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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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:
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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