Attendance

1.  Employees shall be in attendance at their work in accordance with these policies and with department regulations. Any employee unable to report for duty on a work day shall notify the Administrative Officer of that fact no later than one (1) hour before the beginning of work, unless department rules require an earlier reporting time. Sick leave that is requested for scheduled appointments (visits to physicians, etc.) should be reported the employee's supervisor one week prior to the time requested, or as far in advance as is practicable. Failure to do so may result in disciplinary action.
   
   
2. Hours of Work. The normal work day for full-time employees shall be eight (8) hours and the normal work week shall be forty (40) hours, except in certain circumstances when it is considered to be in the best interest of the public and of the County to work shifts of extended hours. Employees who work an 8-hour shift will generally receive (1) one hour for lunch. The (1) one hour lunch period should be taken in the middle of the shift, unless other arrangements are made with the approval of the Department Director. 
   
   Although not mandated, Department Directors may authorize 2 (two) 10 (ten) minute break periods within an 8 (eight) hour work shift. These breaks should not be in conjunction with the (1) one hour lunch period. 
   
   
3. Work Week. The work week will be in compliance with the Federal Fair Labor Standards Act which states "a work week is a regular recurring period of one hundred sixty-eight (168) hours in the form of seven (7) consecutive twenty-four hour (24) periods." 
   
   
4. Work Site Closure. When necessary to prevent employees from working because of emergencies or at other times designated by the Commission, only those employees affected by the decision shall receive special consideration for hours worked. Employees not prevented from working, employees away from the work site (for training or other reasons), employees scheduled off work for any reason, and all other employees not affected by the decision shall not receive consideration for hours worked.
   
   
5. Tardiness and Absence Without Approval. Any unexcused tardiness or unauthorized absence of an employee will not be compensated and shall be grounds for disciplinary action. Any employee who is absent for three (3) or more consecutive work days without authorized leave shall be deemed to have resigned.

   Blood Borne Pathogens #330

   Weber County has adopted a policy regarding Blood Borne Pathogens as it applies to Weber County employees. Please refer to this policy through your Department Director, Weber County Human Resources, Weber County Commission, or the Weber County Clerk's Office.

   Computer Usage

   1. Computer Software Licensing, Copyright, and Control

      1.1	Purpose. The purpose of this policy is to establish the County's position and its intent to: Comply with computer software licensing agreements and federal laws, including copyright and patent laws; Define the methods by which the County will control and protect computer software; and Establish the County's right, title and interest in county-developed computer software, including its sale and transfer under certain conditions.
      1.2	Application. All County offices and departments shall comply with this policy, which shall apply to all computer software, regardless of the operating environment or source of that software.
      1.3	Definition. As used in this policy: "Commercial computer software" means computer software which is used regularly for other than government purposes and is sold, licensed, or leased in significant quantities to the general public at established market or catalog prices. "Computer data base" means a collection of data in a form capable of being processed and operated on by a computer. "Computer program" means a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system, and any associated documentation and source material that explain how to operate the computer program. "Computer software" means computer programs and computer data bases. "County agency" means any department, office, agency or administrative sub-unit of county government. "County-developed computer software" means computer software and related documentation developed under contract or under the conditions set forth in the Employment Inventions Act, Section 34-39-1 et seq., Utah Code Annotated, 1953.
      1.4	Compliance and Responsibilities. Each County office, department, and its employees shall comply with computer software licensing agreements and federal laws, including copyright and patent laws. Each County agency shall adopt the following practices to control computer software: Designate an employee to keep track of all computer software license agreements for a County office. Each designated employee shall make requests for interpretation of a computer software license agreement to the Department of Information Technology, when necessary. Provide enough legally purchased copies of computer software to enable all employees to meet management's expectations and reduce any necessity for computer software piracy. Ensure that all data or computer software is removed from the storage media of any computer device before disposition or transfer of equipment, unless computer software and related documentation are included as part of the transfer. Carefully research computer software licensing agreements before purchasing computer software. Weber County may retain the right, title and interest in any County-developed computer software. Weber County may sell or otherwise transfer the right, title and interest in any County-developed computer software as permitted by contract by the Weber County Commission. Such action shall meet the following requirements: Submit a request for approval to sell or otherwise transfer County-developed computer software to the Information Technology Department. Included within this request shall be all applicable contractual and other pertinent information. Clearly specify within the transfer documents whether costs associated with copying and sending the County-developed computer software will be recovered from the receiver. Clearly specify within the transfer documents whether costs of development will be recovered from the receiver in the selling price of the County-developed computer software. Clearly specify within the transfer documents that the receiver is responsible for acquiring any commercial computer software upon which the County-developed computer software may be dependent. Clearly specify within the transfer documents that no additional services, such as installation, training, or maintenance, will be provided unless negotiated otherwise. Clearly specify within the transfer documents that the County-developed computer software is being transferred in "as is" condition and that the County will not be held liable for any incidental and consequential damages under any circumstances. Account for funds received as "revenue" or a "refund of expenditure," where appropriate as follows: County agency enters into a cost sharing agreement with another entity to develop computer software. (Note: In this situation, any collections from the other entity for their share of the cost will be deposited as a refund of expenditure.) A County agency develops computer software and then shares the computer software with other entities. (Note: The only costs recovered by the developing agency are those costs to duplicate and distribute the computer software and manuals, which would also be a refund of expenditure. An agency should make sure the expenditure and the refund of expenditure are both recorded in the same fiscal year.) A County agency wishes to market its County-developed computer software similar to a commercial enterprise. (Note: The intent is to recover the full cost of developing and distributing the computer software. In this situation the collections for sale of the computer software should be deposited as revenue to the agency.) Retain records of sales and other transfers, and process them in accordance with the Government Records Access and Management Act, Section 63-2-101 et seq., Utah Code Annotated, 1953. A County agency may initiate a "Memorandum of Understanding" when reasons exist to share County-developed computer software with other counties, states or entities. A County employee who is found to not be in compliance with this rule may be subject to disciplinary action, including dismissal.

   2. Telecommuting Policy for Information Technology
      Appropriate telecommuting falls into three categories.

      2.1	Occasional. Upon approval of employee's supervisor, employees may wish to or need to do work during hours which they are normally off work. This may be because of an emergency situation or because he or she just wants to. In any case telecommuting may be used instead of the employee coming into the office. This may be as simple as checking one's Email, or as complicated as preparing for a presentation. (This is in regard to telecommuting only. You may need permission for overtime work.)
      2.2	Emergency. Sometimes employees may work at home because of some special circumstance such as illness. In these circumstances it may be possible for an employee to temporarily be able to work at home. Such circumstances require the permission of the employee's supervisor. When granting such permission the supervisor should review with the employee what work is to be done, the resources the department will provide, and the length of this assignment.
      2.3	Regular Out-of-Office Assignment. Employees may be assigned to work out of the office (normally the employee's home on some kind of regular basis). This assignment must be made by the employee's supervisor.

      County owned hardware to be used in an employee's home.
      In most situations the policy of Information Technology is to provide one computer for each employee. Where the employee's regular assignment is in his/her home that computer may be placed in that location. Where there is a temporary assignment to work in one's home a second machine may be placed in the employee's home when such equipment exists. Persons who are required to do work during hours they are normally off may also have suitable equipment placed in their home as equipment is available. Other special circumstances may require that a second machine be placed in the home of an employee. 
      
      Use of surplus equipment.
      There is from time to time surplus equipment which is no longer being used in the office. This equipment may be used for telecommuting purposes. Since this equipment becomes available without regard to the needs of telecommuters it is impossible to be completely fair about its distribution. Employees wishing to use such equipment should contact the Help Desk Team about what is currently available. Where there are more requests than equipment, priorities will be established in consultation with department management. 
      
      Computer technical support for computers used for telecommuting.
      The Help Desk Team will provide support for County-owned hardware and software for telecommuters on a second priority basis. Technical support for an employee's personal computer, which is used for telecommuting will be given third priority and limited to those things which the Help Desk Team believes are in the interest of Information Technology. In all cases the employee will be responsible for bringing the equipment into the office for repair or configuration as necessary. 
      
      Software provided by Information Technology.
      Normally Information Technology will provide software for employees who have their only computer in the home or where a temporary assignment is made. Software including operating systems and applications software for employees using surplus equipment will be the responsibility of the employee unless specifically required and identified by the Director. 
      
      
   3. Information Technology Acceptable Use Policy

      3.1	Purpose of County-provided Information Technology Resources. The purpose of County-provided information technology (IT) resources (e.g., computer hardware and software, electronic communication systems, telecommunications equipment, Internet use, and future technologies) is to support County agencies (offices and departments) in achieving their mission and goals, and to improve County government in general. These resources are intended to assist in the efficient and effective day to day operations of County offices, including collaboration and exchange of information within and between County offices, other branches of government and others. These resources also provide public access to public information. Effective use of County-provided IT resources is important to Weber County. To help improve the effectiveness of your use of these resources, incidental and occasional personal use is permitted, as long as such use does not: Interfere with existing rules or policies pertaining to the agency; Disrupt or distract the conduct of County business (e.g., due to volume or frequency); Involve solicitation; Involve a for-profit personal business activity; Have the potential to harm the county; or Involve illegal activities. Any resources used for personal use that incurs a cost must be reimbursed to the County.
      3.2	Purpose of this policy. The intent of this policy is to assure that: The use of County-provided IT resources are related to, or for the benefit of, County government. County-provided IT resources are used productively. Disruptions to County government activities, because of inappropriate use of County-provided IT resources, are avoided. The County government community is informed about confidentiality, privacy, and acceptable use of County-provided IT resources as defined in this policy. This policy is not meant to be a straight jacket on the use of these resources. Rather, the intent is to create an environment where communication can flow freely and with a minimum of policing. This policy should not discourage the County agency from using County-provided IT resources.  Refer to the following appendices for detailed information:  Please refer to the Weber County Internet Usage and Security Policy, 17.3 of the Weber County Policy and Procedures Manual
      3.3	Authority. County agencies shall comply with the policies and standards established by the County Commission. Any County agency may develop additional policies which may enhance this policy. The Commission has no authority over federal or state governmental entities, businesses, or individuals, except to the extent that they must agree to abide by this policy when using County-provided resources.
      3.4	Privacy Issues and Legal Implications. A County agency has the right to access and disclose the contents of electronic files, as required for legal, audit, or legitimate County operational or management purposes. Do not transmit personal information about yourself or someone else using County-supplied IT resources without proper authorization. The confidentiality of such material cannot be guaranteed. E-mail and other electronic files may be accessible through the discovery process in the event of litigation. Both of these technologies may create a "record" and therefore are reproducible and subject to judicial use.
      3.5	Retention/Disposition of Electronic Records. Just as with any other government record, electronic records are retained or disposed of in accordance with Government Records Access and Management Act (GRAMA). Refer to GRAMA or seek counsel from the County Administrative Records Manager for guidance in this area.
      3.6	Warnings/Corrective Actions. Each County agency shall review complaints or instances of unacceptable use brought to its attention. Violators are subject to corrective action and discipline, and may also be prosecuted under county, state and federal statutes.

   Disclosure Law

   Utah Code Annotated, Title 17, Chapter 16(a)

   1. To All County Elected or Appointed Officials, Officers, Employees and Members of Boards: Some officials and employees of the County have questioned whether or not they are subject to and in compliance with the County Officers and Employees Disclosure Act. In response to those concerns we have prepared a brief summary of the disclosure law and its requirements. Attached is a form to be filled out and filed with the Department of Human Resources. 
      
      
   2. Those Subject to the Act. The definition of those who are subject to the disclosure act is broad. All elected officials, all persons appointed as officers of the County or to County boards, committees, special districts (whether compensated or not), and all County employees are subject to the disclosure law. 
      
      
   3. Use of Official Position. The use of one's official position or the use of confidential information to secure special privileges, exemptions, or pecuniary gain for oneself or others is prohibited. 
      
      
   4. Assisting Others in Transactions With County. Assisting others in transactions with the County is not prohibited. However, if one is to be compensated for that assistance, then a sworn statement containing the following information must be filed with Human Resources within ten (10) days prior to an agreement providing for the compensation or ten days prior to the receipt of compensation. 
      
      The sworn statement must include:
      
      
      1. Name and address of the assisting person;
         
         
      2. Name and address of the person or business entity being or to be assisted, or in which the appointed or elected official has a substantial interest;
         
         
      3. A brief description of the transaction for which service is rendered or is to be rendered and a description of the nature of the service performed or to be performed.
      
      
   5. Interest in Business Entity Regulated by County. Everyone subject to the act who is an officer, director, agent, or employee, or the owner of a 10% or greater interest in any business that is regulated by the County must disclose the position he/she holds in the business entity and the value of any interest he/she owns in the business (if the value is more than $2,000.00). This disclosure must be made in a sworn statement filed with the Department of Human Resources.
      
      
   6. Interest in Business Entity Doing Business With the County. Everyone subject to the act who is an officer, director, agent, or employee, or owner of a 10% or greater interest in any business entity doing business with the County must disclose the nature of his/her interest in that business entity to any County body of which he/she is a member prior to any discussion by members of the body relating to the business entity. 
      
      
   7. Investment Creating Conflict of Interest. Any personal interest of or investment by an individual who is subject to the act, which creates a potential or actual conflict between the person's interests and his/her public duties must disclose in a sworn statement to the Department of Human Resources the nature and value of the interest or investment if it exceeds $2,000.00.

   Dress Standard

   1. Purpose To help define acceptable standards of dress for County employees in order to project a positive and professional image.
      
      
      1. Personal appearance has a direct bearing on the impression that the general public has of the County, its departments, and the services they provide. Employees shall dress in a manner that is neat and appropriate to their job classification and duties.
         
         
      2. Avoid extreme styles and excessive casualness. Extremely short or revealing apparel, short shorts, and sloppy clothing are not appropriate to represent Weber County.
         
         
      3. The Administrative Officer, with prior written approval from the Director of Human Resources, may develop an individual dress standard policy for their department.

   Drug Free Workplace

   1. Purpose. The purpose of this policy is to promote and maintain a drug free workplace for employees of Weber County so as to promote:
      
      
      1. The safety and well being of County employees and volunteers;
         
         
      2. The successful accomplishment of the County's mission; 
         
         
      3. The safety of the public at large.
      
      
   2. Definitions.
      1. Accident means any act, omission, or behavior that results in property damage or injury that requires any type of medical attention.
         
         
      2. Alcohol means ethyl alcohol or ethanol.
         
         
      3. Alcohol Test Results. A test for alcohol will be considered positive for intoxication when the blood alcohol concentration is equal to or exceeds the level defined by applicable state law. The test will be deemed positive if it exceeds levels defined by the County policy, as defined for those operating County vehicles or using a vehicle to do County business. A concentration level of .08% will be interpreted to mean that the individual is legally "under the influence" at the time the specimen was taken. A test result with a concentration below .08% will demonstrate that alcohol was present in the individual at the time the test was taken and may be impaired pursuant to the definition of intoxication impairment found in the definitions of this policy.
         
         
      4. County Employee means any person or officer employed full or part-time by Weber County and any of its elected offices or departments. 
         
         
      5. Detrimental Effect means a drug induced effect which causes impaired ability to work safely; particularly any negative effect on alertness, balance, or coordination.
         
         
      6. Drug means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia.
         
         
      7. Drug Testing means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this policy.
         
         
      8. Illegal Drugs means controlled substances that are not legally obtainable, and drugs that are legally obtainable, but have been obtained illegally or used in violation of law.
         
         
      9. Intoxication Impairment. In the State of Utah, a .08% blood alcohol level renders a person legally drunk. At this level, most people experience impaired functions. At lower levels, impairment is not uncommon, causing slower reaction time, coordination deterioration, blurry vision, and impairment of ones ability to make decisions. Although .08% is the legal limit for operating a motor vehicle, it is a violation of this policy to drive a County owned vehicle or a vehicle used for County business with a blood alcohol level in excess of .04%.
         
         
      10. Periodic Testing means preselected and pre-announced drug testing of employees or volunteers conducted on a regular schedule.
          
          
      11. Positive Drug Test Results. The results of urine specimen testing will be considered positive only in the event that both preliminary test and confirmatory test by the County's contracted laboratory show the presence of the same substance or presence of metabolites; or if the person being tested admits to the use of the substance.
          
          
      12. Prospective Employee means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education.
          
          
      13. Reportable Prescription Drugs means categories of prescription drugs to be reported to your supervisor, and include:
          
          
          1. Tranquilizers (e.g., Valium and Librium)
             
             
          2. Anti-Depressants (e.g., Prozac)
             
             
          3. Narcotic pain medications (e.g., Percodan and Demarol)
             
             
          4. Sedatives (e.g., Seconal and "downers")
          
          
      14. Random Testing means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category. 
          
          
      15. Reasonable Suspicion for Drug Testing means an articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that a local government employee or volunteer is in violation of the drug-free workplace policy.
          
          
      16. Rehabilitation Testing means unannounced by preselected drug testing done as part of a program or counseling, education, and treatment of an employee or volunteer in conjunction with the drug-free workplace policy
          
          
      17. Safety Sensitive Position means any county position (employee or volunteer) involving duties which directly affects the safety of county employees, the general public, or positions where there is access to controlled substances, as defined in title 58, Chapter 37, Utah Controlled Substances Act, during the course of performing job duties. Safety sensitive positions will include but not limited to:
          
          
          1. Employees assigned to personnel transportation such as bus or van drivers; drivers of trucks or other heavy equipment with a gross vehicle weight greater than 12,000 pounds; or trucks hauling hazardous materials.
             
             
          2. Peace Officers (All categories).
             
             
          3. Guards/Security Personnel.
             
             
          4. Transfer Station employees who operate equipment and/or work on the Transfer Station waste floor.
             
             
          5. Ice Sheet employees who operate the Zamboni or any other equipment.
          
          
      18. Sample means urine, blood, breath, saliva, or hair.
          
          
      19. State of Toxicity means drunkenness, or inebriation, resulting in impairment of physical and/or mental function. In the case of alcohol and other central nervous system depressants, it is characterized by one or more of the following: drowsiness, disturbed balance, coordination problems, slurred speech. In the case of stimulants and psychoactive substances, it is characterized by one or more of the following: euphoria, agitation, illusions, hallucinations, disorientation, paranoia, poor perception of time and distance, and convulsions.
          
          
      20. Substances of Abuse means substances for which urine testing will be conducted.
          
          
          1. Cocaine
             
             
          2. Opioids (e.g., Heroin, Codeine, and Morphine)
             
             
          3. Marijuana
             
             
          4. Amphetamines (e.g., speed, "uppers")
             
             
          5. Phencyclidine (PCP)
             
             
          6. Ecstasy
          
          
      21. Volunteer means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably
      
      
   3. Policy. Weber County is committed to providing a work environment which promotes the health and safety of its employees, volunteers and the general public. The County recognizes that substance abuse is a threat to the safety, health and job performance of all employees, volunteers and the public at large. In general, substance abuse includes use, possession, manufacturing, distribution, and being under the influence of alcohol, or other drugs, including the inappropriate use/abuse of prescription and over-the-counter drugs. Therefore, it is the policy of Weber County that the following activities are prohibited during working hours, on County property, during use or operation of a County vehicle, and at any time when performing County business:
      
      
      1. Any activity involving an illegal controlled substance, including use (defined as the presence of an illegal substance in a persons system, per NIDA standards), possession, manufacturing, or distribution (purchasing, giving away, or otherwise dispensing) are prohibited at any time (not just during working hours). Moreover, any conviction by a court of competent jurisdiction for illegal drug activity is deemed sufficient cause for dismissal from employment.
         
         
      2. Abuse of a legal substance, including alcohol, prescription, and over-the-counter drugs may also be a violation of policy. Prohibited activities involving a legal substance may include use, possession, distribution, or being under the influence of alcohol while on the job; use, possession, distribution, or being under the influence of drugs that are legally obtainable, but have not been obtained legally; and use of a drug in a manner, or for a purpose other than that for which it was intended or prescribed. Use of a legal prescription drug that has been prescribed by an employee's physician is permissible during work hours, but may require certification by the physician as to the ability of the employee to perform his/her job in a safe manner. The employee should notify the supervisor if use of a properly prescribed drug may affect work performance. Abuse of a prescription drug, or unauthorized use without a prescription from a licensed physician is prohibited.
         
         
      3. Use of County property, or one's position with the County to facilitate any illegal or prohibited drug activity, as defined in this policy.
      
      
   4. Discipline. Any employee who violates any provision of this policy is subject to disciplinary action, which may include: 
      
      
      1. Suspension without pay,
      2. Referral for substance abuse treatment, or
      3. Termination from employment.
      
      Disciplinary action shall be carried out in accordance with the merit rules and procedures.
      
      
   5. Drug and Alcohol Testing
      1. All employees and volunteers are expected to cooperate fully in providing urine or other specimens and information which may be required by these procedures. Failure to provide a urine specimen when directed, failure to provide an explanation of a positive test result, attempts to contaminate a specimen, or other interference with alcohol and drug testing procedures are grounds for disciplinary action.
         
         
      2. A signed and approved informed consent statement is required before a specimen may be collected. An individual's refusal to sign the informed consent form, or to deliver a specimen as directed, will be considered insubordination and is grounds for disciplinary action.
         
         
         1. Pre-Employment Testing All offers of employment are conditional offers until the prospective employee successfully passes a drug screening test. If the test results are positive for use of a prohibited substance, the results may be confirmed by an outside laboratory in accordance with State law. The prospective employee will be given an opportunity to explain such test results.
            
            
         2. Post Hire Testing All drug test requests, (except for after normal work hours post-accident testing), shall be initiated by or coordinated with the Department of Human Resources. After normal work hours post-accident testing shall be done as soon as reasonably possible at the McKay Dee Hospital by contacting (insert phone number for contact). 
            
            If the test results are positive for use of a prohibited substance, the results may be confirmed by an outside laboratory in accordance with State law. The prospective employee will be given an opportunity to explain such test results. 
            
            Drug and alcohol testing of employees will be conducted under the following circumstances: 
            
            
            1. Pre-employment hiring or selection procedures;
               
               
            2. Post accident investigations; 
               
               
            3. Reasonable suspicions investigations;
               
               
            4. Pre-announced periodic testing;
               
               
            5. Rehabilitation programs;
               
               
            6. Random testing in safety sensitive positions; or
               
               
            7. To comply with the Federal Drug Free Workplace Act of 1988, 41 USC 701-707, any successor statute, or other federally required drug policies .
      
      
   6. Policy Training and Testing Procedures. The Department of Human Resources shall conduct training in the Elected Officials/Department Head meeting on this policy and such other training deemed necessary to educate both supervisors and employees on the purpose and requirements of the policy and process for testing both during and outside of regular office hours. The Department of Human Resources shall also ensure that all agreements for sample collection and testing for drugs and alcohol in accordance with this policy be conducted in accordance with industry accepted standards. 
      
      
   7. Workplace Responsibilities
      Intoxication on the Job. It is the responsibility of each employee to report to work in a condition that is conducive to performance of his/her every-day work functions. For the maintenance of a safe work environment, no employee will be allowed to work while under the influence of alcohol or illegal drugs or in a state of toxicity. An employee who is found to be in violation of this policy is subject to disciplinary action. All employees who are found to be intoxicated while on the job, or unable to work due to medication, will either be sent home or to a medical facility. A safe means of transportation to the employee's home or medical facility, will be determined by his/her supervisor. If necessary, a supervisor will accompany an employee to a medical facility.
   
   

   Employee Assistance Program

   1. Weber County believes that it is in the best interest of the County and the public to assist employees who are less than fully productive on the job as a result of personal, family, financial, substance abuse, or related problems. Weber County establishes the Weber Employee Assistance Program to assist employees and return them to full productivity. 
      
      
   2. Eligibility and fees. All Weber County Employees, and their immediate family members who receive medical benefits, and their immediate dependent family members may participate in the Employee Assistance Program. Participants will not be assessed a fee for services provided by the Employee Assistance Program; however, if long term care is required to solve the problem, it will be the employee's responsibility to meet the expenses for such services. 
      
      
   3. Self Referral. Employees may request assistance on a self referral basis by contacting the Employee Assistance Program at 1-800-876-1989 and asking for the Employee Assistance Professional. If the employee who is seeking assistance from the Weber County Employee Assistance Program believes it is in their best interest to notify their supervisor or Administrative Officer that a personal problem may be affecting job performance, they may notify their supervisor personally or, by signing a release directing the Employee Assistance Professional to notify the Director of Human Resources or Administrative Officer of the general nature of the situation and steps being taken to resolve it. 
      
      
   4. Supervisor Referral. Administrative Officers concerned with an employee's performance may contact the Director of Human Resources to arrange assistance for the employee. Employees shall be reminded of the expected performance level and will receive an explanation of the resources available to the employee in meeting those standards. Participation in the Employee Assistance Program may be required by the Administrative Officer as a condition of continued employment. 
      
      
   5. Supervisor Involvement. Employees referred for assistance by their supervisor shall sign an agreement (release) authorizing release of information to the Administrative Officer and Director of Human Resources. The Employee Assistance Professional will make periodic reports to the Director of Human Resources of the employee's progress towards resolving work related problems and becoming fully functional on the job. In cases where the employee is cooperating through release of necessary information, the Administrative Officer or the Director of Human Resources may use such information to approve appropriate allowances for the use of sick leave, revised work assignments, work location and other conditions as necessary to allow the employee to regain full productivity.

   Garnishments

   1. Because garnishments disrupt the payroll process, the County discourages employees from receiving garnishments. Upon receipt of a garnishment the Department of Human Resources will notify the appropriate department director, who will then discuss the matter with the employee. More than one garnishment may subject the employee to disciplinary action.

   Grant Funded Employees

   1. From time to time the County may offer employment to employees whose salary, wages, and benefits are fully or partially paid from grant funds. It is the intent of the County that these employees are treated as merit employees with all rights of other employees as long as the grant continues. If the grant is discontinued or diminishes to such a point as to no longer make employment feasible the County reserves the right to terminate these employees without regard to seniority or other reduction-in-force requirements, as stated in this policy and procedures manual.
      
      
   2. Department Directors will provide a Grant Funded Employees Form to each employee employed under these parameters. The employee is required to sign and date such form and return it to their Department Director, who will then forward the form to the Human Resources Department.

   Nepotism

   It shall be the policy of Weber County to comply with the anti-nepotism clause as stated in the Utah Code, Annotated 1953, Title 52-3-1, as last amended.
   1. Definitions for Purposes of this Section:
      1. "Appointee" means an employee whose salary, wages, pay, or compensation is paid from public funds.
         
         
      2. "Chief Administrative Officer" means the person who has ultimate responsibility for the operation of the department or agency of the state or a political subdivision.
         
         
      3. "Public Officer" means a person who holds a position that is compensated by public funds.
         
         
      4. "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
      
      
   2. No public officer may employ, appoint, vote for, or recommend the appointment of a relative, in or to, any position of employment, when the salary, wages, pay, or compensation of the appointee will be paid from public funds and the appointee will be directly supervised by a relative, except as follows:
      
      
      1. the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;
         
         
      2. the appointee will be compensated from funds designated for vocational training;
         
         
      3. the appointee will be employed for a period of 12 weeks or less;
         
         
      4. the appointee is a volunteer as defined by the employing entity;
         
         
      5. the appointee is the only person available, qualified, or eligible for the position; or
         
         
      6. the chief administrative officer determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee.
      
      
   3. No public officer may directly supervise an appointee who is a relative when the salary, wages, pay, or compensation of the relative will be paid from public funds, except as follows:
      
      
      1. the relative was appointed or employed before the public officer assumed his position, if the relative's appointment did not violate the provisions of this chapter in effect at the time of his/her appointment;
         
         
      2. the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;
         
         
      3. the appointee will be compensated from funds designated for vocational training;
         
         
      4. the appointee will be employed for a period of 12 weeks or less;.
         
         
      5. the appointee is a volunteer as defined by the employing entity;
         
         
      6. the appointee is the only person available, qualified or eligible for the position; or
         
         
      7. the chief Administrative Officer determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee.
      
      
   4. When a public officer supervises a relative under Section 3.0:
      
      
      1. the public officer shall make a complete written disclosure of the relationship to the Administrative Officer of the agency or institution; and
         
         
      2. the public officer who exercises authority over a relative may not evaluate the relative's job performance or recommend salary increases for the relative.
      
      
   5. No appointee may accept or retain employment if he/she is paid from public funds, and he/she is under the direct supervision of a relative, except as follows:
      
      
      1. the relative was appointed or employed before the public officer assumed his/her position, if the relative's appointment did not violate the provisions of this chapter in effect at the time of his appointment;
         
         
      2. the appointee was or is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;
         
         
      3. the appointee is the only person available, qualified, or eligible for the position;
         
         
      4. the appointee is compensated from funds designated for vocational training;
         
         
      5. the appointee is employed for a period of 12 weeks or less;
         
         
      6. the appointee is a volunteer as defined by the employing entity; or
         
         
      7. the chief administrative officer has determined that the appointee's relative is the only person available or qualified to supervise the appointee.

   Occupational Safety and Health

   1. It is the intent of Weber County to comply with all applicable rules and regulations pertaining to the Occupational Safety and Health Act as established under federal and Utah State law.
      
      
   2. The County will make an effort to provide all of its employees with a working environment free from recognized hazards that are causing or are likely to cause death or physical harm to employees. Weber County requires that each employee comply with the occupational safety and health standards, orders, rules, and regulations promulgated under the Occupational Safety and Health Act. Compliance with this Act shall be accomplished through the establishment of an occupational safety and health program as outlined in this policy.
      
      
   3. General responsibilities. Administrative Officers shall be responsible for enforcing regulations and for issuing such rules as may be necessary to safeguard the health and lives of employees. In addition, they shall warn all employees of any dangerous conditions and permit no one to work in an unsafe place, except for the purpose of making it safe.

      3.1

      All supervisors and workers are responsible for ensuring clean work areas. An excessively littered or dirty work area constitutes an unsafe, hazardous condition of employment and should be remedied within a reasonable amount of time. When no other method or combination of remedies exists to minimize hazards due to toxic dusts, fumes, gases, flying objects, or burns from heat, acids, caustics, or any hazard of a similar nature, the County shall provide each worker with the necessary personal protection equipment, such as respirators, goggles, gas masks, protective clothing, etc. Provision shall also be made to keep all such equipment in good, sanitary working condition at all times.

   4. No employee may remove, displace, destroy, or carry away any safety device or safeguard provided for use in any place of County employment. In addition, no employee may interfere with the use of any method or process adopted for the protection of any County employee. Furthermore, no employee may refuse or neglect to follow and obey reasonable orders that are issued for the protection of the health, life, safety, or welfare of employees.
      
      
   5. In addition to the rules and regulations specified above, the following shall also apply:
      
      
      1. Where there is a risk of injury from hair entanglement in moving parts of machinery, employees shall cover or confine their hair to eliminate the hazard.
         
         
      2. Loose sleeves, tails, ties, lapels, cuffs, or similar garments which can become entangled in moving machinery shall not be worn where an entanglement hazard exists.
         
         
      3. Wrist watches, rings, earrings or other jewelry shall not be worn on the job where they constitute a safety hazard.
         
         
      4. No employee shall carry or possess alcohol or drugs on County property or work sites.
         
         
      5. No employee shall consume alcohol or illegal drugs on County property or work sites.
      
      
   6. Records and Reports. Administrative Officers shall keep an accurate record of all accidents involving an injury to an employee while on duty, whether or not time is lost from work. Reports shall be filed with the County Attorney's Office in compliance with Workers' Compensation Policy and Procedure. These records shall be available at all reasonable times to the Utah State Industrial Commission or its representatives upon request. Other records will be kept as requested by the Industrial Commission.
      
      
   7. Should any sudden or unusual occurrence or change of conditions occur (such as the appearance of toxic or unusual fumes or gases, major equipment failures, explosions, fires, etc.) that might affect the safety or health of County employees, the supervisor shall notify the Claims Manager of the County Attorney's Office as soon as possible. Such notification must be made whether or not any actual injuries result from the above occurrences or changes of conditions. 
      
      
   8. All fatal, potentially fatal, and serious accidents shall be reported immediately to the Claims Manager of the County Attorney's Office.

   Outside Employment

   1. Employees of Weber County shall not engage in any outside employment which in any way interferes with the proper performance of their duties or which results in a conflict of interest. Merit employees shall not engage in outside employment activities while on duty. 
      
      
   2. If the Administrative Officer determines that outside employment of a County worker is not in the County's best interest, the employee may be required to:
      
      
      1. Terminate or modify outside employment to the satisfaction of the Administrative Officer, or 
         
         
      2. Terminate employment with Weber County.
      
      
   3. Employees terminated under this section shall retain their rights to appeal as outlined in the Appeals section of this manual.

   Overtime and the Fair Labor Standards Act

   1. It is the policy of Weber County Government to comply with the Fair Labor Standards Act of 1938, as amended (FLSA). Each Administrative Officer and supervisor is responsible for ensuring compliance with the act in their department.
      
      
   2. Overtime. Any time actually worked in excess of forty (40) hours in any one work week will be considered overtime. Law enforcement and correction personnel will be deemed to have worked overtime when the time worked in a pay period exceeds eighty six (86) hours. It is the County's policy to discourage the use of overtime and to keep overtime to the barest minimum commensurate with the County's best interests. When overtime is necessary, compensatory time should be accrued whenever possible to minimize budgetary impact. Supervisory personnel should organize their department work loads to minimize overtime.

      2.1

      Approval. All overtime worked must be specifically assigned by an employee's supervisor or the Administrative Officer and approved in advance. (The only exceptions allowed are for Sheriff's deputies and certified public safety employees and in bona fide emergency situations when overtime is unavoidable and supervisors cannot be contacted for approval.) Complete accurate records of all overtime worked must be kept by each department. These records will be subject to review by the Human Resources Department and the Clerk/Auditor's Office.

      2.2

      Calculating Overtime. Only hours actually worked in any one work week will be used in determining overtime. Vacation, sick leave, holidays, and other similar leaves will not be considered hours worked for calculating overtime.

   3. Compensation. For employees identified as FLSA eligible covered under the overtime provisions of the Fair Labor Standards Act, overtime will be paid at the rate of time and one-half the regular rate of pay or accrued at one-and-one-half times the number of hours worked. This decision shall be made at the direction of the Administrative Officer in consultation with the employee. No overtime compensation will be granted to department directors, elected officials, chief deputies, and other employees specifically identified as FLSA exempt. (Any exceptions must be approved by the Director of Human Resources).

      3.1	Use of compensatory time. It is the responsibility of each Administrative Officer to schedule the use of compensatory time off for employees. Compensatory time should be used within a reasonable period of time and can only be taken with the prior approval of the Administrative Officer or supervisor.
      3.2	Accumulation. Thirty (30) working days (240 hours) shall be the maximum amount of compensatory time allowed to the credit of an employee at any one time. (However, the County Commission may authorize more than thirty (30) working days of compensatory time credit to accumulate for departments or units which experience heavy seasonal work loads or special emergencies.)
      3.3	Termination. FLSA eligible employees covered under the overtime provisions of the Fair Labor Standards Act who terminate will receive the cash value of the accumulated compensatory time.

   4. Reporting. Each department is responsible for reporting all compensatory time earned and used on its payroll time sheets. Vacation, sick leave, military leave, and other similar leaves should also be recorded on the time sheets. Time worked and leave taken shall be reported in increments of 15 minutes.

   Pay Plan

   1. General Provisions. The Director of Human Resources, in conjunction with the County Commission shall be responsible for the development and maintenance of a uniform and equitable pay plan which shall consist, for each class of positions, of minimum and maximum rates of pay and such intermediate rates as deemed necessary and equitable.

      1.1	Upon request, the Human Resources Department may obtain a salary survey of positions in the surrounding area. The Director shall then develop preliminary salary recommendations and present them to the County Commission.
      1.2	Annually, the County Commission shall review and adopt a compensation plan and fringe benefit package after considering the recommendations of the Director of Human Resources.

   2. Salary Range Criteria. Salary ranges shall be linked directly to the position classification plan and shall be determined with due regard to the following considerations:
      
      
      1. Pay ranges in other classes.
         
         
      2. Pay ranges of pay for similar employment.
         
         
      3. Cost-of-living considerations.
         
         
      4. Other benefits received by employees.
         
         
      5. The financial policy and economic conditions of the County.
      
      
   3. Adjustment to New Plan. When the County compensation plan is increased or decreased because of the considerations listed in 2.0, employees shall retain their respective position in the range for their class. 
      
      
   4. Salary adjustments. A salary adjustment may be made for special conditions relating to an employee's education, experience and an evaluation of the employees overall situation. Requests and justifications shall be written and submitted to the Director of Human Resources. Technical adjustments shall not affect an employee's eligibility date. The adjustment shall not exceed the salary range established for the position. 
      
      
   5. Extra Meritorious Increase. An increase granted to a merit employee which shall consist of not more than three steps. This increase shall be granted by written approval of at least two (2) Commissioners and the Human Resources Director, along with a signed Personnel Action Form. The increase may be granted for exceptional employee work performance, or to correct an inequity in pay.

   Payroll Procedures

   1. Direct Deposit. All employees shall be paid through direct deposit. The Director of Human Resources may make exception for temporary employees.
      
      
   2. Payroll Period. The County's payroll period starts on a Friday and ends on the second Thursday following it. Pay day is the next Friday following the end of the payroll period.
      
      
   3. Effective date. All salary and status changes shall become effective on the first day of the payroll period.
      
      
   4. Mandatory Deductions. The following items are automatically deducted from wages:
      
      
      1. Federal withholding tax
         
         
      2. Utah State withholding tax
         
         
      3. Social Security tax (FICA)
      
      
   5. Optional Deductions. Eligible employees may make arrangements to have any of the following items deducted from their paychecks:
      
      
      1. Group Insurance Premiums
         
         
      2. Selected Credit Unions (for deposits or loan payments)
         
         
      3. Approved Charitable Organizations
         
         
      4. United States savings bonds
         
         
      5. Other approved deductions
      
      
   6. Garnishments. Weber County is opposed to employees receiving garnishments on their wages. (When an employee receives a garnishment, their Administrative Officer should discuss the matter with the employee and arrange for improvement of the situation.)

      6.1	Employees will be assessed a processing charge for garnishments and wage levies.

   7. Payment following separation from county employment. Employees who leave the service of the County will receive all pay which may be due them when the next payroll is processed subject to the following conditions:
      
      
      1. Employees owing money, property, or material to the County at the time of separation shall have final pay applied against the account of whatever amount may be needed to satisfy it and shall be given a receipt for the amount credited. Partial settlement of an account by application of final pay shall not release an employee from any balance remaining due.
         
         
      2. Salary due and accrued vacation leave will, upon employee's death, be paid to the heirs of the deceased employee as provided by law.
      
      
   8. Uniform Allowance. Eligibility for uniform allowance and the amount of the allowance shall be determined by the Commission. Amounts will be pro-rated for part-time employees. (Approval to pay uniform allowance to an employee shall be requested on a Personnel Action Form. The Human Resources Department shall issue a schedule indicating eligible classifications and approved amounts.)

      8.1.	Employees receiving a uniform allowance are expected to satisfy all obligations incurred with the purchase and maintenance of uniforms. Employees failing to satisfy obligations shall be subject to disciplinary action which may include termination.

   Political Activity

   1. Right to Employment and Tenure. No person shall be denied the opportunity to become an applicant for a position under the merit system in any covered department by virtue of political opinion or affiliation.

      1.1	No person employed by the County under the merit system may be dismissed from service as a result of political opinion or affiliation.

   2. Political Activity. Except as otherwise provided by law, County employees may voluntarily participate in political activity subject to the provisions of the Weber County Merit Ordinance and other applicable laws or rules. All such persons may voluntarily contribute funds to political groups and become candidates for public office. The intent of this provision is to allow the individual freedom of political expression without jeopardizing public programs for which they are responsible.

      2.1	No County officer or employee, whether elected or appointed, may directly or indirectly coerce, command, advise, or solicit any officer or employee covered under the Merit System to pay, lend, or contribute part of their salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes. No County officer or employee, whether elected or appointed, may attempt to make any officer's or employee's covered by the merit system, personnel status dependent upon the employee's support or lack of support for any political party, committee, organization, agency, or person engaged in a political activity.
      2.2	No officer or employee may engage in any political activity during the hours of employment nor shall any person solicit political contributions from County employees during hours of employment for political purposes.
      2.3	Nothing contained herein shall be construed to permit partisan political activity of any County employee who is prevented or restricted from engaging in such political activity by provisions of the Hatch Act.

   Preventing Workplace Violence

   1. Policy. Weber County prohibits workplace violence, or the threat of violence, by any of its employees, customers, the general public, and anyone else who conducts business with the County. It is the intent of Weber County to provide a workplace which is free from intimidation, threats, or violent acts.
      
      
   2. Definition. Workplace violence includes, but is not limited to, verbal abuse, harassment, threats, physical attack, or property damage. A threat is the expression of an intent to cause physical or mental harm regardless of whether the person communicating the threat has the present ability to carry out the threat and regardless of whether the threat is contingent, conditional, or future. Any statement or act deemed offensive enough to create a hostile, abusive, or intimidating work environment may be interpreted as a threat. Physical attack is defined as: unwanted or hostile physical contact with another person such as hitting, fighting, pushing, shoving, or throwing objects. Property damage is any damage to property owned by the County or an individual.
      
      
   3. General Guidelines.Employees are expected to assist the general public and fellow employees in a courteous manner. The following guidelines are suggested actions to follow to reduce the potential for workplace violence:
      
      
      1. If a person becomes angry, the employee should courteously attempt to calm the person down by explaining that they would like to help them resolve their concerns and that if they each can communicate calmly this is likely to happen. If that does not work, the employee should get their supervisor involved or call for assistance from another employee.
         
         
      2. If a person is threatening bodily harm, the employee should attempt to leave the scene, if it can be done safely. The employee should notify another employee or supervisor if possible. If the supervisor is unaware of the situation, the employee should notify the supervisor as soon as it can be done safely. Every employee, is authorized and encouraged to call 911 when necessary. Employees should inform the dispatcher who they are, where they are, and what is happening.
   4. Violation of Policy. It is a violation of this policy and the Employee Code of Conduct to engage in any act of workplace violence. In accordance with County policies regarding conduct and discipline, any employee who has been determined to be in violation will be subject to disciplinary action up to and including termination and, depending upon the violent act, may be subject to criminal sanctions.
      
      
   5. Employee Obligations. Every employee shall act in accordance with 3.0 General Guidelines, and report all threats or acts of physical violence of which they know. If injury occurs, Workers' Compensation and Risk Management forms must be completed by the Administrative Officer.

      5.1

      Any employee who acts in good faith by reporting actual or implied violent behavior will not be subjected to retaliation. Employees having knowledge of a violent or potentially violent incident and failing to report it may face disciplinary action. Employees may, at their choice, make a report of workplace violence to any of the following: A. Any supervisor in the employee's chain of command B. The Human Resources Department C. Any County Commissioner, or D. The County Attorney's Office

      5.2

      Anyone receiving a report of workplace violence shall immediately inform the Director of Human Resources.

   6. Security Audit. On an annual basis or whenever the physical layout of the work space is significantly altered, the Administrative Officer should examine the escape routes of the work area and communicate any changes to all department employees. On an as needed basis, the Administrative Officer may request a security audit from the Risk Management Committee to determine whether any or additional security measures might be necessary and effective. All employees should openly communicate with each other to be aware of any unusual activity that may identify the potential for or actual occurrence of a violent incident. Administrative Officers are encouraged to solicit employee input regarding workplace security. Suggestions for improved security may also be channeled through the Training/Safety Officer in the Human Resources Department.
      
      
   7. Employee Training. The Administrative Officer or his designee, will orient all new employees to department procedures regarding reporting incidents of violence, what to do if the employee is threatened or if an incident of violence actually takes place, and dealing with the after effects of an act of violence.
      
      
   8. Employee Assistance Program (EAP). If an employee becomes the victim of an incident of workplace violence, the employee is encouraged to seek assistance from the EAP. When determined by an investigation that an employee committed a violent act, they may be referred to the EAP by the Administrative Officer. In these cases, failure by the employee to keep any appointments with the EAP may result in disciplinary action including termination of employment.

   References

   1. Policy. It shall be the policy of Weber County that information sought concerning employees or former employees (reference checks) shall not be released unless the employee or former employee has given written permission to do so and has released Weber County and its employees from any liability for any damage whatsoever arising from issuing such information. Information released is considered confidential and is provided for professional purposes only.
      
      Department Directors shall make every effort to make thorough reference checks prior to extending an offer for employment. The Department Director may coordinate with Human Resources when seeking references on potential employees.
      
      
   2. Release of Liability Form. Employees authorizing Weber County to release information shall sign a "Release of Liability to Provide Information" form. Such form shall be kept in the employee's personnel file located in the Human Resources Department. 
      
      
   3. Persons Authorized to Release Information. Information shall only be released by Elected Officials, Department Directors, and staff of Human Resources. Before providing information, the Human Resources Department shall be consulted to determine if a "Release of Liability to Provide Information" form is on file and whether or not there are other circumstances impacting release of such information.

   Rehire, Reinstatement, Tenure, and Status

   1. REHIRE. If certified by the Director of Human Resources as meeting the current minimum qualifications for the class of position to which they are being appointed after having resigned while in good standing or having been separated without prejudice:
      
      
      1. A probationary employee shall be eligible for rehire in their former class of position with temporary or probationary status.
         
         
      2. A regular employee shall be eligible for rehire with temporary, seasonal, probationary, or regular status, such status being at the option of the Administrative Officer.
         
         
      3. A temporary employee shall be eligible for rehire in their former class of position with temporary status.
      
      
   2. REINSTATEMENT. A regular or probationary employee on leave of absence without pay, shall be eligible for reinstatement to their former status and class of position in a position in a department without regard to other provisions of these regulations. A regular employee may be reinstated to a position having a different job specification than that of the position formerly occupied, if they are certified by the Director of Human Resources as meeting the current minimum qualifications for the class of position to which they are being appointed.
      
      
   3. TENURE AND STATUS. The tenure of office of every regular employee shall be during good behavior and the satisfactory performance of their duties as recorded by their performance rating. This provision, however, shall not be interpreted to prevent the separation of an employee because of the lack of funds or curtailment of work or the operation of a retirement program when made in accordance with these regulations, or the separation of a probationary employee without hearing or appeal.
      
      
   4.  In dismissals for cause and other punishments, the Administrative Officer will endeavor to ensure that like penalties shall be imposed for like offenses.
      
      
   5.  No person shall fill a position in an acting capacity for longer than a six (6) month period.
      
      
   6.  An employee of a County department who has attained Merit System status under the provisions of these Rules and Regulations shall retain such status without further examination.
      
      
   7.  If it is sought that any position which differs from its present status be exempted, a public hearing on the proposed exemption shall be held upon due notice.

   Sex Harassment

   1. General Policy Statement: It is the policy of the County that it will not tolerate verbal or physical conduct by any officer, employee or volunteer which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile work environment. Neither will such conduct be tolerated toward an applicant, member of the public, or a visitor.
      
      
   2. Guidelines:
      
      
      1. Sex Harassment Defined. While all forms of harassment (including ethnic, age, color, racial and religious) are prohibited, it is the County's policy to emphasize specific policy matters in relation to sex harassment. Sex harassment is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical acts of a sexual or sex-based nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) the conduct has the purpose or effect of unreasonably interfering with an individual's employment opportunities; or (3) such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. Sex harassment is an unlawful activity which is prohibited and is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. It is also a violation of this policy to retaliate or take reprisal in any way against anyone who has articulated any concern about sex harassment or discrimination against the individual raising the concern or against another individual. Any employee who engages in such activity will be subject to disciplinary action up to and including termination. 
         
         
      2. Statement of Prohibited Conduct. Weber County considers the following types of conduct to represent some of the types of acts which violate Weber County's Sex Harassment Policy:
         
         
         1. Physical Assaults of a Sexual Nature, such as:
            
            
            1. Rape, sexual battery, molestation or attempts to commit these acts;
               
               
            2. Intentional unwelcome physical conduct which is sexual in nature, such as touching, pinching, poking, patting, grabbing, or brushing against another employee's body.
            
            
         2. Unwelcome Sexual Advances, Propositions or Other Sexual Comments, such as:
            
            
            1. Sexually-oriented gestures, noises, remarks, jokes, or comments about a person's sexuality or sexual experience directed at or made in the presence of any employee. 
               
               
            2. Making as a condition of employment, or continued employment, the acceptance, submission or tolerance of sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward; and
               
               
            3. Subjecting, or threatening to subject an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee's job more difficult because of that employee's gender.
         
         
      3. Sexual or Discriminatory displays or publications anywhere in Weber County's work-place by County Employees, such as:
         
         
         1. Displaying pictures, posters, calendars, graffiti, objects, or other materials that are lewd, sexually demeaning, or pornographic, when said materials create a hostile, intimidating or offensive working environment, or otherwise unreasonably interfere with an individual's work performance.
            
            
         2. Displaying or allowing a display of signs or other materials (including electronically communicated messages or faxes) purporting to segregate, discriminate against or harass an employee by sex in any area of the work-place (other than within restrooms and similar semi-private lockers/changing rooms).
         
         
      4. Retaliation for sex harassment complaints such as:
         
         
         1. Disciplining, changing work assignments against the will of, providing inaccurate work information to, or refusing to cooperate or discuss work-related matters with an employee because that employee has complained about or resisted sex harassment, discrimination or retaliation; 
            
            
         2. Intentionally pressuring, falsely denying, lying about or otherwise covering up or attempting to cover up conduct such as that described in any item above.
         
         
      5. Other acts.
         
         
         1. The above is not to be construed as an all inclusive list of prohibited acts under this policy.
            
            
         2. Inappropriate behavior which has unwelcome sexual connotations to the receiver but does not meet the test of sex harassment may constitute "conduct unbecoming an employee" and shall also be subject to review, which may lead to disciplinary action up to and including termination.
         
         
      6. Employee's responsibility. Employees who are aware of, or become the subject of, sex harassment are urged to report such conduct to their Department or Division Director immediately. If their Department or Division Director is not appropriate to contact, then the employee is urged to contact the Sex Harassment Hotline, an audix phone system where complaints may be made anonymously or otherwise. The hotline number is: 399-8355. The County has two investigators, one male and one female. The investigators may be reached at 399-8355. If a conflict arises where neither investigator may ethically handle the investigation, an investigator will be appointed by the County Attorney's Office to investigate the complaint. An employee may, of course, also report any incidents of sex harassment to an employee's supervisor, the Human Resources Department or the Civil Division of the County Attorney's Office. The employee should continue to report to work while the County addresses their allegations and concerns. An employee is encouraged to verbalize their disapproval to the perpetrator, demand that the conduct cease, document the occurrences, and identify any witnesses who could substantiate the allegations. Employees who witness such acts of harassment should immediately report the incidents to their Department or Division Director or to the Human Resources Department.
         
         Employees are encouraged to speak out, make inquiries, and voice concerns about any sexually offensive conduct or harassment they observe, are the subject of, or to which they have knowledge, without fear of reprisal of their jobs. Employees are encouraged to direct the offender to stop their behavior. However, the employee is not required to obtain any admission or agreement by the offender before making a report of the offender's conduct.
         
         
      7. Supervisors responsibility. Each Department or Division Director and supervisor has a responsibility to maintain the work place free of any form of sex harassment, and shall report any incident to their respective Department or Division Director or the Human Resources Department.
      
      
   3. Confidentiality:
      
      
      1. Confidentiality of Records. In no event will information concerning a complaint of sex harassment be released to third parties or to anyone within the County who is not directly involved with the investigation. Department or Division Directors should maintain strict confidentiality over their knowledge of, and any actions with respect to an investigation. The purpose of this provision is to protect the confidentiality of the employee who files a complaint, to encourage the reporting of any incidents of sex harassment, and to protect the reputation of any employee wrongfully charged with sex harassment.
         
         
      2. Confidentiality of Investigations. All employees and any special investigators are required to maintain confidentiality with respect to on-going investigations or records involving complaints of harassment or inappropriate behavior. An exception to confidentiality shall be made with respect to appropriate supervisors, directors or legal authority for the purpose of conducting proper investigation and review through established procedures. However, subordinates and other supervisors outside the scope of the investigation or who are not a party to such, are excluded from the sharing of information or records pertinent to an investigation or action. Likewise, parties to the investigation are to be cautioned to maintain this same level of confidentiality. Whenever the restoration of an employee back to duty or without disciplinary action occurs as the result of a decision and order as the outcome of an investigation, the accused employee's personnel files and records shall be expunged of all reference to the alleged activity or harassment giving rise to the investigation.
      
      
   4. Discipline for Policy Violation:
      Violations of this policy may subject the offender to more serious discipline than may be assumed in a progressive discipline approach. Depending upon the seriousness of severity of any violation of this policy, the offender may subject to severe discipline, up to and including discharge.
      
      A written record of each action taken pursuant to the Policy will be placed in the offending employee's permanent personnel file unless the complaint is deemed unfounded or unless it is non-disciplinary oral counseling. The record will reflect the conduct, or alleged conduct, and action taken. Any disciplinary action that is taken against an employee regarding sex harassment cannot be removed from the permanent personnel file.

   Training

   1.  Weber County recognizes the importance of providing training that assists employees in advancing their technical and managerial skills necessary to improve service to the public.
      
      
   2.  Factors which will be considered when deciding whether an employee should receive training are:
      
      
      1. Applicability of training to County employment.
         
         
      2. Applicant's length of County service. 
         
         
      3. Administrative Officer's recommendation.
         
         
      4. Available alternatives.
         
         
      5. Available budget.
         
         
      6. Benefit to County.
         
         
      7. Cost of training.
         
         
      8. Effect on job performance during and after training.
      
      Employees are encouraged to avail themselves of in-house County training offered, but not limited to, that provided through the Human Resources Department. Various types of training appropriate for County employees may be deemed by the Human Resources Director as required or mandatory training.

   Transportation

   1. General provisions. County employees who drive a private vehicle in the normal course of their duties may receive payment for mileage driven. Payment for mileage shall only be made for authorized County business and shall not be paid to cover commuting mileage between an employee's residence and their customary work site. Payment for commuting mileage may be paid if an employee has to report to work in a private vehicle on a scheduled day off if they have completed their regularly scheduled work shift on the day prior to the day off. 
      
      
   2. Categories. Employees, with Commission approval, may be classified into one of the following categories:
      
      
      1. CATEGORY 1: MILEAGE REIMBURSEMENT. Employees may be reimbursed mileage at a rate not to exceed the IRS standard mileage rate when mileage is incurred in conduct of authorized County business and use of a county owned vehicle is not a viable option.
         
         
      2. CATEGORY 2: VEHICLE ALLOWANCE. Elected officials, other than County Commissioners, shall receive a vehicle allowance in an amount to be determined during the County's yearly budget process. 
         
         
      3. CATEGORY 3: COUNTY VEHICLE. County vehicles may be provided to employees requiring vehicles of specialized function, for example, dump trucks and emergency vehicles and employees required to be on call. Employees with work mileage averaging twelve hundred fifty (1,250) miles per month may also be provided a County vehicle. The County Commission shall approve assignment of vehicles.
      
      
   3. Certificate of license and insurance coverage. Employees driving their private vehicle for County purposes must provide proof of insurance with their mileage reimbursement form in order to receive reimbursement. Employees driving a County vehicle must provide property management with a copy of a valid drivers license. Employees driving either a private vehicle or a County vehicle must complete a "Certificate of License and Insurance Coverage." Such certificate shall be signed by the employee certifying they have a valid Utah Driver License and that it will be kept current while driving a vehicle while on County business. 
      
      Those employees driving a private vehicle shall maintain automobile liability insurance coverage with a minimum of $100,000 bodily injury each person/$300,000 bodily injury each occurrence/$100,000 property damage each occurrence (100/300/100).
      
      Employees who do not drive their personal vehicle on County business are required to comply with state law automobile liability coverage. Employees are recommended to carry adequate automobile liability coverages.
      
      Employees shall furnish evidence of insurance coverage to the Human Resources Department by requesting from the automobile insurance carrier a copy of insurance policy indicating proper amounts of coverage. Employees shall also certify they understand they may be subject to disciplinary action if either license or insurance is not kept current. Certificates shall be kept in the employee's file in the Human Resources Department.
      
      
   4. Commercial driver license (CDL). Employees operating a commercial vehicle must comply with all of the requirements of the Commercial Motor Vehicle Safety Act of 1986. This federal law governs the operation of the following vehicles:
      1. A single vehicle with a gross vehicle weight rating (GVWR) of more than 26,000 pounds.
         
         
      2. A trailer with a GVWR of more than 10,000 pounds if the gross combination weight rating is more than 26,000 pounds.
         
         
      3. A vehicle designed to transport more than 15 persons (including the driver).
         
         
      4. Any size vehicle which requires hazardous materials placards.
         
         
      5. Any size vehicle used as a school bus.

      4.1	Employees operating a commercial vehicle shall: Notify their immediate supervisor within 30 days of a conviction for any traffic violation except parking citations. Notify the Drivers license Division within 30 days if they are convicted in any other state of any traffic violation except parking citations. Notify their immediate supervisor if their license is suspended, revoked, or canceled, or if they are disqualified from driving. Not drive without a valid Commercial Driver's License. Not be allowed to drive if they possess more than one license or if their CDL is suspended or revoked.
      4.2	COSTS OF CDL. When it is necessary for employees to renew their CDL, the County shall pay $25 of the cost for the written test, $40 of the cost for the skills test and the total amount for all endorsements required by the County. Employees shall pay any remaining costs of the written and skills tests and for all endorsements not required by the County. The County shall also pay the entire cost for required physical examinations. The employee shall undergo the exam at a medical facility determined by the County. In specifying a medical facility, insurance coverage may be taken into consideration by the Administrative Officer. Expenses incurred by the County shall be paid out of department budgets.
      4.3	New employees may be expected to have a valid CDL upon hire and bear the entire cost of obtaining a CDL including medical examination costs. At the discretion of the Administrative Officer, the County may bear the cost of licensing for new employees and employees promoted or placed in positions requiring a CDL. The County may require employees to take the tests for skills and endorsements from a designated County employee trained in giving such tests. The Public Works Director shall implement and enforce procedures necessary to administer tests.

   5. Record keeping requirements. Employees receiving mileage reimbursement must keep proper and accurate records of miles driven. Mileage expense report forms are available from the Weber County Clerk/Auditor. Requests for reimbursement lacking all of the information required on the sample form will be returned to the Administrative Officer. 
      
      
   6. Method of payment. A requisition, available from the Clerk/Auditor, shall be submitted when reimbursement for travel expenses is requested. All documentation for the period applied for must be attached to the voucher when submitted. Vouchers shall be submitted to the Clerk/Auditor in accordance with current financial policy procedures.

   Uniform Departmental Responsibilities

   1. Human Resources Administration. Each Administrative Officer shall be responsible for the internal personnel administration and for the operation of the Merit System in their department, which shall include all matters pertaining to requests for certifications, appointments, promotions, demotions, reassignments, reclassifications, rehires, probations, separations, suspensions, tenure and reinstatements. Each Administrative Officer shall develop and implement procedures for carrying out the personnel policies of the department, to maintain records of all personnel actions, to administer a system of performance evaluations, to notify the Director of Human Resources as promptly as practicable regarding personnel actions, vacancies which may occur in the department, training of employees, and to perform such other duties as are prescribed by the Weber County Merit System Rules and Regulations and the Personnel Policies and Procedures.

   Workers' Compensation

   1. Eligibility. Weber County provides Workers Compensation benefits to all County employees and volunteers who registered with the Human Resources Department who become injured on the job and cannot perform their normal duties or who contract occupational diseases as covered under the Workers Compensation Act. Employees as defined in 34A -2 -101 et seq. Utah Code Annotated, or any successor statute, are entitled to Workers Compensation benefits. After an accident, Workers Compensation benefits continue even though the employee may have been fired or quit the job.
      
      
   2. Reporting. Any injury occurring on the job must be reported immediately to the employee's supervisor no matter how slight the injury may seem. Failure to report may result in benefits being lost or reduced. Supervisors must notify the Weber County Human Resources Department immediately (as soon as it is possible), so that the Claims Manager in the Human Resources Department can complete the Employer's First Report of Injury form and submit it to the Workers' Compensation Fund of Utah.
      
      
   3. Designated Preferred Provider Physicians. Employees injured while on the job shall immediately report to WorkMed, 1355 W. 3400 S., Ogden, Utah 84401, when medical attention is necessary, unless the injury occurs after hours, at which time the employee shall seek medical treatment from an after hours IHC Urgent Care or hospital emergency room. IF THE INJURY IS SERIOUS OR LIFE THREATENING, 911 SHOULD BE CALLED AND THE EMPLOYEE TREATED AT THE NEAREST EMERGENCY ROOM. After the initial visit to WorkMed, the employee may switch to a physician of their choice. Employees failing to use WorkMed may be responsible for payment of medical bills. Employees switching from WorkMed to a private physician are advised to notify the Workers' Compensation Fund. 
      
      
   4. Injury Leave. Employees who are injured while on the job shall comply with all regulations of the Workers' Compensation Act in the Utah State Code. Employees on Injury Leave without pay (for the complete pay period) shall not be required to pay any portion of the cost of medical, dental, or life insurance premiums provided by the County while on Workers' Compensation until they return to work. Employees on Injury Leave without pay shall not accrue sick and vacation leave. 
      
      
   5. Use of Leave. Employees injured while on the job shall use sick leave, if available, for the remaining work hours of the day of the injury and the first three calendar days following the day of the injury. Employees with insufficient sick leave balances may use vacation leave or compensatory (comp) time. Utah State law requires that no compensation from the Workers' Compensation Fund shall be paid for the first three days following the day of the injury. Beginning the fourth day, Workers' Compensation benefits shall be utilized.

      5.1

      Leave. Workers' Compensation benefits may be coordinated with available sick, comp time and vacation leave hours to maintain an employee's base gross pay level. Gross pay may be maintained by allowing the employee to utilize leave hours according to the following formula: "Base Gross Pay" minus "Workers' Compensation Benefits" equals "Compensation subject to leave utilization." "Compensation subject to sick leave utilization"divided by "the employee's hourly rate" equals "the number of hours the employee may use to maintain gross pay." Employees shall use sick leave, if there is a balance. If an employee has no sick leave to use, they may elect to take vacation leave or comp time to maintain gross pay. Employees without comp time, or sick or vacation leave balances shall be placed on injury leave without pay. Following an employee's return to work, partial absences from work, which relate to the original injury, may be charged to sick leave if available. Subsequent absences of a full day or more shall be treated in accordance with the paragraph 9.2, Compensation Payments.

   6. Return to work. Employees on Workers' Compensation shall resume the same or comparable position of the same grade and classification. If the employee, in the opinion of a physician, cannot perform the duties of the position from which leave was taken, the Administrative Officer is not required to accept the employee for work. The Administrative Officer may at their discretion request a second opinion to verify the physician's findings. A list of duties should be sent to the verifying physician. If the employee does not return when released from the physician's care the Administrative Officer shall notify the employee by certified mail that they are on unapproved leave and expected to return to work immediately. (An employee who does not report as directed by certified mail, and makes no contact with the Administrative Officer within three (3) days following the receipt of certified mail or signed receipt of delivery, shall be considered to have resigned and be terminated.) An employee who returns to work from Workers' Compensation and whose performance is subsequently found to be unsatisfactory may be discharged according to the provisions of the Weber County Merit Ordinance and Personnel Policy Manual.

      6.1	The County may require an employee to present medical certification from their physician of fitness to continue or resume work, or of physical inability to resume work.

   7. Medical Expenses. All medical expenses including prescription drugs incurred while treating on-the-job injuries shall be submitted by the employee to the Workers' Compensation Fund and not through County health insurance programs.
   8. Correspondence. After Weber County files the initial report of injury, any subsequent correspondence, or request for reimbursement should be handled directly between the injured employee and the Workers' Compensation Fund much the same as any other type of insurance claim. When the Workers' Compensation Fund receives an employee's report of injury, they assign a claim number and an adjuster to handle the claim. This claim number can be obtained from Workers' Compensation Fund, by calling and advising them of the social security number and the date of the injury.
   9. Note. The following paragraphs are descriptive of the benefits available under the Workers' Compensation Act and are included here as a convenience to County employees. In all cases, the rules of this act shall apply and Weber County hereby gives notice that it is the County's intent to comply with such act.

      9.1

      Coverage. Workers' Compensation covers and pays the following:  Hospital and medical bills. Time lost from work. Permanent loss of body function. Prosthetic devices. Death and burial benefits. Physicians are not allowed to bill for any unpaid amounts. Bills for unpaid amounts should be sent to the Workers' Compensation Fund.

      9.2 Compensation Payments.
      The physician's report predicts the length of time an employee will be off work. The employer's report indicates the employee's average gross weekly wage. This information is used by the Workers' Compensation Fund to figure the time and rate of compensation.
      
      

      TIME
      TIME OFF WORK	PAYMENTS BY
      Less than 3 days	None
      1 to 14 days	All except first 3
      More than 14 days	All (Including reimbursement for the first 3 days)

      
      In computing days, add the number of weekend days or holidays. Time off does not need to be consecutive days, but must be confirmed by a physician's report.
      
      Workers' Compensation rates are computed by multiplying the employees gross weekly wage by 66 2/3% and adding $5 for dependent spouse and $5 for each dependent child under eighteen (18) years of age. This figure must not be less or more than the minimum or maximum which has been established for any one given year by the State Industrial Commission. Current rates are: 
      
      

      BENEFIT RATE
      Effective Dates	Amount	Temporary Total	Permanent Partial	Permanent Total
      1/1/97	Minimum	$45	$45	$45
      1/1/97	Maximum	$346	$286	$365

      
      

      9.3	Lump Sum Settlement. After the physician's rating has been received by the Workers' Compensation Fund, permanent partial compensation payments will be made in the same manner that temporary total payments were made, usually every other week. Lump sum payments of the permanent partial award are not ordinarily made. However, in special cases of extreme hardship, consideration will be given to lump sum settlements. An 8% per annum discount can be deducted on all unaccrued amounts paid in a lump sum.
      9.4	Temporary Total Disability Compensation. Temporary Total Disability Compensation is paid according to the dates that the Physician certifies the employee is totally unable to work. During the time that the employee is receiving medical care, the Physician must send medical reports to the Workers' Compensation Fund to document the medical progress of the employee and to establish the dates for which temporary total compensation will be paid.
      9.5	Light Duty Work Release - temporary partial. When the physician certifies that the injured employee can do "light duty work" for a period of time (with the expectation that the employee will be able to return to full duty within a reasonably short time), the injured party will be paid 66 2/3 of the difference between the pay prior to the accident and the "light duty" salary, provided the employer at the time of the injury provides such work. If the employer at the time of the injury cannot supply such work, the injured employee is to remain on temporary total disability until released to return to work by the physician.
      9.6	Permanent Partial Disability Compensation. Permanent Partial Disability Compensation is given to an employee who suffers a permanent loss of body function because of a job injury. This rating may occur at the time the employee was released for work or it might be somewhat later when the employee had reached a state of recovery. It is a partial disability inasmuch as the employee is physically able to return to work. Disability ratings and compensation are fixed by law as to the amount of the permanent partial rating or award and are determined by the State Industrial Commission Rating Board.
      9.7	Permanent Total Disability. Permanent Total Disability begins when one of the following serious conditions exists: May be able to work - The employee meets the requirements of the Utah Code for permanent total disability for suffering the loss of function or the loss of both hands, or both arms, or both feet, or both eyes, or any combination of these. UNABLE TO WORK - The employee has sustained a permanent disability which is so serious and totally disabling that they would not be able to return to any work whatsoever. For such injuries, the employee would receive compensation over a period of 312 weeks (6 years) from the Workers' Compensation Fund. After that, the employee would receive weekly benefits from the Industrial Commission's special fund.
      9.8	Change of Physicians. Employees must first be treated by a Preferred Provider. The employee may make one change of physician without requesting the permission of the Workers' Compensation Fund, so long as the Fund is promptly notified of the change by the employee. Any changes beyond one physician made without the permission of the Fund may be at the employee's own expense. It shall be the responsibility of the employee to make the proper filings with the Industrial Commission when changing locale and physician.
      9.9	Artificial Appliance. The maximum insurance payment for an artificial prosthesis is $1,800, although in some few special cases this amount may be increased by the Industrial Commission. Broken appliances, such as eye glasses, may be replaced.
      9.10	Change of Address. Employees who change address must notify the County and the Workers' Compensation Fund. Employees leaving the state must complete two industrial compensation forms: A request for permission to leave the state, and An attending physician's certificate. These two forms legally protect you and guarantee the continuation of compensation benefits.
      9.11	Hearings. Employees who have questions or problems with the Workers' Compensation Fund may request a hearing by completing forms available from the Industrial Commission. Employees may be represented by an attorney at hearings. The attorney's fees will be paid from the award that might be granted. The rate of fee is fixed by the Industrial Commission and usually does not exceed 20% of the award.
      9.12	Social Security Benefits. Employees who are eligible for both Workers' Compensation and social security benefits will receive less social security benefits but will not receive less Workers' Compensation benefits.
      9.13	Unemployment Insurance. The unemployment insurance program at Work Force Services requires a person to make the declaration that they are physically able to work and would do so if given the appropriate opportunity. Therefore, employees would not be eligible for unemployment insurance if receiving Temporary Total compensation benefits because the physician believes that the employee is "totally" unable to work. However, when the physician releases the employee to return to work, the employee may be eligible for unemployment insurance up to the time that the employee is able to find a job. Injured employees must apply for unemployment benefits within the four week period following the day the physician releases the employee to return to work.
      9.14	Death Benefits. When the death of an employee is the result of an on-the-job accident or occupational disease, death benefits will be paid by the Workers' Compensation Fund to the spouse and/or dependents. There is also an allowance for burial costs.