Version: November 1, 2015
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Using this Sample FOR-CAUSE Personnel Policy FOR YOUR DISTRICT
The ICRMP Sample Public Library Personnel Policy (2015) has been reviewed and further refined to reflect changes in law and practical considerations of administering personnel matters for Idaho’s special purpose districts. This User Guide provides additional suggestions for adopting a personnel policy and some of the more significant choices that the employer must make.
The choices are still yours. The options presented have been chosen because they have been proven to work best in everyday use – or because the law requires certain policies. Feel free to use the advice labeled: contained in this annotated version as you work through consideration of changes to your current personnel policy.
We hope this sample policy helps your District develop personnel policies that will assist you in the challenge of managing your most important resource, the people who serve your taxpayers. This sample policy is to be used as a guide and should be adapted for your use with the assistance of your legal counsel and HR professional.
The materials and information provided herein and referenced in ICRMP-supported training seminars are not intended as legal advice. This publication is intended for informational purposes only and is designed to alert public officials and risk managers to the issues that arise in personnel policies. The guidelines contained herein are samples and are not intended to be used verbatim without considering the facts and law applicable to each situation. Participants and users of this information are strongly advised to consult with their attorneys for guidance in all specific factual situations.
Because the personnel policy establishes basic policy for your District as an employer, the final choices rest with the District’s governing board. ICRMP’s staff is here to help you at 1-800-336-1985 or 1-208-336-3100 with additional advice.
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PURPOSES OF A PERSONNEL POLICY
A personnel policy is essentially a tool for employers to outline the policies for employment practices in the workplace. These established policies will govern the employment relationship, thereby limiting the possibility of unintended application of laws or other policies in a manner that could harm the interests of both the employer and the employee.
R Establishing the Rules
One of the first purposes to be served by a personnel policy is to set forth with some clarity the rules that will govern the employment relationship. This sample policy will outline a number of components that could or should be addressed in a personnel policy. In the absence of personnel policy provisions, the law may determine employer and employee rights and responsibilities in ways that neither intends.
R Maintaining Consistency
Another purpose that a personnel policy can serve is to provide consistency in the administration of personnel functions as Elected Officials and supervisors change from year to year. The District personnel policy provides consistency in personnel administration and rules as Elected Officials and supervisors change from time to time.
R Clarifying Rights and Responsibilities
Additionally, employees can receive clarification of the nature of benefits and responsibilities as part of a public organization. For both employers and employees, a personnel policy can answer questions that otherwise have to be answered by individual policy determinations in the course of everyday business. As such, a policy can be a time-saver and a problem-solver for many employment-related questions.
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USING A PERSONNEL POLICY
R Not a Contract – Rules Subject to Change
Recent years have brought great discussion concerning what status a personnel policy should be accorded. The Idaho Supreme Court has shown a willingness to imply contract status for a personnel policy unless the policy expressly states otherwise (see, Metcalf v. Intermountain Gas Company, 116 Idaho 622, 778 P.2d 744 (1989)). Suggested wording for such a disclaimer is included in the policy outline. If you do not want your personnel policy to be considered an employment contract, you must say so expressly and as often as is appropriate in the policy. A court may still find otherwise, but at least the public agency’s intent will be made clearer.
R Interpreting the Policy
A personnel policy will often contain guidelines that are subject to interpretation by both employees and supervisors. The personnel policy should explain who has the authority to interpret policy-provided guidelines and whether there is any route for an appeal from any such interpretation. In establishing interpretive guidelines, care should be taken to avoid unnecessary procedural burdens or irreconcilable conflicts between employees and the District as employer.
R Coordinating with Department Policies
District personnel policies are not the sole source of guidance for department activities. Other operating policies may exist to guide the management of operating departments on a day-to-day basis. The general personnel policy should be cognizant of those departmental policies, should recognize them as useful management tools, and should be as limited in scope as the governing body believes is appropriate to allow flexibility for other elected and appointed officials to manage their offices. Striking the balance between the general personnel policy and the departmental operating policies is a critical task and one that will take cooperation and goodwill on the part of all involved to avoid conflict and potential liability problems.
R Changing the Personnel Policy
The personnel policy will need to be modified from time to time because of policy initiatives of Elected Officials as well as changes in statutes and case law. It is a good idea to develop your policy section by section, displaying the subjects independently in a three-ring binder, to facilitate ease in editing, deleting or changing policies. The policy manual should also set out the procedure to change its contents, including who has the authority to make changes and what the effects of changes are on superseded or amended provisions of the manual.
R Without a Personnel Policy, Uncertainty Prevails
If there is no general personnel policy, departmental policies take a preeminent role. However, they cannot grant powers which exceed the authority vested in the District’s governing board to set policy for the District as an entity. If the Board wishes to endorse individual departmental policies, such an approach is appropriate and desirable districts.
End of Introductory Notes and Commentary
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VERSION: November 1, 2015
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Snake River Library District
Personnel Policy
Approved by the Board of Trustees
Date: ______
[Snake River] Library District PERSONNEL POLICY
This policy establishes a safe, efficient and cooperative working environment, establishes the responsibilities and level of performance expected of all District employees and explains certain benefits provided to District employees.
The policies and benefit offerings outlined in this policy are subject to change at any time, without prior notice to, and consent of, District employees. Changes may be made in the sole discretion of the governing Board of Trustees (“Board”).
This personnel policy is not a contract of employment and is not intended to specify the duration of employment or limit the reasons for which an employee may be discharged. All provisions of this policy will be interpreted in a manner consistent with this paragraph. In the event of any irreconcilable inconsistencies, the terms of this paragraph will prevail. This policy creates no rights, contractual or otherwise, for the benefit of employees not otherwise expressly set forth in this policy.
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As a general rule, the personnel policy should be disclaimed as a contract so its provisions do not become locked in place as to any employee. Governing boards should be able to shape changes to meet financial realities or to implement policy choices as necessity or experience dictates.
Attorneys employed by a public agency are subject to ethical rules that make continued employment subject to the discretion of the client, as expressed through actions of the governing board. Idaho Rule of Professional Conduct 1.16(a)(3) requires an attorney to withdraw whenever a client desires to end the attorney-client relationship.
Employment contracts with any employee must be expressly approved and signed by the Board, with the approval and the terms of the contract documented in the minutes.
TaBLE oF Contents
TaBLE oF Contents 12
I. GENERAL POLICIES 15
A. THE ORGANIZATION IN WHICH YOU WORK 15
B. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 15
C. VETERAN'S PREFERENCE AND RIGHTS 16
D. NEPOTISM / HIRING OF RELATIVES 17
E. PREFERENCE FOR HIRING FROM WITHIN 18
II. EMPLOYMENT START-UP 18
A. EMPLOYMENT FORMS TO BE COMPLETED 18
B. EMPLOYEE PERSONNEL FILES 18
III. RULES OF EMPLOYEE CONDUCT 19
A. PERSONAL CONDUCT 20
B. RELATIONSHIP POLICY 23
IV. EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS 24
1. CLASSIFYING EMPLOYEES FOR POLICY PURPOSES 24
1. Employment Status 24
2. Employee Classification for Benefit Purposes 25
2. COMPENSATION POLICIES 26
1. Establishment of Employee Compensation 26
3. Right to Change Compensation and Benefits 27
5. Reporting and Verifying Time Records 28
6. Work Periods 29
7. Payroll Procedures and Paydays 29
8. Compensation while Serving on Jury Duty or as a Witness in a Court Proceeding 29
9. Military Leave 30
10. Payroll Deductions 30
11. Travel Expense Reimbursement 30
12. On-the-Job Injuries 31
C. EMPLOYEE BENEFITS 31
1. Vacation Leave 31
2. Sick Leave 31
3. Holidays 34
4. Bereavement Leave 37
5. Leaves of Absence 37
6. Family Medical Leave Act (FMLA) 38
7. Benefits for Temporary Employees 42
8. Insurance Coverage Available to Employees 42
V. EMPLOYEE PERFORMANCE AND DISCIPLINE 43
A. PURPOSE OF DISCIPLINE/PERFORMANCE POLICY 44
B. DISCIPLINARY/PERFORMANCE SYSTEM FRAMEWORK 44
C. DISCIPLINARY ACTIONS AVAILABLE 45
D. OPPORTUNITY TO BE HEARD CONCERNING PROPOSED DISCIPLINE OR FAILURE TO PERFORM 45
E. OPPORTUNITY TO BE HEARD—ASSERTIONS OF UNLAWFUL DISCRIMINATION AND RETALIATION AND “NAME-CLEARING HEARING” 47
VI. WORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION POLICY AND COMPLAINT PROCEDURE 49
A. PURPOSE 49
B. POLICY 49
C. RESPONSIBILITIES 49
D. DEFINITIONS 50
E. COMPLAINT PROCEDURE 51
F. DISCIPLINARY ACTION 53
G. RETALIATION 53
H. CONFIDENTIALITY 53
I. FALSE COMPLAINTS 54
VII. SEPARATION FROM EMPLOYMENT 55
A. REDUCTIONS IN FORCE (RIF) 55
B. COBRA BENEFITS 55
C. EXIT INTERVIEW 55
D. RESIGNATION POLICY 55
APPENDIX “A” 62
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I. GENERAL POLICIES
A. THE ORGANIZATION IN WHICH YOU WORK
1. The District is a political subdivision of the state of Idaho, though it is not a part of state government. The Board serves as the governing body of the District, carrying out local legislative duties and fulfilling other obligations as provided by law. The Board is the general policymaker for the District, and has primary authority to establish terms and conditions of employment with the District. As with all elected public officials, the Board is ultimately responsible to the voters of the District.
2. Each employee should recognize that although he/she may serve as an employee supervised by a department head, he/she remains an employee of the District, and not of the person who supervises his/her work. The terms and conditions set forth in this policy, and in the resolutions and policy statements that support it, cannot be superseded by any other person's pledge, without the express action of the Board. That is particularly true for terms or conditions that would establish a current or future financial obligation for the District. You may, however, work for a department with an operational policy that provides additional direction to employees on expectations and procedures unique to that department.
B. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
All selection of employees and all employment decisions, including classification, transfer, discipline and discharge, will be made without regard to race, religion, sex, age, national origin, or non-job-related disability. No job or class of jobs will be closed to any individual except where a mental or physical attribute, sex or age is a bona fide occupational qualification. All objections to hiring or other employment practices must be brought to the attention of the Board, department head or supervisor, or in the case of objection to actions undertaken by that person, to legal counsel for the District.
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CONCERNING EQUAL OPPORTUNITY/AFFIRMATIVE ACTION
Many public employers, as a consequence of past laws and policies, continue to include an “affirmative action” policy in their personnel policies. For most employers the presence of an affirmative action policy may constitute unlawful discrimination. Except when federal grant programs require certain actions that could be considered affirmative action, or unless the public entity is the subject of a court order requiring it to take steps to remedy the past discrimination, affirmative action policies should not be included in most personnel policies. If your policy has an affirmative action component you should check to determine that it is necessary in order to remedy a prior finding of discrimination or that it is limited in its reach to a federally funded program that requires a measure of affirmative action. Equal employment opportunity (non-discrimination) remains the law of the land.
C. VETERAN'S PREFERENCE AND RIGHTS
1. The District will accord a preference to U.S. Armed Services veterans, or certain of his/her family members, in accordance with provisions of Idaho Code, Title 65, Chapter 5. In the event of equal qualifications for an available position, a veteran or family member who qualifies for the preference will be employed.
2. Any qualified veteran who has been restored to his/her position in accordance with Idaho Code § 65-508 will not be discharged from such position without cause for a period of one (1) year after such restoration. During this one-year period, a returning veteran will be entitled to an opportunity to be heard prior to termination. Such returning veteran will also be considered as having been on an unpaid leave of absence during his/her period of military duty. He/she will be restored to his/her position without loss of seniority, status or pay.