A: Standard Workweek

The standard workweek for Buncombe County employees shall be from 8:30 A.M. until 5:00 P.M., Monday through Friday with one (1) hour permitted for lunch. With the exception of law enforcement which shall be an assigned shift with accumulation of those hours required in an approved FLSA work schedule with time permitted for meals during the respective shift. Department heads shall work the hours necessary to ensure the satisfactory performance of their departments, but not less than the standard work period established by the County for their department. When the activities of a particular department require some other schedule to meet the work needs, the County Manager or corresponding appointing authority may authorize a deviation from the established standard schedule.

B: Flex-time Workweek

County employees have the ability to deviate slightly from the Standard Workweek as established in Article V., Section 1, subsection A. Employees may initiate a flexible daily work schedule. Employees who elect a flex-time schedule, must do so with department head approval and must exercise a consistent schedule for no less than three (3) month intervals.

Section 2. Gifts and Favors

A. No official or employee of the County shall accept any gift, whether in the form of a service, a loan, a thing of value, or a promise from any person, firm, or corporation that, in the employee's knowledge, is interested directly or indirectly in any manner whatsoever in business dealings with the County.

B. No official or employee shall accept any gift, favor, or thing of value that may tend to influence that employee in the discharge of duties.

C. No official or employee shall grant any improper favor, service, or thing of value in the discharge of duties.

Section 3. Conflict of Interest Policy

A. It shall be the duty of all Buncombe County employees to recognize and report to the County Manager, and/or Personnel Director or corresponding appointing authority, any and all part-time employment opportunities or formal intent in any outside undertaking that may be considered a conflict of interest in their employment with Buncombe County Government.

1. All requests for employment opportunities outside of employees' normal County jobs, or any financial interest or relationship an employee may have in any outside venture, should be approved in advance by the County Manager, and/or Personnel Director or corresponding appointing authority.

2. Other incompatible activities include, but are not limited to, acceptance of a favor, pay, gift, payment or expenses, or any other thing of monetary value under circumstances in which acceptance may result in or create the appearance of conflicts of interest.

B. It shall be the policy of Buncombe County that no manager, department head, supervisor or any employee may use their position, or the knowledge gained therein, in such a manner that a conflict between Buncombe County's interests and their personal interests should arise. Both the fact and the appearance of the conflicting interests are to be avoided.

1. An employee is prohibited from having a direct or indirect formal interest that conflicts substantially with his/her Government duties and responsibilities; or, from joining in, directly or indirectly, a formal transaction as a result of, or primarily relying upon, information obtained through his/her Government employment.

2. Employees should refrain from transmitting any knowledge of County considerations or decision, or any other information which might be prejudicial to the interest of the County, to any person other than in connection with the discharge of their official responsibilities.

C. Adherence to this policy, as herein above set out, is a condition of employment. Failure to comply may result in disciplinary action, up to, and including termination of employment.

Section 4. Political Activity Restricted

A. Every employee of Buncombe County has a civic responsibility to support good government by every available means and in every appropriate manner. Any employee may join or affiliate with civic organizations of a partisan or political nature, may attend political meetings, may advocate and support the principles or policies of civic or political organizations in accordance with the Constitution and the laws of the State of North Carolina and by the Constitution and the laws of the United States of America. However, while on duty, no employee of Buncombe County shall:

1. Engage in any political or partisan activity;

2. Use official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;

3. Be required as a duty or a condition of employment, promotion, or tenure of office to contribute funds for political or partisan purposes;

4. Coerce or compel contributions for political or partisan purposes by another employee of the County; or

5. Use funds, supplies, or equipment of the County for political or partisan purposes.

B. Employees subject to the Hatch Act (see definitions Article I, Section 3) may not be candidates for elected office in a partisan election.

C. Any violation of this section may subject such employee to dismissal or other disciplinary action.

Section 5. Employee Harassment (Hostile Work Environment)

A. Policy

Buncombe County expressly forbids harassment of employees because of age, race, sex, color, religion, handicap, national origin or political affiliation. Even in mild form, such harassment constitutes unacceptable personal conduct, and is subject to disciplinary action. More serious instances of harassment shall carry more serious penalties, up to and including dismissal. Sexual harassment of employees by supervisors or co-workers is forbidden in any form.

B. Coverage

All employees of the County are covered by this policy.

C. Definitions

1. Harassment is behavior based on age, race, sex, color, religion, handicap, national origin, or political affiliation that offends another employee.

2. Sexual harassment is defined by federal guidelines as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one or more of the following occur:

a. Submission to such conduct is made, either explicitly or implicitly, a term or a condition of an individual's employment,

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

c. Such conduct has the purpose or the effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

D. An employee who believes he or she may have a complaint of harassment may pursue four alternative complaint procedures. If the complaint concerns allegations of sexual harassment, in order to be pursued, it is required by federal law to be filed within 180 days of the time of the alleged incident.

E. The following alternatives shall apply:

Alternative 1. The employee should tell the person who is offending him/her that the behavior is offensive and should stop. (Because offensive behavior often is not intended as harassment, letting the individual know that the behavior is offensive and instructing him/her to stop shall often resolve the problem.)

Alternative 2. The employee should notify his or her immediate supervisor of the situation. The immediate supervisor is responsible for investigating the situation and taking corrective action.

Alternative 3. If the complaint of harassment is against the immediate supervisor, the employee should report the situation to the department head. The department head is responsible for investigating the situation and taking corrective action. If the allegation is against the department head, the complaint should be reported to the Personnel Director, who shall then assume responsibility for investigating the situation and recommending appropriate corrective action to the County Manager.

Alternative 4. If at any point in the process the employee prefers to do so, he/she may report the situation to the Assistant County Manager, County Manager, or Personnel Director, who shall then assume immediate responsibility for investigating the situation and recommending appropriate corrective action to the County Manager.

F. If the allegation of harassment is against the County Manager or an elected official, the complaint should be filed with the Chairman of the Board of County Commissioners, who shall personally investigate the complaint, or designate a representative to conduct the investigation and advise the employee and Board of County Commissioners on the outcome of the investigation.

Section 6. Outside Employment

The work of the County shall take precedence over other employment interests of employees. All outside employment for salaries, wages, or commission, and all self-employment must be reported in writing to the employee's department head before such work is to begin. The department head, corresponding appointing authority, or the Personnel Director shall determine whether the outside work would create a conflict of interest or otherwise be incompatible with County service. The assumption of outside employment without prior approval by the Department Head may be deemed improper conduct and subject the employee to disciplinary action, up to and including dismissal.

Section 7. Limitation of Employment of Relatives

A. No two members of an immediate family shall be employed within the same department if such employment shall result in one member supervising the other or in one member occupying a position that has influence over the other's employment, promotion, salary administration, or related management or personnel considerations.

B. The term "immediate family" means an employee's wife, husband, mother, father, guardian, son, daughter, brother, sister, grandchild, and grandparent, as well as the various combinations of half, step, in-law, and adopted relationships that can be derived from the family members named herein.

C. The provisions of this section shall not be retroactive, and no action shall be taken concerning those members of the same family employed in conflict with Subsection A before the adoption of this policy.

D. The Board of County Commissioners shall approve the appointment by the Sheriff, Tax Collector, or Register of Deeds of a relative by blood or marriage of nearer kinship than first cousin, as required by Chapter 153A?103(1) of the North Carolina General Statutes.

E. *The Board of County Commissioners shall approve the appointment by the County Manager of his/her immediate family members as defined in Subsection B.

Section 8. Performance Evaluation and Development Program

A. Purpose:

To establish and maintain an equitable performance evaluation and development program that defines and improves the performance level of all employees in permanent full and part-time positions in order to advance the organization's goals.

B. Objectives:

1. Communications - To create and maintain an atmosphere for open and frank communications between supervisors and employees concerning job performance and expectations; to ensure that feedback is provided on a regular, on-going basis between supervisors and employees; and to ensure that all employees have the opportunity to discuss and understand organizational goals and expectations.

2. Performance Improvement: - To regularly discuss the job performance of all employees based on job-related criteria; to identify during that discussion both accomplishments and areas for performance improvement for each employee; to discuss specific plans for those areas in which performance improvements can be made.

3. Employee Development - To provide information which can be used jointly by supervisors and employees to determine appropriate training needs and resources. To discuss and identify how employees can prepare for potential advancement opportunities where appropriate.

4. Personnel Actions - To provide background information and documentation for consideration in conjunction with any personnel actions that may occur, such as promotions, reductions in force, discipline, dismissals, transfers, etc.

5. Recognition and Rewards - To establish a system whereby employees receive recognition and appreciation when it is earned.

C. System

1. Occupational Groups - All position classifications of the County have been assigned to an occupational group to allow for more specific performance criteria. These occupational groups are found in the Appendix to this document.

2. Performance Standards - Performance standards were developed in occupational groups by representative employees in that group and representative supervisors who use the forms. The forms cover all employees of the County in permanent full and part-time jobs. Performance standards are based on the following criteria:

a. Clearly job-related.

b. Stated in terms of behavior that can be observed.

c. Specific and descriptive of the behavior.

d. Focused on results/outputs, not inputs.

e. Measurable when possible and feasible.

3. Supervisory Supplement - A supplemental form is available to help focus on the supervisory aspects of an employee's job. Where employees have significant responsibility for supervising other employees (including conducting performance evaluations), this form should be used along with the appropriate occupational forms.

4. Lead Worker Supplement - A supplemental form is available to help discuss the leadworker performance for employees who have such responsibilities. Leadworker tasks are those involved in training, assigning, and reviewing the work of co-workers when the employee is not the direct supervisor, and therefore, many of the Supervisory Supplement elements are not applicable.

D. Responsibilities

1. County Commissioners

a. Approve Policy guiding the system;

b. Provide funding for training;

c. Respect and support the internal chain of command in administering the Performance Appraisal Program;

d. Conduct performance evaluations with their appointees; and

e. See that other County boards conduct performance evaluations with their appointees.

2. County Manager

a. See that policies are effectively implemented;

b. Conduct performance evaluations with employees under his or her direction;

c. Ensure that the system is working effectively within the organization;

d. Ensure that all employees receive a performance evaluation;

e. Recommend resources necessary to support the training and other system needs;

f. Communicate with other Boards concerning their roles and how the system works; and

g. Work with elected officials to encourage effective use of the system.

3. Department Heads

a. Support and promote the system insuring that policies and objectives are effectively implemented;

b. Create an environment to ensure that the performance evaluation process is an open, two-way discussion between employees and supervisors about the employees' performance;

c. Develop new departmental goals as a result of performance evaluation conference agreements;

d. Conduct performance evaluations with their employees;

e. Monitor the system and make recommendations for needed changes;

f. Review the use of the system across divisions and work units to ensure consistency; and

g. Motivate managers and supervisors to conduct effective evaluations.

4. Supervisors

a. Conduct performance evaluations on schedule;

b. Link performance evaluation discussions and content to identified departmental and County outcomes;

c. Learn and use the process and tool effectively;

d. Ensure on-going feedback and documentation so performance evaluation is accurate and there are "no surprises;"

e. Coach and assist employees in personal and professional development and performance improvement;

f. Be equitable, honest, and consistent in use of the system; and

g. Assign weights of performance categories in discussions with employees at the beginning of the performance period.

5. Employees

a. Make suggestions for improving the system to the supervisor;

b. Follow the chain of command in addressing concerns about individual performance evaluations; and

c. Actively participate in discussion in the performance evaluation conference.

6. Resource Director

a. Provide effective training necessary for program success;

b. Provide continuous and refresher training as necessary;

c. Evaluate the training for effectiveness; and

d. Request necessary funds and resources to support training programs and evaluation of the system.

7. Personnel Director

a. Monitor effective use of policies and procedures related to the system;

b. Coordinate appeals and provide internal consultation on appeal resolutions where appropriate;

c. Send out monthly schedule of evaluation dates to departments and follow up to ensure all evaluations are conducted;

d. Monitor use of system across departmental lines and provide analysis and feedback on consistency issues; and

e. Evaluate the performance evaluation system for effectiveness in achieving identified objectives.

8. Other Boards and Elected Officials

a. Evaluate their appointees or staff;

b. Participate in training in use of the system; and

c. Understand the concepts of the Performance Evaluation and Development Program.

E. Rating System

1. Important Note. The purpose of the performance evaluation form is to help the supervisor:

a. Focus on job-related criteria;

b. Review the whole period (six months or a year), not just most recent months;

c. Give feedback on relevant aspects of the employee's performance;

d. Document the performance evaluation; and

e. Think through a logical decision on the overall performance rating. The numerical summary at the end of the form is only one indication of performance; other important aspects for consideration may only be found in the summary comments. When the overall performance rating differs from the final score, that difference shall be documented and justified. The supervisor is expected to use reasoned logic and good judgement in determining the overall rating of performance. Employees should be rated using performance standards.

2. Numerical Weighting System - Each performance factor will be weighted. All performance categories should total 100 percent. The weighting system is designed to recognize that some categories may be more important than others. These weightings may vary from job to job, even within the same classification. Weights should be determined at the beginning of the performance period.

3. Performance Categories and Numerical Ratings - The rating of the respective performance factors are to be earned at one-half number increments (i.e.: 0.00, 0.50, 1.00, 1.50, etc.). The performance of employees shall be rated in one of the following categories and earn the corresponding numerical rating:

a. Outstanding - Fully meets all job requirements identified for the position. In addition, performance consistently and significantly exceeds job requirements in important aspects of work. Work is performed at a sustained high level of proficiency. The employee also expands the scope of tasks and responsibilities or the amount of work performed resulting in increased productivity for the work unit.

The employee accomplishes the most difficult and complex assignments with minimal direct supervision and maximum quality. Specific examples of such performance are readily available.

b. Exceeds Standards - Fully meets all major job requirements identified for the position in a competent manner. In addition, performance frequently exceeds job requirements in several areas. Direct supervision is required only for special or unusual assignments or problems.

c. Meets Standards - Fully meets all major job requirements in a competent manner. The employee may occasionally exceed some job requirements. Accomplishes duties in a reasonable and consistent manner demonstrating full proficiency in the job. If there are occasional lapses in performance, they do not create any substantial problems for the organization, nor have any major impact on service delivery. Normal supervision is required.

d. Needs Improvement - Performance meets job requirements in important categories at least marginally. However, performance is inconsistent or unreliable in one or more job categories. The employee needs to improve proficiency to more fully meet the needs for which the position was established. Remedial attention, close supervision, and additional performance review(s) may be required.

e. Fails to Meet Standards - Performance is inconsistent and one or more major job requirements are not met. Work tasks are not performed or must be repeated due to low quality. Remedial attention and close supervision are required. Failure to correct performance deficiencies in an appropriate amount of time may result in suspension, demotion, or dismissal. A rating at this level should be coordinated with the progressive disciplinary process. In no case should an employee's performance remain in the "Fails to Meet Standards" category for more than six months.

F. Procedures

1. Performance Evaluation Conferences - Performance evaluation conferences with all County employees will be conducted before the employee's anniversary date. Performance evaluation conferences will be conducted by the employee's supervisor who may also be accompanied by the person at the next level of supervision. The conference will encompass the period of time from the last conference to the present.

2. Performance Evaluation Dates - Performance evaluation dates will be the date the employee completes or completed original new hire probation. Evaluation dates will remain unchanged by reclassification, promotion, or salary range assignment.

3. Probationary Performance Evaluation Conferences - Probationary performance evaluations of new employees will be conducted at the end of the probationary *period. Employees who serve more than a six month probationary period will also participate in a performance evaluation after six months and at the end of their probationary period. Additional conferences may be held at the supervisor's discretion. An employee must receive a rating of no less than "Meets Standards" in order to move from probationary to permanent status. An employee whose performance fails to meet standards but shows clear promise of successful performance may have the probationary period extended in accordance with applicable personnel policy. This provision in no way restricts the County from dismissing an employee whose performance or conduct is considered unsatisfactory at any point in the probationary period.

*Revision 6/27/2000

4. Performance Evaluation Forms - Departments/divisions may update and revise performance evaluation forms as needed to maintain current and accurate performance criteria. When forms cover more than one department, the Personnel Director will coordinate the effort. The evaluating supervisor shall be responsible for notifying the department head through appropriate channels when changes are needed. Department heads are responsible for initiating changes due to changes in position classifications. All revisions must be reviewed by the Personnel Director and approved by the County Manager. Revisions will be reviewed for the degree to which they are objective, observable, and job related performance criteria.

5. Changes in Supervision - When a change in an employee's supervisor is eminent due to promotion, transfer or other action of the employee or supervisor, the current supervisor should conduct an interim performance evaluation including meeting with the employee and completing all necessary forms. This provision is effective whenever the employee has worked with the existing supervisor 90 days or more of the employee's current evaluation period. The interim performance evaluation information should be considered by the new supervisor, along with performance observed and documented by the new supervisor in determining the employee's overall rating for the performance period.

In addition, when there is a change in supervision, the new supervisor and employee should jointly review the employee's performance standards and goals, discuss meanings of words and expectation, and set priorities.

6. Documentation - All performance evaluation forms will be signed by the employee, supervisor, intermediate levels of supervision, and department head and forwarded to the appropriate Personnel Department with any accompanying memoranda or other documentation for review and filing. The employee shall be given a copy of the forms and other documents to keep after all signatures and comments have been completed.

All relevant sections of performance evaluation forms, including all signatures, will be completed by the appropriate person prior to processing the forms.

7. Appeals - Any employee who believes that his or her performance rating is unfair or inaccurate may appeal by using the County's established grievance procedure, a copy of which may be obtained from his or her supervisor, department head, or the appropriate Personnel Department.

Section 9. Drugs at the Workplace Prohibited

Any location at which County business is conducted, whether at this or any other site, is declared to be a drug-free environment. Workplace is defined as the site for the performance of work done and includes any Buncombe County building, premises, or vehicle.

A. All employees are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, partaking, possessing, or using any controlled substance or alcohol in the workplace, or reporting to work under the influence of any controlled substance or alcohol, except medications prescribed by a licensed health care provider and certified by said provider not to constitute a workplace hazard.

B. As a condition of employment, any employee violating this policy is subject to discipline, for failure in personal conduct, up to and including termination for the first offense.

C. To assist employees in overcoming drug abuse problems, the county may offer rehabilitative help through our Employee Assistance Program and shall periodically provide supervisory and employee training to assist in identifying and addressing illegal drug use by employees.

D. Any employee convicted of violating a criminal drug statute in this workplace must inform the Personnel Director of such conviction within five days of the conviction. Failure to so inform the County shall result in disciplinary action, up to and including termination for the first offense.

E. The County reserves the right to offer employees convicted of violating a criminal drug statute in the workplace participation in an approved rehabilitation or drug abuse assistance program as an alternative to discipline. If such a program is offered, and accepted by the employee, then the employee must satisfactorily participate in the program as a condition of continued employment.

Section 10. Applicant Drug Screening through Urinalysis

As a public employer, the County of Buncombe is entrusted with the health and safety of its citizens. In keeping with this obligation and as a condition of employment, prior to the offer of employment, the applicant shall be required to submit to a urinalysis drug screening procedure for the purpose of screening for the presence of illegal drugs or an abusive level of prescribed medication. It shall be the policy of the County of Buncombe that a negative result from this screening is a condition of employment. A confirmed positive test result indicating the presence of illegal drugs or an abusive level of prescribed medication, shall result in a rejection of the applicant for employment and shall bar the applicant from securing employment with the County of Buncombe for at least one calendar year.

A. Drug Screening results shall be held in the strictest confidence. Applicants who are tested shall be provided with a copy of the test results if requested. Specimens shall be checked by a lab utilizing strict chain of custody procedures.

B. Drug Screen testing shall be limited to the top finalist upon completion of the employment selection process.

C. All individuals applying for employment with the County of Buncombe must sign the Drug Screening Through Urinalysis Applicant consent Form for drug screen testing.

D. Applicants who refuse to sign the Drug Screening Through Urinalysis Applicant Consent Form shall not be considered for employment.

E. This applicant drug testing through urinalysis policy shall be posted and prominently displayed in the Personnel office where applications are obtained and processed.