow-up appointment required after the initial visit to the emergency room, then

the follow-up visit MUST be scheduled at the Industrial Medical Center. The employee’s

workers compensation case manager will assist the Risk Manager in scheduling this

appointment for the employee. The employee is not authorized to return to the emergency

room for follow-up treatment (i.e., removal of stitches, change of injury dressings, etc.).

9. Baldwin County has contracted with local pharmacies to charge medications for work-related

injuries after the following:

a. The employee has notified his or her supervisor and Risk Management of the injury;

b. The employee’s prescription has been approved for payment by Risk Management; and

c. The pharmacy has contacted Risk Management for authorization.

At no time should an employee go to their personal pharmacy or put workers

compensation prescriptions on their personal insurance.

10. If the employee’s authorized treating physician releases the employee to return to work with

specific temporary restrictions (i.e., transitional duty) and Baldwin County can provide a job

Only one visit to the emergency room will be covered by workers compensation. All

follow-up appointments must be seen at the Industrial Medical Center.

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within the recommended restrictions, he or she must return to work and attempt the

transitional duty. Transitional duty is offered at the will of the County and is only offered on

a temporary basis.

11. The employee’s authorized physician determines what transitional duty work is appropriate.

If clarification of transitional duty restrictions is needed, Risk Management should be

contacted. Failure to report for the assigned transitional duty work as authorized may result

in the employee having to use his or her sick or leave time to cover the employee’s absence.

An employee may qualify for benefits if Baldwin County cannot provide a job within the

restrictions given by the authorized physician.

12. Medical bills and temporary benefits will not be paid until Risk Management has received

the appropriate forms from the employee and his or her supervisor.

13. After the employee’s claim has been received in Risk Management, it will be submitted to a

workers compensation case manager, to determine whether it is approved. The employee will

be notified if a problem arises in the process of making that decision.

If a Workers Compensation claim is rejected as a Workers Compensation injury, it may be

applied to the employee’s medical insurance.

The goal is to process Workers Compensation claims as quickly and as fairly as possible while

providing the employee with the best medical care possible. The length of time required for

approval will vary for each claim.

14. All employees involved in a Workers Compensation Injury or a Liability Property Damage

incident will be required to receive a Post-Accident Drug Screen immediately after the

reported incident.

15.

Official medical records in regards to Workers Compensation and Drug Screen Testing

should only be maintained in the Personnel Department. At no time should any medical

information (personal protected health information) be retained at any other location other

than the Personnel Department, unless written consent has been otherwise given.

E. Workers Compensation Payments

The employee will be paid a full day’s pay for the day of the injury. The following three (3)

days can be charged to annual leave, sick leave or leave without pay. These “following three

You must return to work and attempt transitional (light) duty if authorized by your

treating physician. Failure to report for light duty may result in termination of

disability benefits.

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(3)” days will be reimbursed under the workers compensation benefits after the employee

remains off work for a period of twenty-one (21) calendar days. If an employee remains off of

work for a period of twenty-one (21) days, he or she must reimburse the county for “following

three (3)” days that was paid to the employee.

The only check an employee who has filed for workers compensation benefits will receive is a

check received from the workers compensation insurance carrier for Baldwin County.

While on workers compensation leave, the employee shall be placed in a leave without pay

status. The employee will not accumulate annual or sick leave while on workers compensation

leave.

All individual health insurance premiums paid by Baldwin County for an employee will remain

in force and continue to be paid by the County. All employees are required to continue to pay his

or her portion of health insurance premiums. Employees will be issued an invoice from the

Accounting Department.

If, while on workers compensation leave, the employee wishes to continue dependent coverage

or other items that are customarily deducted from his or her paycheck, the employee must

contact the Personnel Department for payment procedures. If payments are not submitted in a

timely manner, coverages are subject to cancellation.

An employee (who has depleted his or her sick, annual leave and FMLA) out on workers

compensation leave, who has reached “Maximum Medical Improvement (MMI),” shall be

terminated, if he or she does not return to work.

F. Transitional Duty

The Temporary Transitional Duty Policy is intended to support injured and ill employees who

have temporary restrictions due to work related injuries and are expected to return to his or her

regular assignments following recovery. This policy and procedure does not cover employees

with permanent restrictions and is offered at the will of the Baldwin County Commission and

may be terminated at any time. Each case presented for possible Temporary Transitional Duty

will be evaluated on case by case bases by the Personnel Director, Risk Manager, Appointing

Authority and respective Appointed Department Head.

1. Eligible Personnel.

The guidelines for eligible personnel are as follows:

a. Any probationary or permanent employee of Baldwin County;

b. A physician’s note detailing the employee’s temporary work restrictions is required to be

eligible for a Temporary Transitional Duty Assignment;

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c. Work restrictions are defined as physician specified work activities that are limited due to

an occupational illness or injury, regardless of whether the employee has lost time from

work or not (e.g. limited hours, limited functions, need for equipment, etc.);

d. The employee must provide his or her supervisor a physician’s note identifying

temporary work restrictions or time off, within one (1) business day of the employee’s

receipt of the note;

e. The supervisor is then responsible to notify his or her relevant Appointing Authority or

Appointed Department Head of the request for Temporary Transitional Duty; and

f. The relevant Appointing Authority or Appointed Department Head is responsible for

seeking approval from the Risk Manager and Personnel Director in order to authorize

Temporary Transitional Duty.

2. Non-Eligible Personnel.

The following are personnel who are ineligible:

a. Contractors, volunteers, inmates, interns or temporary employees;

b. Employees who have a common, contagious illness (e.g. cough, cold or flu) or an injury

that has no impact on the ability to perform his or her regular job duties (e.g. an employee

who works sitting at a desk and has a sprained ankle);

c. Employees on non-medical leave (e.g. military, bonding, etc.); or

d. Employees who have permanent restrictions that do not fall within the normal scope of

his or her job activities.

3. Identify Potential Eligible Employees.

The guidelines used to identify potential eligible employees are as follows:

a. The department supervisor shall identify an employee who has been, or will be, off work

due to an occupational injury or illness;

b. The employee shall self-identify by providing temporary work restrictions to his or her

department supervisor;

c. Clarification of restrictions may be needed; and

d. The relevant Appointing Authority or Appointed Department Head, Personnel Director

and the Risk Manager shall review medical records to identify potentially eligible

employees. This determination will be made on a case by case base, while considering

the best interest of the employee and Baldwin County during the evaluation.

4. Assess Work Restrictions and Develop Assignment.

The department should make every effort within five (5) working days or as early as possible, to

do the following:

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a. Provide a Temporary Transitional Duty Assignment, if feasible, for all work related

injuries. The department director must email the proposed Temporary Transitional Duty

Assignment and its duration to the Personnel Director and the Risk Manager;

b. Request assistance in the development of the Temporary Transitional Duty Assignment.

Assistance from the Personnel Director and the Risk Management may include

clarification from the medical provider, a need for equipment beyond internal resource

availability, assessment of possible alternate job duties or special projects or an

assessment of the appropriateness of the modification; and

c. Notify the Personnel Director and the Risk Manager if at any time the department is

unable to provide a Temporary Transitional Duty assignment.

5. Communication of Assignment to Employee.

The department will discuss the Temporary Transitional Duty assignment with the employee.

Assignments are determined based upon the employee’s temporary work restrictions, skills, the

duration of time required for the assignment and the needs of the department. The employee will

act in accordance with the duties assigned in a Temporary Transitional Duty assignment. The

refusal to do so may result in the loss of workers compensation wage replacement benefits, in

accordance with state law or long-term disability benefits.

6. Completion of Temporary Transitional Duty Letter.

The relevant Appointed Department Head is responsible for the following:

a. Completing the Letter of Temporary Transitional Duty Assignment (TTD) along with the

Personnel Director and Risk Manager;

b. Sending a copy of the TTD Letter to the immediate supervisor, the Personnel Director

and to the Risk Manager;

c. Making certain that the employee begins his or her work in that assignment once the TTD

letter is completed;

d. Meeting with the Risk Manager for a discussion of the Temporary Transitional Duty

Assignment; and

e. Meeting with the employee for a discussion of the Temporary Transitional Duty

Assignment.

7. Work Restrictions and Assignment Modification.

The relevant department head is responsible for:

a. Monitoring the assignment and the employee for compliance;

b. Re-assessing the assignment upon any change of temporary work restrictions or as the

needs of the department change. This will also require a new TTD Letter.

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The employee is responsible for providing within one (1) business day, any medical

documentation detailing the revised temporary work restrictions to the department designee, if

the temporary work restrictions change at any time during the current assignment.

8. Duration of Assignment.

a. The duration of the Temporary Transitional Duty Assignment for occupational illnesses

or injuries will be up to ninety (90) days, as the needs of the department allow;

b. For any change in duration or temporary work restrictions, the department must complete

a new Letter of Temporary Transitional Duty Assignment; and

c. The duration shall not exceed ninety (90) days from the original date of the Temporary

Transitional Duty Assignment, without approval from the relevant Appointed Department

Head, Personnel Director and the Risk Manager.

9. Extension of Assignment.

Consideration for extensions may be considered for occupational illness or injury. An extension

beyond ninety (90) days may be granted with approval from the relevant Appointing Authority

or Appointed Department Head, Personnel Director and the Risk Manager. In no event shall

Temporary Transitional Duty Assignments exceed three hundred and sixty-five (365) days for an

occupational illness or injury.

10. Extension Requirements.

In order for an extension to be considered, the following requirements must be made:

a. The department and the employee both request an extension;

b. The employee has made progress in transitioning back to the regular assignment during

his or her ninety (90) day Temporary Transitional Duty Assignment; and

c. The extension is for a specific, short period of time due to the employee’s medical

physician indicating that the employee is progressing as expected toward returning to

work in his or her regular assignment.

11. Transitional Duty Assignment Termination.

The Temporary Transitional Duty Assignment will terminate at any time, if the needs of the

department change or when a department determines that the employee is not acting in

accordance with the stated restrictions or is unable to perform the duties as assigned within the

stated restrictions.

The Temporary Transitional Duty Assignment will terminate at any time, if the physician:

a. Releases the employee to full duty without restrictions;

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b. Removes the employee from work; or

c. Indicates the employee has permanent restrictions.

Where restrictions are permanent, Appointing Authority and Appointed Department Heads

should refer to the Personnel Director and Risk Manager for additional guidance and directives.

The Temporary Transitional Duty Assignment automatically terminates at the end of the

approved assignment, unless an extension has been requested and approved per the policy. If the

department is terminating the Temporary Transitional Duty Assignment prior to the agreed upon

end date, the Appointing Authority and Appointed Department Head shall give the employee as

much notice as possible. Early agreement termination must be approved by the relevant

Appointing Authority and Appointed Department Head, Personnel Director and the Risk

Manager.

12. Dispute Resolution.

In the case of disputes regarding the denial of a temporary transitional duty assignment or the

denial of an extension of a transitional duty assignment, the employee or department may follow

the grievance procedure as shown in section II.B Equal Employment Opportunity/Employment

Grievance Procedures.

G. General Safety and Health Rules

The Baldwin County Commission makes every effort to provide a work place free of recognized

hazards. The Baldwin County Commission, therefore, reserves the right to amend, modify or

rescind any provisions contained herein. These general rules are for guidance. Employees must

be familiarized with every rule set forth herein.

Because of the variation in the work in the departments, it is impossible to include in this

handbook all the rules governing safety of operations. Rules that apply to specific operations or

departments will be brought to the employee’s attention by his or her supervisor. The following

are examples of such rules but are not all inclusive.

H. Safety Rules

1. Only approved safety equipment will be used in the performance of an employee’s official

duties. Safety glasses/goggles, steel-toed safety boots, ear plugs and hard hats are required to

be worn in certain areas as a condition of employment. All steel-toed boots shall be sturdy

work boots only. The adequacy or type of protection required must be commensurate with

the potential hazard of each job assignment. This will be determined by the Job Safety and

Health Analysis (JSHA) that will be conducted for the specific job title.

2. A face shield or safety glasses are required when employees are using a grinder, weed eater,

lawnmower, trimmer, chainsaw, mulcher, chipper, etc., or when performing other operations

where sparks or small pieces of debris can become airborne.

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3. Any employee welding must use a welding shield. Any employee using a torch must wear

the appropriate shaded lens or shield.

4. Never operate any piece of equipment, machine, crane, tractor, forklift, etc., unless trained

and instructed to do so.

5. Never operate a machine unless all guards are in place. If a guard is missing or in need of

repair, it is the employee’s responsibility to notify his or her supervisor immediately.

6. Report unsafe acts and unsafe conditions to the department supervisor immediately.

7. Be sure the machine has stopped running before it is cleaned or adjusted. Follow the

guidelines set forth by OSHA for de-energizing equipment.

8. Always wear leather chaps when operating a chainsaw.

9. Long pants/trousers are required to be worn while operating weed-eaters, trimmers, saws,

lawnmowers, etc., in order to help reduce the number of injuries associated with the

operation of such equipment.

10. At no time should any part of the body be placed in a potential area that may result in contact

with moving machinery.

11. At no time is an employee permitted to climb on, walk on, stand on or jump over machinery

or other equipment in contravention or violation of the safety and/or operations manual for

the machinery or equipment.

12. At no time should an employee use defective tools or equipment. Always inspect any tool or

piece of equipment about to be used. If a tool or piece of equipment is defective, it is the

employee’s responsibility to notify his or her supervisor immediately. Always use the proper

tool for the job. Do not use tools with mushroomed heads. All files must have handles.

13. Only authorized employees are permitted to service or maintain electrical equipment.

14. All aisles, walkways, gates, etc., must be kept clear of debris at all times.

15. Never turn compressed air on yourself or anyone else. Do not clean your person or clothing

with compressed air. As little as four pounds of air pressure can rupture an eyeball or an

eardrum. Employees must always properly wear a face shield when using compressed air.

16. Lift the right way to avoid strain. Bend at the knees, keep the body erect and then push

upward with the legs. Never lift any item that is too heavy. Get help.

17. Employees are prohibited from riding on the forklifts, cables, slings or any other part of any

machine or crane. Only authorized personnel are permitted to operate forklifts and other

powered industrial trucks. The operator is the only person authorized to ride on a forklift or

powered industrial truck.

18. Any employee who is in a man lift or basket of any kind must properly wear a safety harness

and lanyard while in the basket or man lift.

19. Never walk or stand under a suspended load.

20. Do not use lifting slings, hooks or chains without inspecting them first. If faulty, do not use

them. Employees must contact their supervisor for proper inspection procedures or to report

faulty equipment. Do not use “homemade” slings, hooks, or other lifting devices for any load

bearing purpose. Slings and chains should have a manufacturer tag or label on them, which

tells the date the item was made and its rated load capacity. Homemade lifting devices such

as hooks and slings are not to be used.

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21. Never use a makeshift or defective scaffold.

22. Gloves must be worn when working on jobs that present hand hazards.

23. All employees who are working from an elevated platform of any kind over six (6) feet high

without the proper guard rails installed are required to properly wear fall protection

equipment.

24. Only authorized employees are allowed to enter a confined space at any time.

25. Each employee working in or on a piece of equipment that is required to be locked out must

attach his or her own individual lock out device to the machinery or equipment.

I. Health Rules

1. In case of injury, no matter how slight, immediately report it to the department supervisor.

2. Keep the work place clean. Put all rags, trash, cups and waste in containers provided for that

purpose.

3. All personnel who are required to wear a respirator must successfully pass a PFT (Pulmonary

Function Test).

4. All personnel who wear a respirator or dust mask are required to be clean-shaven at the time

that the respirator or dust mask is used.

5. Use extreme care in handling all chemicals.

6. If you work in oil or toxic combustibles, be particular about washing and scrubbing your

hands.

J. Fire and Environmental Rules

1. Report any fire or emergency immediately to the department supervisor.

2. All employees are to be familiar with emergency exits, emergency evacuation meeting areas

and firefighting equipment such as fire extinguishers. Fire extinguishers are located

throughout County buildings. These extinguishers have instructions on how to operate the

extinguisher and for what type of fire they are designed to be used.

3. Never block an exit or firefighting equipment.

4. All flammable liquids must be maintained in approved containers. All bulk flammable

material must be stored in a flammable storage locker or equivalent.

5. All containers must be labeled as to its contents.

6. Rags saturated with flammables must be kept in approved safety containers.

7. Never pour oil, flammable liquids or other unauthorized chemicals into any sewer or drain.

8. Smoking is prohibited in restricted areas.

9. Employees should strive to protect the environment, minimize waste, meet all established

environmental goals and objectives and strive for continuous improvement.

10. In the event of a chemical or oil spill, please notify the department supervisor immediately.

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Violation of any safety, health, fire or environmental rule may result in appropriate

corrective action that may vary from a verbal warning to termination of employment,

depending on the seriousness of the violation.

K. Alcohol and Drugs – Drug Free Workplace Policy

The Baldwin County Commission is committed to providing a safe working environment for all

employees while serving the citizens of Baldwin County. The Baldwin County Commission

recognizes that any employee who improperly uses intoxicating substances, including drugs and

alcohol, poses a serious threat to his or her self, his or her coworkers and to the public in general.

Even small quantities of narcotics, abused prescription or over-the-counter drugs or alcohol can

impair judgment and reflexes. This impairment can have dire results, particularly for employees

operating vehicles or potentially dangerous equipment.

It is therefore the policy of the Baldwin County Commission that all employees or any

person performing any kind of work for Baldwin County Commission must report to work

completely free from alcohol, illegal or unauthorized drugs or any other substances that

may have a mind-altering or intoxicating effect or otherwise impair the employee’s

judgment, reaction times or functioning.

The County also prohibits all employees from using, possessing, manufacturing, distributing or

making arrangements to distribute alcohol, illegal or unauthorized drugs or any other

intoxicating substances while at work or on or about any county property.

In order to avoid creating safety problems and violating this policy, employees must inform his

or her supervisor when he or she is legitimately taking any medication, including prescription

drugs or over-the-counter medications, which affects his or her ability to work. Employees

whose job performance may be affected by such medications may be required to provide a

fitness-for-duty certification before being allowed to resume their job duties.

Any employee who violates this policy in any way shall be immediately removed from his or her

job duties and shall be subject to discipline, up to and including immediate termination.

No part of this policy shall be construed to create a contract of continued employment or to

confer upon any employee or applicant a property interest in his or her employment. The County

maintains the right to change this policy at any time without notice. To the extent that any

portion or provision of this policy and procedure conflicts with any applicable federal or state

laws or regulation, such federal or state laws or regulations will be controlling.

The Baldwin County Commission has designated the Risk Manager as the Drug Program

Coordinator. If you have any questions or concerns regarding this policy or its application,

please contact him or her at: (251) 937-0265.

Employees of the Baldwin Rural Area Transportation System (BRATS) are subject to ALDOT

Substance Abuse Regulations, unless the County’s policies are more stringent, in which case the

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County’s policy would apply.

1. Definitions.

a. “Accident” means any on the job accident. “Accident” includes vehicular accidents as

well as any acts or omission causing an accident or injury to any person or damage to any

equipment or property belonging to the County.

b. “Administrator” means the person or entity that implements drug testing on employees

and applicants.

c. “Alcohol” means distilled or fermented beverage containing ethyl alcohol, including, but

not limited to, beer and wine.

d. “Chain of Custody” means procedures implemented by the Baldwin County Commission

for the identification and integrity of each urine specimen. The Baldwin County

Commission requires the person responsible for policy implementation to track the

handling and storage of each urine specimen from the point of specimen collection to

final disposition of the specimen. These procedures include an appropriate drug testing

chain of custody form to be used from time of collection to receipt by the testing

laboratory. Chain of custody forms shall document the date and purpose of each time a

specimen is handled or transferred and shall identify every individual in the chain of

custody.

e. “Collector” means a person who instructs and assists tested employees and applicants for

eligible positions at a collection site and who receives and makes an initial examination

of the urine specimens. The collector shall have successfully completed training to carry

out this function or shall be a licensed medical professional or technician who shall be

provided instructions for collection under this procedure and certifies completion as

required herein. In any case, where a collection is observed or monitored by non-medical

personnel, the collector shall be a person of the same gender as the employee or

applicant.

f. “Collection Site” means a place designated by the Baldwin County Commission where

employees present themselves for the purpose of providing a specimen of their urine to

be analyzed for the presence of specified controlled substance and alcohol. The site will

possess necessary personnel, materials, equipment facilities and supervision to provide

for the collection, security, temporary storage and transportation or shipment of the

samples to a laboratory.

g. “Controlled Substance” means any substance defined or classified as a controlled

substance according to federal or state law. Title II of the Comprehensive Drug Abuse

Prevention Act of 1970 (Controlled Substance Act), as it is amended from time to time,

provides the basic standard. Controlled substances include, but are not limited to, any

and all forms of marijuana, stimulants or hallucinogens the sale purchase, transfer, use or

possession of which are prohibited or restricted by law.

h. “County” means Baldwin County.

i. “DOT Employee” is an employee who is subject to the rules and regulations of the

United States Department of Transportation regarding drug and alcohol testing because

of the job duties that he or she performs.

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j. “Drug Program Coordinator” is the person designated by the Baldwin County

Commission to ensure compliance with this Policy, including, but not limited to, ensuring

that proper testing procedures are followed, ensuring that the lab(s) used by the Baldwin

County Commission are properly certified and ensuring that the Medical Review Officer

is properly credentialed. The name and contact information of the Drug Program

Coordinator will be distributed to all employees.

k. “Employer Premises” includes all property owned, leased, used or under the control of

Baldwin County Commission, including, but not limited to, the job site of any employee,

structures, building offices, facilities, vehicles and equipment or transportation to and

from those locations while in the course and scope of County employment.

l. “Employee” means any and all employees of the Baldwin County Commission.

m. “Illegal/Unauthorized Drug” means any drug (1) which is legally obtainable but has not

been legally obtained or, even if legally obtained, is not being used in accordance with

instructions given either by a physician or, if over-the counter, on the drug’s label; or (2)

all illegal drugs, including, but not limited to, methamphetamine, marijuana, cocaine, etc.

n. “Intoxicating Substance” means any substance, whether legal or illegal, that may have an

intoxicating or mind-altering effect when ingested, snorted, smoked or otherwise

introduced into the body. Intoxicating substances include, but are not limited to, “bath

salts,” nitrous oxide, glues, solvents or herbs or other plants such as salvia.

o. “Legal Drug” means prescribed drugs and over-the-counter drugs which have been

legally obtained and are being used appropriately for their intended purpose in

accordance with directions given either on the label or by employee’s treating physician.

p. “Possession” means actual or constructive care, custody, control or immediate access.

q. “Under the Influence” means being unable to perform work in a safe and productive

manner; being in a physical or mental condition which creates a risk to the safety and

well-being of the individual, other employees or the public; and/or having any laboratory

evidence of the presence of drugs, alcohol, prohibited or controlled substance in the

employee’s body.

r. “Medical Review Officer” (MRO) means a licensed physician (medical doctor)

responsible for receiving laboratory results generated by the county’s drug testing

program. The MRO shall have knowledge of substance abuse disorders and have

appropriate medical training to interpret and evaluate an individual’s confirmed positive

test result, together with his or her medical history and any other relevant biomedical

information.

s. “Random Selection Process” is the process used to ensure that each employee holding a

safety-sensitive position has an equal chance of being drug-tested every time that random

drug tests are conducted. This process means that some employees may be tested

multiple times in any given year.

t. “Reasonable Cause” means that the County believes the actions or appearance or conduct

of an employee on duty are indicative of the use of a controlled substance or alcohol.

u. “Safety-Sensitive Employees” are those persons who are subject to random drug and

alcohol testing. These employees include, but are not limited to, persons who inspect,

service, repair or maintain a vehicle or other heavy equipment, operate or load a vehicle

or heavy equipment, use tools, including both power and hand tools, that have the

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capacity to injure any person and those who are authorized to carry weapons of any kind.

An employee is engaged in a safety-sensitive function at all times from the time that an

employee begins to work or is required to be in readiness to work until the time he or she

is relieved from work and all responsibility for performing work.

2. Persons Subject to Testing.

The following employees have been designated by the Baldwin County Commission to submit at

any time to be tested for illegal drug abuse and alcohol abuse:

a. All employees who hold positions or regularly perform duties that have been designated

to be “safety sensitive” by the Baldwin County Commission;

b. Any employee who, during the course of said employee’s employment, is involved in an

accident causing physical injury to any person or damage to any property; and

c. Any employee, regardless of whether he or she holds a safety sensitive position, whose

conduct, behavior or physical symptoms establishes reasonable cause to believe that said

employee is under the influence of any drug and/or alcohol while performing his or her

job duties or while being physically present on the premises of the Baldwin County

Commission’s property during any activity sponsored, supervised or in which the

Baldwin County Commission participates.

3. Types of Testing.

Pursuant to Baldwin County Commission’s policy and procedures, employees will undergo

testing as follows:

a. PRE-EMPLOYMENT TESTING: All employees applying for a position that has been

designated as safety-sensitive will be required to submit to a pre-employment drug and

alcohol test before a final offer of employment is extended. All pre-testing offers of

employment to such persons are explicitly conditioned on the employee successfully

taking and passing the drug and alcohol test. Pre-employment testing will also be done

when an employee transfers from a non safety-sensitive position to a safety sensitive

position;

b. RANDOM TESTING: All employees holding safety-sensitive positions will be subject

to testing on a random basis without advance notice to them;

c. REASONABLE CAUSE TESTING: Baldwin County Commission may schedule a

drug/alcohol test when behavioral observations indicate to the employee’s supervisor that

any employee may be involved in illegal use of a controlled substance, use of alcohol or

abuse of legal drugs. Before testing, the employee’s supervisor shall either (1) contact

another supervisor to observe the employee’s behavior and to concur with the decision to

test the employee or (2) review the employee’s behavior with another supervisor to

obtain concurrence with the decision to test the employee. The employee shall be

promptly escorted to the collection site for testing by the employee’s supervisor or

designee;

d. Employees arrested or convicted for the off-the-job use or possession of illegal or

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controlled substances shall undergo testing to assist Baldwin County Commission in

determining fitness for duty. If the employee tests positive, the Baldwin County

Commission shall discharge the employee;

e. POST ACCIDENT TESTING: All employees are required to report all injury or damage

related accidents and submit to a post-accident drug/alcohol test as set out in this policy.

Each employee whose performance either contributed to the accident or cannot be

completely discounted as a contributing factor to the accident shall be subject to testing.

The employee’s supervisor or his designee shall schedule the drug screening test

immediately following a reportable incident or a reportable accident; and

f. RETURN-TO-DUTY TESTING: If an employee has violated the prohibited drug and

alcohol rules, he or she must take and pass a drug and alcohol test before returning to

work. Further, any employee who has violated the prohibited drug and alcohol rules is

required to take a drug and/or alcohol test before returning to safety-sensitive functions

for any DOT regulated employer and is also subject to unannounced follow-up testing at

least six (6) times in the first twelve (12) months following a return to active safety-

sensitive service.

Any and all drug testing conducted by the Baldwin County Commission will not be used to

identify the existence of any disability.

In the event there is reasonable suspicion of a violation of this policy, the Baldwin County

Commission also reserves the right to search all property, cabinets, tool boxes, vehicles,

including personal vehicles brought onto Baldwin County Commission’s property or any other

property on the Baldwin County Commission’s property, under control of any employee or in the

personal vehicle of any employee and located on the Baldwin County Commission’s property

and used by said employee in commuting to work or in that employee’s duty as an employee.

4. Safety Sensitive Employees.

Employees are considered to be “safety-sensitive” when his or her job duties regularly require

them to engage in activities that have the potential to cause physical injury to themselves or

others or to cause serious property damage. Such activities include, but are not limited to:

a. Maintaining or repairing motor vehicles or heavy equipment, including, but not limited

to, bulldozers, tractors and riding mowers;

b. Maintaining or repairing tools that have the capacity to seriously injure the user or

another person, including, but not limiting to, chainsaws or weed-eaters;

c. Regularly operate motor vehicles or heavy equipment as part of his or her job duties,

including equipment such as tractors or riding mowers for which licensure is not required

by the State of Alabama;

d. Regularly operate tools that have the capacity to seriously injure the user or another

person;

e. Loading and unloading vehicles or heavy equipment;

f. Any activity related to the safe operation of a mass transit system, including dispatching

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vehicles;

g. Carrying any weapon or object for the purpose of performing job duties that could

reasonably be used as a weapon, including, but not limited to, firearms, knives, machetes,

blades, tasers or batons;

h. Answering emergency calls and/or directing the provision of emergency services; or

i. Providing emergency medical services.

A list of positions that have been designated as safety sensitive by Baldwin County is available

for view in the Personnel Department. Some safety-sensitive positions are specifically subject to

regulation by the Department of Transportation (DOT). These positions are indicated by an

asterisk. An accredited testing laboratory will maintain two (2) different random testing pools,

including one pool for persons specifically subject to regulation by DOT and one (1) pool for all

other safety-sensitive employees.

All employees are subject to drug and alcohol testing when there is reasonable cause to believe

that they have violated this policy and after any accident involving physical injury or serious

property damage. However, employees who have been designated as safety-sensitive are also

subject to pre-employment testing and random testing. Random drug tests can be performed any

time a safety-sensitive employee is on duty. An alcohol test can be performed when the safety-

sensitive employee is performing a safety sensitive duty, just before or just after the performance

of a safety sensitive duty.

In addition, employees occupying positions deemed to be “safety-sensitive” must promptly

report any arrests, charges or convictions for drug or alcohol related criminal offenses, including

both misdemeanors and felonies, to his or her supervisor. FAILURE TO REPORT SUCH

ARRESTS, CHARGES or CONVICTIONS MAY BE GROUNDS FOR DISCIPLINE, UP TO

AND INCLUDING IMMEDIATE DISMISSAL.

5. Necessity of Compliance with Testing Requirements.

All employees are subject to reasonable suspicion and post-accident testing as a condition of his

or her employment. In addition, all safety-sensitive employees will be subject to pre-employment

and random urine drug test and breath alcohol testing as a condition of employment.

Any employee who refuses to take a drug and/or alcohol test to which he or she is properly

subject shall be considered to have a verified positive test result. An employee who has a

verified positive test result, including by refusal, shall be immediately removed from his or her

duties and may be subject to immediate termination. In addition, any employee subject to DOT

regulations will receive educational and rehabilitative information and a referral to a Substance

Abuse Professional.

Refusals can include a variety of behaviors, including the following:

a. Failure to appear for any test (except for pre-employment) within a reasonable time, as

determined by the Baldwin County Commission;

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b. Failure to remain at the testing site until the testing process is complete;

c. Failure to provide a urine specimen for any required drug test;

d. Failure to permit the observation or monitoring of the specimen collection when required

to do so;

e. Failure to provide a sufficient amount of urine when directed without an adequate

medical explanation for this failure;

f. Failure to take a second test when directed to do so by the Baldwin County Commission

or collector;

g. Failure to undergo a medical examination when directed to do so by the MRO or the

Baldwin County Commission;

h. Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets

when directed by the collector, behave in a confrontational way that disrupts the

collection process or fail to wash hands after being directed to do so by the collector);

i. Failure to follow the observer’s instructions during an observed collection, including

instructions to raise clothing above the waist, lower clothing and underpants and to turn

around to permit the observer to determine if there is any type of prosthetic or other

device that could be used to interfere with the collection process;

j. Possess or wear a prosthetic or other device that could be used to interfere with the

collection process;

k. Admit to the collector or MRO that the specimen has been adulterated or substituted;

l. Failure to sign step two (2) of the alcohol test form; or

m. Leaving the scene of an accident without a valid reason before post-accident tests has

been completed. Failure to remain "readily available."

6. Off Duty Conduct.

Off-the-job use of drugs, alcohol or any other prohibited substance which results in impaired

work performance, including, but not limited to, absenteeism, tardiness, poor work product or

harm to the County’s image, tasks or government is prohibited. Employees should realize that

these regulations prohibit all illicit drug use, on and off duty.

7. Prescription Drugs.

The proper use of medication prescribed by a physician is not prohibited; however, the Baldwin

County Commission prohibits the misuse of prescribed and/or over-the-counter medications or

other intoxicating substances and requires all employees using drugs at the direction of a

physician to notify the Baldwin County Commission’s Medical Review Officer (MRO) or their

Drug Program Coordinator, when these drugs may affect his or her job performance, such as by

causing drowsiness. Employees may not perform safety-sensitive functions while using any

controlled substances, unless the employee’s physician certifies that the substances will not

adversely affect the employee’s ability to perform his or her job.

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8. Pre-Employment.

All safety-sensitive applicants shall undergo urine drug testing prior to performing safety

sensitive duties. This requirement also affects employees not in safety-sensitive positions who

seek reclassification into a safety-sensitive position. Receipt by the Baldwin County Commission

of a negative test result is required prior to performing safety sensitive duties in a covered

position. A cancelled test result is not acceptable and must be retaken. If the applicant has a

positive pre-employment drug test, he or she cannot be hired for a safety sensitive position.

A negative result on a pre-employment test by a job applicant is valid for thirty days. If a current

covered employee has not performed a safety sensitive duty for ninety (90) days or longer and

has been removed from the random pool, the employee must submit to a new pre-employment

test and receive a negative result before resuming safety-sensitive duties.

A MRO may report negative pre-employment rest results for individuals who are unable to

provide sufficient volume due to permanent disability, but has a medical evaluation that indicates

no chemical evidence of illegal drug use.

All applicants for safety-sensitive positions will be notified in writing that they will be required

to undergo pre-employment/reclassification drug testing prior to his or her employment and that

they will be subject to drug and alcohol testing throughout the period of his or her employment.

Applicants will acknowledge in writing his or her understanding of these provisions for his or

her application and employment. The Baldwin County Commission will retain on file the

negative drug test results of all new hires.

In addition to undergoing pre-employment testing, applicants for a safety-sensitive position will

be asked to sign forms for release of information from any previous employer for whom the

applicant performed safety sensitive functions. Failure to sign this form will result in not being

hired. When a covered applicant has previously failed a pre-employment drug test with a prior

employer, the employee must present proof of having successfully completed a referral,

evaluation and treatment plan.

9. Reasonable Cause.

All employees (whether or not safety-sensitive) will be required to submit to screening whenever

a supervisor observes circumstances which provide reasonable cause to believe an employee has

used a controlled substance or has otherwise violated the substance abuse rules. Examples of

circumstances that may establish reasonable cause to warrant testing include supervisor

observation, co-worker complaints, performance decline, attendance or behavior changes,

involvement in workplace or vehicular accident or other actions which indicate a possible error

in judgment or negligence or other violations of the drug or other Commission policy. Before

testing the employee, another supervisor shall be contacted to observe the employee’s behavior

and to concur with the decision to test the employee or the observing supervisor will review the

employee’s behavior with another supervisor either face to face or via telephone to obtain

concurrence with the decision to test the employee. The documentation of the employee’s

conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the

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observed behavior or before the results of the test are released, whichever is earlier.

Upon the reasonable suspicion determination being made, the Baldwin County Commission shall

ensure that the employee is transported immediately to a collection site for the collection of a

urine sample. The employee shall be counseled not to drive a vehicle and a supervisor shall

provide transportation for the employee to the collection site.

All persons designated to make a determination that reasonable suspicion exists to require an

employee to undergo testing under this provision shall receive at least sixty (60) minutes of

training on both alcohol and controlled substance use. The training shall cover the physical,

behavioral, speech and performance indicators of probable alcohol misuse and use of controlled

substances.

Any employee refusing to submit to reasonable suspicion testing or any employee having a

positive drug and/or alcohol test will be terminated.

10. Random Testing.

The Baldwin County Commission will conduct random unannounced screening of all designated

employees at unannounced times throughout the year. An accredited laboratory will maintain

two (2) computerized random testing pools including one DOT pool and one non-DOT pool.

There will be no maximum number of samples that any one individual will be required to

provide during the testing schedule in either pool.

Employees will be required to report to the designated collection site for testing as soon as

possible, but in no case later than two (2) hours following notification. Failure to report for

drug/alcohol screening within two (2) hours of notification will be treated as a positive test

result.

11. Post Accident Testing.

Employees are required to immediately notify the Drug Program Coordinator or designee of any

accident resulting in injury or damage to any County property or personnel.

Each employee whose performance either contributed to the accident or cannot be completely

discounted as a contributing factor to an accident shall provide a urine specimen to be tested for

the use of controlled substances and/or alcohol as soon as possible after the accident, but in no

case later than eight (8) hours for alcohol testing and thirty-two (32) hours for drug testing.

Employees will be required to undergo urine drug and breath alcohol testing if they are involved

in an accident that results in a fatality. A post-accident test will also be conducted in situations

where there is no fatality but the following occurs: (1) an individual requires immediate

transport to a medical treatment facility as a result of collision or non-collision; (2) any time one

or more vehicles incur disabling damage that prevents any of the vehicles involved from leaving

the scene of the occurrence in his or her usual manner in daylight after simple repairs; or (3) with

respect to any occurrence in which a vehicle including a mass transit vehicle (rail car, trolley car,

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trolley bus or vessel) is removed from operation. In a non-fatal accident as previously described,

post-accident testing will be conducted, unless the operator’s performance (and any other

covered employees whose performance could have contributed to the accident) can be

completely discounted as a contributing factor to the accident as determined by the Baldwin

County Commission using the best information at the time of the decision. In addition, drug

screening and alcohol screening will be required for any driver receiving a citation for any

moving violation resulting from an accident.

After notification of any accident, the County will arrange for the employee to be taken as soon

as practicable to collection site designated by County. The supervisor or designee will schedule

the employee and assure that he or she is tested the same day as the reportable accident, if

possible.

If an employee is injured, unconscious or otherwise unable to evidence consent to the drug test,

all reasonable steps must be taken to obtain a urine sample. A supervisor may elect not to test

under these circumstances, but such a decision must be made based upon information received as

a result of an investigation of the accident. Nothing in this document should be construed to

require the delay of necessary medical attention for injured people following an accident or

prohibit a driver from leaving the scene of an accident for the period necessary to obtain

assistance in responding to the accident or to obtain necessary emergency medical care.

Any employee subject to post-accident testing must refrain from consuming alcohol or taking

any controlled substance for eight (8) hours following an accident or until he or she submits to an

alcohol test, whichever comes first. As stated above, the employee will be tested not to exceed

eight (8) hours following an accident for alcohol and not to exceed thirty-two (32) hours post-

accident for drug testing. If there is a delay of greater than two (2) hours for an alcohol test, a

reason must be given in writing, retained in a file for possible later referral and the employer

must still attempt to administer an alcohol test for up to eight (8) hours following the accident or

until the employee undergoes a post-accident alcohol test.

An employee who is subject to post-accident testing must remain available and follow these

guidelines or the County may consider the employee to have refused to submit to testing.

The Commission will discipline or terminate any employee who fails to report an accident or

submit to substance screening where required by law or this policy. The Drug Program

Coordinator shall ensure that an accident report is filed in compliance with Commission policy

and applicable laws and regulations.

12. General Testing Procedures.

The Baldwin County Commission will contract with a properly certified testing laboratory that

will ensure that all proper testing procedures are followed in accordance with this Policy and all

applicable laws. The following is a list of the general procedures that will be followed for all

drug and alcohol testing, regardless of the reason why the test is being performed:

a. All testing procedures, including collections, will be performed by certified technicians

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and/or laboratories;

b. Upon arrival at the collection site, the employee must provide proof of identification.

The employee will be required to read and sign the controlled substance testing consent

form provided by the County. The signature shall be witnessed by the collector.

Acceptable proof of identification shall be a current driver’s license, with photo, other

form of picture identification or identification by a County representative;

c. The employee shall complete a drug testing custody and control form;

d. The Drug Program Coordinator shall notify the employee directly of the results of any

positive drug test in order to give the employee an opportunity to challenge the findings.

The County may, but shall not be required to, reanalyze the employee’s original sample

to clarify the findings;

e. Controlled substance testing must follow split sample procedures. Under this provision,

an employee whose urine sample has tested positive for a controlled substance has the

option of having the other portion of the split sample tested at another laboratory. The

employee must notify the County within seventy-two (72) hours after notification of a

positive sample that he or she desires a retest under this provision;

f. If a split sample test produces a negative result or if they second portion is not available,

the test is considered negative, and no sanctions will be imposed; and

g. All persons who receive information by County regarding drug tests shall maintain this

information on a confidential basis.

Both the Baldwin County Commission and the laboratory shall rely, when practical, on the

guidance of the Federal Department of Transportation’s procedures for transportation workplace

drug testing programs.

13. Substances Tested For.

DOT employees will regularly be tested for:

• Marijuana (THC Metabolite);

• Cocaine;

• Amphetamines;

• Opiates (including heroin);

• Pheneyefidine (PCP); and

• Alcohol

Non DOT-employees may be tested for other substances without advance notice. DOT

employees may also be separately tested for other substances without advance notice by the

County for safety purposes. Such tests will be coordinated with the Drug Program Coordinator.

14. Collection Sites.

The Baldwin County Commission will designate a collection site in a reasonably accessible

location.

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15. Collection Procedures.

Drug testing is conducted by analyzing an employee’s urine specimen. The analysis is

performed at laboratories certified and monitored by the Department of Health and Human

Services (DHHS). The employee provides a urine specimen in a location that affords privacy.

The collector seals and labels the specimen, completes a chain of custody document and prepares

the specimen and accompanying paper work for shipment to a drug-testing laboratory. The

specimen collection procedures and chain of custody ensures the specimen’s security, proper

identification and integrity is not compromised.

Split specimen procedures:

a. Each urine specimen is subdivided into two bottles labeled as a “primary” and a “split”

specimen;

b. Both bottles are sent to a laboratory;

c. Only “primary” specimen is opened and used for analysis;

d. “Split” specimen remains sealed and stored at the laboratory;

e. If the “primary” specimen confirms the presence of illegal, controlled substances, the

employee has seventy-two (72) hours to request in writing the “split” specimen be sent to

another DHHS certified laboratory for analysis;

f. If it is positive for one (1) or more of the drugs, then a continuation test is performed for

each drug using state-of-the-art gas chromatography/mass spectrometry (“GC/MS”)

analysis; and

g. GC/MS confirmation insures that over-the-counter medications or prescriptions are not

reported as positive results.

16. Direct Observation.

Observed collections are required in a number of situations for DOT employees. Any employee

subject to a drug test may also be required to undergo observed collection. The purpose of direct

observation is to guard against employee attempts to mask the testing process. Observed

collections are required in the following circumstances:

a. All return-to-duty tests;

b. All follow-up tests;

c. Anytime the employee is directed to provide another specimen, because the temperature

on the original specimen was out of the accepted temperature range of 90 – 100 degrees

Farenheit;

d. Anytime the employee is directed to provide another specimen because the original

specimen appears to have been tampered with;

e. Anytime a collector observes materials brought to the collection site or the employee’s

conduct clearly indicates an attempt to tamper with a specimen;

f. Anytime the employee is directed to provide another specimen, because the laboratory

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reported to the MRO that the original specimen was invalid and the MRO determines that

there is not an adequate medical explanation for the result; or

g. Anytime the employee is directed to provide another specimen, because the MRO

determined that the original specimen was positive, adulterated or substituted, but had to

be cancelled because the test of the split specimen could not be performed.

The employee who is being observed will be required to raise his or her shirt, blouse or

dress/skirt as appropriate, above the waist, lower clothing and underpants and turn around

completely at the direction of the observer in order to show that he or she is not wearing any

prosthetic device.

When necessary, a Baldwin County Commission representative or medical personnel may obtain

a specimen outside of a designated collection site (such as the emergency room following an

accident investigation, etc.).

17. Alcohol Testing Procedures.

All employees are prohibited from possessing, drinking or being impaired or intoxicated by

alcohol while at work or on duty. In addition, safety-sensitive employees are prohibited from

consuming any alcohol four (4) hours prior to going on duty. A Blood Alcohol Content

(BAC) of 0.04 will be accepted as presumptive evidence of intoxication.

Any employee may be subject to alcohol testing either for reasonable suspicion or post-accident.

Safety sensitive employees are also subject to random alcohol testing. Random testing will be

conducted just before, during or after the employee has performed a safety-sensitive function.

Safety sensitive employees with a BAC of 0.02 will be immediately removed from the safety

sensitive duties for a period of at least twenty-four (24) hours.

All alcohol tests will be conducted using evidentiary breath testing devices approved by the

National Highway Traffic Safety Administration by a properly trained person. Any result

showing greater than a 0.02 BAC will be repeated.

18. Evaluations and Return of Results.

The MRO will be responsible for reviewing the quantified test results of employees and

confirming that the individuals testing positive have used drugs in violation of policy. Prior to

making a final decision, the MRO shall give the individuals testing positive an opportunity to

discuss the result either face to face or over the telephone. If the test result is negative dilute, the

MRO may decide that the employee must take another test. If this second test results in a

negative dilute result, the test will ordinarily be considered to be a negative and no additional

testing will be required unless the MRO so directs.

The MRO shall then promptly tell the Drug Program Coordinator which employees or applicants

test positive.

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19. Request for Re-Test.

An employee may submit a written request for a retest of the original specimen within seventy-

two (72) hours of receipt of the final test results. Requests must be submitted in writing to the

Drug Program Coordinator. The employee may be required to pay the associated costs of retest

in advance but will be reimbursed if the result of the retest is negative.

20. Release of Test Results.

Except where otherwise specifically required by law, employee drug testing results and records

are maintained under strict confidentiality by the Baldwin County Commission, the drug testing

laboratory and the Medical Review Officer. They cannot be released to others without the

written consent of the employee. Exceptions to this confidentiality are limited to DOT agencies

when license or certification actions are required or to the decision-maker in arbitration,

litigation or administrative proceedings arising from a positive drug test.

However, all employees will be required to execute a consent/release form permitting the

Baldwin County Commission to release test results and related information to the Department of

Industrial Relations or other relevant government agency. Applicants for safety-sensitive

positions will also be required to execute a consent/release form permitting the Baldwin County

Commission to review records of previous drug and alcohol testing information.

21. Retention of Records.

All records will be maintained so as to preserve confidentiality and prevent unauthorized persons

from accessing, releasing or tampering with records. The following records will be maintained:

a. Records related to the collection process, including:

i. Collection logbooks, if used;

ii. Documents relating to the random selection process;

iii. Documents generated in connection with decisions to administer reasonable suspicion

drug or alcohol tests;

iv. Documents generated in connection with decisions on post-accident drug and alcohol

testing; and

v. MRO documents verifying existence of a medical explanation of the inability of an

employee to provide adequate urine or breath sample.

b. Records related to test results:

i. The employer's copy of the custody and control form;

ii. Documents related to the refusal of any employee to submit to a test; and

iii. Documents presented by an employee to dispute the result of a test.

c. Records related to referral and return to duty and follow-up testing, including records of

any DOT employee’s entry into and completion of the treatment program recommended

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-28

by the substance abuse professional.

d. Records related to employee training:

i. Training materials on drug use awareness and alcohol misuse, including a copy of

the employer's policy on prohibited drug use and alcohol misuse;

ii. Names of employees attending training on prohibited drug use and alcohol misuse

and the dates and times of such training;

iii. Documentation of training provided to supervisors for the purpose of qualifying

the supervisors to make a determination concerning the need for drug and alcohol

testing based on reasonable suspicion; and

iv. Certification that any training conducted under this part complies with the

requirements for such training.

e. Copies of any annual MIS reports submitted to FTA.

The following records will be maintained for no less than five (5) years: records of verified

positive drug or alcohol test results, documentation of refusals to take required drug or alcohol

tests, referrals to the substance abuse professional and copies of annual MIS reports submitted to

FTA.

The following records will be maintained for no less than two (2) years: records related to the

collection process and employee training.

The following records will be maintained for no less than one (1) year: records of negative drug

or alcohol test results, with the exception that all post-accident testing records will be maintained

for at least three (3) years after an accident.

22. Employee Education and Training.

The Baldwin County Commission will provide written information in drug/alcohol use and

treatment resources to safety-sensitive employees. The Baldwin County Commission will

provide one (1) hour of training for employees on the dangers of controlled substance use

annually. All supervisors of safety-sensitive employees must also attend one (1) hour of training

on the signs and symptoms of drug abuse. The training is necessary to assist supervisors in

making appropriate determinations for reasonable suspicion testing.

23. Employment Assessment.

Any safety-sensitive employee or applicant who tests positive for the presence of illegal drugs

and/or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended or has

refused to submit to a drug or alcohol test (except in the case of an applicant) will be referred to a

Substance Abuse Professional (SAP). A SAP can be a licensed physician (Medical Doctor or

Doctor of Osteopathy) or a licensed or certified psychologist, social worker or employee

assistance professional with knowledge of and clinical experience in the diagnosis and treatment

of drug and alcohol related disorders or an addiction counselor certified by the National

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-29

Association of Alcoholism and Drug Abuse Counselors Certification Commission. The SAP

will follow the protocols and meet the requirements defined in 49 CFR part 40. All employees

and applicants will be given contact information for a USDOT qualified SAP if they test

positive.

24. Employee Assistance Programs (EAP).

The County’s EAP shall include:

a. Education and training for employees regarding drugs and alcohol; and

b. Education and training for supervisors regarding drugs and alcohol, including:

i. Effects and consequences of substance use on personal health, safety and work;

ii. Manifestations and behavioral causes that may indicate substance use;

iii. Documentation of training provided; and

iv. A written statement on file and available at the Commission office outlining the

EAP.

The Drug Program Coordinator or his designee should be contacted for further guidance.

25. Investigation/Searches.

Where a supervisor has reasonable cause to suspect that an employee has violated the substance

abuse policy, he or she may inspect vehicles which an employee brings on the Commission’s

property, lockers, work areas, desks, purses, briefcases, tool boxes or other belongings and at

locations where County related activities are being conducted without prior notice in order to

ensure a work environment free of prohibited substances. An employee may be asked to be

present and remove a personal lock. Where the employee is not present or refuses to remove a

personal lock, the Drug Program Coordinator will do so for him or her. The Commission may

release any illegal or controlled drugs or paraphernalia to appropriate law enforcement

authorities.

All searches should be coordinated with the Drug Program Coordinator or his designee.

26. System Contacts.

Any questions regarding this policy or any other aspect of the drug free and alcohol-free transit

program should contact the following transit system representative:

Designated Baldwin County Commission Representative/Program Manager:

Title: Risk Manager

Address: 322 Courthouse Square,

Bay Minette, AL 36507

Telephone Number: (251) 937-0265

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-30

L. Fleet Policy

The use of a County vehicle is a privilege that is granted by the Baldwin County Commission

and is not a right of County employees. The County reserves the right to revoke the use of a

County vehicle at any time and from any County employee. This procedure is not all inclusive

by itself, but is put forth on a good faith effort by the County to ensure the safety and well-being

of all County employees and provide the minimum standards for the Baldwin County

Commission Vehicle Fleet Policy. The goal of this policy is to ensure the safety of the public,

person operating a County vehicle and all other County employees as well as provide consistent

guidelines for the assignment and or use of all vehicles owned by Baldwin County.

1. Permitted Uses of County Owned Vehicles.

a. Only Baldwin County employees, contracted temporary placement service provider

employees or other drivers as authorized by the Baldwin County Commission may be

authorized to drive or operate County vehicles and/or equipment; and

b. Baldwin County vehicles shall only be used for official County business with reasonable

consideration of use for meals or other items in accordance with Alabama Ethics Laws,

while in the course of performing business on behalf of Baldwin County.

2. Driver Requirements/Qualifications.

a. Each driver of any Baldwin County owned vehicle must have and maintain a valid

driver’s license.

b. It is the Baldwin County policy for employment that every employee should submit and

successfully pass a motor vehicle record (MVR) check and meet the grading

requirements listed below. This MVR policy applies both to drivers of County owned

vehicles as well as employees using personal vehicles in the course of County business.

All employees are subject to an annual review (at a minimum) of his or her motor vehicle

driving record (MVR) with the Alabama Department of Public Safety. Those employees

found to be high risk or who have failed to report violations and or accidents to the

County, will have his or her vehicle driving privileges revoked, resulting in possible

dismissal for employees in positions where vehicular transportation is deemed an

essential job function. The Baldwin County Personnel Department will be responsible for

administering these MVR checks with the exception of those employees (example

BRATS Drivers) which are regulated by law to be conducted by their own department

personnel.

c. MVRs will be examined prior to the start of employment and are subject to be examined

at a minimum of annually thereafter. Any job offer made to an employee or potential

employee candidate for a position with driving duties shall be contingent upon an MVR

meeting the required standards outlined below:

i. All operators must have a valid driver’s license for at least three (3) years;

ii. No new driver will be hired with a “poor” MVR;

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-31

iii. MVRs will be graded on the table below, as a minimum requirement for new

employees;

iv. Driving records must remain “acceptable” or “clear” as graded on the table below

for continued employment in the position that may require driving duties. A

“borderline” record will be evaluated for appropriate action as deemed necessary by

the Relevant Appointing Authority and Appointed Department Head, Personnel

Director and County Administrator;

v. Any exceptions to these guidelines must meet the approval of the Personnel

Director and the County Administrator for written approval. The County’s auto

insurance provider will be consulted on any MVR not meeting the minimum

requirement; and

vi. The motor vehicle grading system may be based on the last five (5) years of the

employee’s MVR.

Number of Type “B” and/or Type “C” Violations

Number of At-fault Accidents

3 or more

Clear

Acceptable

Borderline

Poor

Acceptable

Borderline

Poor

Acceptable

Borderline

Poor

Borderline

Poor

4 or more

Poor

Any Type “A” Violations.

Poor

d. If at any time the employee of the Baldwin County Commission is required to drive as

part of his or her job duties, then the employee must notify his or her supervisor of any,

citation, arrest, conviction, suspension or revocation (whether temporary or permanently)

in regards to any DUI, Substance Abuse or Motor Vehicle (Traffic) Violations or

Accidents whether on or off duty, before 9 a.m. on the next business day. Failure to

notify the supervisor may result in disciplinary action, up to, but not limited to,

termination. It is the supervisor’s responsibility to immediately notify his or her relevant

Appointed Department Head. The Appointed Department Head is responsible for

immediately notifying the Personnel Department of any such related event.

e. Driver qualifications are as follows:

i. Must be an authorized employee of the County.

ii. Must be at least twenty (20) years of age.

iii. Preferred one (1) year of experience in the class of vehicle that is to be operated.

iv. Must meet all applicable licensing requirements.

v. Will not qualify for a County vehicle if, during the last sixty (60) months, the

driver had any of the following experiences:

1. Been convicted of a felony;

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-32

2. Been convicted for the sale, handling, distributing or illegal use of drugs or

any controlled substance;

3. Had automobile insurance canceled, declined or not renewed by his or her

insurance company due to fault of the employee;

4. Had drivers license suspended or revoked; or

5. Been involved in two (2) or more “chargeable” accidents which resulted in a

citation being issued.

vi. If required, an employee must meet special operator licensing requirements as

necessary:

1. Class “A” Operators License: allows the employee to operate vehicles which

tow trailers or other vehicles with a gross vehicle weight rating (GVWR) over

10,000 pounds. A Class "A" license also allows the employee to operate Class

B and C vehicles;

2. Class “B” Operators License: allows the employee to operate single vehicles

with a GVWR of 26,001 lbs. or more or a gross combination weight rating

(GCWR) of 26,001 lbs. or more, towing trailers/vehicles rated at 10,000

pounds GVWR or less. A Class "B" license also allows the operation of Class

C vehicles; and

3. Class “C” Operators License: allows the employee to operate vehicles under

26,001 lbs. GVWR, that would normally not require a commercial driver’s

license (CDL); except when they are designed to transport sixteen (16) or

more persons including the driver; or that carry fifteen (15) or less people

(including the driver) transporting children to or from school and home

regularly for compensation or carry hazardous materials in amounts requiring

it to be placard. Applicable endorsements are required.

f. Variation of Fleet Policy Safety Rules (Type A, B, & C)

i. Any driver (employee or applicant) receiving type “A” violations may result in

disciplinary action(s) including, but not limited, to termination of employment

with Baldwin County. All type “A” violations will be considered on case by case

basis, while also reviewing the employee’s driving history for the last five (5)

years, in making corrective action decisions. Type “A” Violations consist of the

following:

1. Driving while intoxicated;

2. Driving while under the influence of drugs or receiving any other drug

related charges;

3. Negligent homicide, manslaughter or assault arising out of the use of a motor

vehicle (gross negligence);

4. Aggravated assault with a motor vehicle;

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-33

5. Hit and run (bodily injury or property damage);

6. Failure to report an accident to supervision as required;

7. Failure to report an accident to law enforcement as required by law;

8. Filing a false accident report;

9. Driving while license is suspended or revoked;

10. Attempting to elude law enforcement;

11. Racing; or

12. Speeding (More than 25 mph above speed limit).

ii. Any driver (employee or applicant) showing a type “B” violation may be

restricted from driving County vehicles and/or subject to disciplinary action(s) as

warranted. All class B violations will be considered on a case by case basis, while

also reviewing the employee’s driving history for the last five (5) years, in making

corrective action decisions. A total of two type “B” violations in a three (3) year

period may result in disciplinary action, including, but not limited to, termination

of employment. Type “B” Violations consist of:

1. Wreckless endangerment; or

2. At fault vehicular accidents.

iii. Any driver (employee or applicant) showing a type “C” violation may be

restricted from driving County vehicles and/or subject to disciplinary action(s) as

warranted. All type “C” violations will be considered on case by case basis, while

also reviewing the employee’s driving history for the last five (5) years, in making

corrective action decisions. A total of four type “C” violations in a three (3) year

period may result in disciplinary action, including, but not limited to, termination

of employment. Type “C” Violations consist of all other items not listed as a Type

“A” or Type “B”, but not limited to:

1. Speeding (Less than 25 mph above speed limit);

2. Failure to yield;

3. Violating a traffic signal;

4. Failure to stop;

5. Improper turn;

6. Improper lane change;

7. Careless driving;

8. Following too closely;

9. Improper or failure to display license plate; and

10. Other such violations not covered under Type “A” or Type “B” violations; or

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-34

iv. Any combination of type “B” and type “C” violations which equal four (4) or

more in the last three (3) years may result in disciplinary action, including but not

limited, to termination of employment.

3. General Operator Safety Rules.

a. The use of a County vehicle or personal vehicle while performing work duties while

under the influence of intoxicants and other drugs (which could impair driving ability) is

forbidden and is sufficient cause for discipline, up to and including termination of

employment;

b. Employees driving County vehicles are required to obey all motor vehicle laws and

regulations. Employees must operate the vehicle in a safe and courteous manner and

follow all safety related policies and procedures while operating County owned vehicles;

c. Possession, transportation or consumption of alcohol or illegal drugs by anyone in a

County vehicle is strictly prohibited;

d. Cell phone use in commercial vehicles will be restricted. Drivers are prohibited from

using even one (1) hand to hold a mobile phone to conduct a voice communication.

Drivers are not allowed to dial or answer a mobile phone by pressing more than a single

button. Reaching for a mobile phone in a manner that requires the driver to maneuver so

that he or she is no longer in a seated, belted or driving position is also prohibited.

(Reference: Federal Motor Carrier Safety Administration ruling as of 01/03/2012.)

Effective August 1, 2012, Alabama law prohibits ALL drivers of all types of vehicles

from writing, sending or reading a text or email while operating a motor vehicle. The law

allows a driver to contact emergency services. The law does not prohibit making or

receiving cellular telephone calls or typing in a name or number to make such a call. Law

enforcement officers enforcing this section may treat a violation of this section as the

“primary or sole reason” for issuing a citation to a driver and may pull over a driver

suspected of violating the law. Drivers may use a wireless communication device as a

global positioning or navigation system to receive driving directions which has been pre-

programmed with the desired coordinates. The programming of coordinates while

operating a vehicle remains a violation of this section. Drivers may receive or send texts

if parked on the shoulder of the highway, road or street;

e. No driver shall operate a County vehicle or personal vehicle while performing work

duties when his or her ability to do so safely has been impaired by illness, fatigue, injury

or medication;

f. All drivers and passengers operating or riding in a County vehicle are required to wear

seat belts or other available personal restraints required by law, even if air bags are

available;

g. No unauthorized personnel are allowed to ride in County vehicles;

h. Drivers are responsible for the security of County vehicles assigned to them. The vehicle

engine must be shut off, ignition keys removed and vehicle doors locked whenever the

vehicle is left unattended; and

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-35

i. Head lights shall be used two (2) hours before sunset and until two (2) hours after sunrise

or during inclement weather or at any time when an estimated distance of five hundred

(500) feet ahead of the vehicle cannot be clearly seen.

4. Vehicle Assignment.

a. County vehicles are normally assigned to an individual at the start of his or her work

period and are the employee’s responsibility until the completion of the assigned work

period when the vehicle is returned;

b. Employees should inspect the County owned vehicle on a daily basis (i.e. oil, tires,

transmission fluid, etc.). It is the responsibility of the County employee to keep his or her

assigned vehicle clean (inside and outside);

c. It is the responsibility of the driver to make sure that the County owned vehicle is

equipped with proof of insurance, current registration and gas card. These items are

issued to the vehicle, not the driver and must not be removed under any circumstances;

d. Consistent with applicable Baldwin County Commission policy, a County vehicle may be

assigned to an employee who regularly requires vehicular transportation in the

performance of his or her work duties and requires the use of the vehicle during off duty

time for frequent on-call or call-in for emergency purposes. The assignment may be

regular and on-going or for a specific period of time such as weekly on-call duty;

e. If the employee is going on vacation or will be off work for any length of time, the

employee’s supervisor may require the employee to park the County owned vehicle at the

workplace;

f. County employees authorized to use his or her personal vehicles for periodic County

business may be reimbursed for mileage at the rate established by the Baldwin County

Accounting Department in accordance with Internal Revenue Service, as approved by the

County Commission;

g. Baldwin County will not pay for any traffic tickets or parking fines of an employee

operating a County owned vehicle, nor will the County pay if the employee is authorized

to use his or her personal vehicle on County business. An employee found guilty of

moving violations while in County vehicles may be subject to disciplinary action by the

County. All such related fines received by the employee are his or her personal

responsibility; and

h. An employee receiving a travel allowance and using a personal car for County business

assumes liability for bodily injuries or property damage arising out of an accident

occurring in connection with operation of his or her personal vehicle. Such employees are

required to have a minimum liability limit of $25,000 for bodily injury/death liability for

one person in an accident, $50,000 for all injuries/deaths in an accident and $25,000 for

property damage in an accident in accordance with Section 32-7-6, Code of Alabama

1975. The policy must be issued by an insurance company qualified to issue motor

vehicle liability insurance in Alabama.

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-36

5. Gasoline Purchases.

Gasoline is to be used for County vehicles and equipment only. Any employee violating this

policy may receive disciplinary action, including but not limited to, termination of

employment and/or be subject to prosecution under Alabama Ethics Law.

6. Smoking.

The Baldwin County Commission has declared all County vehicles smoke-free. Smoking in

a County vehicle may result in disciplinary action.

7. Vehicle Accident Procedures.

Regardless of the situation, the following procedures must be followed in the event of an

accident or incident with any County owned vehicle or property;

a. Immediate notification of proper law enforcement agency for accident investigation and

report as applicable;

b. Immediate notification of the employee’s supervisor, relevant Appointed Authority

and/or Appointed Department Head;

c. Notification of the Personnel Department within twenty-four (24) hours of the

accident/incident;

d. Prepare a Baldwin County Vehicle Accident Report. This, along with a copy of the law

enforcement report as applicable, should be turned in to the Personnel Department within

twenty-four (24) hours of the accident/incident;

e. If necessary, a first report of injury must be submitted to the Personnel Department

within twenty-four (24) hours of the accident/incident;

f. Securing accident repair estimates and approval of actual repairs is the responsibility of

the , relevant Appointed Authority and/or Appointed Department Head; and

g. In the event of an accident in a County vehicle or while on official County business:

i. Do not admit negligence or liability;

ii. Do not discuss the accident with anyone except appropriate law enforcement

personnel and/or official County representative;

iii. Do not attempt settlement regardless of how minor;

iv. Get name, address and phone number of any injured person and any witness if

possible;

v. Exchange vehicle identification, County insurance name and policy numbers with

other drivers or law enforcement personnel, if applicable;

vi. Take a photograph of the scene of the accident, if possible;

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-37

vii. If needed, notify 911 for requested ambulance, fire department and law

enforcement personnel;

viii. Law enforcement should be notified if the accident involves another vehicle or a

pedestrian;

ix. Complete the Baldwin County Accident Report in regards to this

accident/incident; and

x. Turn all information over to the supervisor within twenty-four (24) hours of the

accident/incident.

8. Post Accident Substance Abuse Testing.

a. See Section VII.D. Workers Compensation for further guidance involving an accident,

incident or injury.

b. If it is suspected that an employee is impaired by alcohol and/or drugs at any time while

on duty or while operating a County owned vehicle or equipment, then efforts will be

made to safely remove that employee from the workplace and/or County vehicle or any

personal vehicle being used for County business; and

c. Any disciplinary action that is decided, will be based on the totality of the circumstances

surrounding the event, the Baldwin County Substance Abuse Policy and the past work

history of the employee. Actions may or may not include a Last Chance Assistance

Agreement, referral and evaluation by a substance abuse counselor or termination. For

additional substance abuse guidelines, you must refer to the Baldwin County Substance

Abuse Policy or contact the Personnel Department.

9. Preventable Accidents.

a. A preventable accident is defined as any accident involving a County vehicle/equipment

or any vehicle used on County business, which results in property damage and/or

personal injury and in which the driver failed to exercise every reasonable precaution to

prevent the accident. Preventable accidents shall result in corrective action of the

employee as determined by the Baldwin County Personnel Department. Examples of

preventable accident contributors are, but not limited to, the following:

i. Following too closely;

ii. Driving too fast for conditions;

iii. Failure to observe clearances;

iv. Failure to obey traffic signs;

v. Improper turns;

vi. Failure to observe signals from other drivers;

vii. Failure to reduce speed;

viii. Improper parking;

VII. Safety and Health

Baldwin County Employee Handbook - Approved 4/2/2013 Page VII-38

ix. Improper passing;

x. Failure to yield;

xi. Improper backing;

xii. Failure to obey traffic signals or directions;

xiii. Exceeding the posted speed limit; and

xiv. Driving under the influence of drugs or alcohol;

The Baldwin County Vehicle Accident Report, Section 1, is to be completed by the employee.

Only complete the sections that apply to the employee. The report should be submitted to the

Personnel Department by the supervisor within twenty-four (24) hours of the accident/incident.

Section 2 of the Baldwin County Vehicle Sample Accident Report is to be completed by the

employee’s supervisor. Only complete the sections that apply to the employee. Report should be

submitted to the Personnel Department by the supervisor within twenty-four (24) hours of the

accident/incident.

VIII. Forms

Baldwin County Employee Handbook - Approved 4/2/2013

Updated 10/21/2014

Updated 12/20/2016

VIII. Forms

The following forms have been approved for use by the Baldwin County Commission:

A. Application for Employment VIII-1

B. Pre-Employment Physical and Drug Screen Waiver VIII-3

C. Authorization For Background Investigation and Release of Information VIII-4

D. Personnel Appraisal Form VIII-5

E. ADA Reasonable Accommodation Request Form VIII-8

F. Employee Counseling Form VIII-9

G. Notice of Disciplinary Action Form VIII-10

H. Grievance Appeal Form VIII-11

I. Leave Request Form VIII-12

J. Temporary Transitional Duty Agreement VIII-13

K. Medical Treatment Waiver VIII-14

L. Property Damage/Collision/Injury/Illness Investigation Report VIII-15

M. Accident Injury Witness Report VIII-20

N. Last Chance Assistance Agreement VIII-21

BALDWIN COUNTY COMMISSION

APPLICATION FOR EMPLOYMENT

Baldwin County Commission is an equal opportunity employer. It is our policy to abide by all federal

and state laws prohibiting employment discrimination solely on the basis of a person’s race, color, creed, national origin,

religion, age (over 40), sex, marital status, or physical or mental disability, except where a reasonable, bona fide occupational

qualification exists.

GENERAL INFORMATION

Name (Last)

(First)

(Middle Initial)

Home Telephone

( ) -

Address (Mailing Address)

(City)

(State)

(Zip)

Other Telephone

( ) -

E-Mail Address

Are you legally entitled to work in the U.S.?

☐

Yes

☐

POSITION

Position Desired

Are you able to perform the essential functions of the job you are applying for, with or without reasonable accommodation?

☐

Yes

☐

Salary/Hourly Rate Desired

Date Available

EDUCATION

High School Graduate or General Education (GED) Test Passed? ☐ Yes ☐ No If no, list the highest grade completed.

College, Business School, Military (Most recent first)

Name and Location

Dates Attended

Month/Year

Credits Earned Graduate

Degree &

Year

Major or Subject

Quarterly/

Semester

Hours

Other

(Specify)

From:

☐ Yes

☐

To:

From:

☐ Yes

☐

To:

From:

☐ Yes

☐

To:

From:

☐ Yes

☐

To:

Occupational License, Certificate or Registration

Number

Where Issued

Expiration Date

Occupational License, Certificate or Registration

Number

Where Issued

Expiration Date

Occupational License, Certificate or Registration

Number

Where Issued

Expiration Date

Valid Driver’s License

☐

Yes

☐

Commercial Driver’s License

☐

Yes

☐

Commercial Driver’s License Class

☐

Class A

☐

Class B

☐

Class C

Endorsements:

Languages Read, Written or Spoken Fluently Other Than English

VETERAN INFORMATION (Most recent)

Branch of Service

Date of Entry

Date of Discharge

SPECIAL SKILLS (List all pertinent skills and equipment that you can operate)

VIII-1

WORK EXPERIENCE (Most recent first)

Employer

Telephone Number

From (Month/Year)

Address (Mailing)

(City)

(State)

(Zip)

To (Month/Year)

Job Title

Reason for Leaving

Hours Worked Per

Week

Specific Job Duties

Last Salary

Supervisor

May We Contact This

Employer?

☐ Yes ☐ No

Employer

Telephone Number

From (Month/Year)

Address (Mailing)

(City)

(State)

(Zip)

To (Month/Year)

Job Title

Reason for Leaving

Hours Worked Per

Week

Specific Job Duties

Last Salary

Supervisor

May We Contact This

Employer?

☐ Yes ☐ No

Employer

Telephone Number

From (Month/Year)

Address (Mailing)

(City)

(State)

(Zip)

To (Month/Year)

Job Title

Reason for Leaving

Hours Worked Per

Week

Specific Job Duties

Last Salary

Supervisor

May We Contact This

Employer?

☐ Yes ☒ No

Employer

Telephone Number

From (Month/Year)

Address (Mailing)

(City)

(State)

(Zip)

To (Month/Year)

Job Title

Reason for Leaving

Hours Worked Per

Week

Specific Job Duties

Last Salary

Supervisor

May We Contact This

Employer?

☐ Yes ☐ No

I hereby affirm that the information provided on this application (and accompanying resume, if any) is true and complete to the best of my

knowledge. I also agree that falsified information or significant omissions may disqualify me from further consideration for employment and

may be considered justification for dismissal if discovered at a later date.

If employed by the Baldwin County Commission, I agree to and review and abide by the Alabama Code of Ethics, Section 36-23-1 thru 20,

Ala.

Code

1975 , as the same may be amended, and policies and procedures of the Baldwin County Commission, which includes the Baldwin

County Commission’s Anti-Harassment policy. I further understand that while in a probationary statues, my employment can be terminated,

with or without cause or notice, at any time, at the discretion of the Baldwin County Commission or myself. I further understand that no

representative of the Baldwin County Commission other than the Personnel Director, Appointing Authority or Appointed Department Head

has any authority to enter into any agreement, oral or written, on behalf of the Baldwin County Commission for a term of employment or to

make any assurance or promise of continued employment, subject to approval by the Baldwin County Commission.

If employed by the Baldwin County Commission, I understand and agree that I may be required to take a pre-employment drug and alcohol

screening test. I also consent to the release of the test results to the Baldwin County Commission for its use, and I understand that any

positive drug or alcohol result may preclude my employment. The Baldwin County Commission may conduct a pre-employment background

check, including, but not limited to, criminal, drivers’ license, and reference checks.

By typing or signing my name in the following space, I certify the above statements to be true and correct, to the best of my knowledge, and I

agree that this information can be used for the purpose of processing my employment application and information.

Signature of Applicant____________________________________________ Date___________________

VIII-2

NEW HIRE CONSENT FORM FOR SUBSTANCE ABUSE SCREENING TEST

PRE-EMPLOYMENT PHYSICAL EXAM

It is the policy of Baldwin County that all applicants, who either are likely to be offered employment or who have been extended an

offer of employment, undergo a routine pre-employment physical exam.

iring decisions may be based upon the results of medical tests conducted as part of this examination process.

STATEMENT OF COUNTY POLICY

It is the policy of the County to maintain a safe work environment conducive to effective business operations.

The County requires that personnel and operating practices be consistent with the highest standards of health and safety.

Selling, purchasing, using, possessing, or being under the influence of any illegal substance, without medical

authorization, during the work day, on the County premises or while conducting county business is inconsistent with the

County’s business interests and will be grounds for disciplinary action, up to and including termination.

APPLICANT CONSENT

Re: Authorization to Perform the Urine and/or Breath Testing:

I, __________________________________________, understand that by accepting employment with Baldwin

County Commission, I agree willingly to participate in the urine and/or breath testing program under the provisions set

forth on the alcohol and controlled substance abuse policy.

understand that if I decline to sign this consent and thereby decline to take the test, the medical examination will

not be completed, and my employment offer will be rescinded.

If the test is confirmed as positive, the results will be reported to the Personnel Department. An exception will be

made for the use of legally prescribed medications taken under the direction of a physician.

Re: Authorization to Perform the Medical Examinations:

I also hereby authorize and give my consent to a qualified medical representative and/or physician to conduct the

above-mentioned physical examination to also include, without limitation, a drug screening urine analysis all as part of the

pre-employment requirements of Baldwin County.

understand that, submitting to such examinations does not guarantee employment with Baldwin County.

understand that if I decline to sign this consent form and further decline to take the physical exam as has been

requested, then the medical examination will not be completed, and an offer of employment will either not be extended or

will be withdrawn, if previously made.

Re: Authorization to Release Sensitive Medical Information:

I further authorize Baldwin County’s designated physician, medical personnel or testing facility to release to

Baldwin County any and all results of such physical examination and testing along with any relevant medical information.

Signature:________________________________ Print Name:_______________________________

Witness:__________________________________ Date:__________________________

VIII-3

AUTHORIZATION FOR BACKGROUND INVESTIGATION AND RELEASE OF INFORMATION

Following a conditional offer of employment, and as part of the hiring and employment process and pursuant to its

policies, the Baldwin County Commission (the “County”) will perform a public record information search and/or an

investigative consumer report search on individuals seeking employment with the County. Such individuals will be

required to maintain satisfactory criminal history records, pertinent to his or her position, as a condition of

employment.

,_____________________________, hereby authorize and give consent for the Baldwin County Commission to

obtain information pertaining to myself. This includes the following:

• C

riminal Background Records/Information

• Sex Offender Registry Information

• Social Security Number Verification

• Drivers License Currency and Check

• Driving Record

• Credit History – if applicable to position

• Other Background Information Deemed Necessary by the County.

I understand that this information will be used, in part to determine my eligibility for employment. The records being

checked are covered by the Fair Credit Reporting Act (FCRA). The FCRA gives me specific rights in dealing with

agencies that provide these reports to the County. Before making any adverse employment action which is based on

the information received from a criminal background check, the County will notify me in writing and will provide me

with a copy of the report and “A Summary of Your Rights Under The Fair Credit Reporting Act”. If I am denied

employment, either wholly or partly because of information contained in resulting reports, a disclosure will be made

to me of the name and address of the consumer reporting agency making such report.

y signing this form, I authorize the Baldwin County Commission to periodically access and review state and federal

criminal history records and make reasonable efforts to determine where I have been convicted of, or are pending

indictment for, a crime that bears upon my fitness to be employed.

______________________________ ____________________________________

Date Name of Applicant (Print)

____________________________________

Signature of Applicant

____________________________________

Date of Birth

____________________________________

Social Security Number

____________________________________

Driver’s Licenses # / Expiration

____________________________________

Position Applied for

VIII-4

BALDWIN COUNTY COMMISSION

PERSONNEL APPRAISAL FORM

Name________________________________________ Evaluation Month____________________________

Employee Grade/

Number ___________ Title_____________________ Step________ Department_____________________

Employee performance based on the following scale:

1=UNACCEPTABLE

Employees performance on a specific job duty or in an overall rating does not meet the required standards of performance for

the position

2=NEEDS IMPROVEMENT

Employee that scores a two (2) in any single category or in an overall rating is not fulfilling the responsibilities of the job and

needs to be counseled [with a written improvement plan] as to what actions he/she must take to bring their performance up to

acceptable standards

3=MEETS STANDARDS

Rating indicates that an employee has performed at a level that meets the requirements of the specific duties set forth in their

job description in addition to the specific criteria listed on the performance review form as it relates to attendance, work habits

and personal traits

4=EXCEEDS STANDARDS

Rating indicates that an individual is performing at a level that is above the expected standards of their position which

includes, but is not limited to, taking extra initiative, demonstrating an exemplary attitude, demonstrating an ability to think

and perform beyond what the job duties and responsibilities call for, willing to take on additional tasks and assignments as

requested

5=EXCEPTIONAL

Rating includes all of the performance achievements specified in the exceeds standard category, with the inclusion of

consistency in performance day in and day out at the elevated level.

Fill Online, Printable, Fillable, Blank Table of Contents I. Classification and Compensation B. (Baldwin County Commission) Form

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Fillable Table of Contents I. Classification and Compensation B. (Baldwin County Commission)

Fill Online, Printable, Fillable, Blank Table of Contents I. Classification and Compensation B. (Baldwin County Commission) Form

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