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05-10-2018 Special MeetingSPECIAL 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 ON THURSDAY, THE TENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND EIGHTEEN PRESENT: Rudolph Jefferson, Chairman, Hardy District William M. McCarty, Vice -Chairman, Newport District Don G. Rosie, II, Carrsville District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman Jefferson called the special Board of Supervisors' meeting to order at 6:00 p.m. and welcomed all present. Supervisor McCarty delivered the invocation and led the Pledge of Allegiance to the American Flag. Supervisor Grice moved that the Capital Improvements Program for FY2019-28 in the amount of $97,511,962 be adopted which passed unanimously (5-0). County Administrator Keaton was requested by Supervisor Acree to brief the Board on the method of distribution for Aid to Localities (ATL) funds to the County's fire agencies. County Administrator Keaton explained in past years ATL funds have been divided equally among the five volunteer fire departments and that he is now proposing all departments that the County purchase whatever is needed by the agencies from one vendor resulting in better pricing while still allowing the agencies the option of customization. He stated in doing so will make the County responsible to the State for the management of its grant. Supervisor Acree relayed that the agencies are concerned that their budgets will be impacted by removing the ATL. County Administrator Keaton advised that the Carrollton Volunteer Fire Department had requested $75,000 in funding and received $75,000; the 1 Carrsville Volunteer Fire Department had requested $25,000 and was funded at $40,000; the Rushmere Volunteer Fire Department had requested $15,000 and had received $27,500; the Windsor Volunteer Fire Department had requested $34,000 and received $36,500; and, the Smithfield Volunteer Fire Department had requested $130,794 and was funded $77,000. He further advised that the Smithfield and Windsor Volunteer Fire Departments also receive allocations from the Towns of Smithfield and Windsor. It was recognized that the agencies will actually benefit more financially under the County Administrator's proposal and that the County, by being allowed to manage the grant also assumes the liability, while still allowing the Fire & Rescue Association to determine its needs. The Board was reminded that two Board members will be meeting with leaders of the Fire & Rescue Association prior to the Board's August 2, 2018 meeting with the Fire & Rescue Association to discuss how the agencies have operated in the past and will operate in the future. It was noted that ATL funds are received in September, which is after the August 2, 2018 meeting, and that the budget can be amended if requested at the August meeting. Supervisor McCarty remarked that the proposal for a maintenance -agreement with the agencies was taken off the table responsive to concerns voiced by the County's volunteers which illustrates that this Board is listening to its volunteers. Supervisor McCarty moved that the following Ordinance Approving the County Operating and Capital Budget and Appropriating Funds for Expenditures Contemplated During the Fiscal Year Beginning July 1, 2018 and Ending June 30, 2019 and Regulating the Payment of Money Out of the County Treasury be adopted which passed unanimously (5-0): AN ORDINANCE APPROVING THE COUNTY OPERATING AND CAPITAL BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2018 AND ENDING JUNE 30, 2019, AND REGULATING THE PAYMENT OF MONEY OUT OF THE COUNTY TREASURY BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, to -wit: Section 1: Except as provided in Section 2 of this Ordinance, the County of Isle of Wight, Virginia, Proposed Annual Operating and Capital Budget, Fiscal Year 2018-2019, dated April 4, 2018, along with the associated Uniform Fee Schedule attached hereto as Exhibit A (hereinafter referred to as the "County Budget"), and submitted by the County Administrator, as amended by the Isle of Wight County Board of Supervisors, is approved as the County Budget for the fiscal year beginning July 1, 2018, and ending June 30, 2019. Section 2: The County Budget shall be subject to transfers authorized by law and to such further amendments by ordinance, pursuant to Section 15.2-2507 of 2 the Code of Virginia (1950, as amended), as the Board of Supervisors may deem appropriate. Section 3: The amount named in the County Budget, as amended, for County operations for the fiscal year beginning July 1, 2018, and ending June 30, 2019, in the following fund amounts are hereby appropriated from the revenues of the County for use by the various funds of the County Government referenced in said budget for the said fiscal year. Any appropriation to a specific fund but identified as a revenue source in another fund is specifically designated and restricted for accounting and transfer purposes only and not for any other expenditure from the source fund. Fund 2018-2019 General Fund $ 74,460,860 Capital Projects Fund 5,312,462 Grants Fund 293,341 Emergency 911 Fund 1,395,820 County Fair Fund 354,158 Social Services Fund 3,591,444 Children's Services Act Fund 404,353 Technology Services Fund 1,149,368 Risk Management Fund 713,059 Public Utility Fund 8,820,520 Stormwater Fund 1,334,376 Section 4: Except as it may be amended from time to time in accordance with applicable law by the Isle of Wight County Board of Supervisors, at the request of the Isle of Wight County School Board, the Isle of Wight County School Operating and Capital Budget, Fiscal Year 2018-2019, dated March 8, 2018, and submitted to the Isle of Wight County Administrator by the School Superintendent for consideration by the Isle of Wight County Board of Supervisors, is approved as the annual budget for educational purposes for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019. Section 5: Pursuant to Section 22.1-94 of the Code of Virginia, the following categorical appropriations are hereby made for Isle of Wight County Public Schools ("Public Schools") for the fiscal year beginning July 1, 2018, and ending June 30, 2019: Educational Category Instruction Administration, Attendance and Health Pupil Transportation Operation and Maintenance School Food Serv./Other Non -Instr. Operations Facilities Debt and Fund Transfers Technology Contingency Reserves 3 2018-2019 46,354,477 2,430,583 4,094,651 5,000,950 2,102,292 0 450,648 2,335,523 0 Total Funds Budget $ 62,769,124 Section 6: All payments from funds shall be made in accordance with general law and applicable ordinances and resolutions of the County, except as otherwise specifically provided herein; provided, however, that payments from the funds appropriated for the support, maintenance and operation of the Public Schools of the County shall be made by the County Treasurer upon warrants drawn by the proper officer or officers of the School Board of the County; and provided further that payments from the funds appropriated for expenditures of the Department of Social Services shall be made by the County Treasurer upon presentation of warrants drawn by the Social Services Director and approved by the Isle of Wight County Board of Social Services. Section 7: The Board of Supervisors hereby authorizes the issuance and sale of the County's revenue anticipation note or notes (the "Note" or "Notes"), pursuant to Section 15.2-2629 of the Code of Virginia (1950, as amended) (the "Virginia Code"), in the aggregate principal amount of up to $25,000,000 in anticipation of the collection of the taxes and revenues of the County for the fiscal year ending June 30, 2018. If either the County Administrator or County Treasurer deems that the cash flow needs and the financial condition of the County warrant the issuance of a Note or Notes, the County Administrator or the County Treasurer (each hereinafter referred to as the "County Representative") is authorized and directed to accept a proposal or proposals for the purchase of the Note or Notes and to approve the terms of the Note or Notes, provided that the aggregate principal amount of the Notes shall not exceed $25,000,000, none of the Notes shall mature later than June 30, 2018, and no interest rate on any of the Notes shall exceed 7%. The County Representative and the Clerk of the Board of Supervisors (the "Clerk") are hereby authorized and directed to execute an appropriate negotiable Note or Notes and to affix the seal of the County thereto and such County Representative is authorized and directed to deliver the Note or Notes to the purchaser thereof. The County Representative, and such officers and agents of the County as the County Representative may designate, are hereby authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Note or Notes and all actions taken by such officers and agents in connection with the issuance and sale of the Note or Notes are ratified and confirmed. Section 8: The Board of Supervisors hereby authorizes the lease financing of various County vehicles and equipment essential to the performance of governmental functions as provided for in the adopted Fiscal Year 2018-2019 County Budget. The funds made available under the lease will be deposited with a banking institution pursuant to an Escrow Agreement following procurement of a financial institution in accordance with the Virginia Public Procurement Act. The County Administrator is authorized to execute the lease agreement and financing documents on behalf of the County and the County Clerk shall affix the official seal of the County to the Financing Documents and attest the same. Section 9: The amounts appropriated by this Ordinance shall be expended for the purpose of operating the County government during the 2018-2019 Fiscal Year; and, with the exception of the items the payment of which is fixed by law, 9 shall be expended in such proportions as may be authorized by the County Administrator from time to time. Section 10: All outstanding encumbrances, by contract or fully executed purchase order, as of June 30, 2018, shall be offset by an equal amount of assigned Fund Balance for expenditure in the subsequent fiscal year; provided, however, that if performance of a contract or purchase order has been substantially completed, an expenditure and estimated liability shall be recorded in lieu of an encumbrance. All restricted or assigned fund balance project or program balances standing on the books of the County at the close of business for the fiscal year ending June 30, 2018 in the amount of $50,000,000 or less that have not been expended or lawfully obligated or encumbered are hereby reappropriated to be used to fund the purposes, programs, or projects for which the funds were appropriated. Section 11: Notwithstanding the provisions of Section 10, all funds appropriated for Public Schools which are unexpended at year-end shall revert back to the County's General Fund pursuant to Section 22.1-100 of the Code of Virginia for the purpose of replenishment of the Unassigned Fund Balance for payments made by the County on behalf of the Isle of Wight County School Board to comply with the Davis -Bacon Act for the Georgie D. Tyler Middle School project. Section 12: The payment and settlement, made during the 2018-2019 Fiscal Year, of any claim of any kind against the County; and final judgments, with interest and costs, obtained against the County during the 2017-2018 Fiscal Year, shall be paid upon the certification of the County Attorney and the order of the County Administrator from funds appropriated to the Risk Management Fund; or from the funds appropriated for the expenditures of the Fund involved in the subject matter of the claim or judgment; or from the General Fund; as the County Administrator shall find necessary. Section 13: Except as otherwise specifically required by law or approved by the Board of Supervisors by resolution, any salary or wage expenditure, and any expenditure of any kind or description having the effect of a salary or wage payment, shall be made only for a position, the description of which is identified in the County Pay and Compensation Plan or which has received prior approval of the Board of Supervisors. Any other expenditure shall be calculated to result in total expenditures within the plan stated in a specific County Budget account, except that transfers of unexpended and unencumbered balances or portions thereof, initiated by a department director and approved by the County Administrator, are permitted between accounts; provided, however, that a quarterly report of such transfers shall be submitted to the Board of Supervisors. Section 14: The County Administrator is authorized and directed to do all lawful things necessary to implement and administer the County Budget for Fiscal Year 2018-2019. Section 15: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance, to the extent of such conflict, are repealed. Section 16: This Ordinance shall be in effect on and after July 1, 2018, and it shall not be published. Supervisor McCarty moved that the following Ordinance be adopted which passed unanimously (5-0): AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2018 THROUGH JUNE 30, 2019 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: Section 1: That there is hereby levied for the fiscal year beginning July 1, 2018, a tax of $0.85 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58.1-2606 of the Code of Virginia (1950, as amended). Section 2: That there is hereby levied for the fiscal year beginning July 1, 2018, a tax of $1.75 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1-3507 of the Code of Virginia (1950, as amended). Section 3: That there is hereby levied for the fiscal year beginning July 1, 2018, a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia (1950, as amended). Section 4: That there is hereby levied for the fiscal year beginning July 1, 2018, a tax of $4.50 per one hundred dollars of assessed valuation on all tangible personal property, as defined and classified in Sections 58.1-3500 through 3504 and Section 58.1-3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1- 3504 are exempt from said levy. Section 5: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2018 shall be set at forty-nine percent (49%) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100%). Section 6: That there is hereby levied for the fiscal year beginning July 1, 2018, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only. Section 7: That there is hereby levied for the fiscal year beginning July 1, 2018, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except 0 electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. 11 Supervisor McCarty moved that the following Resolution be adopted which passed unanimously (5-0): RESOLUTION TO APPROVE THE POSITION CLASSIFICATION AND COMPENSATION PLAN AND EMPLOYEE HEALTH INSURANCE PLAN OFFERINGS FOR FISCAL YEAR 2018-2019 WHEREAS, the Board of Supervisors has approved the FY 2018-2019 Annual Operating Budget; and WHEREAS, in accordance with County Policy (Chapter 1: Personnel, Article II, Position Classification Plan and Article III, Compensation Plan), the Position Classification and Compensation Pian containing the Salary Schedule and Schematic List of Classes assigned to Salary Grades has been prepared as referenced in the attached exhibit in accordance with the Approved FY 2018-2019 Annual Operating Budget; and WHEREAS, a two percent (2%) cost of living salary adjustment for all employees effective July 1, 2018 and an additional average one percent (1%) merit salary adjustment for regular full-time and regular part-time employees effective October 1, 2018 retroactive to July 1, 2018 is recommended in accordance with the Approved FY 2018-2019 Annual Operating Budget; and WHEREAS, an additional one percent (1%) salary adjustment for the Constitutional Officers (Clerk of Circuit Court, Commissioner of the Revenue, Commonwealth's Attorney, Sheriff, and Treasurer) and the Voter Registrar effective October 1, 2018 retroactive to July 1, 2018 is recommended in accordance with the Approved FY 2018-2019 Annual Operating Budget; and WHEREAS, the next Employee Health Insurance Plan Year takes effect July 1, 2018; and WHEREAS, the County participates in The Local Choice Health Insurance Program through Anthem and offers two plans; and 7 WHEREAS, The Local Choice Anthem Key Advantage 250 Plan and Key Advantage 500 Plan are recommended to the Board of Supervisors as the two plan offerings available for the plan year beginning July 1, 2018; NOW, THEREFORE, BE IT RESOLVED that the FY 2018-2019 Position Classification and Compensation Plan is hereby adopted and shall remain in effect until amended by the Board, the 2% cost of living salary adjustment for all employees is hereby provided effective July 1, 2018, an additional average 1% merit salary adjustment is hereby provided effective October 1, 2018 retroactive to July 1, 2018, and an additional 1% salary adjustment for the Constitutional Officers (Clerk of Circuit Court, Commissioner of the Revenue, Commonwealth's Attorney, Sheriff, and Treasurer) and the Voter Registrar effective October 1, 2018 retroactive to July 1, 2018 is recommended in accordance with the Approved FY 2018-2019 Annual Operating Budget; and BE IT FURTHER RESOLVED that Health Insurance Plan offerings of The Local Choice Anthem Key Advantage 250 Plan and Key Advantage 500 Plan are available for employees with employer and employee contribution rates effective July 1, 2018 as referenced in the attached exhibit. BE IT FURTHER RESOLVED that eligibility for participation in the Health Insurance Plan offerings is as follows: All regular full-time employees of the County, to include Appointees and Registrar, as well as elected officials to include Constitutional Officers and Board of Supervisors Members, as well as local state - supported employees of the Isle of Wight Department of Social Services. Supervisor McCarty moved that the following Resolution be adopted which passed unanimously (5-0): RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V, SECTIONS 5.3, 5.5 AND 5.12, ARTICLE VI, SECTIONS 6.2 AND 6.7, AND ARTICLE X, SECTION 10.3 AND ADOPT ARTICLE VI, SECTION 6.10 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established Leave Policies under Chapter 1: Personnel, Article V, Sections 5.3, 5.5, and 5.12, Employee Benefits Policies under Chapter 1, Personnel, Article VI, Sections 6.2 and 6.7, and Recruitment and Selection Policies under Chapter 1, Personnel, Article X, Section 10.3 of the County Policy Manual; and WHEREAS, the policy for the Virginia Local Disability Program (VLDP) applicable to regular, full-time employees who are Virginia Retirement System Hybrid Plan members is recommended for adoption in Chapter 1, Personnel, Article VI, Section 6.10 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article V, Sections 5.3, 5.5, and 5.12, Article VI, Sections 6.2 and 6.7, and Article X, Section 10.3 and adopt Chapter 1, Personnel, Article VI, Section 6.10 of the County Policy Manual to clarify the provisions, guidelines, rules and procedures of Employee Leave Policies, the Tuition Reimbursement Policy, Employee Service Awards Policy, the Virginia Local Disability Program provision for regular, full-time H employees who are Virginia Retirement System Hybrid Plan members, and the Recruitment and Selection Policy; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections 5.3, 5.5, and 5.12, Article VI, Sections 6.2 and 6.7, and Article X, Section 10.3 of the County Policy Manual are hereby amended and Chapter 1, Personnel, Article VI, Section 6.10 of the County Policy are hereby adopted as follows: Chapter 1: Personnel 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) Section 5.3 (Revised December 19, 2013; September 1, 2005, October 16, 2014, April 16, 2015, July 1, 2018) Sick leave is defined as leave with pay granted for personal illness of the employee or an immediate family member and for medical and dental appointments of the employee or immediate family member. For purposes of this sick leave policy, the immediate family of an employee is defined as: natural parents, adoptive parents, foster parents, step- parents; spouse; natural, adopted or foster children; brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law; grandchildren and grandparents. A physician's certification/statement may be requested to validate sick leave when there is a pattern of absenteeism, if there is an indication that the employee's physical condition is adversely affecting performance, or for an absence of three (3) or more consecutive days. Leave usage will be charged in quarter-hour increments. Accrual Rates Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement System (VRS) members: Sick leave is accrued at a rate of eight (8) hours per month (four (4) hours per pay period worked), with the exception of 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, who accrue sick leave at a rate of 11.2 hours per month (5.6 hours per pay period worked). Employees must work more than half of the workdays per pay 9 period in order to accrue sick leave for that pay period. Sick leave balances may be carried over from year to year and shall be unlimited. Special Provisions for Fire Protection Employee Schedule Changes 1. When a regular full-time employee 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 transfers from that 28 -day cycle schedule to a 40 -hour per week schedule or vice versa for an assignment greater than 30 days, his/her leave balances and hourly rate of pay will be converted. 2. Full-time employees assigned within the Department of Emergency Services accrue and charge all leave in accordance with applicable policy for the schedule to which assigned. In the event an employee is temporarily assigned to another schedule for less than 30 days, the leave accrued and leave charged will be adjusted to provide the same leave balance as if the employee had not been temporarily transferred. Such determinations are made on a case-by-case basis by the Chief of Emergency Services and the Director of Human Resources. 3. Sick leave is converted or adjusted when an employee is transferred from one schedule to another to provide the same leave balance value. When an employee is transferred from a 28 - day cycle schedule to a 40 -hour per week schedule, the employee's sick leave balance will be divided by 1.4 to give the adjusted balance. When an employee is transferred from a 40 -hour per week schedule to a 28 -day cycle schedule, the employee's balance will be multiplied by 1.4 to give the adjusted balance. Regular, full-time employees who are Hybrid Virginia Retirement System (VRS) members: Six rdaysf sick leave is fren+_Ee- d -e d nn ;In empleyee-'s. first v.seFk day, subjeGt te pFeFatian far service less than TlT-1r1l f7i�r--1 yeaF Ernpleynn- may eFawrrvtheir E'`' tp 4 F 4—rIn avG fellrrnTcw ;g the-r=empie• n elf enn day's serlIlCn On Iane�ar�� 1��F �"�T�T LL.��71""YY1 empleyees in this r.-ategeFy will ar.r.w-we six (6) additional days -of sirck lea -ave '3tith--cvr-h ypar a payeut ofyeafifty perront M%) of the leave h;;l;;nro will e grARte 4RrP11TnnZrrJiTn�rGTnrtTiV�P Inthe event of teTr1m'i[7nTQti r r CQ }� excess f ,'days aEtually eaFf}aei Will hn Wi u1rirn f�rthfi4 rhhprk Sick leave is accrued at a rate of six (6) hours per month (three (3) hours per pay period) worked. Employees must work more than half of the workdays per pay period in order to accrue sick leave for that pay period. Up to 72 hours may be carried over to the next fiscal year. At the end of each fiscal year, all sick leave in excess of the maximum carry-over balance of 72 hours which is unused by the pay period which includes June 30, is forfeited. Sick leave is accrued when the employee is on short- term disability. 10 Regular (non -temporary) part-time employees who work a schedule of 20 — 29 hours per week will accrue sick leave at a rate of four (4) hours per month. Section 5.5 (Revised December 19, 2013; December 15, 2005; July 1, 2018) Payment of Sick Leave Upon Retirement Regular, full-time employees, regardless of Virginia Retirement System (VRS) Plan type: (VRS) members- Employees retiring from VRS service who have less than fifteen (15) years of service with Isle of Wight County are paid a lump sum for twenty-five percent (25%) of their sick leave balance at the time of retirement up to a maximum of $2,500.00 in the subsequent pay period after the effective date of retirement. The remaining seventy-five percent (75%) of the sick leave balance is forfeited. Employees who retire with fifteen (15) or more years of continuous service with Isle of Wight County may elect to be paid a lump sum for twenty-five percent (25%) of their sick leave balance, not to exceed $2,500.00 OR they may convert up to fifty percent (50%) of their unused sick leave balance into VRS service credit to enhance their VRS benefit. The service credit will be calculated based on an actuarial equivalent rate. If this option is selected, no additional monies will be paid out beyond the amount calculated for the purchase of service credit. Section 5.12 (Revised April 7, 2005, January 8, 2009, December 18, 2014, July 1, 2018) Leave Under the Family and Medical Leave Act ("FM LA") Isle of Wight County will grant T"�rrnty r^plies ,..:�+"o-C@r„iIY @Rd Upd'wnI-LP-AE+ (FMLA), �Rrhirh p,-.,,.:.����ieligible employees with -up to 12 workweeks of job protected leave (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12 -month period. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. During this leave, an eligible employee is entitled to continued group health plan coverage. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or equivalent position. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. Employees with questions about what illnesses serious health conditions are covered under the FMLA policy or under the County's Sick Leave Policy are encouraged to consult with the County's Human Resources Department. Employee Eligibility Criteria To be eligible for FMLA leave, an employee must have been employed by Isle of Wight County: • for at least 12 months (which need not be consecutive). Separate periods of employment will be counted, provided the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week; and • for at least 1,250 hours during the 12 month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave shall not be counted in determining the 1,250 hours eligibility test for an employee under FMLA; and • at a worksite where 50 or more employees are employed by the County within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route. Types of Leave Covered To qualify as FMLA leave under this policy, the employee must be taking leave for one or more of the following reasons: a. The birth of a child and in order to care for that child; b. The placement of a child with the employee for adoption or foster care, and/or to care for the newly placed child; c. To care for the employee's spouse, child, or parent (but not in-law) with a serious health condition (described below); d. The employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job. 1? e. Because of a qualifying exigency arising out of the fact that the employee's spouse, son or daughter, or parent is on active duty or called to covered active duty status in support of contingency operations as a member of the National Guard or Reserves (described below); and/or, f. Because the employee's spouse, son or daughter, parent, or next of kin of a covered service member or veteran requires care due to a serious health condition (described below). Serious Health Condition A "serious health condition" is defined as a r-ARditieR any illness, injury, impairment, or physical or mental condition that requires inpatient care at a hospital, hospice, or residential medical facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care, or a condition that requires continuing treatment by a licensed health care provider. Continuing treatment by a licensed health care provider means any one of the following: 1. Incapacity/Treatment — A period of incapacity of more than three (3) consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves either treatment two or more times within 30 days, or treatment by a health care provider on at least one occasion, which results in a regiment of continuing treatment under the supervision of the health care provider. 2. Pregnancy/Prenatal Care — Any period of incapacity due to pregnancy or for prenatal care. In these situations, PMLA also covers leave for the husband, if needed to care for the pregnant spouse who is incapacitated due to severe morning sickness or other prenatal complications (and may need physical care) and to accompany her to prenatal doctor's appointments (and may need to be driven or need psychological care). 3. Chronic Conditions — Any period of incapacity or treatment for incapacity due to a chronic serious health condition such as asthma or diabetes. Chronic conditions require periodic visits (at least twice a year) for treatment by a health care provider, continue over an extended period of time, and may cause episodic rather than a continuing period of incapacity. Permanent/Long-Term Conditions — A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective, such as Alzheimer's disease, a severe stroke, or the terminal stages of a disease. The patient must be under the continuing supervision of a health care provider, but need not be receiving active treatment. Conditions Requiring Multiple Treatments — Any period of absence to receive or recover from multiple treatments, such as for restorative surgery after an injury, or for serious conditions such as cancer (chemotherapy) or kidney disease (dialysis) that would likely result in a period of incapacity of more than three (3) consecutive, full calendar days in the absence of medical intervention or treatment. Incapacity and Subsequent Treatment — The inability to work, attend school or perform other regular daily activities due to the serious health condition or the treatment or recovery as a result of a serious health condition. Military Family Leave Entitlements Qualifying Exigencies — A qualifying exigency is a non-medical, non- routine activity that is directly related to the covered military member's covered active duty or call to active duty status. To be eligible, the employee must have a spouse, parent, or child on covered active duty to a foreign country or call to covered active duty status in the Armed Forces or reserve component of the Armed Forces in support of a contingency operation to a foreign country. Categories of qualifying exigencies in the FMLA regulations include: 1. Short -notice deployment activities (up to seven (7) days of leave is permitted if the military member receives seven (7) or less days' notice of a call to active duty); z. Military events and related activities; 3. Certain temporary childcare arrangements and school activities (but not for ongoing childcare or routine academic concerns); 4. Financial and legal arrangements; 5. Counseling by a non-medical counselor (such as a member of the clergy); 6. Rest and recuperation (up to a maximum of fifteen (15) calendar days of leave is permitted when the military member is on temporary rest and recuperation leave); 7. Post -deployment military activities (such as arrival ceremonies or reintegration briefings); 8. Care of the military member's parent (when the parent of the military member is incapable of self-care); and 9. Additional activities which arise out of the military member's covered active duty or call to active duty status provided that both the County and employee agree that such leave shall qualify, and agree to both the timing and duration of such leave. 14 „ I . Military Family Leave Entitlements Qualifying Exigencies — A qualifying exigency is a non-medical, non- routine activity that is directly related to the covered military member's covered active duty or call to active duty status. To be eligible, the employee must have a spouse, parent, or child on covered active duty to a foreign country or call to covered active duty status in the Armed Forces or reserve component of the Armed Forces in support of a contingency operation to a foreign country. Categories of qualifying exigencies in the FMLA regulations include: 1. Short -notice deployment activities (up to seven (7) days of leave is permitted if the military member receives seven (7) or less days' notice of a call to active duty); z. Military events and related activities; 3. Certain temporary childcare arrangements and school activities (but not for ongoing childcare or routine academic concerns); 4. Financial and legal arrangements; 5. Counseling by a non-medical counselor (such as a member of the clergy); 6. Rest and recuperation (up to a maximum of fifteen (15) calendar days of leave is permitted when the military member is on temporary rest and recuperation leave); 7. Post -deployment military activities (such as arrival ceremonies or reintegration briefings); 8. Care of the military member's parent (when the parent of the military member is incapable of self-care); and 9. Additional activities which arise out of the military member's covered active duty or call to active duty status provided that both the County and employee agree that such leave shall qualify, and agree to both the timing and duration of such leave. 14 Military Caregiver Leave — FMLA leave may be granted to an eligible employee to care for a covered service member, who is on the temporary disability retired list and has a serious injury or illness. The covered service member must be undergoing medical treatment, recuperation or therapy, otherwise be in outpatient status, or otherwise be on the temporary disability retired list. To be eligible for this leave, the employee must be the spouse, child, parent, or next of kin of the covered service member. Amount of Leave Eligible employees may take up to a total of 12 workweeks of FMLA leave during a rolling calendar year, when leave is taken for any one or combination of FMLA- qualifying reasons, not including military caregiver leave. For regular full-time employees, 12 workweeks of leave equates to 480 hours (674 hours for 24-hour Emergency Services employees assigned to a 28 -day cycle). 15 .. lip . "OW , A �� ► a .y 11 A Amount of Leave Eligible employees may take up to a total of 12 workweeks of FMLA leave during a rolling calendar year, when leave is taken for any one or combination of FMLA- qualifying reasons, not including military caregiver leave. For regular full-time employees, 12 workweeks of leave equates to 480 hours (674 hours for 24-hour Emergency Services employees assigned to a 28 -day cycle). 15 Except for military caregiver leave, each time FMLA leave is taken, the employee's remaining FMLA leave entitlement is any remaining balance of the 12 workweeks that has not been used during the rolling calendar year in which the leave was taken. As with other paid leave types, FMLA leave is available in increments of quarter- hours (15 minutes) and an employee may not be required to take more leave than necessary to address the circumstances that precipitated the need for leave. 1. Amount of Military Caregiver Leave — For military caregiver leave only, up to a total of 26 workweeks of leave may be taken in a single 12 -month period when combined with other FMLA qualifying leave. The 26 workweeks of leave equates to 1,040 hours for regular full-time employee (1,460 hours for 24-hour Emergency Services employees assigned to a 28 - day cycle). For purposes of military caregiver leave only, the 12 -month period begins on the first day the employee takes military caregiver leave and ends 12 months later. When military caregiver leave is taken in combination with other FMLA qualifying reasons, only 12 weeks of the total may be for reasons other than the care of the covered service member. 2. When Both Spouses Work for the County - When both spouses are employed by Isle of Wight County, they are together entitled to a combined total of 12 (or 26) workweeks of FMLA leave within the designated 12 month period for the birth and care of a newborn child, adoption, or foster care placement of a child with 1 the employees,; fe a4eFraFe- f the Re �rbeFR OF Reel„ F larzed /=hill' a -R4 to care for a parent (but not in-law) with a serious health condition, or to care for a covered service member with a serious injury or illness. Each spouse may be entitled to ariditiewfl the remaining amount of FMLA leave for other FMLA qualifying reasons such as the case for a child with a serious health condition or due to one's own serious health condition. For example, if each spouse took 6 weeks of leave to care for a healthy newborn child, each could later use an additional 6 weeks due to his/her own serious health condition or to care for a spouse, child, or parent with a serious health condition. 3. Time Limitation When Leave is taken for Birth/Placement - Leave for birth and to care for a newborn, or for a newly placed child for adoption or foster care must conclude within 12 months after the birth or placement of the child. Vibe -A beth spouses aFe—empleyed by Isfe—e# Wight GOURty @Rd—eac-k� 16 Intermittent or Reduced Work Schedule Leave "Intermittent leave" is leave taken in separate blocks of time due to a single qualifying reason (hours/days are taken periodically over a period of time). "Reduced work schedule leave" is leave that reduces an employee's usual number of hours per workweek or hours per workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member or veteran over a 12 -month period). Leave to care for a newborn or a newly placed child must be taken all at once, and may not be taken intermittently or on a reduced work schedule. Leave taken because of an employee's own serious health condition, or to care for an employee's spouse, child, or parent with a serious health condition, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis for planned medical treatments, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the County's operations. When an employee takes intermittent or reduced work schedule leave for the employee or employee's family member and for foreseeable planned medical treatment, the County may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified if the alternative position would better accommodate the intermittent or reduced schedule. Requests for FMLA Leave All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the Human Resources Department as soon as the employee knows that leave will be needed. An employee does not need to expressly assert his/her FMLA rights for an absence to be covered by FMLA. However, sufficient information must be provided for Human Resources to determine if the leave qualifies for FMLA protection and the anticipated timing and duration of the leave. If sufficient information is not provided, Human Resources will contact the employee to inquire further as to the reason for the leave. Within five business days after the employee has provided this notice of the need for FMLA leave, the Human Resources Department will complete and provide the employee with the Department of Labor Notice of Eligibility and Rights and Responsibilities form. The employee will be provided the Request for Family/Medical Leave form and submit it to the Human Resources Department. The employee will be provided the FMLA Policy. When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the employee's or family member's serious health condition, the employee must provide the County with at least 34 days 17 advance notice, or such shorter notice as is practicable (it is expected that an employee will give notice to the employer within no more than one or two working days of learning of the need for leave, except in extraordinary circumstances). (i.e., of the Reed fer the leave). When the timing of the leave is not foreseeable, the employee must comply with the County's usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. Required Documentation When leave is taken to care for a family member, the County may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document). An employee shall be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee's or a family member's serious health condition. Medical certification forms (Department of Labor Certification of Health Care Provider for Employee's Serious Health Condition form) are available in the Human Resources Department. The employee's job description to include the essential functions/physical requirements should be furnished to the health care provider completing the Certification of Health Care Provider for Employee's Serious Health Condition form. The employee must respond to such a request for medical certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of leave or continuation of leave. During FMLA leave, the County may request that the employee provide recertification of a serious health condition at intervals in accordance with the FMLA. In addition, on a basis that does not discriminate against employees on FMLA leave, the County may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. In add;tieR, dwFiRg P.41—A. leave, the empleyee must prGyide t4e 'COURtWith pe•Fi9diGFepeFts r-e'g@FdiAgthe empleyen's status and intrin+f� . The County may provide the employee's health care provider with the employee's attendance records and ask whether the need for leave is consistent with the employee's serious health condition. If the employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the County with reasonable advance notice as soon as practicable `i.e., Within " business days) of the employee's changed circumstances and new return to work date. If the employee gives the County notice of intent not to return to work, the employee will be considered to have voluntarily resigned. If the employee voluntarily terminates his/her employment while taking leave covered by FMLA, the County's FMLA obligations to the employee cease. The County has the right to ask for a second medical opinion. The County will pay for any such second medical opinion necessary. Arrangements are coordinated through the Human Resources Department. Certification of Military Family Leave: 1. Qualifying Exigency - To certify a qualifying exigency for military FMLA leave, the County will require certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of leave or continuation of leave. Qualifying exigency forms (Department of Labor Certification of Qualifying Exigency for Military Leave form) are available in the Human Resources Department. 2. Military Caregiver Leave - To certify a serious injury or illness of the covered service member or veteran, the County will require certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification forms (Department of Labor Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave" form) are available in the Human Resources Department. Other types of certification may include providing a copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization (ITA) issued to any member of the covered service member's family. Alternatively, documentation of enrollment in the VA Program of Comprehensive Assistance for family caregivers is sufficient, but the County may require additional information in accordance with the federal regulations. FMLA leave may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. The Human Resources Department is responsible for reviewing and maintaining all medical documentation including medical certifications and doctor's notes. All records related to an employee's medical condition are strictly confidential and may be discussed only with those who have a bona fide need to know. Use of Paid or Unpaid Leave FMLA provides eligible employees with up to 12 (or 26) workweeks of unpaid leave. Therefore, FMLA leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and the employee's accrued paid leave available. An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must use any qualifying paid leave prior to being eligible for unpaid leave. Qualifying paid leave is leave that would otherwise be available to the employee for 19 the purpose for which the FMLA leave is taken. The remainder of the 12 (or 26) workweeks of leave, if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be charged against an employee's entitlement to FMLA leave. The substitution of paid leave for unpaid leave does not extend the 12 (or 26) workweek leave period. An employee who is taking leave for the adoption or foster care of a child must use all paid annual and personal leave prior to being eligible for unpaid leave. An employee who is using military FMLA leave for a qualifying exigency must use all paid annual and personal leave prior to being eligible for unpaid leave. An employee using FMLA military caregiver leave must use all paid annual, personal, or sick leave (as long as the reason for the absence is covered by the sick leave policy) prior to being eligible for unpaid leave. Designation of Leave Within five (5) business days after the employee has submitted the appropriate certification form, the Human Resources Department will provide the employee with a written response to the employee's request for FMLA leave (using the Department of Labor Designation Notice). The County may provisionally designate the employee's leave as FMLA leave if the County has not received medical certification or has not otherwise been able to confirm that the employee's leave qualifies as FMLA leave. Sick leave may be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established policy. Leave for the birth of a child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. If the employee has leave to be counted as FMLA leave, the employee must notify the Human Resources Department within 7 hurinorr .--.« as soon as practicable of the employee's return to work that the leave was for an FMLA reason. If an employee takes paid leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the County may designate all or some portion of related leave taken as FMLA leave, to the extent that the earlier leave meets the necessary qualifications. Maintenance of Health Insurance Benefits and other Benefits During FMLA leave, an employee is entitled to continued group health plan coverage at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee's family member or a circumstance beyond the employee's control, the County will require the employee to reimburse the County the amount it paid for the employee's health insurance premium during the leave period. 20 To the extent that an employee's FMLA leave is paid, the employee's portion of health insurance premiums will be payroll -deducted from the employee's paycheck. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. If the employee's payment of health insurance premiums is more than 30 days late, the County may discontinue health insurance coverage for the duration of the leave upon at least 15 days' notice to the employee prior to the employee's loss of coverage. If the employee contributes to a life insurance plan, disability plan, or any other voluntary contributions to benefit plans, the County will continue making payroll deductions while the employee is on paid FMLA leave. While the employee is on unpaid FMLA leave, the County will discontinue coverage during the FMLA leave. Upon the employee's return from FMLA leave, payroll deductions will recommence. Return to Work From Approved Leave Upon the return to work from approved FMLA leave that was twelve (12) workweeks or less in duration, the employee will be restored to the position of employment held by the employee when the leave commenced or restored to an equivalent position with equivalent status, benefits, pay, and other terms and conditions of employment. An employee that takes FMLA leave that was twelve (12) workweeks or less in duration may be required to provide a fitness for duty clearance from the health care provider stating that the employee is able to resume work and/or if there are any limitations. This requirement will be included in the employer's response to the FMLA request. An employee's return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. Limitations on Reinstatement An employee is entitled to reinstatement only if he/she would have continued to be employed had FMLA not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force, or other reason, the employee would not be employed at the time job restoration is sought. The County reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid ten (10) percent of the County's employees employed within 75 miles of the worksite ("key employees") if such denial is necessary to prevent substantial and grievous economic injury to the County's operations. 21 Failure to Return to Work Following FMLA Leave If the employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The County may recover health insurance premiums that were paid on behalf of the employee during an unpaid FMLA leave except that the County's share of such premiums may not be recovered if the employee fails to return to work because of other circumstances beyond the employee's control. In such cases, the County may require the employee to provide medical certification of the employee's or family member's serious health condition. Additional Information For further information or clarification about FMLA leave, please contact the Human Resources Department. Section 5.14 (Adopted April 1, 2015, Revised July 1, 201 SJ Recognition Leave All personnel are eligible to receive leave hours for the purpose of such instances as the recognition of service to the County, in conjunction with the promotion of or participation in safety, health, or wellness initiatives, or for any other purpose approved by the County Administrator. Recognition leave is intended to provide employees paid leave separate and apart from his/her other available paid leave types. For the purpose of the recognition of five years of service milestones of regular full-time and regular part-time employees (those working between 20-29 hours per week on a regular basis are eligible; those working on an on-call/intermittent/temporary/or seasonal basis are not eligible), with the County, the following schedule will apply: Years of Number of Recognition -Leave Hours 5 4 10 8 15 12 16 25 < 30 1 20 1 24 Recognition leave is non -cumulative, must be taken within 90 calendar days of it being granted, and any remaining balance thereof shall be forfeited at the end of the 90 calendar day period. Any recognition leave shall not be paid upon separation of employment, is non-transferrable, and is not compensable in the form of monetary compensation in lieu of paid leave time. Use of recognition leave hours must be scheduled and 22 approved in advance by the employee's immediate supervisor. Recognition leave shall be granted to an employee for a specific purpose by the Human Resources Department upon approval of the County Administrator or his/her designee. The Human Resources Department shall inform the employee's department director that such recognition leave has been granted. 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, Revised July 1, 2018) Section 6.2 (Revised September 1, 2005; November 15, 2007; August 22, 2013; February 19, 2015; July 1, 2018) Tuition Reimbursement It is the intention of the Board of Supervisors to recognize, develop, and extend the skills of the County's workforce. It is the policy of the Board to encourage employees to enroll in college/university coursework that will lead to their professional growth, expansion of skills, and increased job competence. The Tuition Reimbursement Program provides reimbursement for successful completion of college/university coursework. Eligibility Regular full-time employees of the County who have successfully completed their initial probationary period are eligible to apply for tuition assistance. Such assistance is limited to six (6) semester hours per fiscal year (July 1 through June 30). Reimbursement is dependent upon the availability of funds. Coursework must be directly related to the assignment of the employee and must be approved by the Department Director prior to submission to Human Resources for approval. Application for tuition assistance must be made to Human Resources for approval prior to registering or enrolling in coursework. Course approval will not be granted after the first class session. Coursework approval is nontransferable; each course requires a separate application. Employees may be reimbursed for tuition costs only, at an accredited college or university, upon successful completion of the course. Reimbursement will be a maximum of $300 per credit hour for no more than six (6) credit hours per fiscal year; thus, the maximum tuition reimbursement an employee will receive in any given fiscal year will be 23 $1,800. Successful completion shall mean the attainment of a minimum of a "C" or its equivalent for undergraduate -level coursework, or a minimum of a "B" or its equivalent for graduate -level coursework. Qualifying Course and Subiects Tuition assistance will be provided only when the coursework is directly related to the employee's current position, or is a requirement for an Associate's, Bachelor's, or Master's degree in a field directly related to the employee's present job or promotional objective. Class Hours Classes should not be taken during an employee's work hours unless the employee has obtained permission from the Department Director to use earned annual leave or compensatory time. Requirements for Reimbursement This benefit is a reimbursement program. The employee must pay the full tuition to the institution upon registering for coursework. Requests for reimbursement must be submitted along with an official transcript within thirty (30) days of completion of the course. Reimbursement for coursework will only be made to the employee upon receipt of an official transcript and verification of payment in full to the college or university. General Considerations As a condition of receiving tuition reimbursement, an employee will be required to sign an agreement whereby, in the event the employee separates from the County's employ within one (1) year after FeGeipt-moi tuitien a«istanGe a tuition reimbursement payment is made, he/she will be required to repay all funds expended by the County within the one- year period. This will be collected from the separating employee via payroll deduction if possible and if not possible, the separating employee must repay the County within sixty (60) days of his/her last day of employment. If the former employee fails to de se repay the funds, the County will pursue collection in the same manner and by the same means as it would collect other debts and deem the former employee ineligible for rehire. Availability of funding for the Tuition Reimbursement Program may be suspended at any time. Section 6.7 (Revised July 1, 2018) 24 Em to ee Service Awards The County realizes the value of having a long-term and dedicated work force. In recognition of the value of the effort, time, and ability of County employees, the County has established a system of acknowledging and rewarding employees for their years of service to the County. Regular full-time and regular part-time employees (those working between 20-29 hours per week on a regular basis are eligible; those working on an on-call/intermittent/temporary/or seasonal basis are not eligible) shall be recognized and rewarded for their years of service with Isle of Wight County in accordance with the following schedule: a. Five Years of Service b. Ten Years of Service c. Fifteen Years of Service d. Twenty Years of Service e. Twenty-five Plus Years of Service Section 6.10 (Effective July 1, 2018) Virginia Local Disability Program VLDP —Virginia Retirement System Hybrid Plan Members Short-term Disability Regular, full-time employees who are Virginia Retirement System (VRS) Hybrid Plan members: 1. Under the Virginia Local Disability Program (VLDP), short-term disability is a component of the VRS Hybrid Plan that provides, in most cases, income replacement at 60% of the employee's base pay when an employee is unable to work due to an illness, injury, or disability. All full-time hybrid employees are required to participate in the short-term disability program at no cost to them. 2. The maximum short-term disability period is 125 workdays. The 125 - workday period is based on a Monday- Friday workweek and includes paid holidays. If an employee is still disabled after 125 workdays, he or she may be placed on long-term disability, as determined by the third party administrator for the VRS VLDP. 3. Upon meeting the criteria for the short-term disability benefit, short-term disability begins after seven (7) calendar days from the first day of the disability. During the seven -calendar day waiting period, employees may use sick leave or other eligible leave to cover the absence from work. Employees may also use eligible leave to offset a reduction in income replacement when using short-term disability, may not exceed 100% income replacement. Short-term Disability 13-59 0 60-119 _ 25 120-179 25 180 or more 25 Long-term Disability Benefits for Hybrid Employees Workdays of Months of Income Continuous (Replaced at Service 100%) Less Than 12 0 13-59 0 60-119 _ 25 120-179 25 180 or more 25 Long-term Disability Benefits for Hybrid Employees Workdays of Workdays of Income Income (Replaced at (Replaced at 80%) _ i 60%) J 0 0 0 125 75 25 50 50 75 25 Regular, full-time employees who are Virginia Retirement System (VRS) Hybrid Plan members: 1. Under the Virginia Local Disability Program (VLDP), long-term disability benefit begins after 125 workdays of short-term disability. The third party administrator will be responsible for determination of eligibility and payment to the employee directly for any long-term disability benefits that they are eligible for. if approved, the employee will receive income replacement at 60`,x. of the employee's pre -disability income. ARTICLE X Recruitment and Selection (Revised October 6, 2005; February 13, 2007, July 1, 2018) Section 10.3 (Revised July 1, 2018) Disqualification of Applications An applicant may be removed from consideration for employment by the County because of any of the following list of non-exclusive reasons hoTre/5he: a. he/she does not meet the minimum qualifications established for the position; b. he/she has a disability that would prevent satisfactory performance of the duties of the position; C. he/she has made false statements of material fact or practiced deception in his/her application; d. he/she is addicted to the use of controlled substances or intoxicating liquor; e. he/she has an unsatisfactory employment record of such a nature so as to demonstrate unsuitability for employment; F he/she has been convicted of criminal conduct; or 9. he/she has failed to submit the a completed employment application and any required documentation within the prescribed time limit; or 26 h. he/she does not satisfactorily meet all background check requirements; or i. he/she does not satisfactorily pass any pre-employment medical and/or substance abuse testing. ADJOURNMENT At 6:30 p.m., Chairman Jefferson declared the meeting adjourned. Car JMlls Storm, Clerk 7 Rudolph Je ferson, Chairman