Chapter 2.90 EMPLOYEE HANDBOOK

The purpose of this handbook is to provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. You should read, understand, and comply with all provisions of the handbook. It describes many of your responsibilities as an employee and outlines the programs developed by Vanderburgh County to benefit our employees. One of our objectives is to provide a work environment that is conducive to both personal and professional growth.

Nothing in this handbook is intended to, in any sense, constitute a contract of employment. Vanderburgh County is an “at will” employer, which means that either the employee or the County can end the employment relationship at any time with or without cause.

No employee handbook can anticipate every circumstance or question about policy. As the County continues to grow, the need may arise to change the policies described in the handbook. Vanderburgh County, therefore, reserves the right to revise, supplement, or rescind any policies or portion of the handbook from time to time as it deems appropriate. Employees will, of course, be notified of such changes as they occur.

These policies and procedures apply to all Vanderburgh County employees, except when in conflict with special employment conditions by the appropriate authorities such as collective bargaining agreements.

(2.90.010, Added, 11/10/2003, Replaced 2.88.)

2.90.015 Equal Employment Opportunity.

A. Equal employment opportunity policy: It is the County’s policy that equal employment opportunities be available to all persons without regard to race, sex, age, color, religion, national origin, disability, citizenship status, military status or any other category protected under federal, state or local law. This policy applies to employees and applicants and to all phases of employment including hiring, promotion, demotion, treatment during employment, rates of pay or other forms of compensation, and termination of employment.

The County will take appropriate steps to provide reasonable accommodations upon request to qualified individuals with disabilities so long as doing so does not cause an undue hardship for the County.

B. Anti-Harassment policy: The County is further committed to providing a workplace free of harassment of any employee because of the employee’s race, sex, religion, age, national origin, military status, disability, or any other category protected under federal, state, or local law. The County does not condone or tolerate, any harassing conduct based on an employee’s race, sex, age, religion, national origin, military status, disability, or any other category protected under federal, state, or local law. Any such harassment, whether in the office, at work assignments out of the office, at company-sponsored functions or elsewhere, is unacceptable and will not be tolerated.

Harassing conduct may include, but is not limited to: (1) epithets, slurs, stereotyping, or threatening, intimidating, or hostile acts that relate to race, sex, age, religion, national origin, military status or disability; and (2) written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, sex, age, religion, national origin, or disability. The County is committed to protecting employees from such harassment whether from other employees or non-employees such as vendors, contractors, visitors, citizens, or officials and has an express zero tolerance policy with respect to harassment in the work place.

Specifically included in this policy is a commitment to provide a workplace free of sexual harassment. Such harassing may include, among other things:

1. Unsolicited and unwelcome comments or conduct of a sexual nature or that are demeaning to women or men as a group (for example, offensive or vulgar jokes, name-calling, comments about one’s body or sex life, stereotyping based on a person’s sex, touching, leering, ogling, patting, pinching, indecent exposure, physical gestures, or displaying sexually explicit photographs or objects that might interfere with a reasonable person’s work);

2. Unsolicited and unwelcome demands or requests for sexual favors or social or sexual encounters;

3. An explicit or implicit promise of preferential treatment with regard to a person’s employment in exchange for sexual favors or sexual activity; and

4. The use of an employee’s or applicant’s submission to or rejection of sexual conduct as the basis for making, influencing, or affecting an employment decision that has an impact upon the terms and conditions of the individual’s employment (for example, hiring, firing, promotion, demotion, compensation, benefits, or working conditions).

Sometimes, people who harass others do not realize that their behavior is wrong. Although this is possible, it doesn’t make the perpetrator any less responsible for their actions.

If you suspect that someone doesn’t realize their behavior is sexual harassment under the definition of this policy, let them know and ask them to stop. Do so preferably via email so you can have records. Please do not use this approach when:

• Your Department Head, Supervisor or Elected Official is the perpetrator.

• Sexual harassment goes beyond the boundaries of off-hand comments, flirting or jokes.

In the above cases, report to The Board of County Commissioners as soon as possible.

If you believe you or any other employee is being subjected to conduct or comments that violate this policy, you have a responsibility to immediately report these matters to your Department Head. If for any reason you do not feel comfortable reporting your concerns to your Department Head, you may report your concerns to a member of the Board of County Commissioners.

Supervisors or Department Heads who become aware of any potential violation of this policy must timely report the potential violation to the Board of County Commissioners. Failure to timely report potential violations will result in appropriate discipline, up to and including discharge.

The Board of County Commissioners or its designee will begin investigation of the alleged harassment no later than the next business day after having received a report. In appropriate circumstances, the Board of Commissioners may refer the matter to the Human Relations Commission, the Equal Employment Opportunity Commission, or the U.S. Civil Rights Commission. Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. All employees must cooperate with any such investigation.

An accurate record of objectionable behavior is necessary to resolve a complaint of harassment. All complaints of harassment must be reduced to writing by either the reporting individual or one of the individuals who received the complaint.

The County will not retaliate against any individual who makes a report of harassment. Retaliation is considered a very serious violation of this policy and should be reported immediately. Any individual found to have retaliated against any employee who makes a report or against anyone participating in the investigation of a complaint of harassment may be subject to appropriate disciplinary action, up to and including discharge from employment.

The County will take prompt remedial measures to immediately end harassment. If an individual is found to have violated this policy against harassment, the investigating body will recommend disciplinary action, including, but not limited to, reprimand, reassignment of responsibilities, or immediate discharge.

This Anti-Harassment Policy will be reviewed by legal counsel every two (2) years, commencing January 1, 2022, and continuing January 1 of each successive even-numbered year.

Please help us maintain a comfortable work environment free from discrimination and harassment.

(Ord. 08-20-006, amended, 8/11/2020; 2.90.015, Amended, 02/07/2006, Amended second paragraph of Section C.; 2.90.015, Amended, 01/24/2006, Subsection A added “military status”; Subsection B amended; 2.90.015, Amended, 04/19/2004; 2.90.015, Added, 11/10/2003, Replaced 2.88.)

2.90.020 Drug-Free/Alcohol-Free Workplace.

The County recognizes that the use and abuse of drugs and alcohol can seriously impair an employee’s ability to perform his/her duties safely and efficiently. Drug and alcohol use and abuse not only jeopardize the public’s and co-workers’ safety, they undermine the public’s confidence in the County, our services, and its people. The County has established this policy as part of its ongoing efforts to maintain a drug- and alcohol-free workplace.

All employees are expected to report to work free from the influence of alcohol and illegal drugs and not to sell, distribute, dispense, possess, or use or conspire to sell, distribute, dispense, possess, or use an illegal drug or alcohol on the County’s premises or during working time. Likewise, all employees are expected not to misuse or abuse any prescription or nonprescription medications.

Employees using a prescription drug which may impair mental or motor functions so as to affect the employee’s ability safely to perform his/her duties must report the use of that prescription drug to a Supervisor prior to reporting to work after its use. For the safety of all employees, the County may place persons using such prescription drugs in a less hazardous job assignment, provided such assignment is available, or place them on temporary medical leave until released as fit for duty by the prescribing physician. The County reserves the right to have a physician of its choice determine if a prescription drug produces hazardous effects or to restrict the quantity the employee is allowed to bring to the workplace.

A. Pre-employment testing: Each individual who is offered employment as a regular full-time employee (see definition in section 2.90.055) must successfully pass a drug test as a condition of employment. Such test shall be under an approved program established by the Board of Commissioners. Subject to budgetary constraints, part-time employees may be subject to pre-employment drug testing under a program consistent with legal guidelines and as approved by the Board of Commissioners. The Board of Commissioners shall decide on an annual basis, subject to modification at any time, on the pre-employment drug-testing program to be administered.

B. Reasonable cause testing: When there is reasonable cause to believe that the employee has used drugs, the employee will be required to submit to a drug test. When there is reasonable cause to believe that the employee has used alcohol, testing may be required. “Reasonable cause” testing may be based upon such things as:

1. Specific observations concerning the appearance, behavior, speech, or body odors of the employee, including observation of drug use, drug possession, or possession of drug paraphernalia, physical signs or symptoms of being under the influence of a drug or alcohol, and signs and symptoms of chronic and/or withdrawal effects of drugs;

2. A pattern of abnormal or erratic behavior as evidenced by the employee’s work time actions, appearance, or conduct; or

3. Arrest or conviction for a drug-related offense.

An employee who is required to submit to a reasonable cause drug screen will be suspended until the results of the test are disclosed to the County. If the test result is negative, the employee will be paid for the regularly scheduled hours missed.

In any reasonable cause situation, the County will ensure that the employee is transported to an appropriate facility and then transported back to the work site, where a spouse, family member, or other individual will be contacted to transport the employee home. If the employee refuses to agree to any of these procedures and attempts to operate his/her own vehicle, the County will take appropriate efforts to discourage the employee from doing so, up to and including contacting local law enforcement officials. Any employee failing to cooperate with any of the procedures described above will be subject to discharge.

C. Post-accident testing: Drug or alcohol testing will be required in the event of an “accident” during work time. An “accident” is an event which results in (a) death; (b) bodily injury that requires medical treatment away from the scene of the accident; or (c) significant property damage. As soon as possible, the County will test each employee whose performance or conduct either may have contributed to the accident or cannot be completely discounted as a contributing factor to the accident.

D. Voluntary identification and rehabilitation/treatment: Any employee who voluntarily identifies himself as having a drug- or alcohol-related problem will not be subject to discipline for volunteering that fact. Rather, the employee will be permitted to take an unpaid leave of absence for the purpose of undergoing rehabilitation or treatment to permit the employee an opportunity to eliminate dependence on drugs or alcohol or to comply with other treatment plans as recommended by a substance abuse professional.

Employees who volunteer such information and participate in a rehabilitation/treatment program are not relieved of their obligation to comply with applicable rules concerning alcohol and drugs and will be subject to disciplinary action, including termination, for their violation.

Since the key to the County’s rehabilitative efforts is an employee’s willingness to admit and seek to remedy the problem, this provision is not available to an employee who requests protection after being asked to submit to testing or after the employee’s use of drugs or alcohol becomes a personnel issue based on direct observation or evidence obtained from an arrest or criminal conviction for a drug- or alcohol-related offense.

If the employee has successfully completed the rehabilitation/treatment program as verified in writing by the program’s administrator, the employee will be allowed to return to work when work is available for which the individual possesses the skills, qualifications, and experience or in accordance with the employee’s rights under the Family and Medical Leave Act. Return from rehabilitation may also be conditioned upon the employee’s compliance with individual responsibilities, which may include obtaining follow-up counseling and/or treatment.

Any costs associated with the voluntary rehabilitation/treatment program will be at the expense of the employee unless the charge is specifically covered under the County’s insurance policy, and the employee is an active participant in the insurance program.

(2.90.020 Amended 12/11/2007; 2.90.020, Added, 11/10/2003, Replaced 2.88.)

2.90.025 Electronic information systems policy.

E-mail, computer, and voice mail systems are County property and are intended for business, not personal, use. The systems are not to be used for personal use unless specifically authorized. Employees should not have any expectation of privacy as to any information or file maintained in or on County’s property or transmitted or stored through County’s electronic information systems or other technical resources.

The County strives to maintain a workplace free of harassment and is sensitive to the diversity of its employees and customers. Therefore, the County prohibits the use of its electronic information systems in ways that are unlawful, disruptive, offensive to others, or harmful to morale. For example, the display or transmission of images, messages, and cartoons that may offend others because of their sex, race, age, national origin, disability, or religion is prohibited. Such misuse includes, but is not limited to, ethnic or racial slurs, racial or sexual comments or jokes, or any other communication that shows disrespect for others on the basis of sex, race, national origin, disability, religion, or age.

Employees should remember that when they are using the County’s electronic information systems, they are creating County documents by using County property. These documents are not private and may be read by others at the County and, under some circumstances, by others outside the County.

Employees should also be aware that even though a message may be deleted from the system, a record of it may remain either on the daily backups of all data or in other ways. It is possible to re-create a “deleted” message. Therefore, ultimate privacy of messages is not assured to anyone.

In the event that any employee is using the County’s electronic information systems to communicate with legal counsel, all messages should be marked with the following in capital letters at the top of the message: “Confidential Communication - Attorney/Client Privilege.” In addition, such messages should not be sent to a distribution list, should not be forwarded to anyone else, and should not be retained on the system.

Under certain circumstances, the County may access information stored in its electronic information systems. While it is impossible to list all of the circumstances under which access may occur, some examples follow:

1. During regular maintenance of the system.

2. When the County has a business need to access the employee’s mailbox or computer files; for example, if the employee is absent from the office and the supervisor has reason to believe that information relevant to the day’s business is located in the employee’s files. Although electronic systems may accommodate the use of passwords for security, confidentiality is not guaranteed. All passwords must be made known to your Supervisor because your system may need to be accessed in your absence.

3. When the County receives a legal request to disclose electronic information.

4. When the County has reason to believe that employees are using its electronic information systems or other technical resources in violation of the County’s policies.

Violations of this policy may result in disciplinary action up to and including termination. Employees learning of any misuse of the County’s electronic information systems or a violation of this policy must notify the County of such misuse or violation immediately.

(2.90.025, Added, 11/10/2003, Replaced 2.88.)

2.90.030 Solicitation/distribution.

Vanderburgh County understands that in today’s society, employees are constantly being pressured by telephone solicitors and door-to-door sales representatives to purchase items or otherwise contribute to organizations. The County believes that employees will be happier and more productive if there are certain limitations placed upon efforts to solicit employees at work. Therefore, employees of the County may only engage in solicitation or distribution of literature in non-work areas during non-work time. “Work time” does not include breaks and meal periods.

The Board of County Commissioners may regulate the solicitation and distribution by any employee which disrupts or interferes with the normal operations of the County. “Solicitation” includes, but is not limited to, any act which requests, urges or seeks to induce an employee to give or obligate to pay money for any cause/reason or to sign any document indicating membership in any organization, association/group, or indicating support for or a pledge to such organization. “Distribution” is defined as providing literature (paper documents or email) advertising a good, service, organization or cause in which the materials are provided in an effort to encourage or persuade the recipient.

(2.90.030, Added, 11/10/2003, Replaced 2.88.)

2.90.035 Workplace violence.

Nothing is more important to the County than the safety and security of its employees. Threatening, intimidating, malicious, or violent behavior directed toward employees or other individuals by anyone on County property or during work time will not be tolerated.

The County will initiate an appropriate response to inappropriate behavior. This response may include, but is not limited to, suspension and/or termination of a business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person(s) involved.

All employees are responsible for notifying their supervisor or the Board of County Commissioners of any possible violations of this policy. Possible violations include threatening, intimidating, malicious, or violent behavior of which an employee has been the target, has witnessed, or has heard about from another individual if the behavior is job-related or has been or might be carried out on County property. Employees are responsible for making this report regardless of the relationship between the individual who initiated the inappropriate behavior and the person who was the target of the behavior.

If you receive or overhear any threatening communications from an employee or outside third party, report it to your supervisor at once. Do not engage in either physical or verbal confrontation with a potentially violent individual. If you encounter an individual who is threatening immediate harm to an employee or anyone else on our premises, contact an emergency agency (such as 911) immediately.

All reports of work-related threats will be kept confidential to the extent possible, investigated, responded to, and documented. Employees are expected to report and participate in an investigation of any suspected or actual cases of workplace violence.

The County expects all employees to help create a safe and secure work environment by complying with the letter and spirit of this policy.

(Ord. 08-20-006, amended, 8/11/2020; 2.90.035, Added, 11/10/2003, Replaced 2.88.)

2.90.040 Veterans preference.

Persons honorably discharged from the military or naval service of the United States, by reason of disability resulting from wounds or sickness incurred in the line of duty, shall be preferred for appointment to civil offices, provided they are found to possess the capacity necessary for the proper discharge of such offices. (Indiana Code 5 9 3 1)

The County shall allow preference points to eligible armed forces veterans who are being examined for full time employment. Preference points awarded to such veterans on each such examination shall be ten percent (10%) of the total number of points which may be obtained thereon.

To be eligible to receive preference points, under this chapter, a person must have: (a) Served on active duty in the armed forces of the United States for at least one hundred eighty one (181) days and (b) Received an honorable discharge.

(2.90.040, Added, 11/10/2003, Replaced 2.88.)

2.90.045 County contracts.

The County Commissioners have the sole authority to enter into contracts on behalf of Vanderburgh County, except to the extent that these powers and duties are expressly assigned to other elected officers by state statute.

(2.90.045, Added, 11/10/2003, Replaced 2.88.)

2.90.050 Recruitment/hiring.

Authorization to recruit and hire, to fill a vacancy in an existing or newly created position, rests solely with the elected official and designated department heads.

Basic qualifications of formal education, background and experience shall be determined before recruiting begins and shall be based upon job requirements as well as dictates of applicable federal, state and local laws and approved by the Vanderburgh County Personnel Administration Committee (Job Study).

Open and new job opportunities, insofar as practicable, shall be afforded employees in line with seniority principles subject to ability and job qualifications, to be reasonably determined by management. Open and new jobs may be posted on County work days, during which time any employee may make application in writing.

Whenever vacancies occur or new positions are created, this information may be publicly posted within County facilities. Bulletin boards located in County Government buildings will be used for posting job openings. The County encourages internal promotion and transfer whenever possible.

At the discretion of management and based upon the urgency and specialization of the job requirements, newspaper and trade journal advertising may be used in recruiting employees. Advertisements will describe the position, basic qualifications and state that the County is “An Equal Opportunity Employer.”

Applications. All applicants are required to complete a Vanderburgh County application form. The County’s standardized job application form shall be maintained by the County Commissioners. Applications are in the County Auditor’s office, County Commissioners office and County Council office and made available to elected officials, department supervisors, and applicants upon request.

Applications for County employment shall request only that information necessary for rational decision making. Only questions specifically related to occupational standards shall be asked.

All applicants must complete the County’s Employment Application in its entirety. Applicants must account for periods of employment and unemployment.

The County relies, upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the County’s exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.

Applications will be retained in active files for ninety (90) days. Applications will be returned to the County Auditor prior to hiring or being placed on the County payroll.

(2.90.050, Added, 11/10/2003, Replaced 2.88.)

2.90.055 Employment categories.

A. Full-Time/Part-Time

1. Regular Full-Time: A regular full-time employee is regularly scheduled to work 40 or more hours per week.

2. Part-Time: A part-time employee is any individual who is regularly scheduled to work less than 40 hours per week. Part-time employees may occasionally be required to work full-time hours because of business needs. These occasions will not alter the employee’s part-time status unless County management determines that the requirements of the position warrant converting the position to full-time status. If management makes that determination, the employee will be notified that his/her employment status is changed from part-time to full-time.

B. Salaried/Hourly

1. Salaried: Employees who are paid a predetermined amount of compensation regardless of the number of hours worked each week.

2. Hourly: Employee paid an hourly rate for hours worked.

C. Exempt/Non-Exempt

1. Exempt: An exempt employee is one whose duties and responsibilities are of an executive, administrative, or professional character (or exempt outside sales work) as described under the Fair Labor Standards Act and who is paid on a salary basis and is, therefore, exempt from the overtime and certain other provisions of the Act. Exempt employees sometimes perform a certain amount of work in excess of the typical 40 hour workweek without additional compensation.

2. Non-Exempt: A non-exempt employee is covered by the provisions of the Fair Labor Standards Act, including the provision for payment of all overtime hours worked.

D. Regular/Temporary/Probationary

1. Regular Employee: A regular employee is an individual who has been hired to fill a specific position for an indefinite period of time.

2. Temporary/Seasonal Employee: A temporary/seasonal employee is an individual who has been hired for work of a purely temporary nature. A temporary employee is entitled only to statutorily mandated benefits. Although temporary employees may be given anticipated dates of employment, the County does not guarantee employment for any specified period of time.

3. Probationary Employee: A probationary employee is one whose performance is being evaluated to determine whether further employment in a specific position or with the County is appropriate. Employees who satisfactorily complete their (90) day probationary period will be notified of their new employment classification. Employees may accrue sick leave and personal leave, but may not use them during the probationary period. By statute, merit (Sheriff Deputies) deputies are required to have at minimum, a one year probation period.

E. Other Employment Categories

1. Contractor: An individual who provides services to the County under the terms of a contract entered into by the individual and the County, or is assigned by an employment agency

(2.90.055, Added, 11/10/2003, Replaced 2.88.)

2.90.060 Overtime/Compensatory time.

All non-exempt County employees will be paid overtime pay at the rate of one and one-half (1.5) times their regular rate of pay for all time worked in excess of forty hours per week. Only time actually worked by the employee will be used for the purpose of calculating overtime pay. In other words, compensation for hours attributed for vacation, holidays or compensatory time off will not be included for the purposes of calculating overtime pay.

Due to budgetary constraints, the County encourages the use of compensatory time in lieu of overtime pay. Compensatory time off is earned at the rate of one and one-half times the actual time worked. For example, an employee who works one hour of overtime will receive 1.5 hours of compensatory time. Employees may utilize compensatory time off with advance notice and approval of their supervisor.

A. Compensatory Time Off Banks: Non-exempt employees who elect to receive compensatory time in lieu of overtime pay may accumulate compensatory time off as follows:

1. Public safety and emergency employees may accumulate up to four hundred eighty (480) hours of FLSA time off before cash overtime payments are required; and

2. All other employees may accumulate up to two hundred forty (240) hours of compensatory time off before cash overtime payments are required.

3. The Board of Commissioners reserves the right to pay accumulated overtime subject to statutory and budgetary constraints.

Upon separation of employment, these employees who elected to receive compensatory time are paid for all accrued but unused compensatory time at a rate of compensation not less than the employees’ average rate for the last three years of employment or the final regular rate, whichever is higher.

B. Departmental Leave: All exempt employees who work over forty (40) hours in a work week shall be granted one (1) hour of departmental leave time for each hour worked in excess of forty (40) hours in a week. All time taken off for departmental leave must have prior written approval of the employee’s supervisor. A request for departmental leave can be denied in the supervisor’s sole discretion.

No employee shall accrue more than eighty (80) hours of departmental leave at any time. Departmental leave is not payable at termination of employment with the County. Departmental leave may not be carried over to the next calendar year in excess of twenty (20) hours. Additional leave may be carried over in exceptional circumstances (e.g. a large number of hours accrued at the end of the year) with written approval of the County Commissioners. Leave will only be granted for hours actually worked over forty (40) in a work week (ie: if an employee takes eight (8) hours of vacation in a week and works thirty-five (35) additional hours no departmental leave will be granted).

C. Law Enforcement Personnel: For purposes of computing entitlement of overtime compensation, employees of the Vanderburgh County Sheriff’s Department, and any other employees who are classified as law enforcement personnel may, at the election of their supervisors, be subject to work periods based upon a twenty eight (28) day work period rather than the “normal work week” herein provided. For such personnel, the officeholder ultimately in charge may, at his/her discretion, establish a tour of duty work period of up to (28) days for each employee or class of employees during which such employees may be required to work one hundred seventy-one (171) hours without benefit of overtime compensation. The officeholder may, at his/her discretion, provide for shorter tours of duty so long as the maximum hours required are reduced proportionately and federal regulations are not violated.

D. County Highway: All exempt employees in the County Highway Department who work over forty (40) hours in one (1) week because of a declared state of emergency shall be paid overtime for all hours worked over forty (40) at a rate of 1 1/2 times their regular rate of pay. This subsection shall be considered effective as of November 6, 2005.

(2.90.060, Amended, 01/24/2006, Added a new subsection B, changed old subsection B to C, and added a new subsection D; 2.90.060, Added, 11/10/2003, Replaced 2.88.)

2.90.065 Applicant/personnel files.

Accurate personnel records should be kept on file for each employee, in the Auditor’s office, for a period of not less than seven (7) years and should be used to substantiate and support the employment decision in the event of inquiry.

Officeholders/department heads shall maintain an accurate personnel file for each employee. The personnel file should reflect each employee’s employment history and contain the following items:

1. application for employment

2. leaves of absences, conflict of interest forms and other related data

3. 99A’s for each employee

4. grievances, disciplinary action and other information

Officeholders/department heads shall also maintain a separate medical file for each employee that contains any medical or Worker’s Compensation documentation provided to the County.

The County Auditor shall maintain an accurate personnel file for each employee. The personnel file should reflect each employee’s history and contain the following items:

1. appointment/release form (pink slip)

2. leaves of absences, conflict of interest forms and other related data

3. 99A’s for each employee for each year of employment (to be submitted by January 15 of each calendar year)

4. insurance forms

5. PERF information

6. personnel handbook signature sheet

7. other information may be placed in the employee’s folder at the discretion of the office holder

A. ACCESS TO PERSONNEL FILES: Personnel files are the property of the County, and access to the information they contain is restricted. Generally, only officials and representatives of the County who have a legitimate reason to review information in a file are allowed to do so. With reasonable advance written notice, an employee may review material in his or her file. Upon request, the County will provide an employee copies of any documents contained in his or her personnel file.

B. PERSONNEL INFORMATION CHANGES: It is the responsibility of each employee to promptly notify the Auditor’s office payroll and benefits clerks and the County Council Executive Assistant of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times.

Name and address change forms are available in the County Auditor’s office.

(2.90.065, Added, 11/10/2003, Replaced 2.88.)

2.90.070 Use of telephone/faxes.

All employees who are authorized to make long distance calls/faxes in the course of conducting County business are issued a personal code number to enter during the placing of all long distance calls. Except for emergencies, no personal calls should be made on county business phones. Any long distance personal calls should be reported immediately to the department head and be reimbursed to the county.

(2.90.070, Added, 11/10/2003, Replaced 2.88.)

2.90.075 Orientation.

All new employees of elected office holders must have an appointment form (pink slip) processed and signed by the office holder by whom they are employed before payroll will be processed. All other new employees must have an appointment form (pink slip) processed and signed by the County Commissioners before payroll will be processed.

(2.90.075, Amended, 01/18/2005; 2.90.075, Added, 11/10/2003, Replaced 2.88.)

2.90.080 Probationary period.

The probationary period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The County uses this period to evaluate employee capabilities, work habits, and overall performance.

All new and rehired employees work on a probationary basis for the first 90 calendar days after their date of hire. By statute, merit (Sheriff Deputies) deputies are required to have at minimum, a one year probation period. Any significant absence will automatically extend a probationary period by the length of the absence. If the County determines that the designated probationary period does not allow sufficient time to thoroughly evaluate the employee’s performance, the probationary period may be extended for a specified period.

Upon satisfactory completion of the probationary period, employees enter the “regular” employment classification.

During the probationary period, new employees are eligible for those benefits that are required by law, such as worker’s compensation insurance and Social Security.

They may also be eligible for other employer provided benefits, subject to the terms and conditions of each benefits program. Employees should read the information for each specific benefit program for the details on eligibility requirements.

(2.90.080, Added, 11/10/2003, Replaced 2.88.)

2.90.085 Performance evaluation.

Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day to day basis. Additional formal performance reviews may be conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths and discuss positive, purposeful approaches for meeting goals.

(2.90.085, Added, 11/10/2003, Replaced 2.88.)

2.90.090 Outside employment.

An employee may hold a job with another organization as long as he or she satisfactorily performs his or her job responsibilities with the County. All employees will be judged by the same performance standards and will be subject to the employer’s scheduling demands, regardless of any existing outside work requirements.

If the County determines that an employee’s outside work interferes with performance or ability to meet the requirements of the employee’s position with the County, as it is modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain employed with the County.

Outside employment will present a conflict of interest if it has an actual or potential adverse impact on the County. County employees are encouraged to file a conflict of interest statement with the County Clerk, State Board of Accounts and Auditor whenever an employee’s outside business activities are directly or indirectly linked to the County in a business relationship such as vendor, supplier, contractor or independent subcontractor.

(2.90.090, Added, 11/10/2003, Replaced 2.88.)

2.90.095 Requests for information.

Occasionally, employees of the County are contacted by outsiders for information about the organization’s policies, practices or projects. All such requests must be referred to the officeholder/department head.

(2.90.095, Added, 11/10/2003, Replaced 2.88.)

2.90.100 Normal work week.

Except for the special tour of duty rules applicable to law enforcement employees, the work week for all County employees shall consist of forty (40) hours, comprised of five (5) consecutive days, during each of which the employee works eight (8) hours. Normal work days shall be Monday through Friday.

Individual department heads and supervisors may arrange individual employee schedules, set meal periods, starting and quitting times, according to the needs of each office and department.

(2.90.100, Added, 11/10/2003, Replaced 2.88.)

2.90.105 Work hours.

All County offices shall open for business by 8:00 a.m. and shall remain continuously open until 4:30 p.m. from Monday through Friday. Employees’ work schedules and breaks are the discretion of the officeholder/department head.

(2.90.105, Added, 11/10/2003, Replaced 2.88.)

2.90.106 Telework.

A. Except as provided in this Section and subject to the provisions of Subsections 2.90.106 A. 1. and 2., no Vanderburgh County employee shall perform their work from any location other than such employee’s Assigned Office.

1. The provisions of Section 2.90.106 shall not apply to Vanderburgh County Sheriff Deputies or the employees of the Vanderburgh County Circuit and Superior Courts.

2. The provisions of Section 2.90.106 shall not apply to any Vanderburgh County employee specifically authorized by the Vanderburgh County Commissioners to engage in Telework during the period of any Declaration of Vanderburgh County Disaster Emergency by the Vanderburgh County Commissioners or during any other period authorized by the Vanderburgh County Commissioners.

B. Definitions.

1. Assigned Office: The location that work is normally performed such as within the office space provided by the County for the use of an Officeholder or Department Head or in the field or while attending meetings or conferences as a part of work to be performed in connection with the execution of the duties of an Officeholder or Department Head.

2. Officeholder: With the exception of the Sheriff of Vanderburgh County and the Judges of the Vanderburgh County Circuit and Superior Courts, any elected Officeholder of Vanderburgh County.

3. Department Head: An appointed Vanderburgh County Department Head.

4. Telework: A mutually agreed upon work option whereby, on a temporary basis, an employee’s regular duties may be performed by the employee during set time frames (i.e., 7:30 a.m.-4:30 p.m. or 8:00 a.m.-5:00 p.m.) at the employee’s home, or at some other location pre-approved by the employee’s supervising Officeholder or Department Head and by the Board of Commissioners of Vanderburgh County.

C. Policy.

1. Eligibility.

a. Extenuating circumstances, including, without limitation, extremely long commutes, regular regional travel patterns and departmental constraints such as a lack of office space will be required to support Telework decisions.

b. Telework authorization will be available only on a limited basis and only to permanent employees.

c. An employee may not participate in Telework if his/her primary job description, as determined by the Vanderburgh County Council, requires him/her to be physically at an Assigned Office or in the field in connection with the work of the Assigned Office (i.e., inspectors, surveyors, assessors).

d. Telework cannot be combined with other scheduling options such as vacations, personal days or sick leave.

2. Telework Practices.

a. Telework must be performed at the authorized site only and only during the authorized hours. Teleworkers must be accessible by either phone or email at all times during the authorized teleworking hours.

b. Teleworkers must be available to perform work in their Assigned Office at any time required by the Officeholder or Department Head. Travel between the Telework site and the Assigned Office will not be reimbursed. Additionally, Teleworkers may be required to change their schedules and spend regular Telework days in the office to meet the operational needs of the Assigned Office. An employee participating in Telework must be able to respond to emergencies in the Assigned Office within one (1) hour. The Board of Commissioners or the applicable Officeholder/Department Head shall retain the right to terminate an employee’s Telework participation at any time.

c. Teleworkers must comply with all applicable laws, work rules, departmental policies and program guidelines. Performance standards will not be adjusted due to participation in the Telework option. Additionally, Teleworkers retain the same rights and benefits as on-site employees.

d. Teleworkers may not care for dependents or conduct personal business during their regularly scheduled Telework hours.

e. Under no circumstances may Teleworkers conduct personal meetings regarding County business (excluding meetings with Officeholders and Department Heads) with any person at the approved Telework location. Violations will result in immediate revocation of the Telework option and may lead to other disciplinary action, up to and including dismissal.

f. The Board of Commissioners and the Officeholder/Department Head shall have the right to inspect the Telework site during normal business hours to ensure adherence with all related policies and procedures.

3. Security and Confidentiality. All confidentiality rules shall apply equally to the Assigned Office and the Telework site. Confidential records must be logged in and out of the Assigned Office. Teleworkers must maintain files and work materials at the approved Telework site in a designated locked storage area. Violations of this security policy will result in immediate revocation of the Telework option and may lead to other disciplinary action, up to and including dismissal.

4. Equipment and Supplies.

a. The Assigned Office will provide routine office supplies such as paper, pens and staplers; however, it will not provide any office furniture. The County will not compensate or reimburse the Teleworker, nor will the County accept any responsibility for office furniture, furnishings, personal equipment or supplies used at the Telework site.

b. Support for all County equipment, such as laptop computers, will occur at the Assigned Office. The County will not provide any technical support at the Telework site.

c. The County will not specifically purchase, lease or otherwise obtain computers, printers, fax machines or other electronic hardware for use by the employee at the Telework site. Use of existing County equipment at the Telework site is subject to availability and requires the prior specific approval of the Board of Commissioners and the Officeholder/Department Head.

d. Remote high-speed computer access shall be required at all Telework sites at the employee’s expense. The Teleworker shall be responsible for installation and maintenance of telephone and internet service, including covering all incurred costs.

e. The Teleworker shall have access to the Vanderburgh County Computer System via a secured Virtual Private Network connection (“VPN”) arranged for under the policy of and through the Vanderburgh County Computer Services Department.

5. Reporting to the Vanderburgh County Commissioners. The Officeholder/Department Head shall obtain the prior approval of all Telework assignments by the Board of Commissioners and shall provide to the Vanderburgh County Commissioners an annual report which includes the names of participants, number of Telework hours compensated, the employees’ performance reports, office space saved, accounting of the commuter miles avoided and any anticipated extension of the permitted period of authorized Telework by an employee.

D. Procedure.

1. Requesting Telework.

a. The employee and his/her Officeholder/Department Head should first discuss whether Telework is an appropriate option for the employee.

b. If Telework is determined by the Officeholder/Department Head to be a reasonably necessary option, the employee will complete the Telework Feasibility Assessment and schedule a meeting with his/her Officeholder/Department Head.

c. The Officeholder/Department Head and the employee are to meet to review the feasibility of Telework. If it is agreed that Telework is reasonably necessary under the circumstances, the Officeholder/Department Head is to sign the Telework Feasibility Assessment and then, acting with the employee, complete the Telework Agreement. The Telework Agreement shall then be presented to the Vanderburgh County Commissioners for approval and signature in a public meeting. Proposed Telework Agreements shall be separately considered by the Board of Commissioners and shall not be placed on the consent agenda. The Telework Agreement may be withdrawn at any time during the approval process.

d. A copy of the signed original of the Telework Agreement shall be included in the employee’s personnel file.

e. The Teleworker shall be responsible for coordinating all necessary electronic services to the Telework Site such as software installation.

2. Monitoring and Supervision. Officeholders/Department Heads shall exercise ongoing monitoring and oversight of the Teleworker’s work performance. The Telework Log may be used as a monitoring tool. A weekly report shall be completed by the Teleworker and delivered without delay to the Officeholder/Department Head reflecting work completed during Telework hours. Any deficiencies related to Teleworking by an employee shall be brought to the employee’s attention immediately. Telework Agreements shall be limited in duration to no more than one (1) month and shall be reviewed by the Officeholder/Department Head every week.

E. Termination. Any Telework Agreement may be terminated with or without cause at any time by the Board of County Commissioners or by the Officeholder/Department Head or the employee by the terminating party giving at least twenty-four (24) hours notice to the other party and, in such case, a Termination of Telework Agreement shall be executed. Any such termination shall be reported to the Vanderburgh County Board of Commissioners at the next meeting thereof.

F. Forms.

a. Telework Feasibility Assessment (Exhibit A)

b. Telework Agreement (Exhibit B)

c. Telework Log (Exhibit C)

d. Termination of Telework Agreement (Exhibit D)

(Ord. 06-09-012 § 1, added 10/20/2009)

2.90.110 Flex time.

“Flex time” is the scheduling of employee work hours outside of the normal hours an office is to be open. Except with the restriction requiring all County offices to be open for business from 8:00 a.m. to 4:30 p.m. Monday through Friday, individual department heads and supervisors may incorporate “flex time” schedules for their employees. Meal times, starting and quitting time may vary among employees as long as there is proper coverage within the office or department.

(2.90.110, Added, 11/10/2003, Replaced 2.88.)

2.90.115 Job classification.

The County installed and adopted the Factor Evaluation System (FES) of job classification for all County jobs. It is regularly monitored and revised to reflect changes in job duties as they occur.

All County positions, except those of elected officials have been described and systematically grouped into job classes based on their fundamental similarities. Job descriptions have been prepared for all County positions. These descriptions are on file in the offices of the Auditor and County Council and are adopted by reference.

The job classifications are as follows:

A. (COMOT) Clerical/Office Machine Operator/Technicians

B. (POLE) Protective Officers and Law Enforcement

C. (LTC) Labor, Trades, and Crafts

D. (PAT) Profession/Administrative/Technological

E. (EXE) Executive

F. (PAT/MED) Professional/Administrative/Technological, Medical

G. (SO) Special Occupations

H. (U) Unclassified (Chief Deputies and other positions not listed in A - G)

(2.90.115, Added, 11/10/2003, Replaced 2.88.)

2.90.120 Smoking.

(Deleted June 13, 2006 –See 8.24, 2.90.120, Added, 11/10/2003, Replaced 2.88.)

2.90.125 Use of equipment and vehicles.

Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using property, including County telephones, employees are expected to exercise care, perform required maintenance and follow all operating instructions, safety standards and guidelines.

Please notify the supervisor if any equipment, machines, tools or vehicles appear to be damaged, defective or in need of repair. Prompt reporting of damages, defects and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee’s responsibility for maintenance and care of equipment or vehicles used on the job.

Employees operating County vehicles shall maintain the ability to legally operate assigned vehicles. County owned vehicles shall not be driven out of Vanderburgh County unless they are being used for official County business.

The improper, careless, negligent, destructive or unsafe use or operation of equipment or vehicles, as well as excessive or avoidable traffic and parking violations, will result in disciplinary action, up to and including discharge.

(2.90.125, Added, 11/10/2003, Replaced 2.88.)

2.90.130 Use of personal vehicles.

All County employees who use their personal vehicles for County business must have the proper insurance and a valid drivers license. Employees traveling out of town on County business will be reimbursed for mileage at the current rate set by the County Council per mile traveled.

(2.90.130, Added, 11/10/2003, Replaced 2.88.)

2.90.131 Use of Credit Cards.

A. Procedure for Obtaining a County Credit Card.

1. Upon application to and approval by the Board of Commissioners, a County official, officer or designated employee may become an authorized signer on a County credit card or account, which issuance and use shall be handled by the County official, officer, or employee; and

2. When the purpose for which the credit card has been issued has been accomplished, the credit card must be returned to the custody of the designated responsible person; and

3. Unless extraordinary circumstances are found to exist, only one (1) credit card will be issued to each County official, officer, or department.

B. Purposes for which credit card may be used.

Without the express prior approval of the Board of Commissioners, County credit cards may only be used for the following purposes:

1. Travel expenses related to training, state-called meetings, symposiums, conferences, and grant travel; and

2. “Emergency Conditions” under IC 5-22-10-4, when there exists, under emergency conditions, a threat to public health, welfare, or safety;

3. “Special Purchases” when delaying purchase of the required supplies or services until after approval can be obtained at the next scheduled meeting of the Board of Commissioners would seriously impair the functioning of the using agency under IC 5-22-10-9; and

4. Vendors which require or limit purchases to exclusively credit cards. Request must be submitted in writing to the Board of Commissioners identifying the vendor, the needed product or service, the duration (one-time, monthly, annually), and the amount of the purchase. If approved by the Board of Commissioners at a public meeting, the requested purchase will be added to a list, available for public inspection and maintained by the office of the Board of Commissioners and the Auditor’s Office. The authorized signer shall notify the Board of Commissioners and Auditor’s Office of any changes to the credit account purchase following approval. Decreases or cancellations do not require action at a public meeting, but any increase or additions must be approved at a public meeting.

C. Prohibited Credit Card Uses.

The following uses for credit cards are specifically prohibited:

1. Public funds cannot be donated or given to charitable organizations or individuals;

2. Credit cards may not be used to bypass the accounting system;

3. Payment cannot be made on the basis of a statement or a credit card slip only. Supporting documents such as paid bills and receipts must be maintained and available;

4. Any interest or penalty incurred due to late filing or furnishing by an official, officer or employee will be the personal obligation of the responsible official, officer or employee unless specifically authorized by the Board of Commissioners for good cause shown;

5. Unreasonable or excessive costs must be avoided and may be the personal obligation of the responsible official, officer or employee;

6. Payments for goods or services which are not received and/or not authorized may be the personal obligation of the responsible official, officer, or employee;

7. Authorized signers must ensure that their purchases do not incur any state gross retail and/or use taxes pursuant to IC 6-2.5-5-16; and

8. Personal expenses.

D. Credit Card Limit.

The maximum credit card limit will be Five Thousand Dollars ($5,000.00) unless the official, officer, or department provides supporting information for a higher limit, which is subject to approval by the Board of Commissioners.

E. Annual Fees.

An annual fee for the County credit cards is authorized by the Board of Commissioners if approved by the County Auditor. The County Auditor shall submit a recommendation to the Board of Commissioners for selection of the credit card provider.

F. Accounting.

The designated responsible official, officer, or employee must maintain an accounting system or log which includes the names of individuals requesting usage of the cards, their position, estimated amounts to be charged, fund and account numbers to be charged, and date the card is issued and returned and any other documentation deemed necessary for payment by the County Auditor. The designated official, officer, or employee shall be responsible for comparing credit card purchases to the credit card policy set forth in this Ordinance.

G. Revocation.

For good cause shown, including, but not limited to, violation of this credit card policy, the Board of Commissioners may revoke any County credit card.

H. Effective Date.

This Ordinance shall be in full force and effect after its passage by the Board of Commissioners, and following publication as provided by IC 5-3-1.

(Ord. 09-22-016 § 1, amended, 09/13/2022; Ord. 05-22-005, added, 05/24/2022)

2.90.132 Repealed 05/24/2022.

2.90.133 Repealed 05/24/2022.

2.90.134 Repealed 05/24/2022.

2.90.135 Personal use of county property.

Personal use of County facilities, vehicles and equipment is prohibited.

(2.90.135, Added, 11/10/2003, Replaced 2.88.)

2.90.140 Appearance of work areas.

The County expects the work areas of all employees to be well organized, clean and attractive.

(2.90.145, Added, 11/10/2003, Replaced 2.88.)

2.90.145 Blood borne pathogens.

Employees working in high risk jobs will be offered BLOOD BORNE Pathogen training and a series of Hepatitis B vaccinations for their protection. The County will provide this service free of charge for those employees wishing to participate in this program.

(2.90.145, Added, 11/10/2003, Replaced 2.88.)

2.90.150 Compensation.

The County has described and evaluated all of its positions according to (FES) guide charts as to their relative degree of difficulty and responsibility, and grouped them into classifications based on their similarities. Pay schedules have been developed and adopted for each job category. The County Council conducts an annual wage and salary analysis that is reviewed during budget hearings. County Council sets the pay rates for all positions during annual budget hearings. Approved pay rates generally become effective at the beginning of the next budget year, unless otherwise indicated. All appropriate County documentation must be provided to the Auditor prior to an employee being compensated.

(2.90.150, Added, 11/10/2003, Replaced 2.88.)

2.90.155 Job classification/compensation review.

Any change in job classifications or pay rates must be approved by the County Council. The Vanderburgh County Personnel Administration Committee (Job Study) oversees maintenance of the job classification and pay plan. This Committee serves in an advisory capacity.

In the event that an elected official or department head wishes to create a new position not currently classified or reorganize jobs within an office or department, review seniority, abolish a position, or if an employee desires to have a job classification review made of his/her position, the County has established the following procedures:

Job Classification Review Form(s) are available with the County Council Executive Assistant. Upon completion and return of the Review Form and provision of any other supplemental information, the Committee and personnel professionals retained by the County will meet to consider all pending requests at least on a quarterly basis commencing in January of each year to evaluate the requested action and make recommendations to the County Council. Such quarterly Job Study Committee meetings shall be advertised pursuant to the Indiana Open Door Law and such meetings shall include an agenda distributed to Job Study Committee members at least two (2) days prior to the scheduled quarterly meeting.

(Ord. 01-18-004 § 1, amended, 01/02/2018; 2.90.155, added, 11/10/2003, replaced 2.88.)

2.90.160 Timekeeping.

Accurately recording time worked is the responsibility of every nonexempt employee. The County Auditor shall keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties.

Nonexempt employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work must always be approved before it is performed.

Tampering, altering, or falsifying time records, or recording time on another employee’s time record shall result in disciplinary action, up to and including discharge.

(2.90.160, Added, 11/10/2003)

2.90.165 Paydays.

The payroll schedule is established by the Vanderburgh County Auditor. Generally the County has two paydays per month. Employees need to contact supervisor for their scheduled paydays.

(2.90.1665, Added, 11/10/2003, Replaced 2.88.)

2.90.170 Separation of employment.

Since employment with the County is at-will and based upon mutual consent, both the employee and the County have the right to terminate employment at any time, with or without cause.

Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is separated:

Resignation: Voluntary employment termination initiated by an employee. Although advance notice is not required, the County requests at least two weeks written notice from the employee.

Discharge: Involuntary employment termination initiated by the County.

Layoff: Involuntary employment termination initiated by the County for non disciplinary reasons.

Retirement: Voluntary employment termination initiated by the employee meeting County retirement criteria, such as age and length of service.

Exit interviews are scheduled by the department head/elected office holder at the time of employment termination to afford an opportunity to discuss such issues as employee benefits, conversion privileges, repayment of outstanding debts to the County, or return of County owned property. Suggestions, complaints and questions should be expressed. Such suggested changes, complaints or questions shall be submitted to the Office of the Board of Commissioners by the department head/elected office holder within 3 business days of the exit interview. Employees will receive their final pay in accordance with applicable state law.

The County shall provide all eligible retired County employees (and, where applicable, to the employee’s surviving spouse and dependents) the group health insurance programs it maintains from time to time for its active employees, all in accordance with and subject to the terms and conditions of I.C. 5 10 8 1 through 5 10 8 4.

The eligible retired employee securing coverage under this section must file a written request for such insurance coverage with the County Auditor within ninety (90) days after his or her retirement date, and shall follow the written procedures prescribed by the County Auditor for collection and payment of the insurance premium.

(2.90.170, Added, 11/10/2003, Replaced 2.88.)

2.90.175 Return of property.

Employees are responsible for all property, materials, or written information issued to them or in their possession or control. All property must be returned by employees on or before their last day of work. When permitted by applicable laws, the County may withhold from the employee’s check or final paycheck the cost of any items that are not returned when required. The County may also take all action deemed appropriate to recover or protect its property.

(2.90.175, Added, 11/10/2003, Replaced 2.88.)

2.90.180 Longevity pay.

The County Council has a seven step longevity pay schedule for all full time PAT - COMOT EXECUTIVE classified positions. Each step qualifies the employee for longevity pay increments. The amount of longevity step increments shall be determined annually by the County Council. Employees in a bargaining unit have their wage package covered by contract language.

The longevity pay schedule is as follows:

Step 1. six months of service

Step 2. 2 years of service

Step 3. 5 years of service

Step 4. 10 years of service

Step 5. 15 years of service

Step 6. 20 years of service

Step 7. 25 years of service

POLE positions are designed base salaries, plus seniority increments each (3) years, effective pay period following the anniversary date of hire.

PAT/MED longevity is determined in (3) year increments.

(2.90.180, Added, 11/10/2003, Replaced 2.88.)

2.90.185 Benefits and services.

Eligible employees in the County are provided a wide range of benefits. A number of the programs (such as Social Security, worker’s compensation, state disability and unemployment insurance) cover all employees in the manner prescribed by law. Benefits eligibility is dependent upon a variety of factors including employee classification. As prescribed by the County’s insurance carrier, there is a full time employee active service requirement for employees to qualify for life and medical benefits.

The Auditor’s office Insurance Clerk can identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in the employee handbook. Some benefit programs may require contributions from the employee.

(2.90.185, Added, 11/10/2003, Replaced 2.88.)

2.90.190 Vacation benefits.

Paid vacation is available to regular full-time employees to provide opportunities for rest, relaxation and personal pursuits. Annual vacation benefits are based upon an employee’s length of service and are calculated on a calendar year basis. Employees will not be paid for vacation benefits upon separation from employment, during the first calendar year of his/her employment with the County. All vacation benefits will be determined as of December 31 of the prior year and be available, subject to scheduling as provided below, starting on January 1 of the current year.

Vacation benefits accrue in accordance with the following schedule. New hires whose hire date falls between June 1, 2022 and December 31, 2022 will have their accruals become effective January 1, 2023.

LENGTH OF SERVICE	VACATION TIME
JANUARY 1 – MAY 31	5 WORKING DAYS OF VACATION AFTER 6 MONTHS OF EMPLOYMENT, TO BE USED THE SAME CALENDAR YEAR.
JUNE 1 – DECEMBER 31	5 WORKING DAYS AFTER JANUARY 1 UPON REACHING 6 MONTHS OF EMPLOYMENT FROM HIRE DATE, TO BE USED THE SAME CALENDAR YEAR.
LESS THAN 1 YEAR OF SERVICE BY JANUARY 1	.833 DAYS PER MONTH FOR EACH MONTH OF CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR
AT LEAST 1 YEAR AND LESS THAN 4 YEARS CONTINUOUS SERVICE PRIOR TO THE FIRST DAY OF JANUARY OF THE CURRENT YEAR	10 WORKING DAYS OF VACATION EARNED AT .833 DAYS PER MONTH
AT LEAST 4 YEARS OF CONTINUOUS SERVICE AND LESS THAN 9 YEARS CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR	15 WORKING DAYS OF VACATION EARNED AT 1.25 DAYS PER MONTH
9 YEARS AND LESS THAN 14 YEARS CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR	20 WORKING DAYS OF VACATION EARNED AT 1.666 DAYS PER MONTH
14 YEARS AND LESS THAN 19 YEARS CONTINUOUS SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR	25 WORKING DAYS OF VACATION EARNED AT 2.08 DAYS PER MONTH
19 OR MORE YEARS OF SERVICE PRIOR TO JANUARY 1 OF THE CURRENT YEAR	30 WORKING DAYS OF VACATION EARNED AT 2.50 DAYS PER MONTH

Employees must request advance approval from their supervisors prior to utilizing vacation. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. Vacation time off is paid at the employee’s base pay rate at the time of vacation. Vacation days must be taken in the benefit year earned, except as specifically provided by this subsection.

Upon separation of employment, an employee will be compensated for unused vacation time. In addition to the unused vacation time available on January 1 of the current year, the employee shall be paid, on a pro-rated basis based upon the date of separation, for time worked in the current year which would have been available on January 1 of the succeeding year. Vacation benefits must be used by the last day of the pay period of the applicable year, except a maximum of forty (40) hours of vacation benefits per calendar year may be rolled over to be used by January 31 of the next year. The Auditor must be provided a report of employee vacation to be rolled over into the following year. Any vacation benefit rolled over into the following year to be used after January 31 of the following year, must be used within the first quarter of the calendar year upon prior approval from the department head/office holder. Employees will not be compensated for unused, rolled-over vacation benefits and any unused, rolled-over vacation benefits permanently expire after the first quarter of the following calendar year. Employees who fail to give two (2) weeks’ notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused vacation time.

The Auditor must be provided a report of employee vacation days used each payroll period. Proper documentation must be available upon employee retirement for an employee to be compensated for unused vacation days.

(Ord. 02-23-003 § 1, amended, 2/7/2023; Ord. 12-22-023 § 1, amended, 12/13/2022; Ord. 03-21-006 § 1, amended, 3/30/2021; 2.90.190, Added, 11/10/2003, Replaced 2.88.)

2.90.195 Holidays

All regular full time employees will receive regular pay for those holidays designated by the County Commissioners. Regular part time and temporary employees do not receive compensation for holidays.

To be eligible for holiday pay, an employee must work the last scheduled working day before and the next scheduled working day after each holiday, unless the employee is on a paid vacation, sick or bereavement leave. If an eligible employee works on a recognized holiday, he or she will receive holiday pay wages at one and one half times his or her straight time rate for the hours worked on the holiday. Straight time or base rate pay is the employee’s annual salary divided by scheduled hours for that calendar year.

(2.90.195, Added, 11/10/2003, Replaced 2.88.)

2.90.200 Family and medical leave.

The Family and Medical Leave Act of 1993 provides eligible employees with up to 12 weeks of unpaid leave for their own serious illness, the birth or adoption of a child or the care of a seriously ill child, spouse or parent. For an employee to be eligible for medical leave, he or she must have been employed by the County for at least one year and have worked 1,250 hours within the previous 12 month period. The County utilizes a rolling 12-month period measured backward from the date an employee uses any leave under the FMLA for computing eligibility for leave.

When an employee plans to take Family or Medical Leave under this policy, the employee is required to give the County 30 days written notice or if this is not possible, as much notice as is practical. Requests for leave of absence forms must be submitted to the Department Head and thereafter given to the Board of County Commissioners for final approval. An employee undergoing planned treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to County operations.

The County may require an employee to report periodically during the leave period on the employee’s leave status and the employee’s intention to return to work. Employees returning from FMLA leave will be given the same job or an equivalent job with equivalent pay, benefits and other employment terms. The County will consider an employee’s failure to report to work at the end of the leave period as an employee resignation.

The County may require medical certification to support a claim for leave for an employee’s serious illness or the serious illness of a child, spouse or parent. For an employee’s own medical leave, the certification must include a statement that the employee is unable to perform the functions of his or her position.

For leave to care for a seriously ill child, spouse, or parent the certification must include an estimate of the amount of the employee’s time that will be needed to care for the child, spouse or parent. The County reserves the right to require a second medical opinion from an independent medical provider. The County will pay for the second opinion and will designate a provider who is not an employee of the County of Vanderburgh. If the two opinions conflict, the employer will pay for a third opinion. The opinion of the third provider is final and binding on both the County and employee.

All accrued sick leave and vacation leave will be applied to leave for pay purposes. Unused sick leave in an employee’s sick leave bank must also be used during the leave period. Accruals for benefit calculations, such as vacation, sick leave or holiday benefits, will not be affected by the taking of family and medical leave.

The provisions of this policy shall be governed by the Family and Medical Leave Act of 1993.

(2.90.200, Added, 11/10/2003, Replaced 2.88.)

2.90.205 Sick leave.

The County provides paid sick leave benefits to all regular full-time employees for periods of temporary absence due to illness or injuries. Part time, temporary and probationary employees are not eligible for this benefit.

Eligible employees will receive regular pay for illness or injury for up to nine (9) days each calendar year. New employees employed only a portion of the year will receive up to 6 hours per month. Unused sick leave “rolls over” into employees’ sick leave bank at the end of each calendar year. Department heads shall report sick days to the Auditor’s Office with the payroll reports.

Upon separation of employment, an employee will be compensated for unused sick leave on a pro rated basis based upon the date of separation. Employees who fail to give two (2) weeks notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused sick leave.

The following conditions and stipulations shall apply to sick leave:

A. Sick leave may be taken only for reasons of sickness or injury. Sick leave may be granted:

1. When incapacitated for the performance of duty by sickness or injury.

2. For medical, dental, or optical examination or treatment - verbal approval from supervisor or department head must be obtained in advance.

3. When, through exposure to contagious disease, presence at work would jeopardize the health of others.

B. Employees who are unable to report to work due to illness or injury should notify their direct supervisor before the scheduled start of their workday if possible. The direct supervisor must also be contacted on each additional day of absence.

C. To be eligible for payment for sick leave of more than three (3) consecutive days, an employee must submit to his/her supervisor a physician’s report certifying that the employee has been ill or injured and unable to perform his/her employment during the period of his absence.

D. If sick leave is taken the day before or the day after a holiday, the employee shall provide satisfactory proof of the genuine necessity thereof to his/her department head or supervisor.

Misuse or abuse of sick leave will result in disciplinary action, up to and including discharge. Sick leave benefits will be calculated based on the employee’s base pay rate (an employee’s annual salary divided by scheduled hours for that calendar year).

The Auditor must be provided a report of employee sick days used each payroll period. Proper documentation must be available upon employee retirement for an employee to be compensated unused sick days.

(2.90.205, Amended, 11/10/2003, Replaced 2.88.)

2.90.210 Sick leave bank.

A sick leave “bank” shall be established for the purpose of relieving its member employees from undue financial burdens owing to absence from work for an extended period of time because of severe and prolonged illness or injury. Each employee contributes to the “bank” the number of unused annual sick days for each year of employment up to the maximum of nine (9) days per year.

Use of the “bank” (paid sick leave) shall be granted only after the participating employee has exhausted all of the current year’s sick leave days and has presented to the employee’s supervisor or department head a written statement of a physician setting forth the nature of the medical problem and the physician’s opinion that such extended absence from county employment is necessary. Each department head and supervisor will maintain records certified by each supervisor or department head of the number of and dates of sick leave and the individual accounts of each employee participating in the leave “bank”. A duplicate of all records shall be provided to the County Auditor.

At the time of retirement or separation of employment, employees with at least three years of continuous service shall be entitled to receive payment, at the current rate of pay, for sick leave accumulated in the employee’s sick leave bank up to a maximum of sixty (60) days. Employees who fail to give two (2) weeks notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused time in the sick leave bank.

(2.90.210, Added, 11/10/2003, Replaced 2.88.)

2.90.215 Military leave.

A military leave of absence will be granted to all County employees, except those occupying temporary positions, to attend National Guard and Reserve active duty training assignments or inactive duty training drills (“Temporary Leave”) or if called to active duty military service (“Active Duty Leave”).

Employees who have completed one year service with the County will be permitted up to fifteen (15) days of compensated Temporary Leave per calendar year.

Employees who have completed one year of service with the County will be permitted a number of days of compensated Active Duty Leave equal to the number of days such employees are on Active Duty Leave.

In the case of both Temporary Leave and Active Duty Leave, compensation will consist of the employee’s regular rate of County pay minus the earnings received by such employee from the military service for the period of the Temporary Leave or the Active Duty Leave, as applicable.

Compensation is contingent upon the County receiving adequate advance written notice of the Temporary Leave or Active Duty Leave and receipt of official documentation from the military service of compensation received by the employee from the military service for the period of the Temporary Leave or Active Duty Leave. New employees who are required to perform military service for more than fifteen (15) days in a calendar year may elect to use their vacation time in conjunction with Temporary Leave or Active Duty Leave.

Subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible, the employer will continue to provide health insurance benefits for up to eighteen (18) months of Temporary Leave or Active Duty Leave. The employee must continue to pay the employee’s share of the premium for such health insurance benefits.

Employees on Temporary Leave are required to return to work with the County for the first regularly scheduled shift after the end of the Temporary Leave, allowing for reasonable travel time. Employees on Active Duty Leave must notify the County of the intent to return to employment in accordance with all applicable state and federal laws.

Upon return from Temporary Leave or Active Duty Leave, the returning employee is entitled to be reinstated in his/her former position with the County or to a comparable one unless such reinstatement would cause undue hardship on the County. Every reasonable effort will be made to return eligible employees to their previous position with the County. Each returning employee will be treated as though he/she was continuously employed for purposes of determining benefits.

(2.90.215, Amended, 09/06/2005; 2.90.215, Added, 11/10/2003, Replaced 2.88.)

2.90.220 Bereavement leave.

In the event of a death in a non-probationary employee’s immediate family (employee’s step-mother, step-father, mother-in-law, father-in-law, brother, sister, grandchildren, or grandparents), the employee shall be entitled to be absent from work for a period of up to, but not more than, three (3) consecutive working days for the purpose of making necessary arrangements and attending the funeral. An employee shall be eligible for up to five (5) consecutive working days for the death of the employee’s mother, father, spouse or child. An employee shall be eligible for one (1) day off work for the death of a brother-in-law, sister-in-law, spouse’s grandparents, step-brother or step-sister. During such absence, the employee shall be compensated at his regular straight-time rate, not in excess of eight (8) hours per day of leave. Absence compensation shall not include any pay for lost overtime, premium pay, or holidays.

Additional unpaid funeral leave will be at the discretion of the County Commissioners upon request from the officeholder/department head.

Funeral leave may be taken as necessary to settle the affairs of the deceased other than at the time of the funeral; provided, however, that the employee submits proof of necessity for attendance at court hearings or in conference with an attorney.

(2.90.220, Added, 11/10/2003, Replace 2.88.)

2.90.225 Jury duty/litigation.

The County encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees shall be paid their regular salary minus the amount of jury duty pay while on jury duty leave. Regular full time employees qualify for paid jury duty leave.

Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate the employee’s absence. Of course, the employee is expected to report for work whenever the court schedule permits.

An employee subpoenaed to testify as the result of employment by the County shall receive regular pay, if such employee is required to testify during the regular work schedule. Any such employee receiving a subpoena should immediately either notify the County Attorney or the County Prosecutor.

Either the County or the employee may request an excuse from jury duty if, in the employer’s judgement, the employee’s absence would create serious operational difficulties.

The employer will continue to provide all regular benefits for the full term of the jury duty absence.

(2.90.225, Added, 11/10/2003, Replaced 2.88.)

2.90.230 Educational leave.

With the approval of the department head or supervisor, release time may be granted for the attendance at seminars, workshops, training programs, or other employment related educational functions. Out of town travel requires approval by the County Commissioners.

(2.90.230, Added, 11/10/2003, Replaced 2.88.)

2.90.235 Personal leave.

Each regular full time employee will receive four (4) days personal leave per year with pay for the transaction of personal business and/or the conduct of personal or civic affairs provided two (2) days notice is given, except in case of special circumstances. Personal leave days shall not accumulate from year to year and are forfeited if not taken. No more than two (2) personal leave days may be taken in succession.

Like vacation and sick leave, employees will receive a pro rata share of personal days upon separation of employment. Employees who fail to give two (2) weeks notice prior to resignation or who are discharged for cause forfeit any right to receive compensation for unused personal leave.

(2.90.235, Added, 11/10/2003, Replaced 2.88.)

2.90.240 Leave of absence without pay.

Regular full time employees may be granted, after 1 year of service, a leave of absence without pay not to exceed six (6) months. A leave of absence should be taken for reasons which are in the best interest of the County and/or employee upon sufficient notice and at the discretion of the County Commissioners.

During such period the employee will not accrue time for any other benefit provided herein. Sick leave and vacation leave shall not accrue and such employee shall not receive compensation for designated holidays.

Upon return to employment, the employee will, for the purpose of accrual and eligibility for benefits, be reinstated in the position or comparable position the employee was assigned at commencement of the leave of absence.

(2.90.240, Added, 11/10/2003, Replaced 2.88.)

2.90.245 Worker’s compensation.

The County provides a comprehensive worker’s compensation insurance program at no cost to employees.

This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, worker’s compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately.

Any employee who sustains a work related injury or illness should inform his or her supervisor immediately. No matter how minor an on the job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible.

Neither the County nor the insurance carrier will be liable for the payment of worker’s compensation benefits for injuries that occur during an employee’s voluntary participation in any off duty recreational, social or athletic activity sponsored by the County.

If an employee is injured on the job and sent to the designated health care facility for evaluation/treatment, the time that the employee is gone on that day for treatment is credited as time worked.

(2.90.245, Added, 11/10/2003, Replaced 2.88.)

2.90.250 Benefits continuation (COBRA).

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the employer’s health plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are separation of employment, or death of an employee; a reduction in an employee’s hours or a leave of absence; an employee’s divorce or legal separation; and a dependent child no longer meeting eligibility requirements.

Under COBRA, the employee or beneficiary pays the full cost of coverage at the employer’s group rates plus an administration fee.

Effective as of November 1, 2007, if the “qualifying event” is the death of an employee, the County shall pay the full cost of the COBRA medical premium for the dependents of that deceased employee for the first full month following the date of death of such deceased employee; provided, however, that only dependents of such deceased employee who are covered under the employer’s health plan at the time of the death of such deceased employee will be eligible for coverage during said one (1) month period; provided further, however, that after said one (1) month period, the surviving dependents of such deceased employee will be fully responsible for all COBRA medical premiums under all applicable COBRA laws and guidelines if they elect to continue coverage past the first month.

The County Auditor provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under the employer’s health insurance plan. The notice contains important information about the employee’s rights and obligations.

(2.90.250 amended 12/11/2007, 2.90.250, Added, 11/10/2003, Replaced 2.88.)

2.90.255 Letter upon termination.

Upon written request of a discharged employee, it shall be the duty of the officeholder/department head to provide a letter to the employee setting forth the reasons for termination, if any. This letter also will outline the nature and character of the services rendered by the employee and the duration of employment.

(2.90.255, Added, 11/10/2003, Replaced 2.88.)

2.90.260 Retirement/PERF.

All full time salaried County employees, with the exception of law enforcement personnel, judges and the prosecutor are covered by PERF, a retirement program established and maintained by the State of Indiana. PERF pays benefits to cover workers or their dependents upon retirement, death and, in certain cases, serious illness or injury. The contributions and accumulated interest credits are refundable when an employee terminates employment prior to being eligible for benefits. PERF’s Employer Financed Pension requires 10 years of service to become vested, and is paid by the County based on an employee’s length of employment, average salary and age at retirement. Questions concerning the program, should be directed to: Public Employees’ Retirement Fund of Indiana, Harrison Building, Suite 800, 143 West Market Street, Indianapolis, Indiana 46204 2899; phone (317) 233 1615.

(2.90.260, Added, 11/10/2003, Replaced 2.88.)

2.90.265 Incentive plan.

In order to achieve and to promote maximum economy and efficiency in county government, the County Commissioners establish the following employee incentive plan:

Employee Suggestion Plan: This ordinance shall be in full force and effect from and after its passage by the Board of Commissioners of Vanderburgh County, Indiana.

The County Commissioners annually may select from written suggestions submitted by the County employees those which when, adopted or implemented by the County Commissioners or other unit of county government, achieves an economy or savings of public funds whether through consolidation of service, elimination of waste or duplicity, reduction of cost or expenses or other tax savings or cost cutting measures. Employees whose suggestions are chosen by the County Commissioners shall be awarded additional paid vacation days. The number of vacation days awarded shall be determined by the County Commissioners as the circumstances dictate.

All suggestions are to be submitted in writing, dated and signed by the employee. The County Commissioners’ office on receipt shall mark with date and time of receipt. In the event of same or similar suggestions, the earliest filed suggestion shall be accepted in lieu of other same or similar suggestions. The number of days leave awarded shall be in addition to all other leave benefits accrued and may be accumulated and carried forward. A record of such accumulated days off leave shall be maintained by each department head or supervisor and a duplicate thereof furnished to the County Auditor.

(2.90.265, Added, 11/10/2003, Replaced 2.88.)

2.90.270 Health insurance.

The County provides medical group health insurance for elected officials and regular full time County employees. Specific details are contained in the County’s insurance plan, of which copies are provided to eligible employees. Questions regarding insurance benefits should be directed to the County Auditor’s Office.

A. Group Health Insurance Plan for Retired County Employees: Pursuant to the terms and conditions set forth in I.C. 5-10-8-2.6(e) through (g), the Vanderburgh County group health insurance plan, as provided to full time Vanderburgh County employees, is hereby made available to qualified retired Vanderburgh County employees. Eligible Vanderburgh County employees who want to maintain this benefit upon retirement must meet all eligibility requirements and complete and submit an application to the County Auditor’s Office in order to participate in this Plan.

The following requirements must be met to qualify for group health insurance for retired employees and their eligible spouses:

1. The retired employee will have reached fifty-five (55) years of age on or before the employee’s retirement date but will not be eligible on that date for Medicare coverage as prescribed by 42 U.S.C. 1395 et. seq.; and

2. The retired employee will have completed at least twenty (20) years of creditable employment with an Indiana public employer on or before the employee’s retirement date; and

3. The retired employee will have completed at least fifteen (15) years of participation in the Vanderburgh County Health Insurance Plan or at least fifteen (15) years of participation in the Vanderburgh County retirement plan of which the employee is a member on or before the employee’s retirement date.

The County Group Health Insurance Plan application form is available in the County Auditor’s Office.

B. Group Health Insurance Plan for Retired Sheriff Sworn Deputies and Sheriffs: Pursuant to the terms and conditions set forth in I.C. 5-10-8-2.6(e) through (g), the Vanderburgh County group health insurance plan, as provided to full-time Vanderburgh County employees, is hereby made available to qualified retired Vanderburgh County sworn deputies and sheriffs. Eligible Vanderburgh County sworn deputies and sheriffs who want to maintain this benefit upon retirement must meet all eligibility requirements as set forth in Section 2.08.060 and complete an application form in order to participate in the County Group Health Insurance Plan.

(Ord. 10-22-020 § 1, amended, 10/11/2022; Ord. 12-18-023 § 1, amended, 12/4/2018; Ord. 01-18-006 § 1, amended, 01/23/2018; Ord. 12-14-010 § 1, amended, 12/16/2014; 2.90.270, Added, 11/10/2003, Replaced 2.88.)

2.90.275 Attendance and punctuality.

To maintain a safe and productive work environment, the County expects employees to be reliable and report punctually for all scheduled work. Excessive absenteeism and tardiness places a burden on other employees and on the County and is unacceptable.

Employees who arrive after the beginning of the work day are considered tardy. In the rare instance when an employee cannot avoid being late to work or is unable to work as scheduled, he or she should notify the supervisor as soon as possible in advance of the anticipated tardiness or absence.

Excessive absenteeism and tardiness will subject employees to discipline, up to and including discharge. Absence from work for three consecutive days without notification will constitute a voluntary resignation of employment. The County will advise the employee by certified mail of the termination of the employment relationship.

(2.90.275, Added, 11/10/2003, Replaced 2.88.)

2.90.280 Personal appearance.

Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the business image we present to our citizens and visitors. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Employees who appear for work inappropriately dressed will be sent home and directed to return to work in proper attire. Under such circumstances, employees will not be compensated for the time away from work. Consult your supervisor or department head if you have questions as to what constitutes appropriate attire.

(2.90.280, Added, 11/10/2003, Replaced 2.88.)

2.90.285 Commission of a felony or unlawful act.

Any employee found guilty of a felony will be subject to immediate dismissal. An employee charged with a felony or found participating in felonious activity either during work hours or while off duty will be suspended without pay until a court of law establishes innocence or guilt. Any employee found guilty of a misdemeanor (including not being qualified to operate assigned vehicles or equipment) will be subject to discipline, up to and including discharge.

(2.90.285, Added, 11/10/0285, Replaced 2.88.)

2.90.290 Gifts or gratuities.

Employees are encouraged to maintain good relations with suppliers and others with whom the County may have business dealings. However, the practice of accepting gifts or gratuities is not only unnecessary and undesirable, but also contrary to public interest. Employees should not accept gifts or gratuities from firms, organizations, agents or other individuals who may or do conduct business with the County in furnishing materials, goods and services.

(2.90.290, Added, 11/10/2003, Replaced 2.88.)

2.90.295 Business ethics/conflict of interest.

In order to maintain the integrity of County government and administration as well as the confidence of the public, it is essential that employees not use their positions for personal gain. In order to achieve this goal, all employees must act in an ethical manner and avoid conflicts of interest as provided by Indiana law.

No employee shall use his/her official position for personal gain, participate directly or indirectly in any activity which is in conflict with his/her official duties or disclose confidential information regarding the business of the County to any private concern for personal benefit. The County recognizes and respects the right of individual employees to engage in private activities outside of the organization that do not in any way conflict with or reflect poorly on the organization. However, the County also recognizes its right and obligation to determine when an employee’s activities present a conflict of interest with the organization. Employees found to be in violation of this section shall be subject to disciplinary action up to and including discharge.

Employees having a pecuniary interest in or deriving a profit from a contract or purchase connected with an action by the county, must comply with the provisions of I.C. 35-44-1-3 and if permitted by law, file a conflict of interest statement with the county clerk, state board of accounts, contain the approval of the elected official appointing the employee, and be submitted to the Board of Commissioners and accepted by the Board of Commissioners in a public meeting prior to final action on the contract or purchase. This paragraph shall be construed and implemented consistent with the requirements of I.C. 35-44-1-3. If deemed by to be in the best interest of the County, those employees shall either divest themselves of such interest or investments or be ineligible for continued employment with the County.

(2.90.295, Added, 11/10/2003, Replaced 2.88.)

2.90.300 Security of premises.

The County wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms, explosives or other improper materials. To this end, the County prohibits the control, possession, transfer, sale or use of such materials on its premises. The County requires the cooperation of all employees in administering this policy.

Desks, lockers and other storage devices may be provided for the convenience of employees but remain the sole property of the County. Accordingly, they, as well as any articles found within them, can be inspected by any agent or representative of the County at any time, either with or without prior notice.

(2.90.300, Added, 11/10/2003, Replaced 2.88.)

2.90.305 Political activity.

All county employees shall be allowed to participate in political activities on an equal basis without intimidation, coercion or threat of reprisal. All political activity must be in accordance with applicable state and federal law and shall be conducted on the employee’s own time and off county premises.

(2.90.305, Added, 11/10/2003, Replaced 2.88.)

2.90.310 Discipline/termination/work rules.

The County hopes that your working relationship with the County will be mutually satisfactory. However, your employment will continue only so long as you are satisfied with the County, and the County is satisfied with your performance.

We expect all employees to follow our established policies, procedures, and rules and to act in a professional manner at all times. The County also expects employees to perform their assigned duties in an efficient, effective, and competent manner. There may be occasions, however, where employees perform at an unsatisfactory level, violate a County policy, or behave inappropriately. The County will endeavor, when it deems appropriate, to provide employees with reasonable opportunities to correct their deficiencies. The County may utilize certain forms of discipline that are less severe than discharge in certain cases. Examples of such less severe form of discipline include oral counseling; written counseling; suspension with or without pay; and performance probation. Additionally, you may be placed on an investigatory leave to allow the County time to review fully the circumstances related to a potential disciplinary matter. Investigatory leave is not disciplinary and will not be reflected in your performance review or in your personnel file.

Because circumstances vary in each case involving possible disciplinary action, each situation will be handled on an individual basis with the severity and frequency of the conduct being taken into consideration. Although one or more of the steps described above may be taken in connection with a particular employee, no formal order or system is necessary.

Whenever a disciplinary action is documented, you will be asked to acknowledge that you have been given a copy of the document by signing the original. Your signature will not signify your agreement with the contents of the document, only that it has been discussed with you.

The work rules set forth below are intended to provide you with fair notice of what is expected of you. It is not possible, however, to provide an exhaustive list of all types of impermissible conduct and performance, and these work rules are only examples of behaviors that are specifically unacceptable and, if found to exist, can result in disciplinary action up to and including immediate discharge. You should, therefore, be aware that conduct not specifically listed below, but which adversely affects or is otherwise detrimental to the interests of the County, other employees, or citizens may also result in disciplinary action, including discharge.

1. Attendance - Engaging in a pattern of absenteeism/tardiness/leaving early; neglect or carelessness in signing in and out; leaving job without authorization; failing to report an absence.

2. Confidential matters - Discussing or revealing confidential business matters with individuals outside of the County or with individuals within the County who are not authorized to have such information or violating the County’s Business Ethics/Conflict of Interest Policy.

3. Criminal activity - Being convicted of or pleading guilty to crime that reflects unfitness for the job or raises a threat to the safety or well-being of the County or its employees, customers, or property.

4. Public and coworker relations - Mistreating, abusing, threatening or intimidating citizens, visitors, contractors, or other employees; reporting to work in an unclean or inappropriate manner.

5. Detrimental Behavior - Making false, misleading, or malicious statements about other employees, the County or County practices or engaging in conduct which undermines, or is intended to undermine, the County’s reputation; falsifying employment records or time sheets or assisting other employees with falsification of records.

6. Dishonesty - Falsifying, altering, or making an omission on an employment application or any other County record; giving false information to management personnel or concealing defective work.

7. Drugs and Alcohol - Violating the County’s Drug-Free/Alcohol-Free Workplace Policy.

8. Equal Employment Opportunity/Anti-Harassment - Violating or failing to support the County’s Equal Employment Opportunity/Anti-Harassment Policy.

9. Fighting - Fighting, baiting, or other behavior that instigates fighting or other conduct that violates the County’s Workplace Violence Policy.

10. Mishandling County Property - Mishandling, misusing, stealing or improperly accounting for the County’s money, funds, or property.

11. Insubordination - Failing to follow safety instructions or work orders in a timely manner; refusing to perform assigned work or comply with the instructions of an employee’s supervisor.

12. Failure to Cooperate - Failing or refusing to cooperate in an investigation conducted by the County.

13. Poor Performance - Failing to produce quality and timely work or meet performance expectations.

14. Safety - Failing to use equipment, materials, and supplies in accordance with the County policies and practices; violating safety or health rules or practices or engaging in horseplay or other conduct that creates a safety or health hazard.

15. Unauthorized Use of County Time/Property - Using County time or property (e.g. telephone, fax, computer) for non-work related activities such as gambling, soliciting, etc.; failing to remain alert at all times while on duty.

16. Undesirable Conduct - Malicious mischief, horseplay, wrestling, using profane or abusive language.

17. Non-compliance with Laws/Regulations - Failing to comply with local, state and federal laws and/or regulations.

(2.90.310, Added, 11/10/2003, Replaced 2.88.)

2.90.315 Problem resolution.

Employees and supervisors will benefit from a process that allows for the free discussion of matters of mutual concern and effectively addresses complaints on specific issues.

These procedures provide for open discussion and speedy resolution of issues of serious concern to any employee who thinks that Vanderburgh County’s policies have been violated, or who believes that he or she has been treated unfairly. A complaint is an employee’s expressed dissatisfaction with what that employee believes, rightly or wrongly, to be unfair treatment or a mistake in the administration of a rule, plan or County policy.

When a complaint arises, it should be heard and resolved at the lowest organizational level. The employee has the following alternatives available:

STEP 1: Supervisor (Oral Complaint)

If an employee has a complaint, it should be first discussed with the supervisor. The employee should schedule a time to discuss the situation with the supervisor. Every effort should be expended to resolve the issue satisfactorily at this meeting. If the employee’s complaint is against or otherwise implicates the employee’s supervisor, the complaint should be reduced to writing and submitted per Step 3 to the Elected Official/Department Head/County Commissioner.

STEP 2: Supervisor (Written Complaint)

If the employee’s complaint cannot be solved satisfactorily by the employee and supervisor through discussion or if the decision is not satisfactory, the employee may reduce the complaint to writing and take or send the written complaint to the employee’s supervisor. The supervisor shall respond to the written complaint within five (5) days.

STEP 3: Elected Official/Appointing Authority

If a satisfactory solution to the employee’s complaint is not reached with the supervisor, the employee’s complaint may be referred to the Elected Official/Department Head/County Commissioner having hiring/termination responsibility for the employee; who will conduct an investigation into the matter, meet with interested parties and make a final decision.

STEP 4: County Commissioners

In the event that the complaint involves the conduct of a department head or elected official, the employee may submit a confidential letter to the County Commissioners. The County Commissioners will take appropriate action as deemed necessary, including, but not limited to: initiating steps for a third party investigation; referral to mediation; and, in appropriate circumstances, referral to the Human Relations Commission’s Equal Employment Opportunity Commission or the U.S. Civil Rights Commission. The County Commissioners will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully).

(Ord. 08-20-006, amended, 8/11/2020; 2.90.315, Added, 11/10/2003, Replaced 2.88.)

2.90.320 Severablility and conflict with bargaining unit contracts.

A. The policies and procedures contained in this Handbook are subject to all applicable federal and states laws, County of Vanderburgh, Indiana rules and regulations, and shall be interpreted wherever possible so as to comply fully with such laws, provisions or any judicial interpretations. If an article or section of this handbook shall be held invalid by operation of law or tribunal or competent jurisdiction or compliance with or enforcement of any article or section of this handbook shall be restrained by such tribunal, the remainder of this and any amendments thereto shall not be affected and shall remain in full force and effect. The County of Vanderburgh, Indiana reserves the right to delete, modify or amend the policies contained herein or allocate new policies as needed.

B. If there is a conflict between the provisions of this handbook and any written contract between a bargaining unit and the County, such written contract shall control.

(2.90.320, Added, 11/10/2003, Replaced 2.88.)

2.90.330 Sworn Merit Deputy Sheriffs of the Vanderburgh County Sheriff’s Office –Personnel Guidelines.

A. Definitions. For purposes of this Section 2.90.330, the following definitions shall prevail:

1. Deputies shall mean sworn merit deputy sheriffs (“Deputies”) of the Vanderburgh County Sheriff’s Office (“Sheriff’s Office”).

B. Sheriff’s Office Personnel Policy Authority. Deputies shall adhere to the following in the listed order of precedence when resolving conflicting rules or policies:

1. Federal Law

2. State Law

3. Sheriff’s Office Specific Personnel Policy (Section 2.90.330)

4. Standard County Personnel Policy (Chapter 2.90)

5. Sheriff’s Office Rules and Regulations

C. Sheriff’s Authority. The Vanderburgh County Sheriff (“Sheriff”) has the authority to implement policy within the Sheriff’s office for the management of all time accruals, time off requests, time management, time categorization, and how and when used.

D. Paid Time Off.

1. Deputies shall be awarded the following number of days of paid time off annually:

YEARS OF COMPLETED SERVICE	1-4	5-9	10-14	15-19	20>
ANNUAL PAID DAYS OFF	26	31	36	41	46
ACCRURAL RATE PER MONTH	2.166	2.583	3	3.416	3.833

2. Deputies are awarded time on the basis that they are earning time each year for use the following year.

3. Deputies will be awarded time for annual use on January 1st of each year.

4. Any Deputy hired on a date other than January 1st of a year shall have their time appropriately pro-rated upon hire for remainder of that year and on January 1st thereafter.

5. Deputies shall be permitted to carry up to nine (9) days paid time off over from year to year for use as needed and as allowed by Sheriff’s Office policy with an unlimited total accrual amount. All other unused paid time off shall be forfeited on December 31st annually.

6. In cases where Vanderburgh County (“County”) has funding in place, Deputies may periodically be permitted to sell earned unused paid time off to the County at their current rate of pay. When such funding is available, the Sheriff shall establish a system within the Sheriff’s Office that reasonably allows for equal distribution of available funds to Deputies who wish to sell time back to the County.

7. Upon separation, after at least three (3) years of completed service, a Deputy will be paid for all unused earned current time and up to sixty (60) accrued days. Deputies with less than three (3) years of completed service shall only be paid for unused earned current time.

E. Compensatory Time/Overtime.

1. The Sheriff has the authority to establish Sheriff’s Office policy regarding the award, use, accrual and payment of earned compensatory/overtime that best meets the needs of the Sheriff’s Office and contingent on the availability of overtime funds approved by the county council. This includes the establishment of compensatory banks and payment of accrued compensatory time.

2. General Compensatory Time/Overtime is awarded to Deputies who are required to work an amount of time greater than the normally scheduled number of hours. Compensatory time is awarded at a rate of one and one-half times the number of additional hours worked.

3. Call-In (Court) Compensatory Time/Overtime is awarded to a Deputy who is required to work at a time they are regularly scheduled off. This time will be awarded at a rate of one and one-half times the hours worked with a minimum award of four hours.

4. Upon separation, a Deputy shall be paid for all accrued compensatory time at the current rate of pay at separation or at the previous three years average rate of pay, whichever is greater.

F. Administrative Leave. The Sheriff has the authority to place any Deputy on paid administrative leave when doing so is in the best interest of the operation of the Sheriff’s Office or the well-being of the Deputy. In all cases of placement of a Deputy on administrative leave, the Sheriff shall notify the Board of Commissioners of Vanderburgh County (“Commissioners”) at an Executive Session of the Commissioners called for that purpose.

G. Duty Related Sick Time.

1. Duty related sick time is paid time away from work for purposes of recuperating, recovering or rehabilitating after a duty related injury that is not deducted from any accrued time bank.

2. A Deputy who is injured in the line-of-duty may be granted duty related sick time at the discretion of the Sheriff. The amount of time granted shall not exceed six (6) months without consent from the Commissioners.

3. The Sheriff may implement a system for evaluating duty related sick time requests for approval or denial, determining the amount of time allowed and monitoring progress.

H. Fitness Incentive.

1. The Sheriff has the authority and may grant one (1) day off, no more than two (2) annually, with pay to Deputies who successfully complete the semi-annual fitness test as developed in consultation with Stanert and Associates and that remained in force after being challenged in court (Roland vs. Ellsworth).

2. An earned fitness day must be used prior to the award of a following fitness day.

3. An unused fitness day will not be compensated at the time of separation.

I. Holiday Leave.

1. Deputies assigned to a standard 5/2 schedule with weekends and holidays off will be given those holidays off from work with pay as determined annually by the Commissioners.

2. Deputies assigned to a work rotation other than a standard 5/2 schedule will be given holidays as follows:

a. The actual (Local, State or Federal) holiday will be observed by the Deputy, regardless of any Commissioners’ approved “observance” days.

b. For Deputies whose shift spans two dates, the date on which the shift began will be considered the day of work.

c. A Deputy scheduled to work on a holiday will be paid for the regular hours worked, additionally they will be awarded an additional 1.5 hours of compensatory time for every hour worked within their normal tour of duty.

d. A Deputy who is scheduled off on a holiday will be awarded an additional number of compensatory hours equal to the number of daily hours worked by the Deputy during his/her regular tour of duty.

e. A Deputy called into work, outside of their regularly assigned schedule, on a holiday, will be awarded 2.5 hours of compensatory hours for each hour worked.

f. A Deputy who is required to work beyond their regular tour of duty on a holiday will be compensated at the appropriate holiday rate for those additional hours and will not receive any additional compensation.

J. Various Schedule Accommodations. Anywhere a benefit is denoted in the standard County personnel policy (Chapter 2.90) as a day or specific eight (8) hours, then, that time would be equal to an entire tour of duty depending on the Deputy’s current assignment.

K. Drug Testing.

1. Deputies will be subject to random monthly drug testing.

2. Deputies assigned to certain sections (narcotics and medical) may be required to be drug tested more frequently and in a non-random manner.

3. Deputies may also be required to submit to drug testing when there is reasonable suspicion that a Deputy may have illegal drugs in their system.

L. Shift Differential.

1. Deputies shall receive shift differential incentive at a rate of 3.5% of the Deputy’s base hourly rate for every scheduled hour worked between the hours of 6:00 PM an 6:00 AM.

2. Deputies shall not receive shift differential incentive for any hours that are being compensated with additional compensatory time as a result of a call-in, extended work shift, etc. Shift differential incentive will be added for regularly scheduled hours occurring on a holiday.

M. Conflicting Provisions.

1. The provisions of this Section 2.90.330 shall supersede and stand in the place of Sections 2.90.190, 2.90.205, 2.90.210, and 2.90.235 insofar as Deputies are concerned.

2. To the extent that any provision of this Section 2.90.330 shall be in conflict with any other Section of Chapter 2.90 of the Code of Ordinances of Vanderburgh County, Indiana, the provisions of this Section 2.90.330 shall prevail.”

N. Retention of Issued Duty Weapons for Qualifying Retired Sheriff’s Office Personnel.

1. That the Vanderburgh County Sheriff shall have the authority to release and transfer to the separating Sheriff’s Office member or member’s family, his or her issued handgun.

2. The Sheriff or Deputy Sheriff must separate from the Sheriff’s Office in good standing, meet the requirements of a “retired law enforcement officer” as defined by 18 USC 926(c), and have either accrued 20 or more years of service as a Sheriff and/or Deputy Sheriff, sustained a service-connected disability, or died prior to retirement.

3. The Vanderburgh County Commissioners hereby delegate to the Vanderburgh County Sheriff the authority to determine whether a Sheriff’s Deputy or Sheriff separated from the Sheriff’s Office in good standing, is not prohibited from possessing a firearm under US Code Title 18, Section 922(e) or (g), is a “proper person” as defined by Indiana Code 35-47-1-7, and is in all respects qualified to receive this recognition.

4. The Vanderburgh County Commissioners hereby delegate to the Vanderburgh County Sheriff the authority to determine whether the family member of a Sheriff’s Deputy or Sheriff who died prior to retirement is not prohibited from possessing a firearm under US Code Title 18, Section 922(e) or (g) and is a “proper person” as defined by Indiana Code 35-47-1-7.

(Ord. 04-23-006, amended, 4/11/2023; 2.90.330, Added, 12/20/2005)

2.90.340 Parental Leave.

A. A full time County Employee who has been employed by Vanderburgh County for six (6) consecutive months may request and receive up to four (4) weeks of paid leave, upon one of the following events:

1. the birth of the employee’s child;

2. the birth of a child to the employee’s spouse; or

3. the placement of a child for adoption with the employee.

B. If one of the requirements set forth in Section 2.90.340 A is met, then such request for parental leave shall be granted.

C. Parental leave shall run concurrently with the Family and Medical Leave Act for those County employees who are eligible for such leave.

D. Any parental leave not taken:

1. within six (6) months after the birth of a child or the placement of a child for adoption as set forth in Section 2.90.340A; or

2. prior to the County employee’s separation from employment is forfeited at the earlier of one of those two (2) events.

(Ord. 01-18-005, added, 01/23/2018)

2.90.345 Sexual Abuse Prevention Policy.

A. General Policy Statement. Vanderburgh County does not permit or allow sexual abuse to occur in the workplace or at any activity sponsored by or related to Vanderburgh County. In order to make this “zero-tolerance” policy clear to all Vanderburgh County staff members, board members and volunteers, Vanderburgh County has adopted mandatory procedures that all staff members, board members and volunteers must follow when they learn of or witness sexual abuse.

Sexual abuse takes the form of inappropriate sexual contact or interaction for the gratification of the actor who is functioning as a caregiver and is responsible for the person’s or child’s care. Sexual abuse includes sexual assault, exploitation, molestation or injury. It does not include sexual harassment, which is another form of behavior prohibited by Vanderburgh County.

B. Possible Signs of Sexual Abuse. There are a number of “red flags” that suggest someone is being sexually abused. They take the form of physical or behavioral evidence.

Physical evidence of sexual abuse includes, but is not limited to:

• Sexually transmitted diseases;

• Difficulty walking or ambulating normally;

• Stained, bloody or torn undergarments;

• Genital pain or itching; or

• Physical injuries involving the external genitalia.

Behavioral signals suggestive of sexual abuse include, but are not limited to:

• Fear or reluctance about being left in the care of a particular person;

• Recoiling from being touched;

• Bundling oneself in excessive clothing, especially night clothes;

• Discomfort or apprehension when sex is referred to or discussed; or

• Nightmares or fear of night and/or darkness.

C. Reporting Procedure. All Vanderburgh County staff members, board members or volunteers who learn of sexual abuse being committed must immediately report it to the local law enforcement office, his or her department head and the Vanderburgh County Attorney (the “designee”).

If the victim is an elderly adult, the designee must immediately report the abuse to Adult Protective Services. If the victim is a child, the designee must immediately report the abuse to the Department of Child Services. Appropriate family members of the victim must be notified immediately of suspected child abuse.

D. Investigation and Follow Up. Vanderburgh County takes allegations of sexual abuse seriously. If an allegation is reported against a Vanderburgh County staff member, board member or volunteer, Vanderburgh County will promptly, thoroughly and impartially initiate an investigation to determine whether there is a reasonable basis to believe that sexual abuse has been committed. The investigation may be undertaken by an internal team or Vanderburgh County may hire an independent third-party. Vanderburgh County will cooperate fully with any investigation conducted by law enforcement or regulatory agencies, and Vanderburgh County will refer the complaint and the result of its own investigation to those agencies. Vanderburgh County reserves the right to place the subject of the investigation on an involuntary leave of absence or reassign that person to responsibilities that do not involve personal contact with individuals. To the fullest extent possible, but consistent with Vanderburgh County’s legal obligation to report suspected abuse to appropriate authorities, Vanderburgh County will endeavor to keep the identities of the alleged victims and investigation subject confidential, as allowed by law.

If the investigation substantiates the allegation, this policy allows Vanderburgh County to impose discipline, up to and including termination of employment.

E. Retaliation Prohibited. We prohibit any retaliation against anyone who in good faith reports sexual abuse, alleges that sexual abuse is being committed or participates in the investigation of the alleged abuse. Intentionally false or malicious accusations of sexual abuse are prohibited.

Anyone who improperly retaliates against an individual who has made a good-faith allegation of sexual abuse, or intentionally provides false information to that effect, will be subject to discipline, up to and including termination of employment.

(Ord. 07-21-010, added, 06/22/2021)