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Tuesday, January 06, 2009

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Employee Handbook

Section IV - Work Policies and Procedures

Section IV Topics:

INTRODUCTORY PERIOD
Both Forsyth County and new employees need a period of time to determine if the selection process has resulted in a good fit. Therefore, all appointments to full-time and part-time positions will be for an introductory period of six months. If the employee is in a trainee status, the introductory period will be six months or the training period, whichever is longer. Department heads have the authority to extend the introductory period for up to three additional months in which case the employee will be notified in writing. The introductory period for employees of Social Services and Public Health is described in the State Personnel Act. Employees of those departments should seek further information on their introductory period from their department.

During the introductory period, the department head is responsible for determining whether an introductory employee is working proficiently or should be dismissed from County employment. An employee who is dismissed during the introductory period may not appeal the decision to the County Manager.
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HOURS OF WORK
The normal working hours for most County employees are 8:00 a.m. to 5:00 p.m., Monday through Friday. However, some departments provide service to the public on a 7 day, 24-hour-per-day basis and have work schedules in excess of 40 hours per week. Department Heads have the authority to set each employee’s work schedule, including flexible schedules, based on business need.

Forsyth County provides additional compensation (shift differential) for full-time employees who work 50% or more of their regularly scheduled hours between 7 p.m. and 7 a.m. A shift differential is already included in the base pay for those positions in the Sheriff, EMS and Fire departments that routinely work more than 40 hours per week.
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BREAKS
Breaks during the average workday are not required by the Fair Labor Standards Act. However, the County recognizes that employees who constantly serve the public by phone or in person benefit from brief periods of relief from their responsibilities. These employees normally receive an approximate fifteen-minute break twice a day. If one of these breaks is missed for any reason, it is gone. Breaks may not be added to lunch time, taken at the end of the day or saved for another day.
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ATTENDANCE, ABSENTEEISM, TARDINESS
The quality of service provided to the public is a reflection of the consistent and dependable performance of County employees. Your unscheduled absence or tardiness places a burden on co-workers and hinders effective County operations. In situations where you must be tardy or absent, you must notify your immediate supervisor within the 30-minute period following your normal reporting time.

Excessive tardiness and absenteeism may result in disciplinary actions up to and including dismissal. Any absence of three consecutive workdays without prior approval from the County is deemed to be a voluntary resignation.
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GENERAL RULES OF CONDUCT
The proper conduct of all employees is necessary to ensure a safe, productive and pleasant working environment. As a County employee, you are expected to conduct yourself in accordance with the following guidelines:

  • Know and observe all established County policies and procedures.
  • Perform the job assigned to you as instructed by your supervisor.
  • Be prompt in reporting to work and devote full attention to your work while on duty.
  • Know and abide by the published safety rules of the County for your own protection, that of fellow employees and the public.
  • Be fair, courteous and cooperative in dealing with the public and with fellow employees.

The following actions are not permitted. Any employee discovered committing any of the following offenses while on duty is subject to disciplinary action up to and including dismissal. This list is not all-inclusive.

  • Displaying disrespect toward or refusing to carry out the instructions of a supervisor or other authorized person
  • Repeatedly disappearing from the work area without permission or without an acceptable reason
  • Allowing personal relations in the workplace to become disruptive
  • Removing County property from the premises without permission from the proper authority
  • Theft or misuse of County property or services (e.g., mailing personal things, personal use of a County car, extensive use of cell phone or office phone for personal calls, making personal long distance phone calls at the County’s expense, personal use of tools or supplies, etc.)
  • Intentionally falsifying County records
  • Using internet access, e-mail, the telephone, or a facsimile machine to view, generate, send or receive materials that could be construed as fraudulent, illegal, harassing, obscene, indecent, profane or intimidating
  • Violating the drug and alcohol policies of Forsyth County.
    View the Complete Drug Testing Policy.
    View the Complete Alcohol Policy.
  • Fighting or provoking a fight on County property; using abusive, obscene, profane or threatening language; or engaging in immoral conduct while on duty
  • Engaging in workplace violence which includes, but is not limited to intimidation, threats, physical attack, domestic violence or property damage
  • No County employee shall possess or carry, whether openly or concealed, any weapon, as described in G.S. 14-269(a) and G.S. 14-269(a1) of the NC General Statutes: in or on the grounds of real property or buildings owned by or leased to Forsyth County; in or upon County motor vehicles; or while on duty or when expected to perform services on behalf of the County. This section shall not apply to officers or employees of the County, charged with the execution of the laws of the state, when acting in the discharge of their official duties if authorized by law to carry weapons or full-time sworn law enforcement officers when so authorized by the sheriff as provided by law.
  • Operating a County vehicle without a valid N.C. driver’s license or otherwise in violation of policies regarding the use of County vehicles
  • Unwelcome or unsolicited speech or conduct based on age, race, color, religion, sex, national origin, disability or any other factor that creates a hostile work environment.

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COMPUTER AND PHONE USAGE
Most employees of Forsyth County are provided with computers and telephones as tools to assist with their work. All of your work-related communications should contain only business-appropriate content. Employees may not include personal, political or religious content in voicemail greetings or email taglines. Your computer and phone and the data that is created, sent, received or stored in it are at all times the property of Forsyth County. Forsyth County reserves the right to retrieve and read any messages or documents with or without advance notice or employee consent.

Internet access, e-mail and voicemail are provided by Forsyth County as working tools but remain County property. You are expected to exercise good business judgment and comply with all County policies at all times when using these tools. Any abuse of the use of computers, the Internet, e-mail or phones is grounds for disciplinary action up to and including dismissal. Some examples of abuse are accessing Internet information that is inappropriate in the workplace, using County time to pursue personal interests either over the Internet or through e-mail and sending or forwarding e-mail that is considered offensive or harassing by others. These examples do not include all possible misuse of these tools.

The County’s workplace harassment policy, as well as other policies, procedures and rules of conduct, applies with equal force to your use of the County’s computer system, e-mail and telephones
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PERSONAL PHONE CALLS
Forsyth County realizes we all have personal matters that need to be attended to from time to time. However, personal phone calls can be a disruption in the workplace and should always be kept short. Excessive time spent on personal phone calls can be grounds for discipline up to and including dismissal.
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EQUAL EMPLOYMENT OPPORTUNITY
Fair treatment to all persons seeking employment or currently employed is one of the guiding principles of Forsyth County. It is Forsyth County’s policy to offer equal job opportunity for employment, training, and advancement to all qualified persons without regard to age, race, color, religion, sex, national origin, disability, or any other factor that is not reasonably related to job performance. All human resource actions such as compensation, benefits, promotions, transfers, dismissals and training are to be administered in a non-discriminatory manner.

If you feel that you have not been afforded equal employment opportunity, you should follow the established grievance procedure outlined in this handbook. (See the Grievance Procedure section.)
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VETERANS
The re-employment of veterans who were employed by the County immediately prior to their entering the armed services shall be in accordance with the provisions of the Uniformed Services Employment and Re-employment Rights Act or its successor.
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AMERICANS WITH DISABILITIES ACT POLICY
The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified persons with physical and mental disabilities. The ADA is complex legislation with many detailed definitions and requirements. The following is a general summary of the ADA; any questions about this law should be directed to your supervisor or the Human Resources Department.

ADA defines a person with a disability as an individual who meets one of the following criteria:

  • Has a physical or mental impairment that substantially limits one or more major life activities
  • Has a record of such impairment or is regarded as having such an impairment

A qualified person with a disability is someone with a disability who meets the necessary skill, work experience, education, training, licensing or certification, or other job-related requirements of a position. Forsyth County is committed to providing equal employment opportunities for qualified persons with disabilities. Forsyth County will accommodate persons protected by the ADA by making changes in the work environment or by changing certain practices and procedures so long as such changes are not unreasonable, would not pose an undue hardship on the County, alter the essential functions of a job or create a direct threat to health or safety. Persons with questions about ADA issues are encouraged to talk to their supervisor or the Human Resources Department.
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ALCOHOL POLICY
Forsyth County has implemented an alcohol policy to promote and maintain a workplace environment that is free from the negative aspects of alcohol and to protect employees and the public by ensuring that County employees are at all times capable of performing their assigned duties. This section summarizes the alcohol policy. View the complete Alcohol Policy.

Forsyth County is interested in providing appropriate assistance to employees who are experiencing alcohol-related problems. Under most circumstances, an employee who has a positive alcohol test result will be referred to the Employee Assistance Program. Employees will be expected to successfully complete all recommended treatment.

Department Heads who have reasonable suspicion that an employee has consumed or is under the influence of alcohol while working, can authorize alcohol testing. The employee will not be allowed to work until the results of the test are known. Anyone refusing to take a test will be recommended for dismissal. Refusing to sign a consent form or attempting to delay the test constitutes refusal to take the test.

Normally, a breath-alcohol test will be used to determine the presence of alcohol. Only laboratories that are properly certified and observe strict chain of custody procedures will be used. The employee will be notified in writing of a positive alcohol test result. Employees have the right to provide an explanation for their alcohol test results.

Employees who have successfully completed any recommended treatment will be subject to unannounced alcohol testing for 2 years after completing the treatment. Anyone failing such an unannounced test will be recommended for dismissal.

Notification of Loss of License
Any employee who drives a County vehicle must notify their supervisor when their driving privileges are suspended. An employee who drives a County vehicle without a valid N.C. driver’s license will be recommended for dismissal.

Notification of Conviction
As a condition of continued employment, each County employee must notify their supervisor of their conviction of any alcohol-related offense not later than five days after such conviction. All County employees are prohibited from operating a County motor vehicle until they possess a valid, unrestricted N.C. driver’s license. Loss of a driver’s license could result in dismissal.

Requirements for Employees Required to Have a Commercial Driver’s License
In compliance with Department of Transportation regulation 49 CFR part 382, employees who are required to have a Commercial Driver’s License and who operate a vehicle over 26,001 pounds or a vehicle that was designed to carry 16 or more passengers are subject to alcohol testing in the following circumstances:

  • Post-accident when there is a fatality or the driver receives a citation
  • Reasonable suspicion as discussed above
  • Random testing as required by law
  • Return-to-duty and follow-up tests, after evaluation or any necessary rehabilitation

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DRUG TESTING POLICY
Forsyth County has implemented a drug testing policy to promote and maintain a drug-free workplace in order to ensure the safety of employees and the public. A summary of the policy follows. View/Print the complete Drug Testing Policy.

Department Heads who have reasonable suspicion that an employee is using or is under the influence of drugs are authorized to schedule a drug test and require the employee to cooperate fully with testing personnel. Anyone refusing to take the drug test will be recommended for dismissal.

Before the drug test is administered, the employee will be asked to sign a consent form authorizing the test and permitting the release of test results to County officials with a need to know. The consent form also explains the procedure for confirming an initial positive test result, the consequences of a positive test result, the employee’s right to explain a positive test result, the appeal procedures available, and the consequences of refusing to undergo a drug test.

If a drug test result is positive, the Human Resources Director will notify the employee in writing, including the identity of the particular substance found. The employee will be subject to disciplinary action up to and including dismissal. The employee’s work history, job assignment, length of employment, current job performance and past disciplinary actions will be factors in determining the disciplinary action taken. An employee permitted to continue employment and receive assistance under the Employee Assistance Program will be required to use accrued sick leave, annual leave, compensatory leave or leave without pay for all time away from work. The intent of this opportunity for assistance is to allow substance abusers to get the help they need and to restore their productivity.

Those employees satisfactorily completing a drug rehabilitation program will be subject to unannounced drug tests for 2 years after completion of the program. Upon a positive drug test result, the employee will be recommended for dismissal.

Requirements for Employees Required to Have a Commercial Driver’s License
In compliance with Department of Transportation regulations 49 CFR part 382, employees who are required to have a Commercial Driver’s License and who operate a vehicle over 26,001 pounds or a vehicle that was designed to carry 16 or more passengers are subject to drug testing in the following circumstances:

  • Post-accident when there is a fatality or the driver receives a citation
  • Reasonable suspicion as discussed above
  • Random testing as required by law
  • Return-to-duty and follow-up tests, after evaluation or any necessary rehabilitation

Additional Testing for Certain Employees: Certain safety-sensitive positions may be subject to random drug testing through a separate policy adopted by their department.
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LIFE-THREATENING COMMUNICABLE DISEASE POLICY
This policy applies to those diseases which the Public Health Director has determined pose little reasonable risk of transmission in the workplace by normal contact, including the Human Immunodeficiency Virus (HIV) and other life-threatening communicable diseases. View the complete Life-Threatening Communicable Disease Administrative Policy.

  • Employees with a life-threatening communicable disease will be treated with dignity and respect.
  • Employees with such diseases will be allowed to perform their jobs as long as they are physically and mentally able to do so.
  • Testing for HIV infection is not a condition for employment.
  • All employees are expected to attend training sessions to receive accurate information pertaining to life-threatening communicable diseases. Employees who work in areas that pose increased risk of exposure may be required to attend additional training specific to their area of employment.
  • All information regarding employees, prospective employees or clients with life-threatening communicable diseases is confidential. Access to this information is limited to persons who have a legal right to know.
  • New employees will receive education in life-threatening communicable diseases as a part of their orientation session.
  • All County employees will provide services and carry out their duties to the public and clients regardless of whether or not the person being served has a life-threatening communicable disease or is perceived to have such a disease to which this policy applies. All such people will be treated with dignity and respect.
  • Center for Disease Control guidelines should be followed in the development of individual department procedures pertaining to the control of life-threatening communicable diseases. Employees are expected to follow the established procedures.
  • All workplace accidents involving blood and body fluids must be promptly reported to the supervisor with all appropriate reports completed.
  • Reasonable accommodations will be made to allow an employee with a life-threatening communicable disease to continue working as long as the employee is capable of continuing satisfactory performance on the job.
  • Any employee whose life-threatening communicable disease has reached the stage where his/her symptoms are beginning to interfere with the satisfactory performance of the duties of the position should inform his/her supervisor, who should contact the Human Resources Director for assistance.
  • An employee with such a disease can request that his/her private physician consult with the County Public Health Director and the Human Resources Director as needed.
  • Employees working with another employee who has a life-threatening communicable disease, but with whom casual contact does not put a person at risk, are expected to continue to perform their duties.

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WORKPLACE HARASSMENT POLICY
Forsyth County Government strives to provide an environment where all employees are free to perform their job duties with respect and dignity. Therefore, Forsyth County will not tolerate or condone workplace harassment on the basis of race, sex, gender, religion, national origin, age, color, or disability in any department by co-workers, supervisors, or non-employees who conduct business with the County. Retaliation or interference, coercion, restraint or reprisal against any person complaining of, or participating in an investigation of, alleged harassment is also prohibited. The County has established a training program for all employees as a part of its prevention plan. View the complete Workplace Harassment Policy

Workplace Harassment is defined as unwelcome speech or conduct based upon race, sex, gender, religion, national origin, age, color, or disability or other protected status that creates a hostile work environment or constitutes quid pro quo harassment.

Hostile Work Environment is defined as unwelcome speech or conduct that unreasonably interferes with job performance or creates an intimidating, hostile or offensive working environment. Whether a hostile work environment exists may depend upon, among other things, the following factors:

  1. whether the harassment was verbal or physical or both;
  2. how frequently the harassment was repeated;
  3. how hostile and clearly offensive;
  4. the identity of the harasser (coworker or supervisor);
  5. whether other people joined in the harassment; and
  6. whether the harassment was aimed at more than one person.

In addition to actual verbal or physical behavior, some examples of things that could contribute to a hostile work environment include posted written materials and/or cartoons, radio or recorded audio played and computer images or websites that another person could find offensive based on one of the protected statuses listed above.

Quid Pro Quo harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct when:

  1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or
  2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

Retaliation is defined as adverse treatment of an employee that occurs as a result of a report of, investigation of a report of, or opposition to workplace harassment.

  1. Complaint Procedure:
    1. All Employees Other Than Employees of DSS and Public Health
      1. Any employee who believes he or she may have a complaint of workplace harassment must immediately file a complaint with the employee’s immediate supervisor, the Human Resources Director ("HR Director"), or the County Manager only if the complaint is against the HR Director.
      2. It is the employee’s responsibility to complain in writing or to request an individual interview and be prepared to provide as much specific information as possible. Supervisors on notice of, or any employee who witnesses workplace harassment should also report the prohibited conduct to their supervisor or the HR Director.
    2. DSS and Public Health Employees Only
      1. Any employee who believes he or she may have a complaint of workplace harassment must submit a written complaint pursuant to the department’s internal grievance procedure within 30 calendar days of the alleged harassing action. If any step in the applicable department grievance procedure involves reporting harassment to the alleged harasser or it involves any action or decision by the alleged harasser, then the employee and the department shall bypass that step of the procedure and proceed with the next step of the department grievance procedure.
      2. The department will take appropriate action, if any, as soon as possible, but no longer than within 60 calendar days.
  2. Investigation:
    The confidentiality and privacy of County employees and others involved will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances.

    The parties and appropriate management officials will be advised of the outcome of investigations. Any employee found to be in violation of this policy will be subject to disciplinary procedures up to and including dismissal.
    1. All Employees Other than DSS and Public Health
      Working very closely with department heads and other County administrators, the HR Director is responsible for managing all complaints of workplace harassment and for ensuring that complaints are investigated promptly, thoroughly and impartially.
    2. DSS and Public Health Employees Only
      Working closely with the department staff and other agency management, the department head is responsible for managing all complaints of workplace harassment and for ensuring that complaints are investigated promptly, thoroughly and impartially.
  3. Appeal - DSS and Public Health Employees Only
    An appeal to the State Personnel Commission must be filed with the Office of Administrative Hearings within 30 calendar days after the 60 calendar days allotted the department for consideration of the complaint.

NOTE: This policy is applicable to all County employees except the Sheriff’s department which is subject to procedures set forth in its "Discrimination and Sexual Harassment," Section 35000.00 of the Standard Operating Procedures.
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WORKPLACE VIOLENCE POLICY
Forsyth County strives to provide a workplace free from violence. Therefore, all employees should know what will not be tolerated and the importance of reporting any behavior that may lead to violence. We will hold perpetrators of violence or threats of violence accountable and we will provide assistance and support to victims.

Prohibited workplace violence includes, but is not limited to, intimidation, threats, physical attack, domestic violence or property damage. It includes acts of violence committed by employees, clients, relatives, acquaintances or strangers against a County employee in the workplace.

Violent conduct while not at work may also be grounds for disciplinary action, up to and including dismissal if there is a potential adverse impact on a County employee’s ability to perform their assigned duties and responsibilities.

When it is reasonable to suspect the potential for violence exists, an employee may be required to undergo an assessment coordinated by the Employee Assistance Program (EAP) to determine the risk of danger. Compliance with recommended treatment will be mandatory.

Employees who are victims of workplace violence will be offered all available security measures. Victims may want such things as an adjustment to work schedule, location or leave of absence for a period of time to enhance their safety. These requests will be accommodated whenever possible and appropriate. The County will work closely with the victims to ensure that both the needs of the victims and the County are addressed. All victims will be encouraged to use the services of the Employee Assistance Program.

It is important for all employees to be alert to the possibility of violence by employees, former employees, clients and strangers. Safety should be the highest concern. All acts and threats of violence must be reported immediately to your supervisor and the Department Head. If those people are not available, contact Human Resources, Risk Management or the Attorneys Office. Of course if the situation warrants it, 9-1-1 should be called immediately.

Any retaliation against an employee who, in good faith, reports the behavior described in this section will be strictly prohibited. Every effort will be made to protect the safety and anonymity of anyone who comes forward with concerns about a threat or act of violence. Information will only be released on a need-to-know basis.

As part of the County’s efforts to prevent workplace violence, searches may be performed as described in the Workplace Searches section.
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POLITICAL ACTIVITIES
Forsyth County encourages County employees to take their civic responsibility seriously and support good government. Employees may join, affiliate with and support the principles or policies of civic organizations of a political nature in accordance with the Constitution and laws of the United States of America and the State of North Carolina. However, no employee shall:

  • Engage in any political activity while on duty or within any period of time during which he/she is expected to render services compensated by the County
  • Be required, as a duty of his/her office or employment, or as a condition of employment, promotion or tenure of office, to contribute funds for political or partisan purposes
  • Solicit, or act as custodian of, funds for political or partisan purposes while on duty as an employee of the County
  • Coerce or compel contributions for political or partisan purposes from any other employee of the County
  • Use any County supplies or equipment for political purposes

Any non-elected county official or employee who becomes a candidate for public office shall be required to take a leave of absence without pay or take annual leave, holiday or compensatory time 1 month preceding the primary, if the official or employee is a candidate in the primary. If successful in the primary, or not subject to the primary, the candidate must take a leave of absence without pay or take annual leave for 1 month preceding the general election.

All constitutional and elected officers are exempt from this entire section, but no such constitutional or elected officers are to use any County funds, goods, supplies or materials for partisan political purposes.
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DISCLOSURE OF CONFIDENTIAL INFORMATION
As a County employee, you are not permitted to disclose any confidential information obtained while working for the County without prior approval of your Department Head. Under no circumstances may you use such information to advance the financial or private interests of yourself or others. Violation of this rule constitutes grounds for dismissal.
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GIFTS AND FAVORS
No County employee is permitted to accept any valuable gift, whether in the form of entertainment, products, money, services, loans, or promise from any person, firm or corporation that has or anticipates a direct or indirect business interest with the County. No County employee is permitted, in the discharge of their duties to grant any improper favor, service, or gift.
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USE OF COUNTY VEHICLE
At various times your job may require travel. When the use of a vehicle is required, departmental policy and the availability of a County fleet vehicle will govern whether you drive your personal vehicle or a fleet vehicle. If use of a fleet vehicle is desired, you should reserve a vehicle from the County fleet at least 1 week in advance.

Use of a personal vehicle is appropriate if it is authorized by your Department Head and within budgeted funds. You will receive mileage reimbursement at the current effective rate if use of a personal vehicle is authorized. Employees must have a valid N.C. driver’s license to drive a County vehicle.

Employees must let their supervisor know when they have temporarily lost their driving privileges. Driving a County vehicle without a valid driver’s license will be considered misconduct and the employee will be recommended for dismissal. (See also Alcohol Policy and Drug Testing Policy sections.)

An employee whose job entails authorized use of a County vehicle for commuting to and from work should be aware that this usage is a taxable fringe benefit. More detailed information is available from the Finance Department.
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SOLICITATIONS
In order to protect employees from unwanted interruptions, it is the policy of Forsyth County that solicitation by outsiders for any reason is forbidden. Solicitation by co-workers should be done only with the prior approval of the Department Head.

Distribution of literature of any kind to employees without the prior approval of your Department Head is not permitted.

This policy does not apply to County-sponsored drives such as the United Way, Arts Council and Blood Drives.
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OUTSIDE EMPLOYMENT
The work of the County must have precedence over any other occupational interest of its employees. If you wish to hold outside employment for salary, wages or commission and/or any self-employment, you must request permission in writing and have it approved by your immediate supervisor and Department Head prior to beginning such employment. No time during County working hours may be used to promote or carry out outside employment, nor shall any County equipment, supplies or office space be used in conjunction with outside employment (except public safety uniforms when used in approved outside employment).

Conflicting outside employment shall be grounds for dismissal. Not disclosing outside employment is grounds for disciplinary action up to and including dismissal.
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CONFLICT OF INTEREST
Due to the County’s fiscal responsibility to the public you are prohibited from working in any situation that may be perceived to be a conflict of interest. Examples of situations of this type include:

  • Providing services to the County as an independent contractor
  • Having close ties to a vendor or potential vendor in your department
  • Performing consulting work that is closely related to your County role or that of your department
  • Participating in an interview that involves a friend or relative
  • Misusing your position in the County for personal gain

Whenever you are unsure whether a situation may be a conflict of interest, or whenever a potential conflict of interest arises, you are required to discuss it with your Department Head to make sure you are complying with this policy.
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INTERNAL INVESTIGATIONS
It is the responsibility of the County to investigate any serious matter brought to its attention. It is the responsibility of all County employees to report any activities that may need investigating and cooperate with all investigations.
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WORKPLACE SEARCHES
Situations will arise where there is a legitimate, job-related concern that requires Forsyth County to conduct a search. All employees should assume that what they do while at work or on County premises is not private. A search is a part of an investigation process to determine the facts and does not constitute an accusation of wrongdoing. The reasons for such searches may include, but are not limited to the suspicion of using or possessing County property without permission or in an unauthorized manner; use or possession of drugs, alcohol, weapons, stolen property or other illegal contraband; and harassment, violence or threats of violence.

A department, after consultation with the Human Resources Director, may search or inspect persons, vehicles, work spaces, desks, lockers, computers, telephones, packages or other items on County premises or on those premises where an employee is conducting business on behalf of the County. Employees refusing to allow or to properly cooperate in a search where there is reasonable suspicion will be subject to disciplinary action up to and including dismissal.

In addition, it is expected that in the normal course of work employees may enter your work areas in your absence to continue work related functions. Anything that is discovered in this process is subject to investigation.
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EMPLOYMENT OF RELATIVES
The employment of close relatives or immediate family members within the same department or unit will be avoided unless significant recruitment difficulties exist. This includes consideration of internal applicants for job changes in addition to external applicants for employment. If there are fewer than 3 other available and qualified applicants for a vacancy and it is necessary for close relatives or immediate family members to be considered for employment, or if 2 individuals already employed within the same department or unit marry each other, the following will apply:

Close relatives or members of an immediate family shall not be employed within the same department or unit of the department if such employment will result in one supervising a close relative or member of his/her immediate family, or where one member occupies a position which has influence over the other’s employment, promotion, salary administration or other related management or personnel considerations. The County Manager may make exceptions in cases with extenuating circumstances.

The terms “close relatives” and “immediate family” mean wife, husband, mother, father, brother, sister, daughter, son, grandmother, grandfather, grandson, and granddaughter of the employee. Also included are the step, half and in-law relationships of the above. It may also include others living within the same household or otherwise closely identified with each other where potential difficulty may develop within the department or unit.
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REDUCTION IN FORCE
In the event that a reduction in force becomes necessary, consideration will be given to the need for the service, the quality of each employee’s performance and seniority in determining which employees will be retained.

Employees of the Public Health and Social Services departments are subject to the RIF procedures set forth in the “Personnel Policies for Local Government Employment Subject to the State Personnel Act” manual. Employees in these departments should see their supervisors and/or Human Resources with any questions regarding those procedures.
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INCLEMENT WEATHER
To fulfill Forsyth County’s obligations to the public, it is each Department Head’s responsibility to ensure that his/her department is open during recognized office hours. It is not County policy to delay opening, close early or close all day in the event of snow. All absences or tardiness caused by inclement weather should be charged to annual leave, compensatory leave or leave without pay. Use of leave without pay during inclement weather is subject to the approval of your Department Head.

Although every effort will be made for County offices to remain open for the full scheduled work period, employees who anticipate problems with transportation will be permitted to use leave privileges as listed above.
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EMERGENCY MANAGEMENT
During and after major emergencies and disasters (such as tornadoes, ice storms, hazardous material spills) the residents of Forsyth County will still expect the County to provide some level of service; therefore there is an expectation that you will be available to work. Emergency Management is a combined City/County Department that provides the following information for employees to follow in an emergency. You may:

  • be assigned to staff a position in the Emergency Operations Center (EOC)
  • be assigned to augment another department
  • be expected to perform your normal duties

If a disaster occurs during work hours:

  • Try to remain calm. Take whatever action is necessary to protect yourself and direct any citizens to do the same (e.g. Duck, Cover & Hold; find a safe area of refuge; exit the building; find high ground) until the danger has passed.
  • Immediately after the danger has passed, check the condition of others in the area. If safe to do so, render assistance and call for help. If appropriate or directed, evacuate the building and proceed to the designated assembly area. (Always know your assigned assembly area.)
  • As soon as the situation is under control, check in with your supervisor(s) to see if and where you should report. If you are not at your normal work location, try to make your way back to it, or to the nearest County facility.
  • If you are assigned to an EOC team, ask your supervisor; call City Police Communications, 773-7700; or call the City Fire Department, 773-7900, to see if the EOC is being activated. If calls are not possible, make your way to the EOC location. If you are at work when a disaster occurs, you may not be able to make it home because of the extent of the devastation.

If you are home when a disaster occurs:

  • There is an expectation that you will be available to work once you have taken care of your family. Take whatever action is necessary to protect yourself and your family first.
  • As soon as it is possible, contact your supervisor to find out if you are to report to work and what supplies/equipment you will need to bring.
  • If you are assigned to an EOC team, contact City Police Communications, 773-7700, the City Fire Department, 773-7900, or the EOC, 661-6440. DO NOT DIAL 9-1-1 FOR THIS INFORMATION. If the telephone system is not operational, listen to the radio or TV for emergency information or listen to the directions of the Emergency Alert System.

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PERSONNEL RECORDS
While most of the information contained in your personnel file is confidential, the following information is a matter of public record under North Carolina law (G.S. §153A-98):

  • Name
  • Age
  • Date of original employment
  • Current position title
  • Current salary
  • Date and amount of most recent increase or decrease in salary
  • Date of most recent promotion, demotion, transfer, suspension, separation or other change in position classification
  • The office to which you are currently assigned

You may examine the information contained in your personnel file with the exception of references solicited prior to employment.

It is important that you keep your personnel records up-to-date by notifying the Human Resources Department of any change in your:

  • Address or phone number
  • Legal name
  • Marital status
  • Beneficiary for life insurance or retirement
  • State or federal tax withholding
  • Emergency notification information

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GRIEVANCE PROCEDURE
Problems can arise in any job situation. It is Forsyth County’s management philosophy that problems can best be resolved by free and open discussion. The County Grievance Procedure is designed to promote such discussion along with an orderly resolution to the problem. It is the County’s desire to address employee grievances promptly and fairly.

Except as specified under the Exceptions to Grievance Procedure section, any employee who has a problem or complaint concerning his/her job, working conditions or County policies may utilize the following grievance procedure. You are expected to continue to perform your job as directed by your supervisor until the grievance is resolved.

For purposes of this Grievance Procedure, a mere disagreement or difference of opinion with your supervisor or other employee, such as a performance appraisal or position classification decision, is ordinarily not a grievable issue.

Step 1 - You should first discuss the problem with your immediate supervisor. Many concerns can be resolved at this level.

Step 2 - If a satisfactory solution is not reached in Step 1, you may request an appointment and meet with your Department Head to discuss the matter further. At the meeting with the Department Head, you should openly discuss the problem. If a satisfactory solution is reached, the matter may be considered resolved.

Step 3 - If the matter cannot be satisfactorily resolved in a conference between you and your Department Head, you may then request an appointment to discuss the matter with the Human Resources Director.

Step 4 - After meeting with the Human Resources Director, if your problem is still unresolved, you may request an appointment and meet with the County Manager. After this conference, the County Manager will take appropriate action and report the findings to you and your Department Head through the Human Resources Director. The decision of the County Manager is final.

Exceptions to the Grievance Procedure
If you feel that your problem is of a highly sensitive nature (e.g., sexual harassment, discrimination, or an accommodation for a disability), you may submit a written description of the situation to the Human Resources Director. The Human Resources Director will notify you in writing of the appropriate procedure to follow.

Public Health and Social Services employees are subject to the State Personnel Act and therefore follow a different grievance procedure. Employees of these departments should consult their supervisors and/or Human Resources with any questions regarding their particular grievance procedure.

The Sheriff and the Register of Deeds are elected officials and, by law, have the sole right to hire and dismiss their employees, as does the Tax Assessor for certain employees. Any employee in one of these departments who has a grievance should follow the grievance procedure established by his/her department.
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DISCIPLINARY ACTION
While it is Forsyth County’s desire and expectation that all employees’ job performance remain at standard or above, realistically there may be times when an employee’s job performance or personal conduct falls below an acceptable level. In those instances where an employee does not achieve acceptable standards of performance or violates established rules of conduct, supervisors are expected to take prompt action in accordance with the disciplinary procedures provided below.

The disciplinary procedure for employees of the departments of Public Health and Social Services are determined by the provisions of the State Personnel Act and are different from the process described in this section. Employees of those departments who need information about their department’s disciplinary procedures may access that information using the following steps:

  1. Go to www.osp.state.nc.us
  2. Go to Local Government
  3. Go to LG Resources Manual
  4. Go to Section 1 – Local Government Administrative Code
  5. Go to section .2300 for the Disciplinary Process

Employees of Public Health and Social Services should also check with their individual department head or the department head's designee for Human Resources matters.

Progressive Discipline
The purpose of disciplinary action is to give employees the opportunity to correct unacceptable performance or behavior unless an employee’s offense is of such a serious nature as to warrant dismissal from employment without prior warning(s). Accordingly, disciplinary action should be appropriate to the offense. Any disciplinary action taken since an employee’s last performance appraisal will be considered in the employee’s next performance appraisal.

As soon as performance and/or conduct problems occur, supervisors are encouraged to counsel or give verbal warning to employees. If one or more verbal warning fails to resolve the problem, supervisors should proceed to the following disciplinary measures:

  1. Written Warning. A written warning is to be used for a first instance of a serious failure or problem in job performance or personal conduct, or when coaching, counseling and/or verbal warning(s) have failed to resolve a particular issue. Receipt of written warning places an employee in a probationary status for not less than ninety (90) days. This probationary status can be extended if another event occurs in that 90-day period which would warrant further disciplinary action. An employee in a probationary status is not eligible for pay-for-performance increases, and his/her performance appraisal date is adjusted by the amount of time he/she is on probation.

    An employee may receive one or more written warnings for the same issue or problem, as his/her supervisor deems appropriate. Failure to show immediate and sustained improvement in the area(s) noted in a written warning will result in further disciplinary action up to and including dismissal from employment.


  2. Dismissal. Dismissal from employment will result when an employee fails to demonstrate improvement in problem areas despite written warning(s) as noted above or when an employee engages in misconduct or violation of policy which is so serious as to warrant dismissal without progressive discipline. Examples would include, but not be limited to, engaging in criminal actions in the workplace, workplace violence, use of alcohol or drugs in the workplace, gross insubordination, theft of County property.

It is important to note that Forsyth County department heads have varying authority related to disciplinary action (see “Disciplinary Authority” section below). If dismissal occurs, some employees have certain appeal rights which vary by department as described below under “Right to Appeal Disciplinary Action”. All employees dismissed will be removed from the payroll immediately.

Disciplinary Authority

  • Department heads that are not appointed by the County Manager have the authority to suspend, demote, or dismiss employees. However, they typically consult with the Human Resources Director on disciplinary actions. These department heads are the County Attorney, Board of Elections Director, North Carolina Cooperative Extension Director, Public Health Director, Register of Deeds, Sheriff, Social Services Director and Tax Assessor/Collector.
  • All other department heads are required to consult with the Human Resources Director prior to taking action to suspend, demote, or dismiss employees. Suspensions and demotions are very rarely used as disciplinary action but may be considered in unusual circumstances. Demotions will result in a reduction in pay.

Right to Appeal Disciplinary Action
Employees in departments whose department head is appointed by the County Manager may appeal any suspension, demotion, or dismissal to the County Manager. To appeal such a decision by a department head, the employee must notify the Human Resources Director in writing within 15 days of the date of the decision. If the County Manager should decide in favor of the employee’s appeal, the employee will be reinstated.

Employees in their introductory period are not included in this appeal process. The decision of the County Manager is final.

Employees in departments whose department head is not appointed by the County Manager (listed above) may or may not have appeal rights. Employees of those departments should check with their supervisor about any appeal rights.

Employees of the departments of Public Health and Social Services who desire to appeal a disciplinary action may obtain a copy of the Personnel Petition Form at www.oah.state.nc.us/hearings.
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END OF EMPLOYMENT
If you resign from your employment with the County, you are requested to submit a letter to your Department Head (with a copy to the Human Resources Department) stating the effective date of your resignation. Two weeks notice is considered appropriate in most cases, but earlier notice is always appreciated.

Your end of employment date will be the same as your last day worked for all cases of separation except in the case of retirement and/or certain FMLA leave periods. Employees retiring can use vacation for their last day. For all other separations, you may not use accrued leave beyond your last day worked in order to receive longevity pay, holiday pay, or for any other reason. Your final paycheck will include payment for accrued annual leave up to 30 days if you have been employed longer than 6 months. (Employees working 6 months or less have advanced, not accrued, leave) You must turn in all County property to your supervisor on your last day of work, including keys and identification badge.

ANNUAL LEAVE MAXIMUM PAID AT END OF EMPLOYMENT

Work Week Maximum Hours
40 240
42 252
42.75 256.50
56 336

It is important that you have an exit interview to discuss the status of your insurance benefits and other pertinent matters. (See the Exit Interview section.)

If you change your mind and wish to continue to work after giving a clear verbal or written notice of leaving, it will be up to the department whether or not to allow you to continue to work.

If you resign from Forsyth County employment and retire within a year, Forsyth County will report to the Retirement System your accrued sick leave at the time of termination. If you resign and go to another North Carolina government agency be sure to check with your new employer to see if they accept a transfer of sick leave.
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RE-EMPLOYMENT
If you are a former Forsyth County employee selected for re-employment after November 1, 2002, you will receive credit for your previous service. This includes the annual leave accrual rate and longevity and service date adjustments. A sick leave balance is reinstated only if there has been less than a year break in employment. It is considered a break in service to move from a position with benefits to a position without benefits. If sick leave was transferred to another North Carolina government agency, see the Transfer of Sick Leave section. Because you are being re-employed, you are not considered a new employee and are not advanced the 6 days of sick and annual leave. Salary is determined in the recruitment process.
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EXIT INTERVIEW
When you end your employment with Forsyth County by resignation or retirement, you will have an exit interview scheduled with the Human Resources Department. If the Human Resources Department has not contacted you by your next to the last day of employment, you should contact the Human Resources Department to arrange an exit interview. The purpose of the exit interview is to discuss relevant matters of concern to you as a terminating employee. Such matters include:

  • Reason for termination
  • Status of employee benefits
  • Refund of retirement contributions
  • Forwarding address

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