Article II Employee Responsibilities

Punctuality is expected and required of all employees. Employees should call their supervisor or the supervisor's designee if they are not able to work due to illness or they will arrive late. The employee should call as soon as possible, but no less than one (1) hour before their starting time. Unless instructed otherwise, the employee should call in each day of absence, unless the employee is on an approved Leave of Absence and speak directly with their supervisor or the supervisor's designee. They may be asked to leave a phone number where they can be reached throughout the day in case work-related questions arise. Voice mail messages do not fulfill this responsibility. If a voice mail message must be left, the employee should call back later and actually speak to the supervisor.

Employees who are absent three (3) or more consecutive days must present a physician's statement releasing the employee to return to work to their supervisor or the supervisor's designee. The statement must indicate that the employee was unable to work the entire length of the absence, along with the date the physician allowed the employee to return to work. The County may request a physician's statement for shorter absences based upon circumstances.

The County has a "no call - no show" policy. An employee who does not call in to report their absence or who does not report for work as scheduled is subject to immediate termination, even if they attempt to return to work on their next scheduled workday. Any employee who fails to call in or report for work for three (3) consecutive days will be considered to have abandoned their position and deemed to have voluntarily resigned.

Being punctual means being at the workstation or assignment and prepared to work at the designated starting time.

§ 11-2-3 Inclement Weather and Extreme Conditions.

Excessive or frequent tardiness, absence or failure to give proper notice to the supervisor will be grounds for disciplinary action, up to and including termination.

During periods of inclement weather, the County expects employees to make every reasonable effort to arrive for their work schedule as assigned. If an employee does not report to work due to weather conditions, the employee may choose to be paid from accrued vacation or compensatory time or take the day as unpaid. If an employee arrives after their scheduled start time, due to weather conditions, they will be paid for the entire day. If an employee is not scheduled to work on a day of inclement weather, the employee is only entitled to what was previously scheduled (i.e., vacation, compensatory time, unpaid time).

If conditions are serious enough to make travel unsafe or extreme conditions warrant closing County offices, the County will release employees before the end of regular business hours. If such a situation occurs, the County Board will make the determination to close County offices and notify Department Heads. When this occurs, an employee will be paid for the remainder of the hours they were scheduled to work that day. Due to the nature of their work Emergency Medical Services employees will not be released before the end of their regular scheduled shift, and, depending upon the circumstances, may be required to work additional hours.

§ 11-2-4 Conflict of Interest.

The County strives to operate within the letter and spirit of all laws applicable to County operations. Ethical conduct means not only observing the law, but also conducting business so that the County will deserve and receive recognition as a law-abiding entity. The term "conflict of interest" describes any circumstances that could cast doubt upon an employee's ability to act with total objectivity with regard to the County's interest.

No undisclosed or unrecorded fund or asset of the County or its subsidiaries shall be maintained or established for any purpose. No false or artificial entries shall be made on the books or records of the County for any reason. No payment on behalf of the County shall be made or approved with the understanding that it will or might be used for something other than the stated purpose.

The County prohibits employees from accepting gifts or services of tangible value (over $100.00) or other compensation that is prohibited by the Illinois Gift Ban Act from individuals and/or businesses that conduct business with the County or seek to do business with the County.

New or existing business relationships, including investments in potentially conflicting outside enterprises, should be approved by the County Board.

§ 11-2-6 Non-Disclosure/Confidentiality.

In the cases stated in this policy, the conflict is clear. Other situations might arise which create less obvious conflicts. Because concealment creates suspicion, any doubtful situation or transaction should be disclosed to the County Board in writing.

§ 11-2-5 Outside Employment.

An employee may not be directly or indirectly employed by an employee other than the County in which the outside employment poses a real or apparent conflict of interest with their County duties, unless written permission is obtained from the County Commissioners or Board of Health.

If an employee accepts outside employment and it interferes with the performance of the employee's duties to the County, the employee will be asked to terminate the outside employment in order to remain with the County. This pertains to situations that would adversely affect or have the potential to adversely affect the County's proprietary position, in the County's opinion.

No employee may profit from confidential information obtained by the employee during the course of duties on behalf of the County. Employees may not disclose or discuss the County's confidential information with anyone outside the County without written permission of their supervisor. Under no circumstances are materials, documents or other information that are designated as confidential, proprietary, personal or restricted to be removed from the County's premises without the prior express permission of a supervisor. Employees' and co-worker's personal information (including, but not limited to, telephone numbers, addresses and Social Security numbers) is confidential and is prohibited from being shared.

Former employees have a continuing obligation to refrain from disclosing confidential information. This means that upon termination, of employment an employee must return all confidential materials to their supervisor and must continue to refrain from disclosing confidential information consistent with the Nondisclosure/Confidentiality/Conflict of Interest Agreement that is part of this handbook.[1]

At the beginning of employment with Monroe County, an employee must sign a Nondisclosure/ Confidentiality Agreement provided by the County. Pursuant to the terms of this Agreement, each employee is required to:

Keep confidential and use only for the purpose of the County's business, the County's proprietary and confidential information and materials.

§ 11-2-7 Technology, Email, Computers, Electronic Media.

Maintain in confidence and use only as permitted, third party proprietary and confidential information and materials.

The Nondisclosure/Confidentiality Agreement includes other terms and conditions related to the above.

Employees who improperly use or disclose confidential business information, or otherwise breach terms of the Agreement, are subject to disciplinary action, up to and including termination, even if they do not actually benefit from the disclosed information. If it is determined that an employee, or former employee, has divulged any confidential information regarding Monroe County or its taxpayers, the County will pursue the matter to the fullest extent permitted by law.

Also, if an employee is responsible for safe-keeping confidential materials (i.e. - personal identity information, health and dental insurance information, etc.) of employees or the public and such information is falsely obtained due to lack of following stated procedures, the employee will be subject to disciplinary action, up to and including termination, and the County will pursue legal recourse for resulting damages.

[1]

Editor's Note: The Nondisclosure/Confidentiality/Conflict of Interest Agreement is included as an attachment to this chapter.

County property. County communications systems, including, but not limited to, host computers, file servers, application servers, communication servers, mail servers, fax servers, Web servers, workstations, stand-alone computers, peripherals, laptops, PDAs, printers, telephones, cell phones, cameras, two-way radios/CB's and walkie-talkies, software, data files, voicemail, and all internal and external computer and communication networks (e.g. Internet, commercial online services, value-added networks, e-mail systems, text messaging, instant messaging), whether leased, owned, licensed, or operated by the County, or that may be accessed directly or indirectly through County equipment are the property of the County, as are all communications and information transmitted, received, or stored through or in those systems. All computer disks, computer software programs, computer records, and computer files and documents provided to you or created by you during your employment with the County are the exclusive property of the County.

No expectation of privacy. The use of County communications systems is available to you to assist you in performing your job. Your use of these systems is not private, notwithstanding that you may have a mailbox and a personal password, identifying code, or personal identification number. Accordingly, you should not have an expectation of privacy in anything you create, store, send, or receive on or through the County communications systems, except where that information is protected under specific statutes such as the Health Insurance Portability and Accountability Act ("HIPAA"), or privileged under the law. County communications systems are to be used only by authorized individuals.

Except where provided to the contrary by applicable law or privilege, all data found on or received by the County's computer email system is considered to be part of the official records of the County and, as such, is subject to disclosure to law enforcement or other third parties, including requests for information submitted to the County through the State of Illinois Freedom of Information Act (FOIA). Consequently, employees should ensure that business information contained in email messages and other electronic communications is accurate, appropriate, ethical and lawful.

Appropriate and inappropriate communication. The County recognizes that on occasion, you will utilize the County's communications systems for personal use. However, all such use shall be reasonable, limited to matters of significance, and shall not interfere with your regular employment duties. You are not to use the County's communications system for personal projects or outside work that is not related to County business without the advance express consent of your immediate supervisor. All communications over the County communications system must be consistent with conventional standards of ethical and proper conduct, behavior and manners and are not to be used to communicate, create, forward or display any illegal messages, or messages including photographs, graphics and audio materials that would violate the County's policies against harassment or discrimination. The following are examples of unacceptable communications or use of County communications systems:

Material that is fraudulent, sexually explicit, obscene, in furtherance of an illegal activity including gambling or otherwise unlawful or that is harassing (as defined by our anti-harassment policy), threatens, libelous or defamatory regarding fellow professionals, employees, residents, competitors or anyone else may not be sent or created on, displayed on, or stored in the County's communications systems or during employee working time. Users encountering or receiving this kind of material should immediately report the incident to their supervisor.

Without prior written permission from your supervisor or department head (or designees), reproduction, dissemination, or storage of commercial or personal advertisements, solicitations, promotions or political material or trade secrets of the County, residents, vendors or competitors. The reproduction, dissemination or storage of destructive programs (i.e., viruses or self-replicating code), or for any other unlawful use, including, but not limited to, any use that violates other County policies.

You may not deliberately perform acts that waste any of the part of the County's communications system or unfairly monopolize any of the County's communications system to the exclusion of others. These acts include, but are not limited to, excessively using the County's e-mail system or instant messaging for other than business-related communications, downloading and using instant messaging where such programs have not been provided by the County and without the County's authorization, sending multiple pictures using the County's e-mail system (unless specifically authorized to do so and business-related), sending mass mailings or chain letters, spending excessive amounts of time on the Internet, playing games, engaging in online chat groups, printing multiple copies of large documents, undertaking excessively large OCR scanning projects, or otherwise creating unnecessary network traffic.

Without prior written authorization from the County's IT service provider or its designee (or his or her designee), you may not do any of the following: (1) copy software for use on personal or home computers or other PDA's; (2) provide copies of software to any independent contractors or clients of the County or to any other third party; (3) install software on any of the County's workstations, servers or devices; (4) download any software from the Internet or other online service to any of the County's workstations, servers or devices; (5) modify, revise, transform, recast, or adapt any software; or (6) reverse-engineer, disassemble, or decompile any software. Any software intended for use on any of the County's communications systems must be installed and tested by County's IT service provider or its designee prior to its use. If you become aware of any misuse of software or violation of copyright laws you should immediately report the incident to your supervisor.

Sending, transmitting, or otherwise disseminating proprietary data, trade secrets, or similarly protected and confidential information of County, other non-public information regarding its residents, or other persons and entities with whom the County does business or serves is strictly prohibited unless expressly authorized by the County's Management ( or designee) or other owner of such information. Unauthorized dissemination of this information may result in substantial civil liability as well as criminal penalties and disciplinary action up to and including termination.

Transmitting any communication that hides or misrepresents the identity of the sender.

The County's policies against discrimination, harassment and retaliation and Social Media policies apply to the use of County communications systems.

Messages. You are responsible for the content of all text, audio, or images that you place or transmit via the County communications systems. Any messages that you place or transmit in the County's E-mail, instant messaging and voice mail systems must contain your name and should be drafted with the same care that you would take with any written documentation.

All messages placed in the County's E-mail, instant messaging and voice mail systems will be deemed the sole property of the County (even when an employee leaves the County) and may only be disclosed in accordance with the County's Confidentiality policy and on a County business-related need-to-know basis only. This does not prohibit employees from discussing terms and conditions of employment.

Use of e-mail or instant messaging. Always exercise caution to ensure that the address you use is absolutely correct for the intended recipient. Always exercise good judgment and common sense when creating and distributing messages for internal and external files.

Keep in mind that "deleting" or otherwise removing a message from a file does not mean that it has been erased from the County's data processing system. Backup copies of all documents, including E-mail and Instant Messaging correspondence, may be retained by the County.

Assume that all e-mails or instant messages you send will be printed and saved by the recipient, just as any other form of correspondence would be. Similarly, if the e-mail communication (both those you send and those you receive) would have been put in a County file if it were a hard copy, you should print the e-mail communication and file it in the same manner.

If you are sending a confidential message, mark it as such in a manner reasonably calculated to alert the recipient of its confidential nature. If it is important that only the intended recipient view the message, be sure you know who has access to his or her e-mail box before sending it. If you are using encryption or other means of security, be sure the recipient has the ability to open the message.

If you receive an E-mail from someone you don't know, contact the Systems Administrator before you open it. There is always the risk that the E-mail may contain a virus that could disrupt the County's E-mail system. Also, the Systems Administrator can block receipt of future E-mails from that sender.

Protection of confidential information and copyrighted information. You should not consider electronic communications to be private. Confidential information should be transmitted in other ways.

All software must have proper vendor authorization for use. All license conditions must be met. Copyrighted materials not belonging to County are not to be transmitted via the County communications systems, copied, modified, or forwarded, without the permission of the copyright holder.

Security. You must provide the County's IT service provider or its designee with your current password, identifying code, or personal identification number. Do not disclose your password, identifying code or personal identification number to anyone other than the County's IT service provider or its designee. Do not use unauthorized codes, passwords, or other means to gain access to any component of County communications systems.

The use of a password to gain access to the County's communications systems or to encode particular files or messages does not imply that you have an expectation of privacy regarding the material created or received on or through the County's communications systems. The County has administrative access to all material stored on its communications systems, regardless of whether that material has been encoded with a particular user's password or otherwise protected by special entry code or procedure.

To prevent computer viruses from being transmitted through the County's Internet and E-mail systems, do not download any software without authorization. All downloaded software and software loaded from any device or drive must be authorized by the County's IT service provider or its designee. Applications installed on the County's computers must be installed by the County's IT service provider or its designee and must be business related. You should understand that your home computer and/or laptop might contain viruses. All files transferred from these computers to County's network MUST be scanned for viruses. All users are required to verify their virus definitions are up to date and should perform periodic virus scans. Any suspected viruses, adware or scams should be reported to the County's IT service provider or its designee immediately.

Do not leave storage devices lying around on your desk or elsewhere. Backup devices are to be given to the County's IT service provider or its designee.

You may not alter or copy a file belonging to another user without first obtaining permission from the owner of the file. The ability to read, alter, or copy a file belonging to another user does not imply permission to read, alter, or copy that file. You may not use the County's communications systems to "snoop" or pry into the affairs of other users by unnecessarily reviewing their files and messages.

Your ability to connect to the County's communications systems, whether through the network, by a modem, or by other method, does not imply a right to connect to or use the County's communications systems unless specifically authorized by the County's IT service provider or its designee.

You may access the County's communications systems from outside the County through the Internet only through software and/or hardware approved by the County. At all times, you should be mindful of the dangers associated with sending information across the Internet. You must use caution in all instances of doing so and must request access to appropriate encryption and/or sender authentication software from the County's IT service provider or its designee if the information being transmitted requires special handling or treatment.

You are responsible for ensuring that use of computers and networks external to the County's network, such as the Internet, does not compromise the security of the County's communications systems. This duty includes taking reasonable precautions to prevent and protect against guests and intruders from accessing the County's communications systems without authorization and to prevent introduction and spread of viruses. If you or a County guest or other visitor requires access to the Internet (a) while on County premises or (b) at any location through the County network, in either case using equipment or applications not proved by the County, permission first must be obtained from the County's IT service provider or its designee.

To protect the security of the County's communications systems and Company information, you are required to log out of the network whenever you leave your computer unattended for any extended period of time, e.g., when leaving the office for a meeting or at the end of the workday.

(H)

Criminal conduct prohibited. It may be a crime to do any of the following. Accordingly, you are prohibited from engaging in any of the following conduct:

Modifying or destroying data or programs or supporting documentation residing or existing internal or external to a computer, computer system, or computer network, without authorization.

Disclosing or taking data, programs, or supporting documentation, residing or existing internal or external to a computer, computer system, or computer network, without authorization.

Disclosing or taking a password, identifying code, personal identification number, or other confidential information about a computer system or network that is intended to or does control access to the computer system or network, without authorization.

Accessing a computer, a computer system, or a computer network, and intentionally examining information about another person, without authorization.

Receiving, retaining, using, or disclosing any data that you know or believe was obtained as a result of any of the above-described conduct, without authorization.

Modifying, destroying, damaging, or taking equipment or data storage devices used or intended to be used in a computer, computer system, or computer network, without authorization.

Modifying, destroying, damaging, or taking any computer, computer system, or computer network, without authorization.

(8)

Accessing or causing to be accessed any computer, computer system or computer network, without authorization.

(I)

Encryption software. Due to the nature of the information being utilized certain offices may use encryption software previously authorized by the County's Management. This Policy does not prohibit the installation of such encryption software as needed to perform the responsibilities of the office. In all other circumstances, you may not install or use personal encryption software on any of the County's communications systems without first obtaining written permission from the County's Management (or designee). You may not use passwords or encryption keys that are unknown to the County's IT service provider or its designee.

The federal government has imposed restrictions on the export of programs and files containing encryption technology (such as e-mail programs that permit encryption of messages and electronic commerce software that encodes transactions). Software containing encryption technology is not to be placed on the Internet or transmitted in any way outside the United States without prior written authorization from the County's Management or designee).

(J)

Monitoring. All communications transmitted via the County communications systems, or placed into their storage, including password and security-code protected messages, are subject to access, review, and audit by County management, as permitted by law. The County may also review and record computer log-on times, user identification, and files accessed. The County may access its records regarding employee use of telephone calls, and E-mail and Internet communications, as well as usage patterns. The County reserves the right to disclose all communications sent or received over its communications systems for any lawfully permitted purpose.

(K)

Consent. By using the County's communications systems, you consent to and agree to follow this policy, and you expressly waive any right of privacy in and consent to the County's lawful right to access, review, audit and disclose anything transmitted from, received into, or stored in those systems, including, but not limited to, telephone, voice mail and E-mail communications, and Internet access. You understand that the County may use human or automated means to review employee use of its communications systems, including, but not limited to, reviewing sites visited by you on the Internet, reviewing voicemail records, reviewing instant messaging records, chat groups and newsgroups records, reviewing materials downloaded or uploaded by you and reviewing e-mail records. Violation of this Policy may result in disciplinary action, including termination of employment, civil liability, and criminal prosecution.

(L)

Social media policy. We understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media. This policy applies to all employees who work for the County.

(M)

Guidelines. In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else's web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with the County, as well as any other form of electronic communication.

The same principles and guidelines found in County policies and three basic beliefs apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow employees or otherwise adversely affects residents, suppliers, vendors, people who work on behalf of the County or the County's legitimate business interests may result in disciplinary action up to and including termination.

(N)

Know and follow the rules. Carefully read these guidelines, the County Equal Employment Opportunity Policy, the County Confidentiality Policy, the County Harassment Policy, the County Workplace Violence Policy, and the County Communications Property Policy, and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

(O)

Be respectful. Always be fair and courteous to fellow employees, residents, suppliers, vendors or people who work on behalf of the County. Also, keep in mind that you are more likely to resolve work related complaints by speaking directly with your co-workers or management than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage residents, suppliers, vendors, employees or others who are working on behalf of the County, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or County policy.

(P)

Be honest and accurate. Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you now to be false about the County, fellow employees, vendors, residents, suppliers, people working on behalf of the County or competitors.

(Q)

Post only appropriate and respectful content.

Maintain the confidentiality of County trade secrets and private or confidential information. Trade secrets may include information regarding the development of systems, processes, products, knowhow and technology, confidential resident information, strategic business plans, competitor intelligence, financial information, business contracts, and other proprietary and non-public County information. Do not post internal reports, policies, procedures or other internal non-public, business-related confidential communications.

Respect financial disclosure laws. It is illegal to communicate or give a "tip" on inside information to others so that they may buy or sell stocks or securities.

Do not create a link from your blog, website or other social networking site to a County website without identifying yourself as a County employee.

Express only your personal opinions. Never represent yourself as a spokesperson for the County. If the County is a subject of the content you are creating, be clear and open about the fact that you are an employee and make it clear that your views do not represent those of the County, fellow employees, vendors, residents, suppliers or people working on behalf of the County. If you do publish a blog or post online related to the work you do or subjects associated with the County, make it clear that you are not speaking on behalf of the County. It is best to include a disclaimer such as "The postings on this site are my own and do not necessarily reflect the views of Monroe County."

You are prohibited from pressuring your coworkers to "friend" you or otherwise connect or communicate with you via any form of social media in a manner that violates the County's policies against Harassment or Violence.

Managers should not issue "friend" request to subordinates, since that could create an awkward situation for employees. If, however, you have previously "friended" a subordinate prior to the issuance of this Policy, such action will not be treated as a violation of this Policy. Further, the employee can remove the "friend" without any threat of retaliation.

Managers and Supervisors may not require any employee or prospective employee to provide their password to the employee's own personal social networking site.

(R)

Using social media at work. Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by your manager or consistent with County Policy. Do no use County email addresses to register on social networks, blogs or other online tools utilized for personal use.

(S)

Retaliation is prohibited. The County prohibits taking negative action against any individual for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another individual for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.

The County will not retaliate or discriminate against you for expressing your personal opinion in personal blogs, or non-working time, for political, organizing, union or other lawful purposes, provided that County guidelines are followed; however, County equipment and systems may not be used for such purposes.

(T)

Media contacts. Unless previously authorized and/or within the employee's job duties, employees should not speak to the media on the County's behalf without contacting the County Commissioners first. All media inquiries outside the employee's prior authorization or the scope of the job duties should be directed to the County Commissioners or the appropriate Department Head.

(U)

Additional obligations.

You should obey all laws regarding electronic and other communications and know and understand and comply with terms of service of any site that you use.

Use your best judgment. Remember that there are always consequences to what you publish. If you are about to publish something that makes you even the slightest bit uncomfortable, review the rules and guidelines within this Policy and think about whether the intended post complies. If you are still unsure, and it is related to County business, feel free to discuss it with your supervisor. Ultimately, however, you have the sole responsibility for what you post to your blog or publish in any form of online social media.

The County may, within the limits permitted by applicable law, at its option, monitor internal and external sources to identify inappropriate use. Employees have no right of privacy if they are using County services or equipment for blogging or otherwise engaging in social media.

(V)

For more information. If you have questions or need further guidance, please contact your supervisor or Human Resources.

§ 11-2-8 Non-Solicitation.

In an effort to ensure a productive and harmonious work environment, and out of consideration to our residents, customers and visitors, persons not employed by the County may not solicit or distribute literature on County property, including grounds and parking lots, at any time for any purpose, except for areas that are open to the public, consistent with that area's purpose and as permitted or required by law.

County employees are not permitted to distribute literature in work areas.

County employees are not permitted to, solicit or sell merchandise during the working time of the employee doing the solicitation or the employee being solicited. For the purpose of this policy, solicitation includes but is not limited to requesting charitable contributions, invitations to social events, advertisements for home sale parties or communication with a team member seeking to obtain support for agreement with or participation in an outside group, organization, cause or activity. This includes solicitation by electronic means.

Work time includes all time during which an employee is assigned to or engaged in performing his or her job, but does not include breaks, meals or other designated relief periods during which an employee is not assigned or expected to perform any job.

Working area includes all areas where services are being provided for the County residents, customers and visitors but does not include, areas where employees are permitted to take breaks, meals or spend other relief periods, other such non work areas and areas that are open to the public.

In addition, the posting of written solicitations on County bulletin boards is prohibited. These bulletin boards display important information, and employees should consult them frequently for:

•	County announcements
•	Internal memoranda
•	Payday notice
•	State disability insurance/unemployment insurance information

Failure to follow this policy will result in disciplinary action up to and including termination. Nothing in this section prohibits employees from discussing terms and conditions of employment.

§ 11-2-9 Alcohol and Drug Use.

The County perceives alcohol and drug abuse as a potential health and safety problem. Therefore, the County strives to provide an alcohol-free and federal drug-free workplace and maintains a "zero tolerance" policy regarding alcohol or federal illegal drug use in violation of this Policy. To promote this goal, employees are required to report to work in an alcohol-free and drug-free condition to perform their jobs in a safe and satisfactory manner.

While on the job, no County employee may use, possess, manufacture, distribute, sell or be under the influence of alcohol or illegal drugs or controlled substances. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to safely perform essential functions of their job. Employees are expected to effectively perform their work duties in a safe manner that does not endanger themselves or other individuals in the workplace. County Highway Department employees who possess a Commercial Driver's License will be subject to Illinois Department of Transportation (IDOT) regulations relating to prescribed medication.

The County reserves the right to require employees to undergo drug and/or alcohol testing, if there is reasonable suspicion that the employee is under the influence of illegal drugs or alcohol while working. Such reasonable suspicion includes but is not limited to: (1) Behavior that leads a supervisor to believe that the employee might have used substances prohibited by this policy; (2) An on-the-job accident that results in property damage or requires medical attention; or (3) for EMS employees, a violation of the Narcotic Count policy or a discrepancy in the Narcotic County.

An employee is mandated to inform the County Board in writing of any criminal drug conviction for a violation occurring in the workplace or in work-related activities no later than five (5) days after such conviction.

An employee who tests positive for illegal drugs or whose blood alcohol level is above the State of Illinois limit for intoxication is subject to disciplinary action, up to and including termination of employment. The County may also require the individual to participate in a substance abuse rehabilitation or treatment program as a condition of retaining employment.

An employee's worker's compensation benefits will be reduced by the maximum amount permitted by law, if an employee sustains a workplace injury in connection with the use of alcohol or illegal drugs.

An employee's refusal to submit to drug and/or alcohol testing, refusal to sign the medical consent form for such testing or attempt to frustrate such testing will be cause for termination of employment.

§ 11-2-10 Drug and Alcohol Testing.

The County has a strong commitment to provide a safe workplace and to establish programs promoting high standards of employee health, safety and productivity.

While the County has no intention of intruding into the personal lives of its employees, it recognizes that involvement with drugs or alcohol takes a toll on job performance.

The County strongly encourages persons with drug or alcohol problems to seek immediate treatment.

All testing shall be performed at a competent medical facility that is either certified by the applicable governmental agency or is authorized to perform the testing. All specimen collection and testing for drugs and alcohol will be performed in accordance with the procedures provided for by the United States Department of Transportation ("DOT") rules for workplace drug and alcohol testing compiled at 49 C.F.R., Part 40, including but not limited to, chain-of-custody procedures.

Employees violating this Policy (including by testing positive) may be subject to a reduction in Workers' Compensation benefits if the illness or injury occurs in conjunction with the employee's drug or alcohol use or a denial of such benefits when the violation is the proximate cause of an otherwise compensable injury.

A positive test result under this Policy will cause an employee to face termination and may be deemed misconduct connected with the employee's work for the purpose of Employment Security Benefits, subjecting the employee to a denial of Unemployment benefits.

Employees who refuse a test under this Policy will be subject to termination and may be subject to a forfeiture of Workers' Compensation benefits.

Drugs.

The term drugs in this Policy is defined as any federal drug or drug-like substance whose sale, use or possession federally unlawful, e.g. heroin, cocaine and marijuana, regardless of whether the marijuana use is for medicinal purposes, or drug-like substance that causes or may cause impaired function or judgment or prescription drugs used in a manner other than as prescribed.

The possession, use or sale of drugs is inconsistent with the County's objective of operating in a safe and efficient manner. Therefore, no employee shall use drugs or have drugs in his or her possession at any time during working hours including while they are not working, such as at lunch or rest breaks, or at any time on property of the County or a customer. Additionally, no employee shall report to work while under the influence of or impaired by drugs. The County shall consider anyone who tests positive for drugs or whose test is adulterated or diluted to be in violation of this policy.

Employees violating this Policy (testing positive or having an adulterated or diluted sample) will be subject to termination of employment.

Any driver subject to IDOT drug-testing requirements shall be terminated if they are found to be unqualified to drive. An employee is unqualified to drive if the employee tests positive on any test given pursuant to IDOT requirements, or this Policy, including a refusal to test or the presence of an adulterated or diluted sample. Individuals subject to such IDOT requirements shall be notified, given a copy of IDOT rules and procedures for drug use and testing, in addition to this Policy. Any IDOT test will be administered pursuant to federal requirements for DOT drug and alcohol testing.

The unlawful involvement with drugs off County work time may also constitute grounds for termination of employment.

This Policy does not prohibit employees from taking prescription drugs under the direction of a physician, excepting that medical marijuana use on County work time or in a working area or when that use causes the employee to be under the influence of medical marijuana at work, as demonstrated by a positive drug test under the County's Policy, is prohibited. An employee in a safety sensitive position undergoing prescribed medical treatment with any drug which may alter his or her physical or mental ability to perform the employee's job safely must report this treatment to Human Resources. Human Resources and the employee's Department Head will determine whether a temporary change in the employee's job assignment during the period of treatment is warranted. The County is not interested in the reason the employee is taking the prescription drug, but rather it is interested in assuring that the drug does not create the possibility of compromising the safety of the employee, any other employee, a customer, resident or other worker.

Any employee who is required to possess a CDL as part of the employee's job duties is prohibited from using marijuana, including medical marijuana and from operating, navigating or being in actual physical control of a motor vehicle while either using marijuana, including medical marijuana or under the influence of marijuana. Any employee who is required to possess a CDL as part of the employee's job duties who tests positive for marijuana may be subject to termination, regardless of whether the marijuana use is prescribed.

Alcohol.

The use of alcohol on the job by any employee is also inconsistent with the objective of operating in a safe and efficient manner. Accordingly, no employee shall consume alcohol or have alcohol in their possession during working hours, including while they are not working, such as at lunch or rest break. No employee shall report to work under the influence of alcohol.

Employees violating this Policy (testing positive or having an adulterated or diluted sample) shall be subject to termination of employment.

Any driver subject to IDOT alcohol testing requirements shall be terminated if they are found unqualified to drive. An employee is unqualified to drive if the employee's tests positive on any test given pursuant to IDOT requirements, or this Policy, including a refusal to test or the presence of an adulterated or diluted sample. Individuals subject to such IDOT requirements shall be notified and given a copy of IDOT rules and procedures for alcohol use and testing, in addition to this Policy.

Testing.

Employees must understand that all drugs have a lingering effect, and a drug test will show a positive result for days, sometimes weeks, after ingestion.

The presence of alcohol will be determined by a breathalyzer or blood test in accordance with Federal DOT or IDOT regulations governing such testing.

The presence of federal drugs will be tested by the collection of a urine sample under the supervision of a clinic or laboratory in accordance with Federal DOT or IDOT regulations governing such testing. The sample will be subjected to the EMIT test; a positive finding will result in the use of the GC/MS confirmatory test.

Applicants.

(a)

Applicants will be screened for drugs if the County offers them a job. The job or continued employment shall be conditioned upon a negative test result. Applicants from a hiring hall will be screened for drugs in accordance with procedures established by the applicable Union.

(b)

Applicants will be requested to sign an "Applicant Consent/ Release" authorizing the drug screening tests and to release the results to the County.

(c)

The County will withdraw its offer of employment from any applicant who refuses to sign the Applicant Consent/Release or who refuses take the test or tests positive for drugs.

Employees – Fitness for duty.

(a)

All instances. Any employee whose actions or performance causes the County to have a good faith belief that the employee may be affected by drugs and/or alcohol may be subject to a drug and/or alcohol test. The good faith belief that the employee may be affected by drugs and/or alcohol must be confirmed by no less than two (2) levels of management including supervision. An employee's actions or performance gives the County a good faith belief that the employee may be affected by drugs and/or alcohol when the employee manifests, specific articulable symptoms while working that decrease or lessen the employee's performance of duties or tasks of the employee's job position. Such symptoms may include but are not limited to the following: the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, negligence or carelessness in operating equipment or machinery, disregard for the safety of the employee to others, involvement in an accident that results in serious damage to equipment or property, disruptions of a production or manufacturing process; or carelessness that results in any injury to the employee or others.

(b)

Post-accident with injuries. An employee who causes a work-related accident, while on duty or in a County vehicle which results in an injury requiring immediate off-site medical treatment or property damage or causes disabling damage to any vehicle requiring the vehicle to be towed may be subject to a drug and/or alcohol test.

(c)

Random testing. Every individual who is required to possess a CDL as part of their job duties that is subject to IDOT Drug and Alcohol testing requirements will be subject to Random Testing for drugs and alcohol as required by IDOT.

Employees who are requested to submit to a drug and/or alcohol test will be asked to sign an "Employee Consent/Release" authorizing an agent of a County-designated facility to perform the test and to release the results to the County.

All drug and alcohol tests shall be performed by a laboratory, which meets the standards established by the Department of Health and Human Services and in accordance with DOT and/or IDOT rules for workplace drug and alcohol testing. The alcohol test shall be by breathalyzer or blood test. The drug test shall be done by urinalysis. The initial test performed on the urine sample shall be the EMIT test. A positive result shall result in the retesting of the initial sample by the GC/MS test. A positive result under the GC/MS test shall be considered to be a positive finding of drugs. A negative result from the EMIT test shall be considered a negative result. Testing will also comply with state testing requirements for Workers Compensation and/or Unemployment benefit purposes, including meeting chain of custody requirements.

(8)

Results. Results of the test will be released to the applicant/employee, the County, any federal, state or local governmental authority which inquiries about the applicant/employee, including Workers' Comp., Unemployment, etc. or any other entity under compulsion of law or subpoena.

(9)

Positive result solely for marijuana. If the test results are positive solely for marijuana use the employee will be given a reasonable opportunity to contest the basis for the County's request that the employee undergo testing but only if the employee is in a position where Federal law does not prohibit marijuana use and provides satisfactory proof to the County that the employee was registered under applicable state law or otherwise permitted to legally use marijuana in the state where the employee was tested and when the test was administered. This opportunity is limited solely to challenging whether the employee's actions or performance gave the County a good faith belief that the employee may be affected by drugs and/or alcohol when the request for testing was made. The employee will be suspended without pay during the challenge process. The challenge process shall not exceed seven (7) business days. If the County determines that there was not a sufficient basis for a good faith belief that the employee may have been affected by drugs and/or alcohol when testing was requested the employee will be restored to the employee's position without loss of pay and no discipline will be issued for the failed drug test. In all other instances, the employee will be subject to discipline, up to and including termination effective the day of the failed drug test for having failed the drug test.

Self-identification.

Any employee who voluntarily self-identifies as needing treatment and/or rehabilitation for alcohol or controlled substance abuse prior to investigation or detection of the individual will be permitted to seek rehabilitation and/or treatment without such action serving as the basis for disciplinary action.

Such self-identification cannot be used as a means of avoiding a drug or alcohol test required under this policy or as a means of avoiding disciplinary action based on the individual's actions prior to the self-identification.

The employee may not be permitted to perform work until the individual provides proof to the County's satisfaction that the individual has been evaluated and has successfully completed education and/or treatment requirements.

Upon self-identification the employee may be removed from work and placed in an alternative position, if one is available and subject to any applicable contractual restraints, and as permitted by law.

Alternatively, the County may, at its discretion, place the individual on a leave of absence while the employee seeks evaluation, education and/or treatment sufficient to enable the individual to establish control over the individual's drug and/or alcohol problem. Such leave of absence will be in accordance with the County's policies concerning leaves of absence, subject to applicable contractual constraints, and as permitted or required by federal and state law. Whether the individual will be entitled to paid leave will depend upon whether the individual is entitled to any vacation and/or sick pay and other County policies and contracts concerning paid leave. If an employee is eligible for Family Medical Leave under the County's Family and Medical Leave policy, the leave of absence will count against the individual's FM LEAVE entitlement, provided that the employee's absence qualifies as a serious health condition, as defined by the FMLA and subject to any contractual constraints.

It shall be a condition of continued employment for employees at the completion of a leave of absence to submit to a follow-up drug and/or alcohol screen prior to returning to work. Should the result of the follow up drug and/or alcohol screen also show a positive finding, or an adulterated or diluted sample the employee will be terminated.

As a further condition of returning to work after a leave of absence an employee will be subject to random tests during the first year after returning to work at the employee's expense, and as permitted by state law. In the event any random test proves positive for drugs or alcohol or produces an adulterated or diluted sample, the employee will be terminated.

§ 11-2-13 Dress and Personal Appearance.

If the employee refuses to take any of the aforementioned drug and/or alcohol tests or to conform with these provisions, the employee will be terminated.

§ 11-2-11 Safety.

The County and all employees share responsibility for safety in the workplace. The County will provide training and equipment to maintain on-the-job safety for employees, and it is the County's expectation that employees perform their job duties in the safest possible manner and according to all safety rules and policies. Employees with specific job safety criteria will be provided safety manuals and equipment by their supervisor.

Any employee who observes a work activity being performed in violation of County safety policies has an obligation to immediately report the violation to the appropriate departmental head or the appropriate department head's designee, as it night prevent injury to an employee or the public. Also, if an employee observes a potential hazard, the appropriate department head or the appropriate department head's designee should be notified immediately. Violations of safety procedures, as stated in departmental guidelines, will be cause for disciplinary action, up to and including termination.

§ 11-2-12 Smoking.

The Smoke-Free Illinois Act prohibits smoking in virtually all public places, including workplaces. Therefore, smoking, including the use of any electronic smoking device, is prohibited throughout the County's work areas, including all County vehicles. Smoking may occur in designated areas fifteen (15) or more feet from any building entrance. This policy will be enforced against all County employees, including, but not limited to elected officials in accordance with the Smoke-Free Illinois Act and accordingly, individuals who violate the policy may be subject to discipline and/or incur fines as permitted under the Smoke-Free Illinois Act. An electronic smoking device is any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.

Office staff. "Business Casual," a business-like and well-groomed personal appearance, is the County's policy regarding workplace attire. Inconspicuous tattoos are acceptable. Visible body piercing jewelry (excluding earrings) is not acceptable. Employees who have questions regarding appropriate workplace attire should consult their supervisor. If the supervisor believes that an employee's attire is truly inappropriate, the supervisor will speak with the employee and take appropriate counseling action, if necessary.

Departmental codes. Certain departments, such as Highway, Sheriff and Ambulance Service will have specific dress or uniform codes. Employees will be notified of departmental dress codes by their supervisor.

In addition to wearing appropriate workplace attire, all employees should practice good personal hygiene.

§ 11-2-14 Professional Conduct.

Employees are expected to have good professional relations with co-workers, other County departments and public agencies by conducting themselves and their business activities in a professional and courteous manner. Unprofessional and unacceptable conduct may result in involuntary discharge. The following examples cannot address every type of seriously inappropriate employee misconduct, but they are examples of conduct that is so egregious that it might cause immediate termination, unless mitigating circumstances apply:

Breach of Confidentiality or Non-Disclosure policies.

Insubordination - Refusal to carry out supervisory instructions.

Violation of Alcohol/Drug policy.

Violation of the EMS Narcotic County policy.

Disrespectful treatment based on sex, race, color, religion, age, national origin or disability.

Threatening a supervisor, co-worker, contractor or the public.

Disruptive behavior, including fighting and loud, verbal language.

(H)

Possession of weapons, explosives or similar devices on County property or while conducting County business.

(I)

Harassment of employees, residents or contractors.

(J)

Falsification of records.

(K)

Unauthorized use of County property (i.e. - vehicles, equipment), use or consumption of County property for personal purposes or willful destruction or removal of County property without authorized approval.

(L)

Conduct that can be considered illegal, dishonest or counter-productive to the County, its employees or its taxpayers.

§ 11-2-15 Malfeasance.

All employees of the County have a commitment to the residents of Monroe County. Malfeasance by a public official or employee means committing an illegal act in conjunction with their official duties and includes, but is not limited to, willful:

Misappropriation of resources.

Failure to report fraud or unlawful actions.

Offering or accepting bribes.

§ 11-2-16 Updating Personal Information.

Misuse of the power of the position.

These acts are subject to disciplinary action, up to and including termination, and might also be subject to legal action by the County. In addition, it is the County's expectation that employees report any incidents of suspected malfeasance, misfeasance (mistakes in performance) or other misconduct to their supervisor or the County Board. If a employee does not report such behavior to County authorities, the employee will be subject to disciplinary action, up to and including termination.

Employees should notify the Human Resources in writing of any changes in personal data or information, such as home address, telephone number, change in marital status, number and names of dependents and individuals to be contacted in the event of an emergency. A change in some of this information might affect an employee's tax withholding, beneficiary forms and health/dental insurance.

§ 11-2-17 Return of County Property.

Employees must return all County property immediately upon request or upon termination of employment. According to State of Illinois guidelines, the County may withhold from an employee's check the cost of any County property that is not returned when requested. The County will take necessary action to recover or protect its property.

Any equipment provided to an employee to assist them in performing their job duties shall be maintained in working condition and remains County property for purposes of recall or inspection by the County at any time.

§ 11-2-18 Resignation of Employment.

An employee who wishes to resign should notify their department head in writing a minimum of two (2) weeks (if a non-exempt employee) and four (4) weeks (if an exempt employee) prior to their last day of work. According to County policy, an employee will not be permitted to schedule time off (i.e. - vacation) during the resignation notification period. Exceptions to this policy will be considered under serious and unusual circumstances. Failure to provide appropriate resignation notification will be considered highly unprincipled, a display of poor work ethic and will be recorded in the former employee's personnel records.

§ 11-2-19 Identification of Badge Policy.

All Employees, Elected Officials, Volunteers and Contracted Service will be issued County Identification Badges. The Badge must be worn and displayed at all times while at a County facility or on County business.

Badges will be provided by the County and will include a photo of the individual, the individual's name, the department in which the individual works and the expiration date if one exists.

Badges shall be worn using a breakaway lanyard (unless there is a safety concern where wearing something that hangs loosely might get caught in machinery - in which case the employee's supervisor will instruct the employee as to the proper display of the Badge.

Individuals must surrender the Badge to their supervisor or Department Head upon separation or when requested.

A lost or misplaced Badge is to be immediately reported to the individual's supervisor. A temporary badge will be issued. A replacement badge will be issued as necessary, and a record of the lost badge noted.

Do not alter the Badge or add any adornment to the Badge that would interfere with the display of the photo and information contained on the Badge.