Loading...
6-18-2020 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE EIGHTEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND TWENTY PRESENT: Joel C. Acree, Windsor District, Chairman Richard L. Grice, Smithfield District, Vice Chairman Rudolph Jefferson, Hardy District William M. McCarty, Newport District Don G. Rosie, II, Carrsville District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER Chairman Acree called the regular Board of Supervisors' meeting to order at 5:00 p.m. APPROVAL OF AGENDA/AMENDMENTS Supervisor McCarty moved that the agenda be approved with the addition of a discussion on the Commission on Aging under New Business and recognition of Ms. Wiggins and Ms. Sowell for their service on the Social Services Board under Special Presentations. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia regarding a discussion regarding the appointment of specific appointees to County boards, committee or authorities, 2.) pursuant to Section 2.2-3711(A)(8) regarding consultation with legal counsel employed or retained by the Board regarding specific legal matters requiring the provision of legal advice by such counsel including the amendments to and procedural requirements of §15.2-1812 of the Code of Virginia, subsection 8 and, 3.) pursuant to 2.2.3711(A)(7) concerning a discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the County would be adversely affected. 1 Upon motion of Supervisor Jefferson and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor Jefferson and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Pastor Manny Green of Harvest Fellowship Baptist Church delivered the invocation and lead the Pledge of Allegiance to the American Flag of the United States of America. Oil CITIZENS' COMMENTS Albert Burckard, Newport District, proposed that the Confederate Statute in front of the old Courthouse Building be transformed into a war memorial in recognition of those who sacrificed their lives in times of war. David Butler, representing the Marshall Hunt Club, advised that the Club would like the opportunity to bid on the southern tract of the Blackwater River property. CONSENT AGENDA A. Resolution to Amend the\FY2019-20 Grant Fund Budget and Appropriate Funding from the Virginia Department of Health Drinking Water Planning and Design Fund Grant ($29,511) B. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management ($6,424) C. Resolution to Re -appropriate Funds from the FY 2019 General Fund Assigned Fund Balance to the FY 2020 General Fund School Maintenance and Repair Account ($40,208) D. Resolution to Accept and Appropriate the Virginia Department of Criminal Justice Services Victim Witness Assistance Grant ($102,523) E. Resolution to Amend the Budget and Appropriate Funding from Hampton Roads Transportation Planning Organization for the Nike Park Bicycle and Pedestrian Trail ($174,606) F. Resolution to Amend the Budget to Appropriate Funding for the Re- positioning of Utilities for the Nike Park Trail ($494,518) G. Resolution to Amend the Budget for Funding to Reimburse Carrollton Volunteer Fire Department Maintenance Cost Overruns ($43,724) Supervisor McCarty moved that the Consent Agenda be approved as presented. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor McCarty reported on items discussed at the most recent meeting of the Hampton Roads Transportation Advisory Committee. Supervisor Rosie reported on items discussed at the most recent meeting of the Hampton Roads Military & Federal Facilities Alliance. 3 APPOINTMENTS Supervisor Jefferson moved that Barbara Davis be appointed to represent the Hardy District on the Social Services Board. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor Rosie moved that Linda Boone Randolph be appointed to represent the Carrsville District on the Social Services Board. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved that L'Tanya Johnson be reappointed to serve on the Hampton Roads Workforce Council. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Vice -Chairman Grice moved that Roderick Hallum be reappointed to serve on the 'Camp Community College Board. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Vice -Chairman Grice moved to appoint Russ MacConnell to replace Ronald Spivey on the Board of Zoning Appeals representing the Smithfield District. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS Barbara Wiggins, Hardy District and Patricia Sowell, Carrsville District, were recognized for their years of service on the Social Services Board. Danny Byrum, Fair Chairman, addressed the Board regarding requirements associated with COVID-19 in relation to the 2020 County Fair and advised that a decision on whether to conduct the Fair must be made by the Board's July meeting. He advised that until that time, he intends to continue encouraging the Fair Committee members to continue with their planning efforts. COUNTY ATTORNEY'S REPORT County Attorney Jones briefed the Board regarding recent action taken by the General Assembly to adopt legislation, effective July 1, 2020, to increase from $10 to $20 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse and courtroom security. He advised amendment of the current courthouse security fee requires a public hearing. Supervisor Grice moved that the County Attorney be directed to develop an ordinance to increase the Courthouse Security Fee and increase General Fund revenues by approximately $65,000. The motion carried unanimously (5-0) with M Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARINGS A. Resolution to Amend the FY 2019-20 Operating Budget and Appropriate CARES Act Funding ($3,237,617) Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Resolution. No one appeared and spoke, and the public hearing was closed. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY2019-2020 BUDGET AND APPROPRIATE FUNDING FROM FEDERAL CARES CORONAVIRUS RELIEF FUNDS WHEREAS, the U. S. Congress recently passed and the President signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020; and, WHEREAS, primary component of the CARES Act is $150 billion in assistance to state, local, territorial, and tribal governments for the direct impact of the COVID- 19 pandemic through the establishment of the Coronavirus Relief Fund (CRF); and, WHEREAS, the Commonwealth of Virginia has allocated funding from the CRF to Isle of Wight County in the amount of three million two hundred thirty-seven thousand six hundred seventeen dollars ($3,237,617); and, WHEREAS, the Board of Supervisors needs to amend the FY 2019-2020 Grant and Operating Budgets and appropriate total spending in the amount of three million two hundred thirty-seven thousand six hundred seventeen dollars ($3,237,617) for impacts associated with COVID-19. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the FY 2019-2020 Budget is hereby amended, and funds appropriated in the amount of three million two hundred thirty seven thousand six hundred seventeen dollars ($3,237,617) to include Business Interruption Grants of $648,000 and Town allocations of $780,818 with an appropriation to flow through the Operating Budget of $1,808,799 for pandemic related expenditures. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. 5 The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. B. Proration of Vehicle License Fees Proposed revisions to Chapter 11, Motor Vehicles, were reviewed with the Board by County Attorney Jones. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Resolution. Albert Burckard of the Newport District, on behalf of the Carrollton Civic League and the Isle of Wight Citizens Association, spoke in favor of the proposed revisions. Chairman Acree closed the public hearing. Supervisor Jefferson moved that an ordinance amendment for vehicle license fees be adopted. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. C. Ordinance for Personal Property Tax Exemption from Smithfield VA Events County Attorney Jones reviewed a request for tax exempt status from Smithfield VA Events and the associated current annual fiscal impact. Chairman Acree opened the public hearing and called for persons to speak in favor or in opposition to the request. Gina Ippolito, Festival Director for Smithfield VA Events, appeared on behalf of Smithfield VA Events and requested approval of the request. Chairman Acree closed the public hearing. Supervisor Rosie moved that the following Ordinance be adopted: AN ORDINANCE TO DESIGNATE AS EXEMPT FROM TAXATION ALL REAL AND PERSONAL PROPERTY OWNED OR OPERATED BY SMITHFIELD VA EVENTS BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That, in accordance with Section 58.1-3651 of the Code of Virginia (1950, as amended), all real and personal property currently owned and operated, or which may be owned and operated in the future, by Smithfield VA Events is hereby R exempt from taxation by Isle of Wight County, Virginia for so long as Smithfield VA Events continues to use such real and personal property in the furtherance of its operation as a charitable organization and for so long as Smithfield VA Events remains in compliance with all federal, state and local laws regulations related to the operation of such charitable organizations. This ordinance shall remain effective as long as Smithfield VA Events complies with the triennial application process as set forth in the Isle of Wight County Policy Manual in accordance with Section 58.1-36-15 of the Code of Virginia (1950, as amended), The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. D. T -Mobile Lease Renewal Agreement for the Tower Lease with T -Mobile USA, Inc. County Attorney Jones briefed the Board on the history of the T -Mobile Lease set to expire on May 31, 2022. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed lease renewal. No one appeared and Chairman Acree closed the public hearing, Supervisor McCarty moved to authorize execution of the renewal agreement for the tower lease with T -Mobile USA, Inc. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. The Board took a break. Upon returning to open session, Chairman Acree called for the County Administrator's report. COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton highlighted matters for the Board's information pertaining to how the County's policy operates regarding State holidays. UNFINISHED/OLD BUSINESS Supervisor McCarty moved to create the Broadband Task Force for Isle of Wight County consisting of the County and Schools Information Technology directors; one to two members of the Board of Supervisors; the Assistant County Administrator; and, two to five County citizens. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. VA At the first meeting, the Task Force members should decide a date by which the Board expects to hear from the Task Force (early Fall) and a Mission Statement. Vice Chairman Grice moved to appoint Billy Yoken to represent the Smithfield District on the Broadband Task Force. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved to appoint Landis Robertson to represent the Hardy District. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Chairman Acree moved to appoint Jim Henderson to represent the Newport District. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS Mary Beth Johnson, Director of Human Resources, reviewed proposed amendments to County policy that would take effect July 1, 2020 and recommended that the Board adopt the Resolution to Amend Chapter 1: Personnel, Article I, Section 1.2, Article V, Section 5.15, Article VI, Section 6.3, Article XI, Section 11.5 and Section 11.7, Chapter 4: Fleet, Article I, Section 1.5 and Chapter 7: Miscellaneous — Employee Related, Article I and Amend and Re -Adopt Chapter 1: Personnel, Article XI, Section 11.4 of the County Policy Manual. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE I, SECTION 1.2, ARTICLE V, SECTION 5.15, ARTICLE VI, SECTION 6.3, ARTICLE VIII, SECTION 8.3, ARTICLE XI, SECTION 11.5 AND SECTION 11.7, CHAPTER 4: FLEET, ARTICLE I, SECTION 1.5 AND CHAPTER 7: MISCELLANEOUS — EMPLOYEE RELATED, ARTICLE I AND AMEND AND RE -ADOPT CHAPTER 1: PERSONNEL, ARTICLE XI, SECTION 11.4 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established an Equal Employment Opportunity Policy under Chapter 1: Personnel, Article I, Section 1.2, a Public Health Emergency Leave Policy under Chapter 1: Personnel, Article V, Section 5.15, a Holiday Policy under Chapter 1: Personnel, Article VI, Section 6.3, a list of grievable issues under Chapter 1: Personnel, Article VIII, Section 8.3, a Use of Alcohol and Controlled Substances Policy under Chapter 1: Personnel, Article XI, Section 11.4, a Non - Discrimination and Anti -Harassment Policy under Chapter 1: Personnel, Article XI, Section 11.5, a Recording Device Policy under Chapter 1: Personnel, Article XI, Section 11.7, a Fleet Policy under Chapter 4: Fleet, Article I, Section 1.5 and a Travel Policy under Chapter 7: Miscellaneous — Employee Related, Article I of the County Policy Manual; and WHEREAS, the County desires to amend Chapter 1: Personnel, Article I, Section 1.2, Article V, Section 5.15, Article VI, Section 6.3, Article VIII, Section 8.3, Article XI, Sections 11.5 and 11.7, Chapter 4: Fleet, Article I, Section 1.5 and Chapter 7: Miscellaneous — Employee Related, Article I of the County Policy Manual to amend the protected classes in the Equal Employment Opportunity Policy, to clarify the meaning of immediate family member within the Public Health Emergency Leave Policy, remove the observance of Lee -Jackson Day and add the observance of Election Day as holidays due to changes adopted to the holidays observed by the Commonwealth of Virginia and to incorporate existing practice for holiday pay into the Holiday Policy, to amend the list of grievable issues in the Grievance Policy, to amend the Non -Discrimination and Anti -Harassment Policy to include additional protections from discrimination and harassment on the basis of gender identity and pregnancy, childbirth, or related medical condition, to clarify the Recording Device Policy, to amend the Fleet Policy and to amend the Travel Policy. WHEREAS, the County desires to amend and re -adopt Chapter 1: Personnel, Article XI, Section 11.4 to update the rules, procedures, and provisions of the Substance Abuse and Drug -Free Workplace Policy; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Chapter 1: Personnel, Article I, Section 1.2, Article V, Section 5.15, Article VI, Section 6.3, Article VIII, Section 8.3, Article XI, Section 11.7, Chapter 4, Article I, Section 1.5 and Chapter 7: Miscellaneous — Employee Related, Article I are hereby amended and Chapter 1: Personnel, Article XI, Section 11.4 is hereby amended and re -adopted as follows: Chapter 1: Personnel ARTICLE I - General Provisions (Revised December 15, 2005, May 21, 2015, JJ -,"1, 202J / ) Section 1.2 - Equal Employment Opportunity Policy (Revised December 15, 2005, May 21, 2015,u1, 2020, Isle of Wight County maintains and promotes equal employment opportunity in all phases of employment and personnel administration in accordance with State and Federal laws, executive orders and regulations. No officer or employee of the County shall discriminate against any employee or applicant for employment with regard to recruitment, application, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of employment on the basis of race, in color, sex clunan ding pregcy, as well as childbirth and relatedmedic_a oriditions includi,nlactatio_n,, sexual orientation, and gender identity religion, national origin, age, disability, marital status, veteran status, genetic information, r,px,,,l eFieRtatie or other non -job related characteristic protected by applicable law. E Americans With Disabilities Act (ADA) and Americans with Disabilities Amendments Act (ADAAA) Provisions It is the policy of Isle of Wight County to comply with the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) prohibiting discrimination against applicants and employees with disabilities and, when needed, to provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Isle of Wight County to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is the policy of Isle of Wight County to prohibit discrimination against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Employees and applicants with disabilities requesting reasonable accommodations to perform essential job functions should request such through the Human Resources Department. iscrimination Protections for Pregnancy, Childbirth, and Related Medica anditions sle of Wight County prohibits discharging or otherwise discriminating_ gainst an individual, including employees and applicants for employmltntl ith respect to such individual's compensation, terms, conditions, o ]privileges of employment on the basis of re nanc ,childbirth or related medical conditions (including lactation A yn employee seeking a reasonable accommodation for pregnancy_ childbirth, or related medical condition should request such through the tiuman Resources Department���� )sle of Wight County prohibits adverse action against an employee wha� requests or uses a reasonable accommodation. "Adverse action" include ailure to reinstate any employee to her previous position or an equivalent osition with equivalent pay, seniority, and other benefits when her need �or an accommodation ends. Likewise, Isle of Wight County shall not den employment or promotion opportunities to an otherwise qualified, 6pplicant or employee because the employer will be required to ma_ke reasonable accommodation to the known limitations such applicant on e m Ip ogee ��.�...�....n..., �.. ..�.,� No officer or employee of the County shall retaliate against any employee with regard to recruitment, application, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of employment because the employee has used or has participated in the County's grievance procedure, has complied with any law of the United States, or of the Commonwealth of Virginia, or has reported any violation of such law to a governmental authority, or has sought any 10 change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement to the Board of Supervisors, the County Administrator, the County Attorney, or other governmental authority. ARTICLE V - Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007, October 2, 2008, January 8, 2009, June 19, 2014, October 16, 2014, December 18, 2014, April 1, 2015, January 1, 2018, July 1, 2018, July 1, 2019, March 19, 2020, April 1, 2020, Jud 02 Section 5.15 - Public Health Emergency Leave (March 19, 2020, Revised April 1, 2020, July 1, 2020 Isle of Wight County recognizes that in the event of a public health emergency, employees may be.asked to or required to remain away from the workplace to care for the medical needs of self and/or immediate family members due to symptoms of and/or a diagnosis of the disease identified in the public health emergency, required quarantine without the ability to telework, and/or other purposes allowed by the County Administrator identified in the public health emergency for the purpose of infectious disease control. The County Administrator will determine based on emergency declarations and/or other public health emergency guidance when public health emergency leave may be granted, for what time period, and for what purposes related to the public health emergency. or purposes of this policy, immediate family member shall be thd Pame as it is defined in the Sick Leave Policy, in Chapter 1: Personnel Article V, Section 5A The County may grant, without requirement of repayment, up to eighty (80) hours of public health emergency paid leave (PHE leave) (up to 112 hours for regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services) to regular full-time employees. The County may grant, without requirement of repayment, regular part-time employees (those working between 20-29 hours per week on a regular basis PHE leave in the. amount not to exceed the number of work hours the employee is normally scheduled to work in a two-week period. For example, a regular part-time employee who normally works twenty (20) hours per week would be eligible for up to twenty (20) hours of PHE leave per week for two weeks. The County may grant, without requirement of repayment, on-call/intermittent/temporary/or seasonal part-time employees PHE leave in the amount equal to the average number of hours that the employee worked per day, including leave taken, over the 6 -month period immediately preceding the request for leave. For example, if the employee requested leave on March 20, 2020 any hours worked or leave taken from September 20, 2019 through March 20, 2020 would be considered in determining the amount of PHE leave permissible under the policy. If the employee did not work over the prior 6 -month period, the reasonable 11 expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work shall be used to determine the PHE leave permissible under the policy. Employees are responsible for requesting PHE leave, if available, through their Department Head, and for providing any required documentation, including medical documentation, requested to the Human Resources Department. Once the granted PHE leave has been exhausted, should an employee be asked to or be required to remain away from the workplace, the employee's other available leave, if any, will be utilized to cover his/her absence, unless any other leave provisions apply. Once the employee has exhausted all available paid leave, he/she may make a request under the Leave Donation Policy or Leave under the Family and Medical Leave Act Policy (Chapter 1, Article XIII and/or Chapter 1, Article V, Section 5.12) if he/she is eligible for such. Should the employee not be eligible for the Leave Donation Policy and/or have exhausted all paid leave or donated leave, the employee may be placed on leave without pay, pending eligibility and/or approval for such in accordance with policy. During a public health emergency, particularly an infectious disease outbreak, it is critical that employees do not report to work while they are ill and/or experiencing the symptoms and for whatever time specified following last experience of symptoms and/or diagnosis identified by the Centers for Disease Control (CDC) associated with the public health emergency/infectious disease. Employees who report to work ill will be sent home in accordance with the CDC's health guidelines. If an employee is out sick or showing symptoms of being ill, it may become necessary to request information from the employee and/or the employee's health care provider or that of the employee's immediate family member. In general, the request for medical information would be for the purpose of confirming the employee's need to be absent, to show whether and how an absence relates to the public health emergency/infectious disease, and to know when it is appropriate for the employee to return to work. As always, we expect and appreciate the cooperation of employees when medical information is sought. Emergency Paid Sick Leave Act During the period beginning April 1, 2020 and ending on December 31, 2020, pursuant to the provisions of the Families First Coronavirus Response Act (H.R.6201), Isle of Wight County will grant the mandated emergency paid sick leave in the form of Public Health Emergency Leave (PHE leave) to all employees for the purposes of: 1) The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19. 2) The employee has been advised by a healthcare provider to self -quarantine due to concerns related to COVID-19. 12 3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. 4) The employee is caring for an individual who is subject to an order of quarantine or isolation and/or is caring for an individual who has been advised by a healthcare provider to self -quarantine due to concerns related to COVID-19. 5) The employee is caring for their son or daughter or grandchild if the school or place of care of the son or daughter has been closed, or the childcare provider of the son or daughter is unavailable, due to COVID-19 precautions. 6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. After the first workday (or portion thereof) an employee receives paid sick leave (PHE leave) under this Act, an employer may require the employee to follow reasonable notice procedures in order to continue receiving such paid sick leave (PHE leave). PHE leave needed for dependent care purpose (5) above may be used intermittently. All employees eligible for PHE leave under this policy shall be granted the following hours of PHE leave, capped at $511 per day and $5,110 in the aggregate, as follows: Full-time Employees: up to 80 hours (up to 112 hours for regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services) Part-time Employees: • Regular part-time employees (those working between 20-29 hours per week on a regular basis): amount not to exceed the number of work hours the employee is normally scheduled to work in a two-week period. For example, a part-time employee who normally works twenty (20) hours per week would be eligible for up to twenty (20) hours of PHE leave per week for two weeks. • On-call/Intermittent/Temporary/or Seasonal part-time employees: amount equal to the average number of hours that the employee worked per day, including leave taken, over the 6 -month period immediately preceding the request for leave. For example, if the employee requested leave on March 20, 2020 any hours worked or leave taken from September 20, 2019 through March 20, 2020 would be considered in determining the amount of PHE leave permissible under the policy. If the employee did not work over the prior 6 -month period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work shall be used to determine the PHE leave permissible under the policy. 13 ARTICLE VI - Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, April 1, 2015, April 16, 2015, January 1, 2018, July 1, 2018, March 19, 2020,1, Fu=, 202:O) Section 6.3 - Holidays (Revised_ October 4, 2007, July 1, 2008, December 18, 2014, April 16, 2015, July 1, 2017, July 1, 2020) Isle of Wight County shall observe the following holidays and other such holidays as may be prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia: New Year's Day First day of January King Day Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day Fourth day of July Labor Day First Monday in September Columbus Day& Yorktown Victory Day Second Monday in October lection Da First Tuesdav in November Veteran's Eleventh day of November _Day lf Da lay before Thanksgiving Fourth Wednesda in Novem !f Thanksgiving Day Fourth Thursday in November and the day after Thanksgiving Day Christmas Day Twenty-fifth day of December and the day before or after Christmas Day If any holiday falls on Saturday, the Friday preceding the holiday shall be observed. If the holiday falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust the schedule to accommodate special circumstances. All regular full-time employees shall be entitled to holiday time off with pay equal to the employee's regularly scheduled hours of work. All regular part-time employees (those regularly scheduled for 20-29 hours per week) shall be entitled to time off with pay equal to four (4) hours. An employee forfeits eligibility to be compensated for the holidays observed by the County unless the employee works the last scheduled work day before the holiday and the first scheduled work day after the holiday or is on approved leave with pay. 14 If a regular non-exempt full-time employee, except for employees assigned to a 28-day cycle within the Department of Emergency Services and b11 dispatch_ _s, is required to work on the actual and/or observed holiday, he/she shall receive his/her regular rate of pay for all hours worked plus compensatory time off. Since regular non-exempt full-time employees assigned to a 28-day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services ndx911 dispatchers' regularly work holidays as part of their normal work schedule, these employees will be paid twelve (12) heuFs of straight time as holiday pay for the actual and/or observed holiday. Holiday straight time pay for non-exempt full-time employees assigned to a 28-day cycle is equal to twelve (12) hours with, partial holidays e prorated (i.e. — half day holiday straight time pay equals _to_six (6) hours, etc.). loliday straight time pay for non-exempt full-time employees assigned as 911, ispatchers is equal to the number of hours he/she worked on the actual and _/or bserved holiday, with partial holida�rs prorated���+� If an exempt employee is required to work on a holiday, he/she shall receive compensatory time off equal to the hours worked to be taken another time. If any part-time employee is required to work on a holiday, regardless of his/her status, he/she shall receive pay at the rate of time and a half for all hours worked on the holiday. Assignments for work on a holiday must be approved in advance by the department head or his/her designated representative. Given that the County recognizes the preceding Friday or following Monday but an eligible employee may be required to work on the actual holiday, the employee will be eligible for holiday pay in accordance with this holiday for any hours worked on both the day the County recognizes the holiday and for any work on the actual holiday. If a part-time employee is required to work on a holiday and/or the observed holiday, he/she shall receive time and one half rate for all hours worked on that date. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. An employee who is on approved leave with pay during a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee who is on military leave with pay during a period in which a holiday falls, shall not receive any additional pay or compensatory leave for the holiday. An employee on Workers' Compensation Leave will not receive holiday pay. In the case of an employee who terminates employment and the last day actually worked is the last work day before a holiday, the employee is not eligible for holiday pay unless the holiday is the last day of the pay period and the employee has been on active status for the full pay period. For Religious or other National Holidays, with leave approved by the supervisor, an employee may request authorized leave with pay as follows: • Request charged to compensation time off (if applicable) • Request charged to annual or personal leave 15 ARTICLE Vlll - Grievance Procedure (Revised lune 14, 2007, April 1, 2015, iul- 1 2020 ��y�.. Section 8.3 - Definition of Grievance (Revised April 1, 2015, Jud1202Q) A grievance shall be defined as a complaint or dispute by an employee relating to his/her employment, but not necessarily limited to the following grievable issues: 1. The disciplinary actions of written reprimand, disciplinary demotions, dismissals, and suspensions; 2. Concerns regarding the personnel policies, application, meaning, or interpretation of procedures, rules, and regulations; Discrimination in any employment practice based on the employee's race, color, creed, sex, age, religion, national origin, disability or political affiliation; 4. Acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee: u,. (i) reports a violation or susfected violation of law to a supervisor) overnmental body, or police _ ii) is requested by a governmental body or police p to participate in an nvestigation, hearing, or inquiry���YW��-Kr�.. _ iii) refuses to engage in a criminal act that would asubiect theemloyee td riminal liability,,- iv) refuses an employer's order to perform an action that the employe elieves, which belief has an objective basis in fact, violates the law and the Employee informs the employer that the order is being refused for tha reason; or _ v) provides information to or testifies before any governmental body o olice conducting an investigation, hearing, or inquiry into an alleged, iolation bar the emolover of federal or state law or regulation; o Lvi1 has complied with any law of the United States or of the Commonwealth of Virginia, or has reported a violation of such law to a governmental authority; or C ii has sought any change in law before the Congress of the United States or the General Assembly; or viii has reported an incidence of fraud, abuse, or gross mismanagement. Management Responsibilities Management reserves the exclusive right to manage the affairs and operations of County government. Accordingly the following complaints are not grievable under this procedure: 16 a. Establishment and revision of wages or salaries, positions, job titles or general benefits; b. Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of job content; C. Contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; d. Failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; e. The methods, means and personnel by which work activities are to be carried on; f. Termination, demotion or suspension from duties because of lack of work, reduction in workforce, or job abolition, except where such action affects an employee who has been reinstated within the previous six (6) months as a result of the final determination of a grievance. Such action shall be upheld upon a showing that: (i) there was a valid business reason for the action and (ii) the employee was notified of such reason in writing prior to the effective date of the action; g. The hiring, promotion, transfer, assignment and retention of employees within the County; h. The relief of employees from duties of the County in emergencies. i. Counseling memoranda and manners of providing supervisorydirections; j. Performance evaluations; k. Oral reprimands. In any grievance brought under the exception to provision (f) of this subsection, the action shall be upheld upon a showing by the County that: 1. There was a valid business reason for the action; and 2. The employee was notified of the reason in writing prior to the effective date of the action. 17 ARTICLE Xl- Miscellaneous Policies and Regulations (Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006, September 4, 2008, May 21, 2015, September 17, 2015,1 1, 2020 Section 11.4 - Use of Alcohol and Controlled Substances (Revised September 4, 2008, lut1 2020 M. ` P 12 W" 2 i . - - ............ F-IMMMUM 3 -- Un ._ ............ F-IMMMUM 3 -- Un F-IMMMUM 3 -- Un .. al 7 ............. : ame - �� VIE a! - T'.T.�A ------------ I F.X v 7. T. I � I a .4 ------ -111 A- MWMIMMVP.M. -T I F.X v 7. T. I � I a .4 ------ 19 1171111N." IKFT=rjcm WON AM .. .. _ wa 1171111N." IKFT=rjcm WON .. ull OWN e Me ..PM .. _2ww. OWN e Me .. _2ww. MEN 21 On - .. .. On - RM �ctionp 11.4 - Substance Abuse and Drug -Free Workplace Polio dooted JuIv1, 20201 !1 ureoso sle of Wight County is committed to maintaining a safe, healthy and productiv rk environment that is free from the effects of alcohol and drugs and to biding by all State and Federal laws governing alcohol and controlled substanc ?sting. This policy will provide guidelines for the detection and deterrence o Icohol and drug abuse in the workplace and is intended to comply with the Drug ree Workplace Act of 1988 and the Omnibus Transportation Employee Act of 991 and the regulations promulgated bv the U.S. Departmentof Transportation rider that Act --.. .� mployees with a substance abuse problem are strongly encouraged to seek rofessional help through the County's Employee Assistance Program (EAP) which rovides professional help without initial cost. Lrp l y2es with a substance abus 22 HFMM P.M IN �ctionp 11.4 - Substance Abuse and Drug -Free Workplace Polio dooted JuIv1, 20201 !1 ureoso sle of Wight County is committed to maintaining a safe, healthy and productiv rk environment that is free from the effects of alcohol and drugs and to biding by all State and Federal laws governing alcohol and controlled substanc ?sting. This policy will provide guidelines for the detection and deterrence o Icohol and drug abuse in the workplace and is intended to comply with the Drug ree Workplace Act of 1988 and the Omnibus Transportation Employee Act of 991 and the regulations promulgated bv the U.S. Departmentof Transportation rider that Act --.. .� mployees with a substance abuse problem are strongly encouraged to seek rofessional help through the County's Employee Assistance Program (EAP) which rovides professional help without initial cost. Lrp l y2es with a substance abus 22 Fy oblem are encouraged to self -refer to the EAP to helpthemselvesbefore their'pyme lont is JEed � � ,...�..�.� ,6. i s a condition^ of employ m �onnted to the drug and efinition se ent, every employee of the County is deemed to whavo alcohol testinthat is required under thiso cohol - the intoxicating agent in beverage alcohol, ethyl alcoholor other low molecular -weight alcoholincludingmethyl and iso ro VI alcohol Alcohol use - Consumption of an,rLbeverage,pmixture or preparation, includir an M,2dication containing alcoholli ;Controlled substances - a drug or chemical regulated under the Drug Control Acf f Virginia and identified in Schedules I through IV which is set out at 54.1-3400 of the Code of Virginia, 1950,�as. amended and/or thefederalControlled Substances ct of 1970 as amended (legaldrygs Marijuana, cocaine, amphetamines, hencxclidine 2CPL, ndg DOT Testing - Applies to all applicants and employees subjecttoDepartment of �ransportation (DOT) testing procedures selected for or working in position requiring a Commercial Driver's License (CDL) and operating a Commercial Motor Vehicle defined as a vehicle with a gross vehicle weight rating or gross ombination weight rating of 26,001 or more lbs., or with the capacity to carry 16, r more passengers (including the driver), or of any size that is used to transport azardous materials which require the vehicle to be olacardedli", —u� � on -DOT Testing - Testing conducted- under the guidance of the Department of ealth and Human Services and the County. Includes all positions which do nol equire a Commercial Driver's License (CDL and are not subject to Department o Trans�ortation(DOT) testing proced-ures� Medical Review Officer (MRO) —Licensed physician who is responsible foil! receiving and reviewing laboratory results and evaluating medical�exolanation5 for certain drug test -results Putside Medical Attention - Treatment at a doctor's office, e -mergence room or � ther medical facilitvl'���� erforming (a Safety -Sensitive Function) – With respect to CLD holder 3 older is considered to be performing a safety -sensitive function during any eriod in which he or she is actually performing, ready toperformor immediated vailable to pe„rform an sy afet�r- nsitive function, afety Sensitive Function %– With respect to CDL holders –' All *time from the time a river begins work or is required to be in readiness to work until the time relieve rom work and from all responsibility for_performing work. Spafet0y _ sitiv unctions include, but are not limited to) 23 All time inspecting,servicing or conditionin g an commercial motor' vehicle' m-All-time speIt at the driving controls of -a commercial motor vehicle in peration o„a lt z a ,.. _ w �. , - All time repairing, -obtaining .. assistance, or remaining in attendance upon a disabled vehicle� a......www disabled l edwn,,,..-.a., 4 ubstance Abuse Professional (SAP) - a person –who ohas the credentials, nowledge and training as required by the DOT drug testing program to evaluate employees who have violated a DOT drug & alcohol regulation and who makeg' fecommendationsconcernin education, treatment follow up testing anc fte rca reg .�� efusal to Consent – Any of the Followi.M* Refusal to sign a consent form L Refusal to submit to a controlled substance or alcohol test Failure to cook grate fully with_the administration of Ates Any behavior which makes testing more difficult, or prevents la__.,p ministration or completion of the test or in any manner alters or tempts to alter the test result including but not limited to diluted mleu(re ardless, of whether a consent form was si M � µ nder�theWinfluence of Drugs or Controlled Substance – Having ani detectabld race of an illegal drug or controlled substance in the blood or urine, Anderthe influence of Alcohol :—v Haini analcohol concentration of .0 —or more folic A.Covered Substances 1. Alcohol of�any kind Controlled substances and/or illegal drugs, which include all forms o Iriarcotics, hallucinogens, depressants, stimulants and other druzs whose' ' se, �possession, or transfer are restricted or prohibited by lawi The County will specifically test for the presence of amphetamines] Fannabinoids (marijuana/THC), cocaine, (codeine, morphines an* heroin , Phencyclidine PCP and analogues LMDAa�..a E. Prohbitions Tont.Thefollowingactivitiesare prohibited whilean meployee, volunteer or ract worker is in the workplace, on duty, or otherwise engaged irl nty business. Any violation of this policy will result in disci linarN( 24 ction up to and including termination, in accordance with Chapters 1. rticle 7 of the Count lic manual: — - -- po The manufacture, possession, use, ispensation, receipt, or tram ubstance, illegal drug or_alcohol olicC � �w sale, unauthorized distribution Sortation of any controlled at levels described within this bWBeing under the influence of alcohol, illegal drugs, or substances in any manner during business hours, whether consumed outside ,of working hours. (Consumption of alcohol within 4 hours�o erforminwork duties of a safety -sensitive positiong� �M n. Performing duties while Funder the influence of alcohol o controlled and/or illegal substances or drugs regardlessp 0 ti hether the employee is on or off Coujty pro est :µ L. Jhe presence in the body of controlled substances not prescribed o the employee or of prescribed drugs or substances not disclosed to supervisors which might possibly affect ari employee's effective performance of duties or o eration of ;Countye�uioment? Consumption of or being under the influence ofalcoholor controlled ubstances ordrus while assigned toMstandbyor`onucal1'w status rohibited� ... ``+BThe prohibition of the consumption or possession of alcohol shall not bd applicable to employees, volunteers or contract workers in attendance pf social events associated with County business. At no time shall an bmployee, volunteer or contract worker operate a Counter motor vehicle fter consuming � .� While using medically prescribed medications and drugs is not per se solation of this policy, employees must notify their supervisors, before eginning work, when taking medications or drugs which might interfere ith the safe and effective performance of duties or operation of County equipment. In the event there is a question regarding an p-mployees ability to safely and effectively perform assigned duties while Et sing such medications or drugs, the employee will not be allowed to perate in any position until the prescribing physician has reviewed the job duties and certifies to the Countyin that the employee is able to„perform in that position;�w .�. � 8esponsibilities u�ervisor Responsibil,it� epartment Heads and Supervisors at all levels are responsible for identifying anc ocumenting instances of unacceptable work performance, patterns of nadequate or d,eteriorating work performance and abnormal behavior suggesting 25 that an employee may have a drug or alcohol problem. DepartmentHeadsand Supervisors shall_ . Observe and monitor their employees' behavior for signs or symptoms 0> drug or alcohol use and shall promptly document and..., report such P. bservations to the appropriate Department Head Discuss any case of suspected violation of this policy with the Director of uman Resources, or his/her designee assoonas practicable) 3 Promptly report any suspected violationofthis policy torthe µDirector of Human Resources or his/her desinee .Not allow an employee to perform safety -sensitive duties, operate County, vehicle or equipment or perform work, if the supervisor has knowledge or treasonable suspicion" that an employee is using, under theinfluenceof, or aspossession of alcohol or illegal drufs � .Protect confidentiality by not sharing test results with,inappropriato �taff/persons� 6. Not warn an employee that he/she has been selected for random testing ,:. . prior to the official notification to report for testing; and IAttend all requt d_substance abuse supervisory trainingjprograms repartment Heads and/orpSupervisors who fail to take appropriate action o etect and/or properly deal with substance abuse by employees under their V supervision will themselves be subject to disciplinary action, up to and including �mplo�ee Responsibility fmployee�shall 1. Adhere to theuidelines established in -this policy �. tlSubmit immediatelywto requests—for-'alcohol and or drut_testin� when Lec uestedN_.bv a responsible Count representative ' Not have*unsatisfactory levels of ahcohol"or controlled substances in his or er bpAy while on duty or assi ned to "stand b " or on call status; F. Be responsible for -being aware of any effect prescribed drugs may have oil he performance of their duties and to report the use of such ,substances,tc heir supervisor upc nareceivingMtheprescri tior SNotify his/her supervisor, before beginning work, when taking an dedications or drugs, prescription or non -prescriptions, which may, cinterfere with the safe and effective performance of duties or operation of ounty,c�ui epmentmand - .,. 6. Notify their Department Head or Supervisor of any criminal drug or alcohol statute conviction within 24 hours of notification of the conviction, or no', ater than the start of the nextbusiness day., w 26 supervisor Traininji he County shall make available a programoftraining to assist supervisor k ersonnel in identifying drug and alcohol use among employees. Such training will e directed towards helping supervisors recognize the conduct and behavior that ives rise tora reasonable suspicion�of-druand alcohol use; roc K4.-Alcoholyand Controlled Substance Testing IThe County ymay perform alcohol -and controlled substance testing in� thO J�aljowirig situations Pre employment Testing . All applicants, both internal and external, who are *required to ,possess a Commercial Driver's License (CDL) will be required to submit to a drug/alcohol ,test as a condition oftheoffer of emplament9 b. -Refusal to Consent - An applicant who refuses to consent to they est within 24 -hours, will be denied employment with the County 4ny refusal or failure to cooperate fully with the administration of test, any behavior which makes testing more difficult, oll revents administration or completion of the test or in any anner alters or attempts to alter the test result, including bu Pot limited to a diluted sample, will be treated as a refusal to Consent, regardless -of whether�a consent form is signed 'Confirmed Positive Test Result — Should an applicant test positive for alcohol, illegal drug (s) or controlled substances, his/her, application for employment, transfer or promotion with th a� ICounty shall not be processed further. External applicants shall be denied emp1oyment1 Internal County applicants shall be terminated Applicants will be informed in writing if they are rejecte used on a confirmed positive drug and/or alcohol test) esult and will be given a list of SAP's and other resource hat can provide» assistance to individuals with substance _ abuse problems' Please reference the Drug & Alcohol Clearinghouse Query section this poli�or ruiredre-eml moment checks.W --� Random Testing 141 employees ofW the County whose position requires them tobeCDI� olders covered ,!Ltthe.Omnibus Transportation nEmployee Testing Act of` 27 1991 are required to participate in unannounced random drualcohol testing]_ - The ®random selection procedure will «be a computer-generated, )rocess that is scientifically valid. The Contract Substance Testing rogram will generate a list of employees to be randomly tested ith at least 50% tested in a twelve (12) month period for drugs POnthd ly 10% tested for alcohol. The list will be forwarded on basis to the Department of Human Resourcesf���.—I _ F An employee may be randomly selected more than once or not _..elected at all during a twelve-month period; The employee's supervisor shall arrange for the employee to roceed to the test site immediately upon notification that the mployee has been selected for random testing. Any employe ho is subject to random testing must report to the testing sit mmediately upon notification. A supervisor will accompany the mployee to the collection site, when appropriate. Failure tc T eport promptly, as directed, will result in termination of mplovm .Post -Accident Testin Non -Vehicular _ _ __ _ __ An employee shall submit to nesting for alcohol and controlled ubstances immediately following any non -vehicular on-the-job ccident when there is reasonable suspicion as outlined in th ext section that the employee is under the 4influence of alcohol pr a controlled substance; Traffic Accident Any employee employee operating a County motor vehicle which is'involvec 'n any accident shall immediately submit to testing for alcohol and ontrolled substances when there is a reasonable suspicion, as utlined in the next section that the employee is under the -influence of alcohol or a controlled substance: _ E. --When an employee holding a CDL is involved in an accident on a �ublic or private road or on other property while operating a ehicle requiring a CDL, and the accident results in loss of human ife or the employee receives a citation for a moving traffic violation arising from the accident, the employee shall be tested for alcohol and controlled substances as soon as practicable, if they mployee is medically able to be tested: For the purposes of the testing required by this paragraph; "accident" is defined as a motor vehicle accident which results in fatality, or one or more vehicles incurring disabling damage, # eing transported away from the scene by a tow truck or other I otor vehicle, or the need for immediate medical treatment away rom the scene for anyone involved in the accident��PUMw �. No driver involved in an accident shall use alcohol for eight hour ollowing the accident or until a post -accident alcohol Atest Mis administered, whichever occurs,first� ►14691 . `Failure of the employee to remain ready for testing, except tg btain necessary medical care or to provide needed assistance a$ result of the accident, will be deemed as an intentional refusal o submit to testing and will be cause for termination; u No employee will be permitted to perform any safety -sen siti e unctions until such time as the test results are known,; F Reasonable Suspicion, "Reasonable suspicion" means an articulable belief based on specifiq b facts, and reasonable inferences drawn from those facts, that art employee is under the influence of drugs or alcohol. Circumstance which may constitute a basis for reasonable suspicion mar include, but arenotlimited to!dm � An on-the-job or off -the -job serious accident, involving County property where the cause is unknown and the supervisor has teason to question the ph sicalpand/or emotional condition of fhe involved employee(s 6-,,,u„A pattern of abnormal or erratic behavior such as unexplained ood swings; paranoia,® hallucinations hyperactivity epression, withdrawal-----­-­ Information ithdrawal;_ _ rt . • Information of alcohol and/or drug�use provided by a�reliable; red ible source, y� Statements made by the employee +o Actual observation of drug and/or alcohol use I• Possession of drugs or drug paraphernalia _ LPresence of physical symptoms of drug and/or alcohol usd �uch as glassy or bloodshot eyes, alcohol odor on breath o �ody, slurred speech, poor coordination and/or reflexes' eeclle marks or scars on arms suspected to be drug related' nset of unusual perspiration or shakes, unusual drowsiness or 4 v..a �unsa..man+,.—auvw.amua.asnuu ..asKi..wr.rio.-a..+wvr a...�au _ luggishness; and/or •� Violent or unexpected response to daily roblemys All employees are subject to controlled substance and alcohol �esti.ng when reasonable suspicion exits that the employree� 4 ender the influence of controlled substance or alcohol "I Managers and supervisors should consult with the Department of uman Resources if they believe that reasonable suspicion exist hat an employee is under the influence of controlled substance9 r alcohol. Testing must be authorized by and coordinated wit he Director of Human Resources, or his/her designeeM d �. If reasonable suspicion is determined to exist, the employee may erequired to submit to an alcohol or drug screen, which may nclude providing breath and/or urine sample at a laboratory, Ifacility designated by the County. The employee's supervisor wil( 'accompany the employee to the laboratory testing facility. Ncl $County employee suspected of being impaired will be allowed to drive or operate Counter euioment. Law enforcement maga b� 29 tilled if assistance is needed in escorting the emloee off the remises and/or to the employee's residence; �_ _ -Any employee that refuses to consent to a drug and/or alcohoi `est when requested�by a designated County ,rep,resentative will e terminated� � P„ Return to Dutrr Testino hen an employee is returning to duty for any position covered by the, mnibus Transportation Employee Testing Act of 1991, after being ori ave of absent from the job for at least thirty calendar days, or after' bsence following positive results testing is required before�retunFin t covered function: Assistance _ Employees who have a substance rofessional assistance and are at abuse problem are encouraged to seep liberty to do so through the County'9 � mployee Assistance Program (EAP) or a provider of their choice. Any mployee whose substance abuse problem or impairment poses risk of harrq r damage to himself/herself, fellow employees, the public, or County o private property is obligated to notify his/her supervisor immediately. When �n employee makes a voluntary admission of drug or alcohol abuse to d upervisor, the supervisor shall ,notif�r the Departmentd * Hea„and Human resources immediately,� �� fl£y 1._If an employee independently admits to a drug or alcohol problem prior ra being notified of being selected for drug or alcohol testing, and there ve been no related misconduct or job performance problems the ,employee will be referred to a Substance Abuse Professional (SAP).." V. Depending on their position, employees in "safety sensitive" position ay be relieved from duty until certified by a SAP that they are fit to eturn to duty. Based on the recommendation of the SAP, the employe Vinay be subject to both drug and alcohol follow-up testing. ThE) employee must take at least six follow-up drug tests during the first twelve months. After that period, the SAP will determine whether the employee should be tested for an additional forty-eight (48) months and �f so, how many tests and how frequent the test should be administered Ony and all services being provided b ria SAP are to be paid for by the b -Notwithstanding any recommendations made by the SAP, any emplove ho tests positive on a drug Les, t remains subject to random dru testin ' s provided for in this policy 4. Employees who admit to a drug or alcohol problem after -being notified f being selected for drug or alcohol testing will be disciplined fori ositive tests in accordance with this policy whether or not they have received or are receiving voluntary assistance for alcohol or drug problems through the EAP. Additionally, voluntary involvement in EAR shall not be considered a mitigating factor when determining lisciplinary action to be taken for a violation of this policy � 30 .,. PrescriptionnDDru Employees are responsible for being aware of any effect prescri' e9 R rugs may have on the performance of their duties and to report thd. se of such substances to their a!Eervisorupon receiv_ ng W the rescription���� If employees are taking prescription drugs that could possibly have an Affect on their performance of duties, the employee will not be allowed to operate in any position until the prescribing physician has reviewed the job duties and certifies to the County in writing that the employee i5 able to perform in that position Testing -Procedures and Disci ugµand alcohol testing of employees and applicants shall be conducted at 411 dr �! facility chosen by the County that is certified and monitored by Substancd buse, Mental Health Services Administration (SAMHSA), approved by and id I ccordance with standards established by the US Department of Health and iuman Services for workplace drug testing. Employees are required to complV, vith the "Chain of Custody" procedures of the testing facility and must roduce a photo ID for identification purposes Alcohol Testin Alcohol testing will be done in , accordance with DOTTtestin� regulations 49 CSR Part 40. Testing will be conducted by a Breath : Icohol Technician (BAT) using an Evidential Breath Testing Devicd EBT), which will record an employee's blood alcohol oncentration (BAC). During the testing process technicians will follow all DOT_ approved duality assurance protocols for machine .When an employee is found to be at work under the influence of Icohol, the employee will be immediately relieved of duty and required to use paid or unpaid leave in accordance with County policy for the remainder of the 4If the initial test results show a reading of 0.02 BAC or greater, a confirmation test shall be conducted. _Only the confirmation tesi k Will be used for reporting purposesf� _ Whenever an employee receives a reading of 0.02 but less tharl' .39 on a breath test they will not be allowed to return to wA or at least twenty-four (24) hours or until the next scheduled orkday. The employee shall return to work at that time unless directed otherwise by the County. Upon the employee's return tci ork, the employee will be re -tested. Notwithstanding the above ect todisciplinarr action in accordance with r�ce employee is supj, County policy-a Whenever an employee receives a reading of 0.04 or greater, or is- found sfound to have been using alcohol within 4 hours of performing a[ Jafqy.Aensitive function, the employee will; 31 ). Be removed Mfrom his/her safety sensitive duties and be placed on unpaid leave status Be subject to disciplinary Raction in accordance ._ With County policyl�� Iii.�Be informed about education yand � treat en ...�i.��. -.programs'� � ..4 _�..,.�. � — -- EBefore returning to safety sensitive functions, be valuated by a SAP to determine whether the' mployee has an alcohol problem and if so, the AP will then determine the appropriate course of reatment. The employee must follow the cours pf treatment prescribed by the SAP befor returning to work. Any and all services beim provided by� a SAP are . to be laid for byth Return to Duty and Follow-ups__ if this is a first-time violation of being under the influence ofalcohol 0.04 or greater) or using alcohol within four hours of performing safety ensitive functions, the following requirements must be satisfied befor he employee can return to performing safety sensitive functions, the employee must be evaluated by_ a Substance Abuse professional (SAP), and47-I_ F _the SAP must determine that -the employee has properly followed _)iny prescribed rehabilitation program, and the employee has passed a return to duty alcohol test with a �-eadingof less than .02� � � �- During the time required to satisfy these requirements, the employed hall be placed on leave in accordance with applicable leave and ompensation policies. However, at the department's option, and witI4 5 the concurrence of the SAP, and the approval of the Director of Humarl Pesources, the employee may be temporarily placed during this time in another assignment which does not involve the performance of safety ensitive functions, provided such assignment is available. The employed s subject to a corresponding salary reduction while on the temporary ssie i nment Upon Yreturn to regular duty, the employee shall be subject to follow-up, controlled substances and alcohol tests for up to 60 months. The SAP is he sole determiner of the number and frequency of unannounced ollow-up tests and whether the tests are for drugs, alcohol, or both) nless otherwise directed by the appropriate DOT agency regulation owever, the SAP must direct that the employee be subject to a minimum of six (6) unannounced follow-up tests in the first 12 months ollowing the employee's return to dutr.b� second violation of being under the influence of alcohol at any time or °any future incident of aany alcohol violation shall result in dismissal 32 A Shy Breat If an individuah+cannot provide enough breath_foranadequate' pample, the BAT will direct the individual to try again , ____ T� aIf the employee is still unable to provide an adequate breath ample, the employee will be referred by the County within wenty-four (24) hours to a physician of the County's choosing for! medical evaluation to determine whether there was a medical problem that could have precluded the individual from providing hn adequate breath sample. While waiting for the results of the' medical evaluation, the employee will be removed from duty and laced on unpaid leave status. If the physician determines that here was a medical condition that could have precluded the ndividual from providing an adequate breath sample for testing! he employee may request permission to use sick and/or annus( eave in accordance with County policies and procedures. The mployee's failure to provide a breath sample shall not bo' eemed a refusal to take a test. The physician will also provide he County with a written statement outlining the basis for the ;medical conclusion, and if recommended by the ph rsiician; tlbnother breath test will be conducted;A ���� FIf the physician is unable to make a determination that a medical condition precluded the employee from providing an adequat(4 reath sample, the employee's failure to provide an adequate mount of breath will be regarded as a refusal to take a test and he employee will be dismissed � 4„� Dru�Testin Drug testing will be done in accordance with DOT testin egulations 49 CFR Part 40. The County will contract with edical review officer (MRO) who will be�responsible—for nalyzinand reporting results of drub testing 'Drug tests will be performed by urinalysis. For a *non -DOT test, quick test screen may be run by the collector. If the result i� egative, testing is complete. If the result is inconclusive, the rine specimen will be divided, packaged and sent to the LalJ, following DOT procedures. Each urine specimen is subdivided into wo bottles labeled as a "primary” and a "split" specimen. Botl) ottles are sent to the laboratory. Only the primary specimen isi pened and used for the urinalysis. The split_sRecimen ,,bottle emains sealed and is stored at the laboratal c. The employee is encouraged to watch the entire process td nsure conformity with procedures and to ensure the specimen as not mishandled before signing off on the Chain of Custody r (CCF): 15 Te�mperatur 4191 .'The temperature of the sample will be checked immediately and, aust fall within prescribed limits in order to be considered cceptable. The acceptable temperature range is 32-38° C or 904. 00° F. If the temperature is outside the acceptable range, the mployee/applicant will be asked to produce another sample rider direct observation by a_collector ofg the same sex ender asl ��., ,..s�ynsuurn reg wrwciuxn.w.r irected bar DOTi Sh,y Bladde :� r � .W For employee collections, if the employee is unable to provide at }east 30 milliliters of urine for the primary sample and 14 illiliters of urine for the split specimen, the collection site person ill instruct the employee to drink not more than 40 ounces o luids and, after a period of up to three hours, the employee will gain attempt to providew a com�?letesample . using a fresl Collection container:, .._ _. If the employee is still unable to provide an adequate specimens he insufficient specimen shall be discarded, testing discontinued re d the laboratory will notify the CountyHuman Resourceg partment wwr.ww.__ �_ The employee being_teste.-d-sliall_then be referred by the 'Cou_nty o a physician of the County's choosing for a medical evaluation td 9 etermine whether the employee's inability to provide a 6pecimen is caused by a medical condition that could preclude the individual from providing an adequate urine specimen. The physician's report will be submitted totheMRO for review and inal determination;—_—__ _ . The employee being tested will be removed from duty and placed n unpaid leave status while being evaluated by the hysician/MRO. If the Physician/MRO determines that they mployee has a medical condition that makes it impossible for t mployee to provide an adequate urine sample, then the a mployee may request and be granted permission to use sick eave and/or annual leave in accordance with County policies and rocedures, and the employee's failure to provide a urine sample hall not be deemed a refusal to take a test. The Physician/MRC! ill also provide the County with a written statement outlining he basis for the conclusion, and if recommended by the hysician/MRO, another urine test can be conducted. If the mployee does not have a medical condition that prevents th il mployee from providing an adequate urine sample, this will L onstitute a refusal to test and the employee will be dismissed« ,"In pre-employment testing when the applicant does not provide bn adequate urine specimen, the applicant will not be�referred to Physician/MRO and the applicant will not be hired 7KDilute Specimen 9M A urine specimen isconsidered dilute when the creatinine oncentration is greater than or equal to 2 mg/dL but less than or �qual to 20 mg/d L. If the creatinine concentration is greater than pr equal to 2 mg/dL but less than or equal to 5 mg/d L, the MRC, �ill report the result as Negative -Dilute and the employee must undergo a second urine collection under direct observation. If the /IRO informs the County that a negative drug test was dilute, the, County may, but is not required to, direct the employee to take Onother test immediately. Such recollections must not b® i ollected under direct observation, unless there is another basi4 for use of direct observation. All employees are to be treated the ame for this purpose. For example, the County must not retest �ome employees and not others. Employees shall be notified in Odvance of the County's retesting decisions on these matters. Ii �n employee is directed to take another test, the County shall nsure the employee is given the minimum possible advance otice that he or she must go to the collection site. If th mployee is directed by the County to take another test, the esult of the second test, not that of the original test, becomes he test of record, on which you rely for purposes of this part. If he County requires the employee to take another test, and the econd test is also negative and dilute, the County is not ermitted to make the employee take a third test because th econd test was dilute. However, if the employee declines to take I e required second test, the employee is considered to have e efusal to test. If the MRO reports the result of a positive drug tesf s dilute, the test is treated as a verified positive test. The County x hall not direct the employee to gtake another test based on the !.that the specimen _was rdilute Neative,Resultj alf the results of the initial test are negative, the testing laboratory will advise the MRO that the drug test for the employee wag �egative. No additional tests on the specimen will be done. The County will be notified by the MRO of any non -negative initis[ esults being sent to the laboratory for confirmation. Non eg ative results are defined as results that need further€ confirmation by further analysis due to initial inconclusive results f the employee's position falls under DOT Testing regulations, the ounty may not place the employee on paid administrative leave, ntil the results are confirmed by the MRO. If the employee's osition falls under Non -DOT Testing regulations, the County ma lace the employee on paid administrative leave until the results re confirmed by the MRO I - Positive Result . The MRO will notify the employee if the analysis of the primary ppecimen� tests yositive� for the, 4presence of illegal and/or 35 bontrolled substances. The employee has 72 hours to request that ''the split specimen be sent to another DHHS certified laboratory q_ wwcF.miwnn xw_wx wa.w. a �4 __+t�rxcww� for analysis at the employee's cosh If the analysis of the split specimen does not confirm the presence pf drug(s) or drug metabolite(s) found in the primary specimen, or, if the split specimen is unavailable, inadequate for testing or un- estable, the employee shall be deemed not to have been tested positive for drugs irrespective of the outcome of the original test l'. employee shall pay the cost of testing split specimen. Th e ounty will reimburse the employee for the cost if the analysis of he split specimen does not confirm the presence of drugs) irrespective of the outcome of the original test _ E An employee with a confirmed positive drug test result will be' dismissed. The employee will also be given a list of SAP's and 6Other resources that can provide assistance to individuals with ubstance abuser�,roblems �m �..y.w..�,�.w.w.. E-07 ailure-to Submit to Testin MIMY11uMFPlmrn a.ww,a n�T.+�.....a�......�..•�.a.—.e..ad..n�,a w.wa�uw•exwm.». .rae ...: .�m...w...i. sr.w..�wxa Em to ees shall not refuse to submit topre-employment,ost1 p Y _, ccident�,reasonable suseicion, random or follow-up xtestingi FeJu_sal t6 -ie'- sit is defined as1 Refusal to follow alcohol and drug testing procedures% alcohol testing, failure to provide an adequate_amount o Preath without a medical reason _ H. In drug testing, failure to provide sufficient urine without a _medical reason__ _ Not cooperating with the testing process in �a manner that prevents the completion of the test; . All cases listed above are causes for dismissal 1.Confidentiali�of Test.E sult The Human Resources and Risk Management (for post -accident I d worker's compensation -related testing only) Departments will aintain and control access to all test results and other records: 411 information from an employee's or applicant's drug and Icohol test is confidential and only those with a need to know are to be informed of test results. Disclosure of test results to any, ether person, agency, or organization is prohibited unless written authorization is obtainedfromthe empl vee or applicant u .However, disclosures, without an employee's or applicant's onsent, may also occur when: (1) the information is compelled y law or by judicial or administrative process; (2) the information as been placed at issue in a formal dispute between thq mployer and employee or applicant; or (3) the information is tc e used inadministerin ag n employee benefit planm� Drugand Alcohol Clearinghouse Queries andConsen 36 The County is required to conduct queries of the Federal Motor Carrier Safety �dministration's (FMCSA) Commercial Driver's License Drug and Alcohol learinghouse to check if current and prospective employees who are selected, or or working in positions requiring a Commercial Driver's License (CDL) anq perating a Commercial Motor, are prohibited from performing safety ensitive functions due to an unresolved drug or alcohol program violation Pre -Employment Human Resources shall conduct a Full Query through the FMCSA rug and Alcohol Clearinghouse (Clearinghouse) to obtain available information on the applicant's drug and alcohol violations prior to the applicant being employed by the'CountV W _ pperate a commercial motor vehicle requiring a CDL,a _ Consent for a Full Queryis obtained electronically__sby ... tho H_ learinghouse yu � . . �CA refusal of an applicant to execute an appropriate release and �onsent form to query the Clearinghouse equates to a refusal tc! gubmit to testing shall be cause for withdrawal of offer od �I i s m i s s a l � � �._ �.,.� ,..ri. . , ......�,.v 0. If consent is�refu es d3 �. The Clearinghouse will notify the County jp The query will not be conducte4 The prospective employee shall! not perform/shallP4Abc removed from safety sensitive functions m F --query returns a violation and there is no negative Return t� uty test result recorded in the Clearinghouse, the prospectivq mployee shall noLperform/shall be removed from safety sensitive functions � ­­ � �� � ����� m- -.­.­Y Z-WCurrently Employed Queried_ Human Resources shall cond_uct an annual Limited Query of�the MCSA Drug and Alcohol Clearinghouse (Clearinghouse) for ea c. river currently employed by theou Cnty_ to_operate a commercia motor vehicle requiring a CDL),. Human Resources must obtain a signed Limited consent form rom the employee prior to conducting the Limited Query of the learinghouse. Consent 4forms�shall �be Yemaintained y in Ythe employee's personnel file; _ _r . A refusal of an employee to execute an appropriate release and onsent form to query the Clearinghouse equates to a refusal to ubmit to testing and shall bea cause for termination mployment',w, ,,.. .�.. � �,..� �.��..� ..�..��.� ., I.� If consent is refused �• The query shall not be conducted _ The employee shall ed be remov�»froam safety sensitive _functions a... ..�.. When a Limited Query returns a record founds _ _w �• The Clearinghouse will notify the County and will conduct of r ev Aw.s �jull rr rot Quao determine violation or Return to Dust r detail' 37 If the Full Query is not conducted within �24 hours, the _- mployee shall be removed form safety sensitive function _ Consent for a Full Queris obtained electronically _ y_the Iearinghousel A refusal of an employee to execute an appropriate release and onsent form to query the Clearinghouse equates to a refusal tq ubmit to testing and shall be caused for termination of � .�.®.�.. �r � � �,. Eo If consent for the Full Query is refusedi °�• The Clearinghouse will notify the Count The query will not be conducted _ m® t_ The employee shall be from safety sensitiv- .. lunction4 o� � �.�,.�.4. m �If the query returns a violation and there is no negative Return t` uty test result recorded in the Clearinghouse, the employee shall of perform/shall be removed from safety sensitive functions' _ T If the query returns a violation and there is record of a ne ativO Peturn to Dutytest result, no action is reuirec Disciplinary Action for Violation of The County reserves the right to determine the appropriate level of discipline ;or violations of thiswill take the following action in the situations Described belowf ­ _ Any employee who commits or is convicted of a drug or alcohol related elony shall be terminated, whether the offense took place while the mployee was on County premises of conducting County business •� Any employee who commits or is convicted of a drug or alcohol related isdemeanor shall be terminated if the offense took place while the mployee was on County premises or conducting County business, or if the offense is reasonably related to the em to ee's fitness to erfor he emplo�rees job res onsibilitiesi­ . Grievance1 `1. If an employee's positive test result has been confirmed and disciplinary �ction is taken, the employee may grieve or complain of such action, likd pother disciplinary actions, in accordance with the County's established rievance olicy �� � n� eii The Countyreserves the right to search, without employee consent, all teas and property over which the County maintains joint control with n employee, or full control. Such areas and property include, but are of limited to desks, closets, bookcases, lockers, file cabinets, and/orl County vehicles, and the allowance of employee security measure against third parties shall not divest the County of its authority to search. A department head or his/her designee must consult with the irector of Human Resources or his/her designee before anv search is ndertaken —Criminal Convictions: Notification It shall be the responsibility of every employee to notify the employee's epartment Head, in writing, of any criminal drug or alcohol statuo onviction within 24 hours of notification of the conviction, or no late han the start of the next business day. Any failure of an employee tcl rovide this notification �shallY be separate grounds for disciplinary L-Any Department Head or supervisor who receives notification of a� criminal drug or alcohol statute conviction, in addition to other dministrative actions directed by this policy, shall immediately report he same to the Director of Human Resources. The Department Head, irk onjunction with the Director of Human Resources, shall determine hether the employee involved was directly engaged in the erformance of work pursuant to the provisions of a Federal grant and hether the conviction was for a violation occurring in the workplace. Irl uch event, the Department Head shall promptly notify the Federal gency administering the grant of the conviction, within 10 days�o fiaving-received notice from the employeeJ Employees terminated for violation of this policy may not reapply or bei considered for anv County position unless cleared for dutyybv a certified m Severability The provisions of*this 4Policy are severable and if any of its provisions is eld unconstitutional or otherwise invalid by any court of competent urisdiction, the decision of such court shall ,not affect or impair anof ro �he remaininvisions- Section 11.5 - Non -Discrimination and Anti -Harassment Policy (Revised April 7, 2005, May 21, 2015, duly 1, 2020) Non -Discrimination and Anti -Harassment Policy Isle of Wight County is committed to providing a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, Isle of Wight County expects that all relationships among persons in the workplace will be business -like and free of bias, prejudice, and harassment. This policy applies to all persons working for and with Isle of Wight County, regardless of employment status. Equal Employment Opportunity It is the policy of Isle of Wight County to be an equal opportunity employer, to maintain a diverse workforce, and to create and maintain a working environment 39 free from discrimination and harassment. Any form of unlawful discrimination, including harassment based on race, color, national origin, religion, _sex gggincluding ptiwxAx iwYV.'—'muvmwmuurmemavuare»wwro9M ourro wnwmmaerc vr+ xx ros -m ar �r m .nemxrew pregnancy, as well as childbirth and related medical _conditions, including 6ctation, sexual orientation, and gender idage, disability, marital status, veteran status, genetic information, sexual eFientati9R, or other non -job related characteristic protected by applicable law is strictly prohibited. Any employee found to have engaged in illegal discrimination or harassment in the course of his/her employment will be subject to appropriate disciplinary action, up to and including termination of employment. Types of Harassment Sexual Harassment - is a form of discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined, consistent with the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example: 1. Accepting or tolerating such conduct is made explicitly or implicitly a term or condition of an individual's employment; or 2 Accepting or rejecting such conduct by an individual is used as a basis for employment decisions affecting an applicant or employee; and/or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual nature. Sex- based harassment, harassment not involving sexual activity or language (i.e., male manager yells only at female employees and not males), may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex. Workplace Harassment — includes any unwelcome verbal/physical conduct or written communication that either denigrates or shows hostility or aversion towards a person on the basis of race, color, national origin, religion, sex Kincluding pregnancy, as well as childbirth and related medical conditionsi �ncludin lactation, sexual orientations and Wender identi 4, age, disability, NeM.vw.x.umm....,�ax9 .,.,.a,„,..a.a....,io .� orientation, .Q.s.w.,xnd .w.�w� ..r .n..ra.,.x� t marital status, veteran status, genetic information, Sexual ^rieRtatieR, or other non -job related characteristic protected by applicable law that: Has the purpose or effect of creating an intimidating, hostile or offensive working environment; or • Has the purpose or effect of unreasonably interfering with an employee's work performance; or • Affects an employee's employment opportunities or compensation. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and the display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). Individuals and Conduct Covered This policy applies to all applicants and employees, and prohibits harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager, or by someone not directly connected to Isle of Wight County (i.e., an outside vendor, consultant, or citizen). Conduct prohibited by this policy is unacceptable in the workplace and in any work- related setting, such as during business trips, business meetings and business- related social events. Retaliation is Prohibited Isle of Wight County expressly prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. However, this policy does not grant license for employees to engage in the unfounded or vindictive accusation of others. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Employee Responsibilities Each employee of the County is responsible for engaging in and promoting workplace behaviors that create and maintain an environment of respect and promote effective teamwork. Employees are also responsible for reporting behaviors that damage the environment. Employees who experience harassment are encouraged to make it clear to the offender, at the time of the occurrence, that such behavior is offensive. Any employee who believes that he or she is being harassed is urged to contact the Director of Human Resources immediately. Management Responsibilities Managers and supervisors have a greater responsibility, not only to model respectful, professional conduct at the workplace, but also to maintain an environment of respect and effective teamwork in their work areas. Managers and supervisors shall: • Ensure his/her employees are aware of the County's Non -Discrimination and Anti- Harassment Policy and emphasize that harassment will not be tolerated and may result in disciplinary action, up to and including termination; and • Create and maintain a workplace that is free from harassment; and • Monitor the work environment for signs that harassment may be occurring; 41 and • Counsel employees on the procedures for reporting and resolving complaints of harassment; and • Refrain from participating in or encouraging actions that could be perceived as harassment. Managers and supervisors who observe or are made aware of harassment or discrimination taking place in the workplace are required to report the harassment to the Director of Human Resources immediately. All allegations of harassment and discrimination will be investigated by the Human Resources Department as expeditiously as possible. Managers and supervisors who allow harassment or discrimination to continue or fail to take appropriate corrective action upon becoming aware of the harassment or discrimination shall be considered a party to the harassment, even though they may not have engaged in the actual behavior, and shall be subject to disciplinary action. Any questions regarding the County's Non -Discrimination and Anti -Harassment Policy that a manager or supervisor is unable to answer should be referred to the Director of Human Resources. Complaint Procedure Isle of Wight County requires the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender's identity or position. Individuals who believe they have experienced conduct that they believe is contrary to this policy or who have concerns about such matters should make their complaints with the Director of Human Resources, or in cases of his/her absence, the Assistant County Administrator, County Administrator, County Attorney, or their supervisor before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of the Director of Human Resources or in cases of his/her absence, one of the other county designated representatives identified above. The Department of Human Resources is responsible for the official investigation of all complaints of discrimination/harassment. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Therefore, while no fixed reporting period has been established, Isle of Wight County strongly urges the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. Isle of Wight County will make every effort to stop alleged harassment before it becomes severe or pervasive, but can only do so with the cooperation of its employees. Employees who experience harassment are encouraged to make it clear to the offender, at the time of the occurrence, that such behavior is offensive. If the situation cannot be resolved by the employee or if the offensive behavior is repeated, the employee may make a complaint. Employees should report incidents of harassment as soon as possible after the incident occurs. Other avenues to filing a complaint include the County's Grievance Procedure to remedy complaints of discrimination in any employment practice based on the employee's race, color, national origin, religion, sex includinrenancjj as wel 42 s childbirth- Vand � related medical conditions, including lactation, sexual brientation, and gender identijyj, age, disability, marital status, veteran status, genetic information, ciQuu;41—oriatatie, or other non -job related characteristic protected by applicable law. The eligible employee should contact the Human Resources Department for the Grievance Procedure. The Investigation Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. Responsive Action Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of the offender, and/or disciplinary action such as warning, reprimand, reassignment, temporary suspension without pay, or termination, as the County believes is appropriate under the circumstances. The unwelcomeness, frequency, severity of the behavior, statutes, and the County's Policy determine whether harassment has occurred. Finally, these policies may not be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work- related social activities or discussions in order to avoid allegations of harassment. The law and the policies of Isle of Wight County prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception tothem. Section 11.7 - Recording Device Policy (Adopted February 2, 2006, , evisea i!ul 1, 2029) Isle of Wight County prohibits employee use of GameFas ,;aFneFa phenes OF ether recording devices in the workplace as a preventative step to secure employee privacy and confidential information. This policy applies to all employees and all visitors while on County premises. The following addresses County expectations as it relates to the use of Ga eamera r.henes recordmEE devices: 1. Authorization may be granted when a specific business purpose will be served by the 43 possession or use of such a device and when its use will not violate employee privacy. In such a case all parties to the meeting or conversation that is to be recorded must have been informed at its outset that it will be monitored, transcribed, intercepted, or recorded, and they have consented in writing to such actions prior to the conversation. 13 Authorization may be revoked at any time for any reason. 3. Employees are also prohibited from arranging for others, including non- employees, to engage in any recording of conversations, phone calls or other activities in the workplace. Employees should regard this policy as an explicit statement that the County does not consent to tape recording of any meetings or discussions without prior authorization as discussed above. Employees with questions about this policy should contact their supervisor or the Human Resources Department. Chapter 4: Fleet ARTICLE I - Vehicle Use (Adopted July 17, 2003, Revised October 16, 2003, October 4, 2007, April 3, 2008, July 1, 2008, _ May 21, 2009, September 17, 2015, duly 1 20201 Section 1.5 - Miscellaneous (Revised September 17, 2015, duly 1, 2020 1. Monitoring Vehicle Use - The County Administrator or Department Head or Agency Heads shall carefully monitor and take necessary action to preclude operations that are contrary to the policies and procedures herein. 2. Citizen Complaints - Complaints regarding the use or operation of County vehicles shall be directed to the Risk Management Coordinator and the Director of Human Resources. The Risk Management Coordinator and the Director of Human Resources shall coordinate with the appropriate Department Head or Agency Head to investigate the complaint and report to the County Administrator the results of the investigation and any corrective action or recommended employee disciplinary action. The Risk Management Coordinator shall maintain any files related to the citizen complaint for the purposes of record retention. 3. Supervisory Responsibilities - Department Heads and Agency Heads shall ensure that before their employees and volunteers are permitted to operate a County vehicle, drivers are properly trained in its use; in M, procedures to be followed should they be involved in an accident with a County vehicle; in the procedures for refueling vehicles with the automated card system; in basic maintenance responsibilities of the operator (checking tires, oil level, lights, etc.) and in preventive maintenance services as defined in Article IV, Fleet Management. In addition, each authorized driver, whether a full time County employee or volunteer worker, will be fully briefed on County and departmental personnel policies pertaining to operator negligence and damage to County property. 4. Emergency Repairs - Should emergency repairs (i.e. flat tire) be necessary while a County vehicle is within the County, the driver shall notify his/her immediate supervisor and/or the Department of General Services to have the required towing and/or repairs performed. For more information, refer to Article IV, Fleet Management, Section 4.3, Maintenance and Care of Vehicles and Equipment, 3. Repairs. 5. Vehicle Security - Security of a County vehicle is the operator's responsibility. Unattended County vehicles will be locked at all times. Operators may be responsible for loss of County property from an unsecured Countyvehicle. 6. Prohibition of Smoking, Eating, Drinking and Wireless Device Use - Smoking and/or the use of tobacco products is not permitted in County vehicles. Additionally, eating, and drinking while operating a County vehicle is prohibited. The use of C wireless devices (including mobile phones) while operating n vehicle is prohibited. Operators shall pull the vehicle off the main traffic lanes or utilize "hands-free" devices in the event the operator needs to use a wireless device. 7. Taxation on Personal Use - Employees authorized to use a County vehicle for personal transportation to and from the employee's residence will be subject to the regulations of the Internal Revenue Service and taxed accordingly. 8. Vehicle Identification - All service vehicles utilized by County departments will be identified with the official logo, departmental designation, and color scheme as designated by the County Administrator. 9. Pool Vehicles - All vehicles that assigned to a Department/Agency for a specific purpose will be considered Pool Vehicles and are available for use by all County Departments/Agencies. Maintenance of Pool Vehicles will be the responsibility of the Department of General Services. For Pool Vehicle check out and protocol, contact the Department of General Services at (757)365-1658. 10. Toll Charges - Toll charges incurred during travel in a County vehicle are the responsibility of the Department/Agency. 11. Loss of Keys - It is the responsibility of the Department/Agency assigned to the vehicle to cover all costs associated with keys being lost, stolen or 45 locked -in a County vehicle. This includes all Pool Vehicles and includes costs such as, duplicate keys, locksmith services, or damage to the vehicle resulting from forced entry by a County employee. Chapter 7: Miscellaneous — Employee Related ARTICLE I - Travel (Adopted February 4, 1999, Revised December 19, 2002, August 7, 2003, October 6, 2005, July 6, 2006, February 13, 2007, April 2, 2009, October 15, 2015, ul� 1, 202 Section 1.0 - Intent/Purpose The travel policy applies to all authorized travel while on County business within the geographical area of the County, as well as outside the jurisdictional area. It is the intent of this policy to assure fair and equitable treatment of all individuals traveling on County business at County expense. It is the purpose of these regulations to provide a reasonable and systematic means by which the cost of travel may be estimated for budget preparation and controlled for purposes of economy. Section 1.1— Applicability Revised July 1, 2020 County employees, he Board Yof Supervisors, Constitutional Officers,_ other ount 14board and appointees of the Board of Supervisors, and all others who are required to adhere to the County's policies tall referred to in this policy a 'employees" I shall be governed by these regulations 'n expenditure of Count unds includes all county funding -sources including grants and donations . T14e Rear—nf Syp r�ic�-piers a inn stitutieRal 04irnc will will usse those Fegula%ioRs as a �crcarvrra�--vrrtic c—crrc-� c � -..z i other SUGh peliGiec in place which - ddFecc travel while Am County business Section 1.2 - Official County Travel 'Revised July 1, 20203 Travel on County business includes trips within or outside the County to conferences, conventions, workshops, seminars, educational and training courses, and other County related business meetings or purposes. mployees are responsible for making their own travel arrangements. It i inherently understood in this policy that an individual traveling on official County Pusiness is expected to exercise the same care in incurring expenses that rudent person would exercise if traveling on personal business and expendin ersonal funds. Excess costs, circuitous routes, delays, or luxury accommodation nd services unnecessary, unjustified, or solely for the convenience or personal reference of the traveler are not acceptable under this standard, and traveler M rq ll be held responsible for unauthorized wcosts mand additional expenses incurre r ersonal preference or convenience'� Fu a Local Travel - County employees, who by the normal nature of their duties, arg equired to travel regularly within the county or district and are individually uthorized by the appropriate department head, are eligible for reimbursement f transportation expense on a monthly basis. Travel Reimbursement Forms must e comtleted andapproved b ry the,Department Head for eimbursement Travel outside the County/District - Approved travel expenses outside the count or county purposes or purposes in the best interest of the county, such a raining, conferences, i4professional meetings, etcay .,. �be reimbursed to th imits of the policy ford �.�... 1. Transportation cost 2. Lodging 3. Meal 4. Registration cost 5., Necessar ry incidental expenses JparkinMg, tolls etc odging - To receive reimbursement for lodging expenses, an itemized hotel bill imust be attached to the reimbursement form. Hotel room rates are allowabld yup to the GSA federal government rate during the dates of travel. The County Administrator must approve roomz rates when they exceed the allowable state L�at� Pegistration Cost - Registration costs should be paid directly by the County. When n employee personally pays a registration fee, a receipt for payment must be platained and is preferable to a canceled check for reimbursement purposes Additional registration costs for recreational and entertainment activities will not �e�aid ybythe Count��ercd ut-of-State Travel -Out-of-state travel begins-when—the employee leaves the tate and remains in effect until the employee returns to the State. Out-of-state ravel requests by emplo ernes and department heads must be approved by the _y, Administrators a T raf averwith Others - When two or more employees are traveling to the samq destination, maximum use shall be made of special group travel discounts ano point use of the transportation including taxi services, County-owned, or privately caned vehicles. Travel with representatives of other ,government unitsi�� encouraged whenever, possible for expense sh.arin 0ng - No reimbursement shall be made for use of a�personal vehicle in ommuting from an individual's home to his/her office their- Costs - ReasonableT parking fees, tolls, taxi-'(Uber, etc.) charges,-an4 xpenses of a similar nature, when appropriate to the travel, are reimbursablel upon submission of ap roa iate documentationof the same' 47 cards should be� used 'for �travel �expenditures by employees who �have �been assigned a card. However, efforts should be made to avoid the use of Pcards fob ;rant or federally funded travel. Exceptions for business reasons or economic oenefit should be reviewed with the Finance Department. Checks for registration and lodging can be arranged with the Finance Department and Cash Advances fo meals are available (Travel Advance Request Form) for staff without Pcards �The�County Administrator shall approve ^or disapprove all other expense reimbursements not clearly defined in the Policy or those which have been, uestionedy Any exceptions not ap roved prior to travel will not be paid � Section 1.3 - Prior Authorization for Certain Travel Revised J�1� 2020 Except in emergency situations expressly approved by the County Administrator or his designee, County depa,-+n;eR+ heads e�ee who travel multiple days, or at least two (2) hours from the County Courthouse Complex must receive prior authorization for such travel and projected expenses (Exhibit yA Travel Request orm , from their respective Department Head. Department Heads are Leq—U recq to � submit such prior authorization request to Finance Office for spending authorization. -Appropriate documentation for all such travel requests must' include conference/meeting agenda, registration information, or other information acceptable to the Department Head, inance Director and/or Count Kdministrator, authorizing such travel. Out ojstate , travel requires Count administrator approval, �ee Exhibit A at the end of -the Polio for the Travel Req'u_est-fora (Travel Authorization Procedures __ __ __ k Travel Request Forms should be submitted to the Department Head for all ou f district travel. Prior to making travel arrangements, Travel Request forms fo t II out of state travel shall be submitted to the Finance Office then forwarded to. khe County Administrator to receive approval for travel. Out of state requests will be returned to the Department Head giving authorization to make travel Upon return, the Travel Voucher, approvedTravelRequest Form,~ anc upporting receipts must be submitted to the Department Head for approval regardless of whether a reimbursement is due to the employee, to document the �penses incurred during travel. After approval by the Department Head,,, oxrms and 6documentation should be forwarded to the Finance Department )E. The Finance Department will determine that the travel form and receipts hav Lue,en properly approved, that they are mathematically�wcorrect, agree tc mitted receipts and are within the limits set by the Pol,ic6 . Trip Cancellation — When an employee cancels anapprovedtrip and the ounty has paid airfare, registration and other related fees or issued a travel dvance, a memo must be sent to the Finance Department explaining the ancellation. Non-refundable expenditures will be reviewed�on a case by case 2asis b the County Administrator:��s y eeExhibit B attheof the Policy for the Travel Voucher Section 1.4 - Reimbursement Revised Jq 1, 2020 Claims for reimbursement of travel expenses must be presented to the Finance Department on the standard voucher adopted by the County and signed by the traveler and the person authorized to approve such expenditures. All such travel vouchers must be presented to the Finance Department within sixty (60) days from the traveler's return date. Any expenses submitted past the sixty (60) day requirement will not be reimbursed. The reimbursement voucher shall list all mileage, private or public transportation;' odging, meals, registration, and other travel expenses requested for. reimbursement. This form must have itemized receipts attached. The reimbursement form must be approved by the department head and signed by the employee before being6u presented to the Finance ,Department 0.for reimbursement: or taxis, airport shuttles, and buses, receipts may not be available or�provided herefore, attach, if possible. A "Missing Receipt Affidavit" must be completed folil - nyµcharges not accompanied baareceipt) fan error in the reimbursement request is found, the requesting party will bd informed and the error will be corrected before payment is made. Employees aro' p y xpected to reimburse the County for any excess expenditure made with Counter e— card.MEmployees will be notified of denied reimbursement expense -requests 9eewExhibit B at the endof the Policy for the Travel Voucher; Section 1.5 - Excessive Expenses Revised July 1� 2020 Any individual expense considered excessive may be disallowed. The County Administrator shall have discretion over any such expenses in dispute. i—nsiarce`so­ft-r—avel notovered cby this policy, or where the actual , l necessary costs exceed the maximum reimbursement allowed and the travel is in the best interes f the county, the County Administrator mar grove_reimbursement of actua ost beyond the maximums stated herein] Section 1.6 - Direct Vendor Payment / Employee Cash Advance Revised July 1, 2020 L;s d 4 When possible, alternate arrangements to avoid the advance of taxpayer funds should be implemented. Employees should coordinate with the Department of Finance to arrange for payment of travel expenses directly to the vendor for items such as conference registration and hotel lodging. A cash advance feF gFeater +h -,n may be provided to an employee who will incur justifiable overnight travel expenses while conducting authorized County business. Employees who have Pcards assigned will not obtain cash advances without specific approval of the County Administrator. Requests for more than $500 must be authorized by the County Administrator. The County Administrator shall have discretion over any expenses in dispute. All requests for cash advances must include appropriate documentation, be approved by the Department Head and submitted to the Finance Department for provision in the accounts payable process 10 daysrior to the planned event. Within fifteen (15) days of travel return, the travel voucher with any applicable supporting documentation of expenses must be submitted to the Finance Department, to include repayment (via a check or cash) of any unused funds due the County. Failure to follow these policies may jeopardize approval of subsequent cash advances. Section 1.7 - Transportation Transportation should be via the least expensive and most efficient method available and is reimbursable subject to the following guidelines: Section 1.7.1- Transportation - County Vehicles a. County vehicles are to be used whenever possible for ground transportation to and from a given destination, subject to the safe and economical condition of the vehicle or vehicles assigned and subject to availability. b. Reimbursements for gasoline, parking, tolls and justifiable repairs to the County vehicle will be provided if documented with receipts. c. If no fleet card is available, Pcards may be used but must be fully documented with receipts. Section 1.7.2 - Transportation - Private Vehicles "Revised 1u>'Y 1, 2020 a. A private vehicle may be utilized only when other means of transportation are not available or the use of a private vehicle better serves the County's purposes. b. For use of a private vehicle, the traveler will be reimbursed at the mileage rate consistent with the rate established by the Internal Revenue Service, plus parking and toll fees if documented with receipts. c. An odometer reading from the beginning to the end of the designated trip must be shown on the travel voucher for reimbursement of mileage for private vehicle use. d. Allowable Mileage shall be mileage incurred in any one day in excess of the normal round-trip commute for that day between the employee's primary residence and assigned workplace. e. Pcards shall not be used to buy gasoline for a private vehicle. 50 Private Vehicle Exception: if any employee chooses to drive a private vehicle hen a county vehicle is available, reimbursement will be allowable but only at 0% of the approved mileage rate as described in the poliSy enerall ry the IRS eimbu,rsement rate unless otherwise-noted)F Section 1.7.3 — Transportation — Common Carrier (Revised October 15, 2015) Reimbursement for air, rail, or bus fare is limited to business or coach fare, substantiated by a receipt. Quotes must be obtained from more than one (1) common carrier, if multiple carriers exist, and documentation that the lowest fare available was used must be submitted on the travel request form. a. Air travel may be used when such has been determined to be the most economical and feasible means of travel and should not exceed the regular tourist (coach) fare. b. Whenever possible, the travel agency or airline should bill the County, or fees may be paid by Pcard. The name of the traveler and the business purpose must be stated on the vendor's invoice for payment. c. If the cost of air travel is paid by the traveler, a copy of the paid ticket must be submitted to the Finance Department. Section 1.7.4 — Transportation — Rental Vehicles (Revised October 15, 2015, l 1, 2024 a. Automobiles should be rented only when necessary for the purpose of County business and/or when considered economical. The most economical class of automobile, which will physically accommodate the passenger(s) and/or the intended purpose, should be rented. Rental cars should be shared by County personnel whenever possible. b. Expenses related to the business use of the rented automobile such as parking, fuel, tolls, etc. will be reimbursed if documented with receipts, or may be paid by Pcard with documentation. c. Traffic and parking fines are considered a personal expense. d. PGards may be used te pay allewable expenses, to the tFansaGteon Weihor+ rorr+nri1P9I f rental vehicles are used for both business and non -business purposes eimbursement to the countyforthe non -business portion will alr�� Section 1.8 - Lodging Revised July 1 2020 a. Expenditures for lodging must be reasonable. The County will pay the prevailing single room rate per traveler at the place of lodging. Governmental rates should be requested where available, unless a more economical rate can be obtained. b. The need for lodging shall be substantiated in the travel authorization request and will be based on the distance of travel and the nature of the business which requires the travel. To qualify for reimbursement, travel for business activity 51 and/or training lasting more than one day, the commute to the event must be at least one hour more than the employee's normal commute. If the business activity and/or training is a single day, to qualify for lodging the night before the event, the commute to the event must require the employee to leave home 2 or more hours before a normal workday. To qualify for lodging following a single day event, the commute from the event must cause the employee to arrive home 3 or more hours later than after a normal workday. Where lodging is requested and the travel does not meet the requirements stated above, the justification for lodging must be submitted to and authorized by the County Administrator in advance. I' C. PGaFdS rmrr used to pari fer ledging re%eip+c Shall b _;AtaGhed to the ^� �Iza�--rvTr P�� tFaRS Gtin_q when reGORGilerl Section 1.9 — Meals - Reimbursement Revised J. 1,.,.2020 5aily Travel not overnight ormally, allowances shall not be paid to employees for meals if travel does not nvolve an overnight stay. Employees may be reimbursed for meals when th' mployee's job requires his/her attendance at a training or meeting of a board ommission, committee or council in his official capacity and the meal iso replanned as part of the meeting (meal would be consumed during the raining/meeting period not before or after the training/meeting). Normal eimbursement rates still apply and an agenda must be included for payment. A eal purchased on the way to a local meeting or a lunch meeting created to' discuss business does not constitute a�meal for the benefit of the employer anq will be deniedF FRS Rules eal reimbursements are not allowable for Travel that does not include al vernight stay except as a preplanned part of the meeting or for the benefit of he employer. In accordance with IRS regulations, any payments for meals, othe s han inclusive in the meeting agenda, provided for the benefit of the employer, on hose paid as a part of overnight travel, will be reported on the employee's o iOfficial's W2 form as 'taxable fringe benefit"r Vdditionally, employees should not provide meals (or any­formr of gifts) to or receive meals (or any form of gifts) from vendors which the county currently or nay in the future or have in the past has/had contract(s) with. This is considered a conflict of interest pand/or gifting and must be avoided, mployees may receive non-taxable allowances for meals(perdiemwhe verni�httravel �is reouiredi���� -,� a. Reimbursement llowanceg for the maximum of three (3) meals per day while on authorized County business, including_ tips, is limited tohe rates approved b4 e County Administrator and remain inYeffect until u dated �- a y_ 52 b. Partial days of travel meal �reimbursements �will be allowed by the followiyn o be eligible, the employee must be required to: �• Breakfast per diem; depart duty station prior to 6:00 arr Lunch per diem; depart dutyystatic prior to 1_0:00 am or return to jut nation after 2:00 prrj� i• Dinner per diem; return to duty station after 8:00 pm, if sto pin for dinner, 'Causes a return after 8:00 pm Dinner will not be eligibl -Meals cannot be combined to receive a lamer per meal allows cn o If +r -+vel innl11ries Inc "AR throe (2) meals ner day, the allowable peF diem -+meun+ inrlu Jinn tin(s) is hrnLen down en the GSA table aU. e. Meals in excess of per diem amounts will be reimbursed only in exceptional situations and depending on cost variations in other metropolitan areas. In these cases, receipts must be submitted for all meals that exceed the per diem amount and include documentation explaining why the per diem amount was not sufficient. All exceptions must be approved by the department head and -G* County Administrator. f. Note: Use of a Pcard to pay any of the meal expenses is allowed; however, only the amounts allowed under this policy shall be paid by this method. Any ever eexcess_or disallovva expenditures shall be reimbursed by the employee to the County when accounts are reconciled. Only actual expenses for the traveler may be put on the Pcard and fully detailed receipts must be attached to the transaction when reconciled. e. If registration/hotel fees for a conference/meeting include meals, the per diem amount related to those meals will not be reimbursable. f. Reimbursement for certain group -related business meals is permitted. The meal must be conducted in a setting considered appropriate for business, be business related, and of reasonable cost. The actual expenses must be supported by receipts retained and submitted with the travel payment voucher. Additionally, the date, amount, place and nature of the business conducted should be documented on the travel voucher. Agendas for these meetings are required to be submitted with reimbursement requests as supporting documentation. . In accordance with IRS regulations, any payments for meals, other t °nclusive in the meeting agenda, provided for the benefit of the employer, or hose paid as a part of overnight travel, will be reported on the employee's or' fficial's W2 form as "taxable fringe benefit". Normal reimbursement rates still pply. A meal purchased on the way to a local meeting or a lunch meeting created o discuss business does not constitute a meal for the benefit of the employer and Nill be taxed if approved bv the County Administrator as an allowabld re I m b u rs e m e nt s 53 Section 1.10 - Incidental Expenses Revised July 1 2020 The following incidental traveling expenses will be reimbursed while on official County business: a. Bridge and road tolls and ferry fares b. Taxi, airport limousine or bus fares. Reasonable effort shall be made to obtain the most economical transportation to and from airports. c. Parking fees d. Conference or seminar registration fees e. Fees for professionally oriented field trips sponsored by a conference or seminar g. All other incidental charges for reimbursement must be authorized by the County Administrator. Whenever possible, the Pcard may be used to pay for allowable incidentals. Full documentation is required in the Pcard system, including receipts. Section 1.11- Disallowed Expenses Revised Jud 1,�2020� Disallowed expenses include: • Lost or stolen articles • Alcoholic beverages • Damage to personal vehicles, clothing or other items • Services to gain entry to a locked vehicle • Movies charged to hotel bills • All expenses related to the personal negligence of the traveler, such as fines • Entertainment expenses or Souvenirs • Towing charges, and • Any expense not supported by a receipt • Meals included in registration • Travel to and from work place • Items purchased to be used as raffle/prizes • Expenses of spouse, children or companions This list is not all-inclusive. The County Administrator shall approve or disapprove all other expense reimbursements not clearly defined in the Policy or those which have been questioned. 54 VO g. All other incidental charges for reimbursement must be authorized by the County Administrator. Whenever possible, the Pcard may be used to pay for allowable incidentals. Full documentation is required in the Pcard system, including receipts. Section 1.11- Disallowed Expenses Revised Jud 1,�2020� Disallowed expenses include: • Lost or stolen articles • Alcoholic beverages • Damage to personal vehicles, clothing or other items • Services to gain entry to a locked vehicle • Movies charged to hotel bills • All expenses related to the personal negligence of the traveler, such as fines • Entertainment expenses or Souvenirs • Towing charges, and • Any expense not supported by a receipt • Meals included in registration • Travel to and from work place • Items purchased to be used as raffle/prizes • Expenses of spouse, children or companions This list is not all-inclusive. The County Administrator shall approve or disapprove all other expense reimbursements not clearly defined in the Policy or those which have been questioned. 54 �raver Forms referenced in this policy may be changed_ by the�YFinanc Aeartment as needed TravelExpenses not Addressed by this Policy 4ny travel expenses fallin& outside the realm of thispolicr must be approved b the County Administrators „�. ,� tachmentsl _ hibit A, Travel Authorization Form hibit B, Travel Reimbursement Forrq- hibit C, Travel Advance Request Form hibit DMissin�ReceiptAffd4avi Exhibit A Travel Authorization Form 55 Name: Reason for Travel: TRAVEL AUTHORIZATION PROIREDWFOROUT,OF DISTRICT TRAVEL * * Please Fill Out Completely * * Date of Request: Attach a copy of Conference/Meeting/Workshop/Tiaining Information (REQUIRED) Destination: (Name, City. State, Zip) List dates of Travel: Meeting Begins am/pm on and Ends at am/pm on Did the County/Supervisor Request that you attend? O Yes O No Does this trip require overnight accommodations? O Yes O No Nights: (Leave more than two hours before or return more than three hours after usual work schedule/multi-day event) Approval To Travel Department Head: Date: Keguired for out of sGa f -j Travel: County Administrator: Date: Estimated Cost* Department Code: Registration: Cost: Travel: Mode: Miles: Cost: (County/personal vehicle) (round trip) (total) Motel: Number of Nights: Rate Per Night: Cost: Attach copy of Hotel Information (incl taxes) Meals: Number of Meals: B L D Cost: Maximum As of 71112020 $11 $16 $28 (total) Other Expected Costs: Cost: Code: (specify) (total) **READ REIMBURSEMENT POLICYFOR ALLOWABLE TRAVEL, MEALS 8c REIMBURSEABLE COSTS Total Estimated Cost of Travel: Department Head Exception Approval Signature: SUFFICIENT FUNDS AVAILABLE (REQUIRED FOR OUT OF STATE TRAVEL & EXCEPTIONS) F. Budget & Finance *signed form to be submitted to Finance Department with itemizea receipts as documentation of travel approval Exhibit B Travel Reimbursement Form 56 5Iel Exhibit C Travel Advance Request Form TRAVEL ADVANCE REQUEST FORM EMPLOYEE NAME Employee Number: This payment will be charged to: DEPARTME NT PURPOSE OF TRIP: 57 k c 0 ! W - ak Cd .7 W o4 { I >k w ct 0 11 Q Ui °i Vi Vi • { C� �! H or o 0 o i -0 CL a' r >E U !! • i Q O O k f { U A A O U { V] O O rA (r ! 46 (w ALL Exhibit C Travel Advance Request Form TRAVEL ADVANCE REQUEST FORM EMPLOYEE NAME Employee Number: This payment will be charged to: DEPARTME NT PURPOSE OF TRIP: 57 Org DATE FROM: , DATE TO: Object TOTAL DAYS OF EIPRIVATE CAR ALLOWANCE (ESTIMATED MILES ABSENCE: Project Code if applicable DESTINATION: (include agenda/conference Project String if applicable registration) City/state T BY 0 IFMPI nypl:i InATFl Please complete below the estimate NOTE: Check the box for expenses requested of expenses for trip. for Travel Advance payment. EITRANSPORTATI ON: EIPRIVATE CAR ALLOWANCE (ESTIMATED MILES @ _/mile): EILODGIN G: MEALS: Number of Meals: B($12) L($16) D($28) ❑ REGISTRATION FEES: E]OTHER (please specify): TOTAL TRIP COSTS $ Advance Requested $ This form should be submitted to Finance Department for payment 10 days in advance of travel. rnl mrry GKADI nVP1= DATE APPROVED FOR PAYMENT DEPARTMENT HEAD DATE FINANCE DIRECTOR DATE rn11A1TV Ar)KA1n11CTRATnR (IFOVER$500) DATE U6V Exhibit D Missing Receipt Affidavit Lural Roou C OW FeUh ISLE OF WIGHT covrrnr. vMINR MISSING RECEIPT AFFIDAVIT Date of Purchase: Vendor Name: Amount of Purchase: Description of items & purpose ofpurchase: Nhy is the original receipt or appropriate documentation missing"? I certify that I have contacted the vendor and was unable to obtain a copy of the purchase documentation. I also certify that this purchase was made for an official County business purpose. Signature: Printed name: Reimbursement must be approved by the Department Head that has authority to approve purchases/reimbursements. Department Head Signature: Printed Name: This form is to be used as documentation only if the actual receipt, invoice, Internet order screen, or appropriate substitute is unavailable for a purchase. It must be filled out completely and signed by both the cardholder and Department Head. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty commented that after reviewing the bylaws of the Commission on Aging and the purpose for which the Commission was established, 59 he would recommend that the Board consider a new module for County seniors related to events and hospitality and which identifies and addresses the needs of seniors in the community. Staff is to invite a representative from Senior Services of Southeastern Virginia to address the Board regarding how other communities are organized. ADJOURNMENT At 9:30 p.m., Chairman Acree declared the meeting adjourned. 01�AIV Wl�b &a7 Careyit St ,Clerk Joel C. Acree, Chairm