PERSONAL SAFETY

 The Holmes SWCD shall attempt to provide safe and healthful working conditions possible for all employees and will comply with applicable state and federal laws and regulations pertaining to occupational health and safety. To assist the Holmes SWCD in this goal, it is necessary for all employees to follow appropriate and accepted safety practices and work rules and to be observant as to potential hazards in their work environment.

 If an employee feels that an unsafe and/or hazardous condition exists within the workplace, or if an employee is injured during his or her employment, he or she shall be expected to report such a condition to the District Program Administrator or the Holmes SWCD Chairperson.

In the case of accidents, regardless of how insignificant the injury or damages may appear, employees must immediately (within 24 hours) notify the District Program Administrator or the Holmes SWCD Board Chairman. A written report shall be submitted within a reasonable time. Such reports are necessary to comply with laws and initiate insurance and worker’s compensation benefits procedures.

 Employees who do not exercise caution in work activities, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary actions, up to and including, termination of employment.

 The Holmes SWCD will provide safety information and/or training to employees by utilizing local, state, and federal partnership programs and information.

COMPLAINT PROCEDURE

Employees may have questions or concerns caused by misunderstandings in the application of policies, procedures and work rules.  The Holmes SWCD believes questions and concerns will be heard promptly and action will be taken to resolve or clarify a particular situation, if necessary.  Complaints regarding unlawful discrimination or harassment should be brought according to the unlawful discrimination and harassment policy contained in this manual.

All employees shall have the right to file a complaint without fear of retaliation.  No employee shall be disciplined, harassed, or treated unfairly in any manner as a result of filing a complaint.  A complaint is defined as a disagreement between an employee and Holmes SWCD as to the interpretation or application of official policies, departmental rules and regulations, or other disagreements perceived to be unfair or inequitable relating to treatment or other conditions of employment.  The following is the procedure to be followed when an employee has a complaint as defined above:

Step 1: Program Administrator. An employee having a complaint shall file it in writing with his/her Immediate Supervisor, as outlined in the procedure for his/her work unit.  The employee’s Immediate Supervisor will review the complaint and attempt to resolve the complaint within a reasonable time and will provide the employee with a written response.  Step 1 may be bypassed by either the employee or Immediate Supervisor if the Immediate Supervisor lacks the authority to make a change and/or the Immediate Supervisor is the subject of the complaint.  

Step 2: Board of Supervisors. Where the employee is not satisfied with Step 1 response of the Program Administrator, the employee may submit the original complaint to the Board of Supervisors within seven (7) calendar days of the supervisor’s written response.  The Board of Supervisors will review all material provided and provide the employee with a written response in a timely manner.   

Step 3: Holmes County Commissioners Human Resources Department. Where the employee is not satisfied with the Step 2 response, the employee may submit the original complaint to the Holmes County Human Resources Director within seven (7) calendar days.  The Human Resources Director will review all material provided and will provide the employee with a written response in a timely manner.  The Step 3 response shall be final.

INVESTIGATIONS AND DISCIPLINE

The Holmes SWCD has the right to investigate all alleged disciplinary violations.  Employees are required to cooperate fully during investigations.  Employees who are the subject of a formal investigation have the right to be accompanied, represented, and advised by an attorney.  For all employees, the failure to respond, to respond truthfully, or to otherwise cooperate in an investigation, shall be considered insubordination and may result in termination.  Employees involved in an investigation shall not discuss the facts of the investigation during the pendency of the investigation.  Investigations shall be conducted upon receipt of an allegation of potential misconduct.  Investigations shall be conducted promptly and in a reasonable and efficient manner to determine whether the alleged misconduct occurred.

Employees may be placed on a paid “administrative” leave of absence pending an investigation. An employee who has been charged with a violation of law that is punishable as a felony may be placed on unpaid “administrative” leave, for a period not to exceed two months, pending an investigation.  However, an employee who is placed on unpaid leave and is later exonerated of a felony must be reimbursed for lost pay, plus interest, and lost benefits. Employees may be placed on paid or unpaid leave pending an investigation.  

Employees who have completed their probationary period and who are in the classified civil services may only be disciplined for just cause.  Disciplinary action will be commensurate with the offense.  Discipline for minor infractions will normally be imposed in a progressive manner with consideration given to the nature of the offense, prior disciplinary action, length of service, the employee’s position, the employee’s record of performance and conduct along with all other relevant considerations.  Nothing in the policy shall be construed to limit the Holmes SWCD’s discretion to impose a higher level of discipline under appropriate circumstances.  

 The following forms of misconduct constitute grounds for disciplinary action:  incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, policy or work rule violations, conviction of a crime, failure of good behavior including a violation of ethics of public employment, failure to maintain licensing requirements, and any other acts of misfeasance, malfeasance, nonfeasance or any other reason set forth in O.R.C. § 124.34.  

 The property and image of the Holmes SWCD is to be respected at all times; as such, an employee’s off duty conduct that has a nexus to the workplace or could reasonably negatively impact the Holmes SWCD may form the basis for discipline.  Any comments or questions concerning the standard of conduct expected should be directed toward the employee’s immediate supervisor.

 Employees have an obligation to immediately inform the Holmes SWCD of any on-duty or off-duty arrests or convictions.  An arrest or conviction may, or may not, result in discipline depending on the nature of the incident, the job performed, and other relevant considerations.  Employees will not be granted vacation leave in order to serve jail time. 

 The filing or prosecution of criminal charges or other civil administrative investigations against an employee for alleged misconduct or criminal activity shall not be determinative as to appropriate disciplinary action, if any, under this policy.  The Holmes SWCD may investigate the employee’s alleged misconduct or activities and determine the appropriate discipline, if any, without regard to pending administrative or criminal charges.  The disposition of such administrative or charge is independent of a disciplinary investigation.  Although the Holmes SWCD may utilize information obtained during other investigations, the Holmes SWCD’s decision to take appropriate disciplinary action may or may not correspond with the filing, or non-filing, of criminal charges or civil actions.  A felony conviction while employed with the Holmes SWCD is just cause for termination. 

Staff is responsible for reporting any incident or conduct they believe is inappropriate and/or in violation of Holmes SWCD Policies and Procedures whether the conduct occurs on-duty or off-duty.  This duty includes incidents observed, reported by residents, reported by staff, or suspected due to other facts.

When the Holmes SWCD believes that discipline of an employee in the form of a paid or unpaid suspension, reduction or elimination of longevity pay, demotion or termination, or loss of pay or benefits is possible, a pre-disciplinary conference shall be scheduled.  Prior to the pre-disciplinary meeting, the employee will be provided with written notice of the charges against him.  At the pre-disciplinary conference, the employee may respond to the charges, verbally or in writing, or have his/her chosen representative respond.  The employee may also waive the pre-disciplinary conference.  Failure to attend the pre-disciplinary conference shall be deemed a waiver of the conference.

Employees and probationary employees are not eligible for a Pre-Disciplinary Conference. 

CORRECTIVE ACTION

As a Holmes SWCD employee, your rights and responsibilities are given under the authority of the Ohio Revised Code Chapter 124 and ultimately, under both State and Federal Constitutions.

The Ohio Revised Code establishes a standard for good behavior and efficient service. The standard includes the elements of:

Competency, efficiency, honesty, morality, subordination, courteous treatment of the public, faithful duty, good behavior

It is the policy of the Holmes SWCD that certain rules and regulations regarding employee behavior are necessary for the efficient operation of the District and for the benefit and protection of the rights and safety of all. Conduct that interferes with normal operations, brings discredit to the Holmes SWCD, or is offensive to customers or fellow employees will not be tolerated.

Holmes SWCD employees have certain rights under ADA and Civil Rights laws, however, as employees of a political subdivision of state government they are neither classified or unclassified about state service and are not given any progressive disciplinary action or complaint procedure rights under the Ohio Revised Code, Basis for Civil Service. Holmes SWCD employees may be hired, disciplined, or terminated from their job at the sole discretion of the Holmes SWCD Board.

The Holmes SWCD Board may adopt progressive disciplinary procedures afforded “classified employees” if they deem it necessary, however by law, the Holmes SWCD Board will not lose their rights to discipline employees according to law at any time deemed necessary. Progressive discipline rules (if used) might include verbal warnings, written warnings, suspension without pay, demotion in pay and/or position, and discharge.