WELCOME TO THE COUNCIL OF THE SOUTHERN MOUNTAINS
On behalf of the Board of Directors and the entire staff, we would like to express a sincere welcome to the Council of the Southern Mountains (CSM). We are honored that you are now a part of our team helping meet the variety of needs of the citizens in our service area. It is the desire of this agency that your employment will be a positive, developmental experience achieved by working together. It is our goal to provide an environment where employees may reach their full potential and where co-workers welcome input concerning job related issues. We seek to operate in a professional business atmosphere, which shows a daily dedication to the people we serve as well as compliance with all regulatory mandates.
The policies and benefits briefly summarized in the Policy and Procedures Manual are designed to answer some of the questions about employment with CSM. Of course, it is impossible to answer every question or concern about each policy and we have not meant to do that in this manual. You are encouraged to bring questions regarding the information contained in document to your supervisor, department Director or the Executive Director.
The policies and procedures which follow may be modified from time to time and you will be informed of those changes. You must keep yourself knowledgeable of the manual and all future changes in order to maintain guidance during your employment. Please remember the following policies and procedures do not constitute, modify or otherwise alter the terms and conditions of employment of any CSM staff person; do not limit or restrict the right of CSM to terminate or otherwise discipline any employee; do not constitute an employment contract (express or implied) with any employee. No representative of CSM other than the Board of Directors in writing (or as authorized by the Board in writing), has any authority to enter into any agreement or tot make any agreement or representations contrary to the foregoing, or to assure any specific length of employment, benefits, terms or conditions of employment.
Again, welcome to CSM and we hope you embrace the principles and philosophies of this community action agency to the highest quality of programs in order to “Bring Opportunities Within Reach” for all we serve.
Sincerely,
Randal Johnson
Executive Director
COUNCIL OF THE SOUTHERN MOUNTAINS
AT-WILL EMPLOYMENT DISCLAIMER
Your employment with the Council of the Southern Mountains (CSM) is “at-will.” This means that neither you nor CSM has entered into a contract regarding the duration of your employment. You are free to terminate your employment with CSM at any time, with or without notice, for any reason or for no reason. Likewise, CSM has the right to terminate your employment or discipline, transfer or demote you at any time, with or without notice for any reason or for no reason, at the sole discretion of the agency. I further understand that I will not be paid for any unused annual leave or sick leave gifts. Your acknowledge and agree that nothing herein and nothing in any document provided to you or any statement made to you by any employee of CSM creates a contract, expressed or implied, for a promise of continued employment. I understand I am also under the federal Hatch Act which prohibits me from certain political activities spelled out in this policy manual.
________________________________________________
Staff Signature Date
________________________________________________
Witness Signature Date
One copy must go to the employee and one to their personnel file.
HISTORY
OF THE
COUNCIL OF THE SOUTHERN MOUNTAINS
CSM had its origin in 1964 when a group of socially conscious individuals met to meet the challenges of inhumane treatment of citizens and as a result of the efforts of local, state and federal agencies declaring war on poverty, its causes and effects received nonprofit, 501 c 3 status in March, 1965.
The war on poverty was initiated through services that were essential to McDowell County and the region due to the lack of interventions available to the underprivileged. In addition, these services were vital as the population steadily declined and the social, economic and cultural conditions worsened when the coal industry was in a state of recession.
CSM was responsible for implementing services that met people’s physical needs but more importantly their psychological and self-esteem requirements as despair was defeated. Self-sufficiency measures were instituted along with opportunities to overcome traditions of disparity and injustice through the dignity of hope.
Since 1965, CSM has grown into a professional organization that provides a variety of services, programs and hope to the citizens of its catchment area. As a result, the people CSM serves can participate in a broad range of services made possible through the dedication of quality staff, volunteers and Board of Directors.
The Council operates the following programs and continually strives to seek new services for those we are charged to serve:
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Community Services-CSBG
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Foster Grandparent Program
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Retired and Senior Volunteer Program
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Weatherization Assistance Program
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Title XIX Waiver
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Right From The Start
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Mentoring Children of Prisoners
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Volunteer Income Tax Assistance
The purpose of CSM is not only to provide programs but also to build positive relationships and an economically and culturally viable region where the citizens can live in the dignity of self-sufficiency. CSM is truly proud of its history and continued accomplishments and looks forward to the challenges of the future. CSM will continue
“Bringing Opportunities Within Reach” for those, we serve.
TABLE OF CONTENTS
SECTION 100
Policy Name
Development of Policies-………………………………………………………….100
Organizational Structure-…………………………………………………………101
Whistleblower-……………………………………………………………………..102
Employee Benefits-…………………………………………………………………103
Annual Leave/Sick Leave Gifts-Policy ……………………………………………104
Medical Insurance-…………………………………………………………………105
Political Activity-Policy…………………………………………………………….106
No solicitation and or distribution Policy………………………………………….107
Business Conduct Policy…………………………………………………………….108
Carelessness “No Tolerance” Policy………………………………………………..109
Disciplinary Action Policy….......................................................................................110
Conflict of Interest Policy……………………………………………………………111
Illegal Activities Policy………………………………………………………………..112
Nepotism Policy……………………………………………………………………….113
Outside Employment………………………………………………………………….114
Leave of Absences from Employment……………………………………………….115
Vehicle and Related Injuries…………………………………………………………116
Transportation Safety Policy…………………………………………………………117
Workforce Safety……………………………………………………………………..118
Employee Accidents…………………………………………………………………..119
Tobacco Ban…………………………………………………………………………..120
Drug Free Workforce………………………………………………………………..121
Aids and other life threatening illness………………………………………………122
Training Policy……………………………………………………………………….123
Tuition Policy…………………………………………………………………………124
Travel Policy………………………………………………………………………….125
Code of Conduct Standards of Expectations of Employees……………………….126
Request of Release of Information………………………………………………….127
Employee and/or Relative of an employee participation in CSM…………………128
Dress Code…………………………………………………………………………….129
General Work Rules………………………………………………………………….130
United States Mail Policy…………………………………………………………….131
Property Policy………………………………………………………………………..132
Personnel File Policy………………………………………………………………….133
Participation in CSM Sponsored Athletic Policy……………………………………134
Bulletin Board Policy………………………………………………………………….135
Administrative Referral Policy………………………………………………………..136
Data Privacy and Posting Notice………………………………………………………137
General Data Privacy and information sharing and authorization form policy……138
Adverse Incidents Policy………………………………………………………………..139
Infection Control Policy………………………………………………………………....140
Alcohol and Drug Use “No Tolerance” Policy…………………………………………141
Concealed Weapons Policy……………………………………………………………..Disability Discrimination Policy………………………………………………………..143
Equal Employment Opportunity……………………………………………………….144
Complaint Filing
Pregnancy Policy…………………………………………………………………………145
Workforce Violation “No Tolerance” Policy…………………………………………..146
Return to Work Policy…………………………………………………………………..147
Harassment Prohibition Policy………………………………………………………….148
Sexual Harassment Policy………………………………………………………………149
Memorandum of Understanding Policy………………………………………………..150
Gifts Policy……………………………………………………………………………….151
Referral Policy……………………………………………………………………………152
Code of Ethics…………………………………………………………………………….153
Board Mentoring Policy………………………………………………………………….154
General Data Info Sharing Policy………………………………………………………..155
CSBG Interagency Agreement Policy……………………………………………………156
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
PART I GENERAL POLICIES
SECTION 100
Date of Issue: May, 2002
Date of Revision: Updated Format 2007
I. BASIC PRINCIPLES
A. DEVELOPMENT OF POLICIES
The Board of Directors (Board) has delegated to the Executive Director the responsibility for administration of its Personnel Policy. The Executive Director has the primary responsibility for enforcement of the provisions and purpose of this Policy. The Executive Director may make supplemental rules necessary to carry out the purpose and intent of the policies contained herein. The Executive Director shall, pursuant to the Councils by-laws, act as the employer for all staff, and shall exercise all management prerogatives necessary for accomplishment of the mission of CSM.
B. ADOPTION AND AMENDMENTS
The Board and Policy Council have adopted this Personnel Policy. The Board shall approve all amendments, deletions, or additions to this Personnel Policy by written resolution. The Executive Director shall have the authority, however, to establish and modify personnel procedures as necessary.
C. EQUAL OPPORTUNITY
CSM will not discriminate against any employee or applicant because of race, color, religion, sex, national origin, age, handicap, status as a Vietnam-era or special disabled veteran, political affiliation, or union affiliation, in accordance with applicable state and federal laws. Included within the foregoing are: employment, promotion, demotion or transfer; recruitment or recruitment advertising; layoff; recall or termination; rates of pay or other forms of compensation; selection for training, and leaves of absence.
This policy was written with the attempt to avoid gender specific pronouns. However, where such avoidance would produce an awkward sentence, the masculine pronoun is used and should be considered to refer to both genders.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
ORGANIZATIONAL STRUCTURE-101
DATE OF ISSUE: May, 2002
DATE OF REVISION:
I. POLICY
The Executive Director shall establish an organizational table for CSM setting forth departments and their areas of responsibility, and may amend as necessary pending the addition and/or deletion of new programs, reductions in force and/or funding, or other conditions/situations that necessitate such amendment.
II. DISCUSSION
The Executive Director shall delegate responsibility and accountability to every employee in the completion of their job duties as stipulated in their job descriptions.
III. PROCEDURES
I. MANAGEMENT OF OPERATIONS
A. MANAGEMENT OF PERSONNEL ACTIONS
The Executive Director and his designated agents shall have the right to manage CSM operations within the policies and directives of the CSM Board of Directors.
B. GUARANTEE OF EMPLOYMENT
The employment of all employees is terminable, at will, and nothing expressed in this Personnel Policy or otherwise, either expressed or implied, shall create any promise or guarantee of continued employment.
CSM employees are not within the state civil service system. The legal nature of the employment relationship is described as "at will". That means that an employee is free to end his or her employment relationship at any time for any reason and/or for no reason. Likewise, CSM is also free to end the employment relationship at any time for any reason and/or for no reason. This does not mean that either the employee or CSM is intending to terminate the relationship or does not hope and expect that it will last until the employee elects to retire. It merely means that neither party, the employee or CSM, is legally obligated to the other to continue the relationship for any particular length of time, or to end it only for certain reasons or upon certain procedures.
We think it is important that all employees understand the precise legal nature of their employment relationship. It is our policy that, unless otherwise expressed in a written agreement, executed with appropriate Board authority all employment is "at will". No representative of CSM is authorized to make oral or spoken promises concerning employment which would change the nature of this "at will" arrangement. No such oral or spoken promises should be relied upon by the employee.
Certain terms and conditions of your employment relationship, such as the amount of vacation, holidays, paid leave and other employee benefit plans are found in those plans or in other written announcements or policies. These are not to be construed as altering the basic "at will" nature of the employment relationship.
II. CHANGES IN EMPLOYMENT STATUS
A. VACANCIES AND/OR PROMOTIONS
Vacancies in positions shall be filled with the most qualified personnel available, obtained either from within CSM or from external applicants. In cases where the qualifications of all applicants are deemed by CSM to be equal, and efficient operations will not be affected, vacancies will be filled with existing CSM personnel.
B. TRANSFERS
1. A transfer may occur when an employee changes job titles within the same pay grade, rate or range. Employees shall be transferred within the organization as far as practical to positions where their highest skills will be best utilized.
2. A transfer may occur as a result of an employee being selected to fill a position for which the employee submitted an application in response to a job posting or to respond to organizational change(s) resulting from reductions in funding and/or other factors that affect operations and administration.
3. When transfers of personnel are necessitated by organizational changes, every effort shall be made to place the affected employees in positions which will permit them to retain their salaries.
4. In making transfers within the organization, CSM will attempt to consider the desires of the employees involved.
5. Transfers to a particular job classification or to a particular location may be temporary or long-standing, and may be changed at the discretion of CSM. CSM considers moving employees to another site within the same job classification, a rotation, not a transfer. This rotation occurs as CSM attempts to meet the needs of the clients or community. The rotation may provide employees exposure to additional areas of the CSM operation. This may also result in the employee becoming more valuable and/or increase their opportunities for promotion(s).
C. DEMOTIONS
A demotion may occur under the following conditions:
1. If an employee has been determined to be unsuited for their present position, but may be expected to give satisfactory service in a lower paying position.
2. If an employee submits an application for a lower pay grade, rate, or range, and is selected to fill the position.
D. REDUCTION IN FORCE AND RECALL
If it is necessary to reduce personnel, the selection of employees to be retained shall be at the discretion of CSM, and shall be based on their relative efficiency and the necessity of the job entailed.
The following order of layoff has been established:
1. Temporary employees;
2. Probationary part-time employees;
3. Part-time employees;
4. Probationary full-time employees
5. Full-time employees, based on their length of service, provided that the employee(s) to be retained have the demonstrated ability and fitness to perform the available work, and the necessity of the job entailed.
An employee’s length of service is measured from the original date of hire with CSM so long as there has not been a break in service.
Should a layoff become necessary, those employees on reduction in force status will be maintained on a recall list for one year or until CSM determines the reduction in force is permanent. While the recall list exists, the employee should report to the respective Department Director if they become unavailable for recall. Once removed from the recall list, all recall rights will be forfeited. When recall does occur, it will be done on the basis of need, classification, ability to do the job and length of service.
Notice of recall will be sent by registered mail, return receipt, to the current home address (it is the responsibility of the employee to keep a current address on file). The employee has five working days after notification to respond to the notice. If no response is received, the employee will cease to have any job rights with CSM.
E. TERMINATION OF EMPLOYMENT
The employment relationship will have ended, termination will occur and the employee will be removed from the payroll for any of the following reasons:
1. Voluntary resignation.
2. Retirement.
3. Layoff which does not result in the employee being recalled within the lesser of the employee's length of service or one year.
4. Discharge.
5. Death.
An employee who desires to terminate their employment with CSM for any reason, should give a two (2) week written notice. Senior Management should give a thirty (30) day notice.
III. WORKING HOURS
A. WORKING HOURS
The workweek begins on Sunday and ends on Saturday, however, the normal workweek is Monday through Friday beginning each day at 8:30 A.M. and ending 4:30 P.M., except Center-Based employees, whose hours begin at 8:30 A.M. and end at 3:30 P.M., Monday through Friday. This provision shall not be construed as a guarantee by CSM of any amount of work in any period or as a limitation on the hours worked in any period.
B. BREAKS
Employees are provided a one hour lunch break. (This is intended to be preceded and followed by extended periods of work and cannot be used to cover a late arrival or early departure). For example: employees are not permitted to work from 8 A.M. to 4 P.M., or 8:30 A.M. to 4:30 P.M., and skip lunch. Any employee who works until noon and then calls in at 1 P.M. to indicate that they will not return will receive four hours pay for time worked. However, an employee who works the entire period from 8:30 A.M. to 1 P.M. will be paid for five hours.
C. OVERTIME
"Overtime" means working beyond a normal working period required to accomplish a job. Before working any overtime, an employee must receive permission to do so from his supervisor who must have authorization from the Department Head.
"Overtime Rate" is equal to one and one-half times an employee's hourly pay rate and begins when an employee works in excess of forty hours in any week.
Payment of overtime is made according to the following rules:
1. Employees who are considered to be performing professional or administrative services and will not be paid overtime.
2. Eligible employees will be paid at the overtime rate for hours worked immediately before regularly scheduled start times and/or hours worked immediately after regularly scheduled stop times. Since lunch periods fall within the normal work day, overtime may not be claimed for working during the lunch or break period.
3. Eligible employees will be paid at the overtime rate for hours worked in excess of forty hours in any week. Eligible employees are paid strictly for hours worked. The lunch period is excluded from such hours. In other words, the true productive working time as reported on the hourly employee's time sheet is the basis for payment.
Reporting overtime is accomplished by including such hours on the time sheet with all confirmation and approval signatures.
1. Each job shall have a job title and a written job description. All positions shall be grouped in pay grades, rates or ranges. These pay grades, rates or ranges shall include those positions determined to be sufficiently alike to justify common treatment in selection and compensation.
2. Each regular employee shall receive a copy of his job description that will become a part of and attached to his/her Personnel Policies and Procedures Manual, which sets forth the basic duties of employees. A job description is not limiting, however, and other duties may be assigned or required of employees.
The employee and their supervisor to determine if the job description truly represents the work activities of each employee should review all CSM job descriptions annually. Any significant changes in a job description will require the Department Director and the Human Resources Director to complete a job analysis to determine whether:
a. The employee should be moved to a higher pay grade, rate or range; or
b. The employee should stay in their current pay grade, rate or range; or
c. The employee should be moved to a lower pay grade, rate or range.
3. Performance evaluations should be viewed as a meaningful two-way dialogue, an exchange of information between the supervisor and subordinate. This should help ensure employees perform their job to the best of their abilities. It is important that employees be recognized for good performance and receives appropriate suggestions for improvement when necessary. Consistent with this goal, performance will be evaluated by supervisors on an ongoing basis.
Full-time employees will also receive periodic written evaluations of their performance. Such evaluations will normally occur after 30, 60, and/or 90 days of initial hire. In addition, employees promoted or transferred to a new position, will normally be evaluated in writing after 30, 60 and/or 90 days. Also, employees will receive a written evaluation covering the period from the last evaluation through the promotion or transfer. CSM endeavors to conduct written performance reviews of each employee's performance not less than once during the specified program year, and no later than December 31 of each calendar year.
All written performance reviews will be based on overall performance in relation to job responsibilities and will also take into account conduct, demeanor, and record of attendance and tardiness.
After a conference with the employee and the supervisor who completed the review, the performance evaluations shall be kept in the employee's Personnel file. It shall become a permanent part of the employee record and will be considered in making personnel actions. Employees who disagree with their review may file a rebuttal have it placed in their Personnel file along with the performance review.
In addition to the regular performance evaluations described above, special written performance evaluations may be conducted by Supervisors at any time to advise employees of the existence of performance or disciplinary problems.
Performance reviews are designed to give you some feedback on how your work is perceived and possible areas of improvement. A performance review that is less than satisfactory does not necessarily mean that your employment will be terminated. By the same token, a satisfactory or favorable review is not intended to be a representation or an assurance of continued or guaranteed employment.
REGULAR POSITIONS
Any employee hired for full or part-time regular employment shall work in an orientation period of 90 days in order to determine if the employee appears suitable for the position and/or if the employee likes the position.
Regular employees shall be placed in one of two types:
1.Those employees whose employment relationship with CSM is governed by contract shall be referred to as "contract employees" and placed in one of the following categories:
2.By the job position for which they have been contracted to perform, e.g. Bus Driver, Custodian, Teacher, Assistant Teacher, Assistant Cook, Family Services Worker, and other CSM positions;
3.By Program Designation, i.e. Weatherization, WIA Head Start, CSBG, etc.
4.By Job Specific Designation, i.e. Cook, Bus Driver, Custodian, Teacher, Assistant Teacher, Assistant Cook, Family Services Worker, etc.
5. All other employees shall be referred to as Administrative employees.
TEMPORARY NON-SPECIAL GRANT POSITIONS
1.An employee hired in a temporary position, including any college internship programs, or Summer Youth employment programs, shall not be initially employed for longer than three months except in unusual circumstances. All temporary employees shall be informed of their status prior to the beginning of their work assignment or as governed by an appropriately executed contract
TEMPORARY SPECIAL GRANT POSITIONS
1.The Personnel Policy covers employees paid from funds received from non-traditional sources. Termination may occur for many reasons including loss of the special grant funds.
PART TIME POSITIONS
1.Part time employees may be hired for specific periods to perform intermittent or seasonal work. Part time employees shall not be entitled to annual leave, holidays, sick leave, insurance or any other benefits set forth in this policy.
SELECTION PROCESS
A. EXTERNAL APPLICATIONS AND INTERNAL JOB POSTINGS
1.Persons desiring employment shall file written applications and/or submit resumes setting forth their qualifications, experience, references and other information as may be required. Motor Vehicle Driving records and Police Records (for convictions only), will be conducted as necessary and appropriate for the open position.
2.CSM has established a job-posting program to give employees an opportunity to apply for open positions. Generally, all positions will be posted. CSM reserves the right to withhold the posting of temporary and part time positions as necessary and appropriate. CSM has the right to advertise externally, simultaneously or prior to the actual internal posting of any open position.
3.Vacancies are normally posted on designated bulletin boards at all CSM offices. Postings generally include the title, the minimum requirements, and the closing date for filing applications. Positions are normally posted for five workdays.
4.In order to be eligible to be interviewed for a posted position, employees must:
Be a regular employee, enrollee/trainee in other CSM programs or temporary/seasonal worker.
Meet the minimum requirements for the position; and
Be an employee in good standing in terms of an overall work record.
5. Not every employee who applies for a position will be interviewed. New employees shall not be permitted to apply for a posted position until expiration of at least 90 days of employment, and employees who qualify for and accept a posted job shall not be permitted to apply again for a period of six months from the date that the employee started the posted job.
6. Employees are responsible for monitoring job vacancy notices and for completing and filing an in-house application form or submitting resumes for a specific opening.
7. Employees are not required to notify their supervisor when submitting an application for a posted position. However, if they are a finalist for the position, their supervisor will be notified prior to the completion of the application process, for among other things, a recommendation. Employees regarding the status of the employee’s candidacy and the selection process of a specific posting may contact the Human Resources staff.
When an employee's job application is accepted, they will be given an orientation period not to exceed 30 working days in which to demonstrate that they are capable of satisfactorily performing the new job duties. If at the end of the 30 day period, the work of the employee is not satisfactory, as solely determined by CSM, or the employee desires to return to their former position, they shall be returned to the regular job they held prior to the accepted application at a the same base rate held immediately prior to the promotion or transfer, if such position is still available.
EXAMINATION
The qualifications of applicants will usually be appraised by means of an examination which may consist of one or more of the following parts: a rating of experience and training; a written test; an oral test or interview; and, a performance or demonstration test.
VERIFICATION OF PREVIOUS EMPLOYMENT, REQUIRED EDUCATION AND POLICE AND MOTOR VEHICLE DRIVING RECORDS.
Successful candidates may be required to present written verification of required education. If a degree is required, successful candidates will be required to produce either a copy of the degree or verification from the degree-granting institution. If a defined number of college credits are required, successful candidates will be required to furnish transcripts showing completion of the required credits. It is the practice, in such cases to require courses in defined fields of instruction, which are directly related to the position, as well as "general education" credits. Such "general education" credits are credits, which are either required for or applicable to attainment of an AA or BA/BS degree.
CSM will conduct a review of each new employee's driving and police record and employment history. Continued employment is contingent on the accuracy of information contained in the employment, educational, police and motor vehicle driving records and the relevancy to the position.
PREFERENCE TO RESIDENTS
All other things being equal and acceptable, applicants who are not CSM employees, but who reside in McDowell County will be selected for positions over outside candidates who are non-residents.
ELIGIBILITY OF FORMER EMPLOYEES FOR REHIRE
CSM will not rehire anyone who has been discharged. Employees who were hired as a temporary and then laid off due to budget or time restrictions may be rehired depending on the open position and the individual's experience, education and their previous job performance while at CSM.
PAY RELATED ISSUES
A. DETERMINATION OF RATES
In considering the establishment of appropriate salaries, CSM shall consider, but not be limited to, the following factors: external comparability, internal comparisons, recruitment needs, and the CSM's capacity to pay.
The pay grades, rates and ranges shall be established in accordance with the guidelines of the specific funding source. Salary increases for all Administrative employees will be presented to the Board, generally on an annual basis or in conformity to the specific funding cycle or source for approval and implementation.
B. TIME SHEET/TIME CLOCKS
Each employee will be provided with a time sheet every pay period. Each day employees are required to fill in all starting and ending times, all absences and the total hours worked. At the end of the pay period, a signed time sheet is to be given to the immediate supervisor. The supervisor will review, sign and forward it to the Payroll Specialist where it will become a part of your payroll record.
Each employee must make every effort to keep accurate, correct and legible time sheets. Time sheets must be submitted in accordance with the prescribed schedule that is posted in the Finance Office, and made available to each employee.
C. PAYCHECKS
1. Pay Day
Normally employees will be paid the fifteenth day and the last day of the month, excluding the second pay in December. CSM does not hold back any pay upon initial hire. All hours worked by a new employee are turned in during the usual payroll processing cycle. The pay period consists of consecutive days as established and posted by the Finance Office at the beginning of each calendar year.
2. Errors
Employees are instructed to review their paychecks for errors. If there are any questions or concerns, employees should not cash the check. Instead, they must immediately notify their supervisor. If the mistake has been made by CSM, the error will be corrected as soon as possible, and the employee should receive an appropriate check that day. If the mistake occurs resulting in an overpayment to the employee, the error will be corrected by deduction from the next paycheck, or the issuance of a corrected paycheck that day.
3. Lost or Stolen Checks
Employees who suspect their paycheck is lost or stolen should immediately notify their supervisor. CSM will issue a stop payment order, unless the check has cleared the bank. Another paycheck will be issued and the prevailing amount will be deducted to cover the expenses of the stop payment. However, CSM is not responsible for lost or stolen paychecks.
4. Pay Advance
CSM will not issue any employee a pay advance except under the provisions of Request for Vacation/Annual Pay Advance.
5. Request for Vacation/Annual Pay Advance
Any employee who will be on Vacation the entire week during which paychecks are issued may submit an extra time sheet the pay period prior to the anticipated absence. Employees will receive the early paycheck at the end of the last working day prior to their vacation, assuming the employee has enough Vacation/Annual time to cover the absence.
6. Payroll Deductions
All requests for any deductions, changes and/or cancellations of deductions must be made in writing, submitted to and received by Finance Office prior to the end of the pay period.
7. Absence on Payday
Unless otherwise requested, CSM will not release the paycheck of an absent employee regardless of the reason for the absence. CSM may release the paycheck if that person has written permission from the employee to pick up the paycheck.
8. Final Paycheck
All final paychecks will be processed during the normal payroll cycle. Therefore, unless an employee is discharged, they will not receive their paycheck until the payday in which other employees are paid for that time period.
9. Miscellaneous
Voluntary payroll deductions, benefits and or services include: Employee Savings Plan, employee insurance, benefit plans, and participation in the CSM Credit Union.
WITHHOLDING STATEMENTS (W-2 FORM)
A Statement of Withholding tax (State & Federal) will be supplied each employee no later than January 31 of the current year that covers the preceding year.
10. Exit Interview
All employees are encouraged to participate in the exit interview process. The purpose is to allow the employee an opportunity to share their thoughts about the work environment. CSM is interested in the suggestions and/or enhancements in the services, procedures, policies and facilities. These will be kept confidential and will not become a part of the employee's personnel file.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
Section 100
Whistleblower Policy-102
DATE OF ISSUE: April 15, 2008
DATE OF REVISION:
I. Policy
The Council of the Southern Mountains’ Code of Ethics and Conduct requires directors, officers and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the Organization, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations.
I. Discussion
It is the responsibility of all directors, officers and employees to comply with the Code and to report violations or suspected violations in accordance with this Whistleblower Policy.
II. Procedures
A. No Retaliation
1. No director, officer or employee who in good faith reports a violation of the Code shall suffer harassment, retaliation or adverse employment consequence.
2. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment.
3. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within the Organization prior to seeking resolution outside the Organization.
B. Reporting Violations
1. The Code addresses the Organization’s open door policy and suggests that employees share their questions, concerns, suggestions or complaints with someone who can address them properly. In most cases, an employee’s supervisor is in the best position to address an area of concern. However, if you are not comfortable speaking with your supervisor or you are not satisfied with your supervisor’s response, you are encouraged to speak with someone in the Human Resources Department or anyone in management whom you are comfortable in approaching. Supervisors and managers are required to report suspected violations of the Code of Conduct to the Organization’s Compliance Officer, who has specific and exclusive responsibility to investigate all reported violations. For suspected fraud, or when you are not satisfied or uncomfortable with following the Organization’s open door policy, individuals should contact the Organization’s Compliance Officer directly.
C. Compliance Officer
1. The Organization’s Compliance Officer is responsible for investigating and resolving all reported complaints and allegations concerning violations of the Code and, at his discretion, shall advise the Executive Director and/or the audit committee. The Compliance Officer has direct access to the audit committee of the board of directors and is required to report to the audit committee at least annually on compliance activity. The Organization’s Compliance Officer is the chair of the audit committee, the agency Board of Directors Treasurer.
D. Accounting and Auditing Matters
1. The audit committee of the board of directors shall address all reported concerns or complaints regarding corporate accounting practices, internal controls or auditing. The Compliance Officer shall immediately notify the audit committee of any such complaint and work with the committee until the matter is resolved.
E. Acting in Good Faith
1. Anyone filing a complaint concerning a violation or suspected violation of the Code must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
F. Confidentiality
1. Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
G. Handling of Reported Violations
1. The Compliance Officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation.
Audit Committee Compliance Officer
Council of the Southern Mountains Management Staff
Source: Independent Sector for Nonprofits, 2008
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
Employee Benefits-103
DATE OF ISSUE: May, 2002
DATE OF REVISION:
I. POLICY
CSM will strive to offer the best possible benefits for employees in addition to those mandated. This policy will always be based on availability of funds and legal requirements.
A. UNEMPLOYMENT AND WORKER'S COMPENSATION
1. Employees shall be covered by Unemployment and Worker's Compensation Insurance pursuant to applicable state and federal laws. Employees receiving any disability benefits from Worker's Compensation shall not receive any pay from CSM.
B. RETIREMENT PLAN
1. All full time, regular employees with more than one calendar year of service are eligible for the CSM Retirement Plan. A more detailed explanation is available from the Executive Director.
C. HEALTH INSURANCE
1. All full time employees and/or their dependents may be eligible to enroll in a Health Insurance Plan. The extent of those plans are governed by budgetary authority of each program/project. Employees will be provided with policy certificates showing the extent of such insurance coverage.
2. There is generally an open enrollment period throughout the year. It is possible to continue the health insurance after termination, divorce or death of an employee under certain provisions. (The Executive Director has additional information).
D. GROUP LIFE INSURANCE
1. All full time employees are eligible to enroll in the group term life insurance coverage. A more detailed explanation is available in the Executive Director’s office.
E. BENEFIT PLANS
1. Eligibility, benefits, procedure decisions, vesting and all other aspects of these benefits are as stated in the respective plans and policies. All determinations under the plans and policies are to be made by the trustees or insurers and not CSM. Copies of all plans or policies are available in the Finance Office for you to read. You should read this material so that you will be aware of all the benefits and procedures. CSM will assist you in these matters, but all final procedures and decisions will be made by either the trustees or the insurer.
2. All benefits will be suspended during layoffs, leaves of absence or any period when employees are not actually working.
F. PAID TIME OFF
A. HOLIDAYS
1. The following holidays with pay shall be observed. Eligible employees not working the following days shall be compensated at their regular rate for hours worked:
New Year's Day
Martin Luther King's Birthday
Memorial Day
West Virginia Day
Independence Day
Labor Day
Election Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Day (December 24-December 26)
2. When a holiday falls on a Sunday, the following Monday shall be observed as the official holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as the official holiday.
3. To receive the holiday pay, the employee must have worked in full their regularly scheduled workday before and after the holiday. Exception: The employee will be deemed to have worked such days if the employee was ill and presents medical certification which is approved by CSM, or if the absence was due to death in the family.
G. EMERGENCY CLOSING
1. Executive Director or his designee may close the Council of the Southern Mountains Central Office facility or satellite locations (individually or collectively) due to inclement weather or emergency situations on days other than regularly scheduled holidays. Should this occur, every attempt will be made to notify employees using telephones and announcements over local radio and television stations. Unless otherwise directed, employees are not expected to work during an emergency closing.
2. The absence will be considered an excused absence for all affected employees, and will not be charged to leave time. Should an emergency or inclement weather closing occur while an employee is already on pre-approved leave time, i.e., sick, vacation, he or she is not entitled to additional wages, but may substitute the emergency or inclement weather closing day for the pre-approved earned leave time day.
3. Employees who do not report for work in the absence of an official closing that day will be charged one day of annual leave.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURES MANUAL
SECTION 100
Annual Leave/Sick Leave Gifts-Policy 104
Date of Issue: May, 2002
Date of Revision: November 30, 2006
I. POLICY
The Council of the Southern Mountains desires to create a positive work environment for employees. This is accomplished partially by giving eligible staff paid time off from work as a gift or reward. Eligible staff are full-time employees with at least 90 days of completed service with Supervisory approval for annual leave/sick leave gifts.
II. DISCUSSION
In order to meet funding requirements and to ensure no unfunded liabilities are created, the Council establishes that approved paid absences from work are gifts of the agency to eligible employees successfully completing their job duties and responsibilities. The agency does not pay staff for unused vacation or sick days at the termination of their employment. Annual and Sick Leave is considered a gift of the agency to eligible staff.
III. PROCEDURES
A. VACATION/ANNUAL LEAVE
1. Eligibility
Employees in regular full time positions shall be given vacation/ annual leave with pay. All other employees are not eligible to earn annual leave. In the event that an employee is reclassified to a regular full time position, annual leave shall be computed from the date of their recent date of hire based on the number of hours worked during each pay period. In no event will annual leave pay be given in excess of the
Annual/Sick Leave Policy
Page Two
provisions of this Section. All annual leave must be approved in advance. An employee must have successfully completed 90 days of employment before such leave with pay may be taken.
2. Scheduling of Leave
Just as employees are provided with a work schedule to enable them to plan their personal activities, CSM needs to know as far in advance as possible whenever an employee will be absent in order to plan the work activities. This allows CSM to ensure it has the proper amount of staff members scheduled to be working each day with the technical skills needed for work assignments to be completed and services delivered.
Employees wishing to be absent from work, use annual leave and to be paid as a gift for the absence, must request in writing for advance permission to use annual leave. After the Supervisor has approved a request it will be sent to the Department Director. This should be done not less than 24 hours in advance of their anticipated absence to enable each Department Director to determine who is scheduled off prior to the start of the workday.
As far as possible, time off for annual leave with pay will be granted during the week or weeks requested by the employee, but final approval of time off for annual leave will be made by CSM in order to insure orderly operations. Last minute requests by the employee for annual leave, other employees' previous requests, work assignments, unfilled positions due to disability leave, retirement, termination, etc., may not allow the Supervisor to approve your request. CSM reserves the option to exercise this right.
Switching days off with another employee is not permitted unless the Supervisor(s) approves the change.
3. Use of Annual Leave
CSM employees are given annual or vacation hours each pay period; employees are generally expected to use them in periods of consecutive days or weeks. CSM does not prohibit the use of annual for an individual day,
Annual/Sick Leave Policy
Page Three
but does not encourage or promote this practice on a continuous basis. Vacation allows time away from work. Normally, employees will not be paid in lieu of time off. Therefore, employees are encouraged to take lengthy periods to provide ample rest and relaxation.
The minimum charge against annual leave shall be in one hour increments.
4. Computation of Annual Time
Annual leave with pay shall be given on a semi-monthly basis, beginning with the first pay period of employment. All absences, except annual leave and holiday hours, shall not be considered as hours worked for purposes of computing when annual leave with pay is awarded as a gift.
Length of Employment Annual Leave Earned
One month to 60 months 1 day per month
61 months to 120 months 1.5 days per month
121 months to 180 months 1.75 days per month
181 months and over 2 days per month
For purposes of computing annual leave with pay, employment is defined as uninterrupted service since the last day of hire while retained on CSM payroll records. Periods such as layoff, leave of absence or other time when the employee is not considered on the active payroll will not be credited toward annual leave gifts.
5. Carry Over Leave
Employees may accumulate and carry over 30 days of annual leave gifts from year to year. Any accumulated leave in excess of the carry over amount will be void and not available as of the close of business on December 31 of each calendar year. However, the Executive Director, at his discretion, may approve annual leave carry over in excess of one year.
6. Miscellaneous
Annual/Sick Leave Policy
Page Four
Payment for annual leave gifts shall not be paid unless leave is actually taken from work. Legal holidays occurring during the employee's annual leave period shall not be charged or counted as annual leave.
B. SICK LEAVE
1. Eligibility
Employees in regular, full time positions shall be given sick leave with pay. Other employees are not eligible to earn sick leave. An employee must have successfully completed 90 days of employment before such leave with pay may be taken as a gift of the agency.
2. Certification
Sick leave balances and usage will be monitored. Employees who have low sick leave balances (unless due to significantly long illness), are probably in violation of the acceptable standards. Employees are considered to be in violation of the sick leave policy if they are off for two separate events during a pay period or three in a month.
Employees on sick leave are not permitted to work for any other employer. Sick leave taken for false reasons or for trivial illness (where the employee is able to perform normal work duties), or falsification of written statements or physician's certification, shall be sufficient grounds for disciplinary action and/or discharge.
3. Computation of Sick Leave
Sick leave with pay shall be given to eligible employees on the basis of 3.75 hours per pay period, making a total of 90 hours per calendar year. In order to have 3.75 hours per pay period awarded as a gift, the employee must have worked or been paid for at least 35 hours of work for that pay period.
4. Accumulation of Sick Leave
Annual/Sick Leave Policy
Page Five
Sick Leave gifts may be accumulated within a calendar year. Sick leave may be accumulated only during periods of active employment and will not accumulate during periods of layoff, leave of absence or other unpaid periods.
Employees may carry over up to 720 hours of sick leave gifts. Any balance in excess of 720 hours as of the close of business on December 31 of each calendar year will be lost.
5. Granting: Sick leave gifts shall be granted to the employees for the following reasons:
a. Illness: Sick leave may be granted in the event of an illness of or injury to, an employee who incapacitates him/her from performance of duties. An employee who elects not to utilize sick leave under this section must apply for a medical leave of absence without pay (See Medical Leave of Absence).
b. Death in the Immediate Family of the Employee: Sick leave shall be granted up to 5 days to an employee for the death of a member of his immediate family as a gift from the agency. The immediate family includes only the employee's father, mother, son, daughter, brother, sister, husband, wife, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandfather, grandmother, grandchildren, stepmother, stepfather, and stepchildren.
c. Exposure to Contagious Disease: Sick leave may be granted in the case of exposure to contagious disease when a physician determine and states in writing that the employee's presence on duty may jeopardize the health of others.
d. Pregnancy: An incapacity due to pregnancy shall be charged to sick leave under the same conditions applying to any illness.
e. Routine Medical Appointments-Employee: Routine dental and medical appointments for treatment or examination of the employee may be
Annual/Sick Leave Policy
Page Six
charged to sick leave gifts. Reasonable travel time gifts for the appointments may also be charged to sick leave not to exceed a total of three hours per occurrence.
f. Illness and/or Routine Dental and Medical Appointments-Immediate Family: Absence for illness of a member of an employee's immediate family or routine dental or medical appointments, including reasonable travel time, for an employee's immediate family may be charged to sick leave.
Minimum Charge: The minimum charge against sick leave shall be in one-hour increments.
6. Unused Accumulated Sick Leave
Sick leave gifts may only be used for the reasons outlined above. No employee shall be entitled to or paid for unused accumulated sick leave.
7. For extended periods of sick leave, a physician's statement confirming the necessity for continued leave must be submitted every thirty (30) calendar days. The necessity for absence because of exposure to contagious disease must be verified regardless of the length of absence.
8. The Department Head may permit an employee to return to work from sick leave at less than full duty, but the terms of return shall be in writing and are subject to review by the Executive Director. The review may include the requirement of additional information from a physician regarding the employee's ability to perform the essential duties of his job.
a. Any denial of an employee's request to return to work at less than full duty must be approved by the Executive Director.
b. The Executive Director may deny the request to return to work at less than full duty under conditions including, but not limited to, the following:
Annual/Sick Leave Policy
Page Seven
1. the employee cannot perform the essential duties of his job;
2. the nature of the employee's job is such that it may aggravate the employee's medical condition; or,
3. the approval of the request would seriously impair the conduct of business.
9. Miscellaneous
Payment for sick leave gifts shall not be paid unless leave is actually taken
from work. Legal holidays occurring during the employee's sick leave
period shall not be charged or counted against sick leave gifts.
EMPLOYEE ACKNOWLEDGEMENT
I have read and understand the updated Annual/Sick Leave Policy as passed by the Board
of Directors on November 30, 2006. I acknowledge that annual and sick leave is a gift
from the agency and that I will not be paid for any unused annual or sick days when I
leave the Council.
__________________________________________
Signature Date
(This form is to be filed in your Personnel File. Please forward to the Executive Director)
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
Medical Insurance Coverage - POLICY 105
Date of Issue: August 24, 2004
Date of Revision: Updated Format 2007
I. POLICY
Medical Insurance Coverage
It is the intent of CSM to provide health insurance coverage to as many employees as possible based on the availability funds. The agency cares about the employees and desires to provide a “safety net” to employees struck by serious illnesses or accidents. This “safety net” is only available when revenues are sufficient to meet this need and decisions are made on a case-by-case basis by Project Directors, Director of Finance, and the Executive Director.
II. PROCEDURES
A. For employees covered by medical insurance, coverage becomes effective on the first day of the month following the month of employment. The amount of insurance premiums will be determined by the Executive Director based on project funding, with submission to all governing bodies for appropriate approval, on an annual basis. Part-time employees may participate in insurance coverage based on the regulations of the insuring company or entity, at their own expense.
B. Employees covered by medical insurance will be fully covered during eligible family medical leave.
C. Any employee off work without pay after sick leave and annual leave has been used and/or after exhausting Family Medical Leave Act time off from work (12 weeks within a calendar year for a medically acceptable reason) will have insurance coverage provided by the CSM for up to six months if funding is available.
D. In the event an employee is disabled and becomes covered by a disability medical insurance before the six months is completed, the employee must notify CSM to have medical insurance discontinued. Any employee obtaining a disability related medical insurance coverage while receiving CSM coverage will be responsible to reimburse the agency for duplicated coverage periods. This does not include Worker’s Comp medical coverage of a work related injury.
For example, an employee becomes disabled in a car wreck and exhausts all accrued annual and sick leave and family medical leave through the agency in October. That employee may have medical insurance continued if funding is available for up to six months, April of the next year. However, in the event the employee obtains disability status under Social Security (SSDI) in January and is fully covered through Medicare for medical coverage, then the employee must notify CSM immediately. If there is no notification, the employee will be liable to repay CSM for 3 months of insurance premiums (February, March, April).
E. Once the six month period passes for eligible employees, they may elect to carry insurance through the agency at their own expense. Payment must be made to the Finance Office by the 5th day of the month to ensure continuation of coverage. CSM will not make payments to insurance providers until the agency has received payment from the employee.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
Political Activity- POLICY 106
Date of Issue: May, 2002
Date of Revision: Updated Format 2007
Revisions in Italicism June 17, 2008
I. POLICY
CSM employees are subject to the provisions of the Hatch Act, Public Law 252 of the 76th Congress of the United States that regulates political activities.
II. DISCUSSION
Employees of private nonprofit organizations are covered by the Hatch Act only if the statute through which the organization receives its federal funds contains language that the organization shall be considered to be a state of local agency for purposes of the Hatch Act, i.e., Head Start and Community Service Block Grant (CSBG) statutes. An employee’s conduct is also subject to the laws of West Virginia and the regulation of this agency. Additionally, employees should be aware that the prohibitions of the Hatch Act are not affected by state or local laws. CSM receives funding from the Community Service Block Grant.
III. PROCEDURES
The Hatch Act prohibits:
1. Use of official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office.
2. Directly or indirectly coercing, attempting to coerce, commanding or advising any other officer or employee to pay, lend or contribute anything of value to any party, committee, organization, agency or person for political purposes.
3. Active participation in political management or in political campaigns.
4. CSM employees contemplating running for an office, must contact the Executive Director so it can be officially determined if the office being sought is a partisan or nonpartisan election.
5. Permitted political activities for CSM employees are:
Opportunity to run for public office in nonpartisan elections
Campaign for and hold office in political clubs and organizations
Actively campaign for candidates for public office in partisan and nonpartisan elections
Contribute money to political organizations and attend political fundraising functions
6. Prohibited activities include:
Being a candidate for a public office in a partisan election
Use official authority or influence to interfere with or affect the results of an election or nomination
Directly or indirectly coerce contributions from subordinates in support of a political party or candidate
Political activities, i.e., campaigning with signs, etc., during work hours or on agency premises.
7. Penalties for Violating the Hatch Act
If the Merit Systems Protection Board finds that a violation of the Hatch Act warrants dismissal from employment for the staff person in question, CSM must either remove (terminate) the employee or forfeit a portion of the federal assistance equal to two years salary of the employee. If the Board finds the violation does not warrant the employee’s removal, no penalty is imposed at the federal level. CSM will, however, evaluate if the employee sought a ruling from the Executive Director if the office being sought was partisan or nonpartisan before the actual filing for the election. If this is violated, the employee is subject to disciplinary action.
The United States Civil Service Commission enforces these restrictions. If an employee has any questions about what activity is prohibited or allowed under the Hatch Act, the Executive Director must be consulted so the matter may be presented in writing to the West Virginia Secretary of State and/or the United States Civil Service Commission, Office of Special Counsel, 1-800-854-2824 for a ruling.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
NO SOLICITATION AND/OR DISTRIBUTION-POLICY 107
Date of Issue: May, 2002
Date of Revision: Updated Format 2007
I. POLICY
Employees, with the advance permission of their supervisor, are allowed to engage in solicitation, fund raising, and/or distribution of goods or literature for the
United Way
campaign and the American Red Cross blood drive on CSM premises during working hours.
II. PROCEDURES
1. Employees wishing to conduct any other solicitation, fund raising, and/or distribution of goods or literature for any cause or reason at any CSM premises must:
a. Request in writing for permission, prior to any activities; and
b. Receive written approval from the Executive Director or his designee prior to any activities; and
c. Agree to conduct any activities before or after working hours, or during their non-work time and the non-work time of any other employees.
d. Non-employees are not permitted to conduct any type of solicitation or distribution of any literature or other material to employees, clients or persons doing business with CSM on any CSM property without the approval of the Executive Director or his designee.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
BUSINESS CONDUCT- POLICY 108
Date of Issue: May, 2002
Date of Revision: Updated Format 2007
I. Practice of Ethical Behavior
Unethical actions, or the appearance of unethical actions, are unacceptable under any conditions. The policies and reputation of The Council depend to a very large extent on the following considerations.
Each employee must apply her/his own sense of personal ethics, which should extend beyond compliance with applicable laws and regulations in business situations, to govern behavior where no existing regulation provides a guideline. It is each employee's responsibility to apply common sense in business decisions where specific rules do not provide all the answers.
II. Discussion
In determining compliance with this standard in specific situations, employees should ask themselves the following questions:
1. Is my action legal?
2. Is my action ethical?
3. Is my action moral?
4. Does my action comply with The Council policy?
5. Am I sure my action does not appear inappropriate?
6. Am I sure that I would not be embarrassed or compromised if my action became known to The Council or publicly?
7. Am I sure that my action meets my personal code of ethics and behavior?
8. Would I feel comfortable defending my actions on the 6 o'clock news?
9. Will my actions jeopardize, compromise and/or diminish the operational integrity and reputation of The Council?
Each employee should be able to answer, "Yes" to all of these questions before taking action.
Each Director, Manager and supervisor is responsible for the ethical business behavior of her/his subordinates. Directors, Managers and supervisors must weigh carefully all courses of action suggested in ethical as well as economic terms, and base their final decisions on the guidelines provided by this policy as well as their personal sense of right and wrong.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURES MANUAL
SECTION 100
CARELESSNESS “NO TOLERANCE” POLICY- POLICY 109
DATE OF ISSUE: March 16, 2005
DATE OF REVISION:
I. POLICY
The Council of the Southern Mountains strives to provide a workplace that is free from unnecessary hazards and maintains the care, welfare, safety and security of staff and clients to achieve the mission of self-sufficiency for Council consumers.
II. DISCUSSION
The Council prohibits, forbids, and does not tolerate carelessness, substandard
or hazardous work practices within its facilities, on its property or while conducting entity/customer business by employees or volunteers. The Council does not tolerate the willful violation or circumvention of any federal, state, local, or foreign law by an employee during the course of that person's employment; nor does The Council tolerate the disregard or circumvention of Council policy or engagement in unscrupulous dealings. Employees should not attempt to accomplish by indirect means, through agents or intermediaries, that which is directly forbidden.
Implementation of the provisions of this policy is one of the standards by which the performance of all levels of employees will be measured.
III. PROCEDURES
A. The Council expects and demands that its employees perform their employment duties with care and attention to client needs and the safety and welfare of fellow workers based on quality standards and requirements.
B. Employees who are careless or negligent in performing their job duties will be subject to discipline. Carelessness or negligent behavior or actions may result in discipline up to and including immediate discharge.
C. Employees who fail to respond to Council efforts to correct carelessness may be subject to discipline up to and including discharge.
Council of the Southern Mountains
Carelessness Policy 109
Page Two
IV. Care of Facilities
A. All working areas and the common building areas must be kept as clean as possible and/or practical. Spill cleanup, proper trash disposal (even if it comes from someone else), and neat storage of records and supplies are essential to maintain an attractive working environment.
A. It is an employee's duty to protect and conserve CSM property, including equipment, supplies and all other property entrusted to them.
V. Reporting Procedures
A. Employee or consumer questions, problems, or complaints regarding a violation of this policy, or discrimination in general, must communicate the concerns to their immediate supervisor or Project Director.
B. When an employee is uncomfortable reporting to their supervisor or if the supervisor is the source of the problem, condones the problem, or ignores the problem, then the employee must report to the supervisor’s supervisor or Human Resources Director.
C. If neither of these alternatives is satisfactory then an employee or consumer may direct questions, problems, complaints, or reports to the Executive Director.
D. Employees or consumers are not required to directly confront the person who is the source of a report, question, or complaint before notifying any of those individuals listed.
Reference:
AIG, Public Employment Risk Management,
User’s guide for Public Entities. Public Entity Division.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURES MANUAL
SECTION 100
DISCIPLINARY ACTION- POLICY 110
DATE OF ISSUE: May, 2002
DATE OF REVISION:
Disciplinary Action
Failure to comply with the standards contained in this policy will result in disciplinary action that may include termination, referral for criminal prosecution, and reimbursement to The Council or to the awarding agency, for any loss or damage resulting from the violation. As with all matters involving disciplinary action, principles of fairness will apply. Any employee charged with a violation of this policy will be afforded an opportunity to explain her/his actions before disciplinary action is taken, and upon appeal if this option is available and exercised within prescribed parameters.
Disciplinary action will be taken:
1. Against any employee who authorizes or participates directly in actions that are a violation of this policy.
2. Against any employee who has deliberately failed to report a violation or deliberately withheld relevant and material information concerning a violation of this policy.
3. Against any Director, Manager or supervisor who attempts to retaliate, directly or indirectly, or encourages others to do so, against any employee who reports a violation of this policy.
VII. DISCIPLINARY ACTION
CSM uses an oral and written system to explain work deficiencies and to explain the seriousness of disciplinary matters. Disciplinary matters may range from oral warnings to discharge. The degree of the discipline will be determined according to how CSM perceives the seriousness of the offense and the surrounding circumstances. Nothing in this policy requires a Supervisor to start all disciplinary action with an oral warning. Some offenses will result in more severe disciplinary action, up to and including discharge, after only one offense. Furthermore, nothing in this policy prohibits a Supervisor from implementing any combination of warning, probation and/or suspension.
Employees may use the official response form if they disagree with any disciplinary action or performance review. They will be kept in the employee's Personnel file and become part of the permanent record. Also, employees who disagree with any disciplinary action, including discharge, may utilize the Formal Problem Resolution Procedure to challenge the action.
An employee who violates the common standards of acceptable behavior, the Personnel Policy, work rules and/or operating procedures may be subject to any of the following disciplinary actions:
A. ORAL WARNING
An oral warning may be used as the initial warning for minor offenses. The employee's Supervisor will explain the problem to the employee in a private and confidential manner. The objective will be to correct misunderstandings and prevent repetition.
B. WRITTEN WARNING
A written warning is more serious than an oral warning. The employee's Supervisor will explain that due to a prior warning or due to the severity of the present violation, a written warning is necessary and a copy will be placed in the employee's personnel file. Employees are instructed to sign the written warning. The employee's signature does not indicate agreement with the facts or consent to the issuance of a written warning, but rather acknowledgment that the written warning has been received by the employee.
C. LETTER OF REPRIMAND
A letter of reprimand is more severe than a written warning. The employee's Supervisor will explain to the employee due to a prior violation, or to the severity of this violation, a letter of reprimand is necessary. The letter of reprimand is entered as a permanent part of the employee's Personnel file. The employee is instructed to sign the letter of reprimand. The signature of the employee does not indicate agreement with facts as presented in the letter of reprimand, nor agreement with the decision to issue the reprimand. Rather, it indicates that the employee has received the letter of reprimand.
D. DISCIPLINARY PROBATION
Either the repeated occurrence of a violation or the seriousness of a single occurrence of a violation may necessitate disciplinary probation. The term of probation will not be less than 30 days nor more than 90 days. The employee will be given written instructions as to what behavior is required to satisfy the conditions of the probation. If the employee successfully meets the conditions and requirements of the probation, he or she will be removed from probationary status. If the employee fails to satisfy the conditions of the probation, the employee will be suspended or terminated.
E. SUSPENSION
Suspension means the employee may not be present at the workplace unless on official business with CSM. The employee will not receive any pay for the duration of the suspension. Suspensions are of three types:
1. Disciplinary Suspension
This suspension may range from a minimum of five (5) work days to a maximum of fifteen days. It is a penalty for repeated violations or for serious violations of the Personnel Policy, work rules or operating procedures. Disciplinary probation may be a condition for reinstatement from disciplinary suspension.
2. Investigatory or Pre-Termination Suspension
This suspension is for an indefinite period of time pending investigation of charges or misconduct against the employee where CSM has determined that the presence of the employee at the workplace would be counterproductive. An employee may be discharged during or at the end of the period of suspension, or the employee may be reinstated with the suspension changed from an Investigatory or Pre-Termination Suspension to either a Disciplinary Suspension or Disciplinary Probation.
While CSM often utilizes a combination of oral and written warnings, no set number of warnings or disciplinary procedures are required or necessary before any disciplinary action is taken, and the degree of discipline will be determined by how CSM perceives the seriousness of the acts and the surrounding circumstances.
3. Major Safety Violations
In cases of violations of safety rules of major significance, suspensions may range from a minimum of one day to a maximum of fifteen days, or may result in termination of employment.
F. DISCHARGE
1. CSM is responsible for maintaining proper standards of work and conduct and for the enforcement of the personnel policies, work rules and operating procedures. Either a single, first time offense or long standing and/or frequently occurring uncorrected problem(s), may cause an employee to he discharged.
2. No list can include every imaginable act that could ultimately result in discharge. However, listed below are examples of several specific offenses which will not be tolerated or may result in immediate discharge, after only one offense or violation.
TheViolation of any of the Basic Principles Policies listed below, are subject to the above:
a. Equal Opportunity
b. Harassment Prohibition
c. Politics
d. No Solicitation and/or Distribution
e. Conflict of Interest
f. Nepotism
g. Outside Employment
2. Violation of any of the Code of Conduct - Standards of Expectations of Employees Policies listed below:
a. Compliance with Regulations
b. Cooperation and Service
c. Employee and/or Relative of an Employee Participation in a CSM Program
d. Property
e. Confidential Nature of Computer Passwords
3. Violation of any of the Work Rules listed below:
a. Disrespectful or discourteous behavior towards any client, employee or member of the CSM management staff, or while operating a vehicle for CSM business.
b. Failure to provide any client or fellow employee any service, if such service is within the normal and usual scope of the employee's duties.
c. Theft, misappropriation, or unauthorized possession or use of property belonging to CSM, any client and/or employee. This also includes taking steps toward removal or the actual removal of such property.
d. Threat directed to, or actual physical or verbal abuse of clients or employees.
4. Providing false or misleading information during an interview or on the employment application, resume' or response to a job posting, even if not uncovered until a later date.
5. Violation of any of the Leave of Absence policies.
6. Violation of any of the Safety and Health Related Issues Policies listed below:
a. Employee injury or accident
b. Smoking
c. Substance Abuse
7. Violation of the CSM Sponsored Athletic Activities Policy.
8. Helping anyone to violate any of the previously listed policies, rules or procedures, and/or knowledge of anyone violating policies, rules or procedures.
F. GRIEVANCES AND APPEALS
The Council of the Southern Mountains puts forth every effort to establish, maintain and promote a harmonious work environment. From time-to-time, however, conflicts between the Council’s Administrators and its employees arise. In an effort to bring about fair, prompt and impartial resolution, the following shall apply:
1. The employee must submit in writing a request of appeal to the immediate Supervisor within five (5) work days of the imposition of the disciplinary action or date of occurrence giving rise to the grievance. If submission is not presented in a timely manner, no further action will be taken. The immediate Supervisor, after receiving the written appeal, shall reply in writing to the employee within five (5) work days (unless extended by mutual agreement), with a copy to the Department Director.
2. If the employee is not satisfied with the resolution provided by the immediate Supervisor, he/she may submit in writing a further appeal to the Department Director within five (5) workdays of the receipt of the immediate Supervisor's resolution. If timely appeal is not made to the Department Director, the resolution by the immediate Supervisor shall stand. The Department Director, after receiving the written appeal shall reply in writing to the employee within five (5) work days (unless extended by mutual agreement), with a copy to the Human Resource Director.
3. If the employee is not satisfied with the resolution provided by the Department Director, he/she may submit in writing a request for further appeal to the Executive Director within five (5) work days of receipt of the Department Director's resolution. If timely appeal is not made to the Executive Director, the resolution by the Department Director shall stand. The Executive Director, after receiving the written appeal request, shall reply in writing to the employee within five (5) work days (unless extended by mutual agreement). The Executive Director, or at his/her direction, may offer a meeting with the employee before final disposition of the problem.
4. If the employee is not satisfied with the resolution provided by the Executive Director, he/she may submit in writing a request for further appeal to the Board of Directors. If a timely appeal is not made to the Board of Directors, the resolution by the Executive Director shall stand. A hearing before the Board will be scheduled by the Board. At the hearing, the employee shall have a right to testify in his/her own behalf and to present testimony or other evidence. The decision of the Board of Directors shall be final. The employee is entitled to have a representative of his/her choosing, including counsel, participate in the hearing before the Board.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
CONFLICT OF INTEREST POLICY AND DISCLOSURE STATEMENT FOR DIRECTORS AND STAFF – POLICY 111
DATE OF ISSUE: March 25, 2006
DATE OF REVISION:
I. POLICY
The purpose of this conflict of interest policy is to protect this agency’s tax-exempt status whenever the Council is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of this entity or that might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit organizations.
II. DISCUSSION
It is important for the Council of the Southern Mountains (CSM) Directors and Staff to be aware that both real and apparent conflicts of interest or dualities of interest sometimes occur in the course of conducting the affairs of CSM and that the appearance of conflict can be troublesome even if there is in fact no conflict whatsoever. Conflicts occur because the many persons associated with CSM should be expected to have, and do in fact generally have multiple interests and affiliations and various positions of responsibility within the community. In these situations a person will sometimes owe identical duties of loyalty to two or more organizations.
Conflicts are undesirable because they potentially or apparently place the interests of others ahead of CSM’s obligations to its charitable purposes and to the public interest. Conflicts are also undesirable because they often reflect adversely upon the person involved and upon the institutions with which they are affiliated, regardless of the actual facts or motivations of the parties. However, the long range best interests of CSM do not require the termination of all association with persons who may have real or apparent conflicts that are harmless to all individuals or entities involved.
CSM employees are subject to a number of conflict of interest restrictions because CSM is a public entity and receives public funds. Among these restrictions are, restrictions, which generally provide that no CSM employee may have an interest (direct or indirect) in any contract or business transaction involving the Council.
B. In addition, CSM employees are subject to the ethics laws of the State of West Virginia. Although these laws cannot be fully repeated here, they generally prohibit the following:
1. Using your position or the influence of your position to secure approval of a contract in which you, or a member of your family or any business associate has an interest;
2. Using or attempting to use your official position for personal gain or benefit (such as being in a position to profit or benefit during your employment and for a year thereafter, from any CSM contract);
3. Representing any persons before a public agency on a matter in which you personally participated in an official capacity.
4. Disclosing information designated as confidential without proper authorization; and
5. Receiving any compensation, other than from CSM, for services rendered in any manner involving CSM.
6. These laws also have certain limited exceptions. These restrictions are important restrictions, and violations can mean not only disciplinary action (including discharge), but also civil or criminal liability.
7. You must be very aware of these restrictions, and any actions that could give rise even to an appearance of impropriety. It is your obligation to immediately disclose any situations that could present a conflict of interest or ethics violation to the Executive Director or his designee. If you have any questions or uncertainty about such a situation, seek advice at once.
I. PROCEDURES
Therefore, because CSM’s Directors and Staff may be involved with other organizations that may have business dealings or affiliations with or seek grants from CSM, the following general principles are established:
1. Each member of the Board of Directors and the Staff of CSM has a duty of loyalty to CSM. The duty of loyalty generally requires a Director or staff member to prefer the interests of CSM over the director’s/staff’s interest or the interests of others. In addition, Directors and staff of CSM shall avoid acts of self-dealing which may adversely affect the tax-exempt status of CSM or cause there to arise any sanction or penalty by a governmental authority.
2 In the event any Director or a member of his or her family has a personal or business interest in, or is involved in any way with, an organization with which the Board is considering a grant request or business contract, such interest or involvement shall be disclosed to the Board. In such event, the interested Director shall neither vote nor participate in the discussion of the matter. The interested Director shall be excused from the actual discussion and presence at that portion of the meeting when the matter giving rise to the apparent conflict is discussed. However, any Director who is excluded from voting or presence pursuant to this policy may answer pertinent questions of other Directors and be present when the interested Director’s knowledge regarding the matter will assist the Board.
3 The person who has a conflict of interest with respect to a contract or transaction that will be voted on at a meeting shall not be counted in determining the presence of a quorum for purposes of that particular vote.
4. The minutes of the meeting shall indicate that the interested
Director disclosed the interest or involvement in the matter being considered by the board, recused herself/himself from the discussion, and abstained from voting on the matter.
5. Each Board member and CSM staff person shall annually sign a
Statement, the CSM form attached, which affirms the following:
a. Directors and staff received a copy of the Conflict of Interest
Policy
b. Each person has read and understands the Policy
c. Has agreed to comply with the Policy
d. Understands that CSM is a nonprofit and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish its tax-exempt purposes.
IV. Reporting Procedures
B. Directors, Staff or members of the public with any questions, problems, or complaints regarding a violation of this policy, must communicate concerns to the Executive Director of the agency. If any staff person feels uncomfortable informing the Executive Director, then the President of the Board of Directors or any Board Officer shall be contacted.
Reference: Internal Revenue Service
Caplaw
COUNCIL OF THE SOUTHERN MOUNTAINS
CONFLICT OF INTEREST INFORMATION FORM
Name:________________________________________Date:_____________________
Affiliation to the Agency: (Circle One) Board Member Staff Other-explain:
________________________________________________________________________
Please describe below any relationships, positions or circumstances in which you are involved that you believe could contribute to a Conflict of Interest, as defined by the Council of the Southern Mountains Policy on Conflicts of Interest.
I hereby certify that the information set forth above is true and complete to the best of my knowledge. I have read, understand and agree to abide by the CSM Conflict of Interest policy. I further agree to report any possible conflicts as they might arise apart from this annual report.
Signature:____________________________________Date:______________________
CSM FORM-10
3/25/2006
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
ILLEGAL ACTIVITIES-POLICY 112
DATE OF ISSUE: May, 2002
DATE OF REVISION:
I. POLICY
We are all concerned about dangerous illegal acts. If you become aware of some violation of the law that CSM has the authority to correct, and which is a criminal offense likely to cause an imminent risk of physical harm, or a hazard to public health or safety, or is a felony, you should make a good faith investigation to determine the accuracy of the information. If you determine it is accurate, you must notify the Executive Director or his designee of the situation immediately, and then prepare a written report giving sufficient detail to identify and describe the violation, and deliver said report to the Executive Director or his designee. CSM will then make a good faith effort to investigate and correct the problem, if necessary, and will advise you of any actions taken. You can be assured that no disciplinary or retaliatory action will be taken against you for reporting any such information.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
NEPOTISM-POLICY 113
DATE OF ISSUE: May, 2002
DATE OF REVISION:
I. POLICY
The employment of more than one member of the same family shall be avoided insofar as possible. Exceptions will be judged on a case-by-case basis, subject to the prior approval of the Human Resource Department. CSM may permit the employment of qualified relatives of employees if such employment does not, in the opinion of CSM, create actual or potential conflicts of interest, or pose a substantial risk of the appearance of impropriety. For purposes of this policy, "relative" is defined as a spouse, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, or corresponding in-law or "step" relation. The placement of related employees will be guided in accordance with the following:
II. PROCEDURES
1. Relatives may be permitted to work in the same CSM or Program facility provided that no direct reporting or supervisory/management relationship exists. That is, no employee is permitted to work within the "chain of command" of a relative, such that one relative's work responsibilities, salary, or career progress could be influenced or appear to be influenced by the other relative.
2.No relatives are permitted to work in the same Department or in any other positions in which CSM believes an inherent conflict of interest may exist.
3.Employees who marry while employed will be treated in accordance with these guidelines. That is, if, in the opinion of CSM, a conflict or an apparent conflict arises as a result of the marriage, the individuals involved will be given reasonable options and time periods to make the decision regarding who will transfer or terminate employment.
4. Unmarried couples living together will be treated as married for employment purposes.
5. This policy applies to all categories of employment at CSM, including regular, temporary, and part-time classifications.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
OUTSIDE EMPLOYMENT-114
DATE OF ISSUE: May, 2002
DATE OF REVISION:
I. POLICY
Agency employees may have other employment, however, the Executive Director must be informed before that employee takes an outside job for determination if a conflict of interest may exist with the new position.
II. PROCEDURES
Employees are permitted to work for other employers provided:
1. It does not interfere in any manner with the employee's work performance or responsibilities with CSM.
2.The work is not contrary to the best interest of CSM.
3. The work is after normal working hours and does not prohibit the employee from ever working overtime or extended days.
4. The employee does not use CSM owned or leased vehicles, equipment, materials, or facilities in the performance of the additional job, except that the additional job pays proportionately for such wage as determined by CSM.
5. Before engaging in the work, the employee reports to CSM any outside work done for any employee, client, applicant or vendor
6. The employee reports to CSM they’re outside employment in any program, product or service of like or similar nature to those performed and/or provided by CSM.
7. In the instance of Department Directors and Executive Director, approval must be granted by the Board of Directors
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
LEAVES OF ABSENCE FROM EMPLOYMENT-POLICY-115
DATE OF ISSUE: May, 2002
DATE OF REVISION:
I. POLICY
The agency recognizes that at certain periods in the working lives of employees, situations dictate a leave of absence from work. In order to ensure the efficient operation of the agency, there must be standards guiding this process.
II. PROCEDURES-TYPES OF LEAVES OF ABSENCE RECOGNIZED
A. FAMILY LEAVE
1.Upon exhaustion of all annual leave, any employee hired for full-time employment who has worked for at least twelve consecutive months shall be entitled to a total of twelve weeks of unpaid family leave during any twelve month period because of the birth of a child of the employee, or the placement of a child with the employee for adoption; or to care for the employee's child, spouse, parent or dependent who has a serious health condition, mental and/or psychological condition.
2.In the case of a child, spouse, parent or dependent that has a serious health condition, such family leave may be taken intermittently when medically necessary. An employee may take family leave on a part-time basis and on a part-time leave schedule, but the period during which the number of workweeks of leave may be taken may not exceed twelve consecutive months, and the leave should be scheduled so as not to unduly disrupt operations of The Council of the Southern Mountains.
3.If a leave because of birth or adoption is foreseeable, the employee shall provide CSM with a two-week written notice of the expected birth or adoption. If a leave under this section is foreseeable because of planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision so as not to unduly disrupt the operations of CSM, subject to approval of the health care provider of the employee's child, parent or dependent and shall provide the employer with a two-week written notice of the treatment or supervision.
4.CSM may require the employee to provide certification by a health care provider that the child, dependent, parent or spouse has a serious health condition, the date the condition commenced, its probable duration, and other pertinent medical facts regarding the serious health condition. Written approval of the appointed authority is required in all cases. Notice of such action must be transmitted in writing to CSM.
B. Medical Leave; Notice to Employee
1. An injured or ill full-time employee upon written application to CSM shall be granted a medical leave of absence without pay not to exceed six (6) months within a twelve-month period provided:
(a) The Employee (1) has exhausted all sick leave and makes application no later than fifteen (15) calendar days following the expiration of all sick leave or (2) has elected not to use sick leave for a work related injury and makes application no later than fifteen (15) calendars days following the date on which the employee filed a claim for Worker's Compensation;
(b) The employee's absence is due to an illness or injury which is verified by a physician's written statement that the employee is unable to perform his or her duties and giving tentative date for the employee's return to work;
(c) A physician's statement is submitted every thirty (30) calendar days to confirm the necessity for continued leave; and
(d) The disability as verified by a physician is not of such nature as to render the employee permanently unable to perform his duties.
2. CSM shall, at least 15 days prior to, if possible but no later than (5) days following the expiration of the employee's sick leave, mail to the employee a written notice of the employee's right to a medical leave of absence without pay and that the leave will not be granted if the employee fails to apply within the above time limits.
C. End of Leave
At the expiration of a leave of absence without pay, the employee shall be reinstated to his or her former position, or one of comparable pay and duties, without loss of rights, unless the position is no longer available due to a reduction-in-force. If the absence was for an approved unpaid family leave of absence, the employee shall be returned to the position held prior to the leave provided the leave did not exceed twelve weeks. If the leave of absence without pay was granted due to illness, the employee must furnish from the attending physician a certificate indicating the ability of the employee to return to work. CSM may permit an employee to return to work at or before the expiration of leave of absence at less than full duty, but the terms of return are subject to the same conditions specified in this policy. Failure of the employee to report promptly at the expiration of a leave of absence without pay, except for satisfactory reasons submitted in advance to the appointing authority, is cause for dismissal.
D. Reporting Procedures
The department head must report a leave of absence without pay to CSM. The appropriate forms must include the employee's last date for return to duty. An extension of a leave of absence must also be reported.
E. Non-Occupational Medical
In the event an employee is injured in the course of and resulting from covered employment, the employee may elect to receive either temporary total disability benefits from the Worker's Compensation Fund or sick leave benefits but not both. Employees may collect sick leave benefits and, upon exhausting sick leave benefits, annual benefits until receiving temporary total disability benefits. Upon receipt of the temporary total disability benefit the employee shall pay or assign to the Council the temporary total disability benefits received or an amount equal to the temporary total disability benefits received. Employees shall be restored sick leave benefits and, if used, annual leave benefits on a day for day basis which corresponds to the temporary total disability benefits paid to the employer. If the employee fails to pay or assign to CSM the temporary total disability benefits received or an amount equal to the temporary total disability benefits received, then the Finance Office shall deduct from the employee's subsequent wage payments an amount equal to the temporary total disability benefits received. Upon payment of this amount CSM shall restore sick leave time, which corresponds to the amount of temporary total disability received by the employee.
It is a discriminatory practice for an employer to fail to reinstate an employee who has sustained a commendable injury to that employee's former position of employment, upon demand for the reinstatement, provided that the position is available and the employee is not disabled from performing the essential duties of the position. If the former position is not available, the employee shall be reinstated to another comparable available position held at the time of injury. A written statement from a medical professional that the medical professional approves the injured employee's return to regular employment is prima facie evidence that the worker is able to perform such essential duties. In the event that neither the former position nor a comparable position is available, the employee has a right to preferential recall to any job which the injured employee is capable of performing which becomes open after the injured employee notifies CSM that reinstatement is desired. The right of preferential recall is in effect for one year from the day the injured employee notifies CSM that reinstatement is desired. The employee must provide CSM with a current mailing address during the one-year period.
1. Eligibility
Any employee with one full year of service with CSM may request a leave of absence without pay for a period not in excess of 60 calendar days upon presentation satisfactory to CSM of bona fide illness or injury. If an application for such leave is not made in writing before three days after the accident or knowledge of the illness, the absence shall be deemed to be a voluntary quit. CSM has the discretion to approve or disapprove any request based on their need to effectively manage the operations.
2. Certification
The application for such a leave of absence must identify the illness involved, explain why the leave is necessary and must estimate the anticipated length of the leave. A physician's certificate of illness must be presented as soon as is reasonably practical. CSM may request that the employee be examined by a physician of CSM’s designation and failure to do so by the employee will result in refusal to grant the leave of absence.
3. Extension of Leave
Upon written request, this medical leave of absence may be extended at CSM’s discretion, but in no event may a leave of absence exceed six months.
F. Military
1. Peace Time Non-Emergency Service
Any employee who leaves his employment in order to perform training or service in the Armed Services of the United States shall be granted a leave of absence to comply with the terms of existing federal legislation.
2. Time of War or National Emergency Service
An employee who leaves his position to enter military service in time of war or any period of national emergency as declared by the President in connection with national defense or by reason of being drafted shall be carried on the rolls in a military leave status. Upon his honorable discharge from the military service, the employee shall be entitled to be restored to the same position or to a position equally acceptable to them for which they are qualified, provided the employee applies for reinstatement within ninety days after discharge or before the expiration of any statutory right to reinstatement, if later.
3. Reserves and National Guard Leave
Military leave of absence will be granted to regular employees who are Reservists of the Armed Forces or members of the National Guard engaged in active duty, training or military aid to enforce the law in accordance with the existing state and federal law.
G. Court
, Jury and Hearing Leave
Upon application in writing, an employee hired for permanent employment shall be granted leave with pay when, in obedience to subpoena or directive by proper authority, he serves upon a jury or appears as a witness before any court or judge, any legislative committee, or any officer, board, or body authorized by law to conduct any hearing or inquiry. This section shall not apply in cases where the employee is a litigant, defendant or other principal party or has a personal or familial interest in the case or proceeding. This subsection shall not be construed:
1. To deprive, prohibit, or infringe upon the rights of any employee who is a party to, or witness in, a grievance proceeding or court of law proceeding resulting from the course of employment; or,
2. To deprive, prohibit, or infringe upon the rights of any employee in their pursuit of personal or civic responsibilities while on annual leave or a personal leave of absence.
The employee shall furnish such written confirmation of the absence as is required by CSM.
H. Short Term
When an employee makes a request in advance, absences of less than one week may be granted, at CSM discretion, without a formal leave of absence. Such absences without pay shall not exceed a total of 30 days in any calendar year. Application for approval of absences must be made in advance of the day of absence whenever the absence can be foreseen.
I. General Provisions
Any employee who gives a false reason for a leave of absence, or who while on short term or approved leave of absence seeks or engages in any other employment, or who fails to report for work at the expiration of a leave of absence shall be discharged.
Upon return from an authorized leave of absence or extension thereof, CSM will attempt to return the employee to the job classification held prior to the leave of absence at a base rate no lower than the one held immediately prior to the leave of absence, provided that CSM determines that sufficient work exists in this classification and that the employee is capable of performing the work. Whether a leave is personal or medical, it may be necessary or advisable that a replacement employee be hired in the interim period, and there is therefore no guarantee of reinstatement to any particular position.
The time during which an employee is on an approved leave of absence shall not count as time worked toward annual leave or sick leave. Unless otherwise stated, the time during which an employee is on an approved leave of absence shall not count as time worked towards seniority benefits.
COUNCIL OF THE SOUTHERN MOUNTAINS
POLICY AND PROCEDURE MANUAL
SECTION 100
VEHICLE AND RELATED ISSUES-POLICY-116
I. POLICY
Guidelines must be provided to staff and volunteers regarding vehicle usage and the responsibilities of drivers. Due to the potential for serious injuries and high cost of insurance for agency vehicles, strict adherence to transportation procedures must be maintained.
A. General Provisions
1. Employees driving any vehicle for CSM business purposes must:
a. Possess a valid driver’s license.
b. Provide Human Resources with a photocopy of a valid driver’s license, and/or show actual license to Human Resources.
c. Upon renewal of license, provide Human Resources with a photocopy of the new drivers license.
d. Obey all parking and motor vehicle regulations, including wearing seat belts/safety harness.
e. Report all moving violations in a CSM vehicle to their supervisor and to Human Resources no later than the next business day.
f. Report all moving violations in a private vehicle (if they occurred while you were on duty) to their supervisor and Human Resources no later than the next business day.
g. Report any restrictions, suspensions or changes in the status of their driver's license to their supervisor and Human Resources no later than the next business day
h. Fully comply with any sanction imposed and pay any fines or penalties incurred as a result of any violation; and
I. Immediately report any accident, regardless if they are driving a CSM owned or operated vehicle or a personal vehicle to their supervisor or designated staff member. For more complete explanation concerning accidents refer to Vehicle Accidents in the Safety and Health Related Issues Section.
2. Employees are permitted to use any motor vehicle owned or operated by CSM for agency business only.
3. CSM vehicles shall not be used for transportation to and/or from work, unless prior specific authorization from the Department Director is given for such use.
4. Employees who have permission to drive a vehicle to and from work are responsible for an additional income tax as a result of this benefit.
5. Employees are not allowed to leave their vehicle running if the driver of the vehicle is not in the vehicle.
6. Employees are instructed to wait to start any vehicle, which is located in either of the storage areas until the driver will be able to immediately drive the vehicle out of the storage area.
7. Employees shall not allow any non-CSM personnel to ride in any CSM vehicle unless it is directed related to CSM business.
8. Employees who suspect there is anything wrong with a vehicle including inoperable seat belts/safety harness must report it to the Supervisor, Human Resources, or the designated staff person.
9. Employees must properly load vehicles correctly distributing and balancing the load within the weight limitations of the vehicle. All vehicles must have the load covered at all times.
10. Employees are responsible for proper care of the vehicle, which include monitoring the levels of air in the tires, gasoline, oil, antifreeze, etc. The vehicle shall be kept free of debris.
11. Employees are not allowed to use any auto wash unless they have their Director's permission.
12. The following rules are for the safety of our employees. They must be observed:
I. Employees who are on work time or official business and who either drive or occupy a motor vehicle must wear safety or seat belts. (This means that even if you are riding in someone else's vehicle (such as a taxi), while you are working, you must wear a seat belt).
II. Employees who drive or ride on motorcycles while on work time, official business, must wear helmets.
B. Use of Personal Vehicle for CSM Business
If no other vehicle is available, personal vehicles may be used to conduct CSM business. There will be mileage reimbursement. A daily log must be kept which includes date; specific time the trip began and ended, purpose of travel, and exact mileage. This reimbursement is designed to help offset the cost of auto insurance, gasoline and normal wear and tear of the vehicle.
Employees driving a personal vehicle for company business must submit proof of liability insurance to Human Resources for verification. CSM will not pay for any loss or damages to personal vehicles driven by an employee for CSM business.
Employees who drive their personal vehicle for company business are not allowed to have non-CSM personnel in the vehicle during working hours unless it is directly related to CSM business.
C. Applicant and/or Employee with a Poor Driving Record
Candidates for a position, which may require the use of a motor vehicle, will have their Motor Vehicle Driving Record checked either, during the application process or after the start of employment, depending on the amount of time available. Candidates must have a driving record acceptable to CSM and the insurance carrier. Termination will occur upon receipt of a Motor Vehicle Driving Record, which indicates an unacceptable driving history.
If the CSM vehicle insurance carrier refuses to accept any employee under the general motor vehicle insurance plan because of a poor driving record (frequent accidents, convicted for driving while intoxicated, involved in a hit and run, numerous speeding or other moving violations, etc.), the employee will be required to:
1. Purchase insurance which duplicates CSM’s coverage standards. A copy of this insurance policy which names CSM as a co-insured for any claims for work related accidents only, before the insurance would pay the employee, must be submitted to Human Resources; or
2. Pay the additional insurance premiums for the high-risk pool. This will vary depending on the offenses and vehicle needed to drive in order to complete the work assignment. It may be paid in a lump sum through payroll deduction. This insurance premium is an annual premium and CSM does not receive any rebate or reduction in cost if the employee is covered for one day or the entire year. Therefore, employees are responsible for entire annual premium, even if they move to another CSM position which does not require driving, or if the insurance carrier subsequently determines that they are no longer required to be in the high risk category; or
3. Be placed in a non-driving position at the discretion of CSM management. Employees placed in this type of position must sign an acknowledgment to their non-driving status. (Employees in this category are prohibited from driving any CSM owned or leased vehicle or personal vehicle for company business.); or
4. Employment will be terminated if none of the previous options are possible or feasible.
D. Parking
Employees parking a personal vehicle on CSM property must park in the proper and designated spaces. CSM accepts no liability for a vehicle and/or its contents parked on CSM property.
COUNCIL OF THE SOUTHERN MOUNTAINSPOLICY AND PROCEDURE MANUAL
SECTION 100
TRANSPORTATION SAFETY POLICY-117
Date of Issue: March 16, 2005
Date Revised:
I. POLICY
It is the policy of CSM to provide Client transportation to ensure all eligible service recipients obtain the goods and services they need to achieve self-sufficiency.
II. PROCEDURES
A. Qualifications for Drivers
1. Each driver shall have a valid driver’s license.
2. Any employee who transports clients on an incidental basis does not need special driver’s license. This does not apply to Head Start buses.
3. A Class “D” license is needed for any person eighteen years and older with at least one year driving experience that operates a motor vehicle which transports persons or property for compensation. The agency will not pay the cost for “D” licenses if required for respective job classifications. This will be determined at the time of employment or job transfer which requires Class “D” license.
4. Each driver shall demonstrate his/her driving skills in a vehicle similar to what they will operate at the time of employment. Project Directors are responsible for assuring the driving exam (form attached to this Policy) is completed before individuals transport clients and that individuals’ have adequate insurance coverage if they transport in their own vehicle. It is the employees’ responsibility to provide current insurance coverage documentation to their supervisor with a copy to the Personnel Office. Failure to do so will result in referral to the Executive Director to determine the continuation of that employee’s employment.
5. Driver education in regard to all agency required documentation, maintenance and safety procedures and vehicle operation for all new drivers will be provided by the appropriate Project Director and the Transportation Director.
6. Upon employment, driving records will be investigated through state departments of motor vehicles for new employees who transport clients or use agency vehicles (this would include Virginia and
West Virginia
).
B. A satisfactory driving record is defined as follows:
1. There shall be no suspensions or revocations of license during the immediate preceding 24 calendar months.
2. There shall be two (2) or less convictions for moving violations during the immediate preceding thirty six (36) calendar months or one (1) conviction for moving violations during the immediate preceding twelve (12) calendar months.
C. Driving Records
1. An investigation will be conducted for all applicants for driving positions from all current and former employers for the previous 10 years to verify as much of the following as possible:
Dates of employment
Type of work performed
Type of vehicles operated
Extent of driving experience
Vehicle accident record
Overall work history and performance
All former and current employer information gathered from the inquiries must be in writing and will be retained in the driver’s (if hired) qualification file. In the event a former or current employer refuses to release information, a note stating this will be placed in the file. CSM staff will review all former and current employer information to determine if the driver applicant meets the hiring standards regarding past and current employment, and to determine if the applicant was truthful about information listed on the employment application.
2. New (probationary) employees whose driving records are found to be less than satisfactory upon receipt of their initial report, shall be suspended from client transportation activities and shall be referred to the Executive Director for disposition regarding continued employment.
3. Regular employees, who transport clients, must also maintain a
satisfactory driving record. Failure to maintain a satisfactory driving record will result in suspension of transportation duties. Employees with less than satisfactory driving records will be referred to the Executive Director for disposition regarding continued employment.
4. Driver records will be requested annually during the month of January, or at anytime if warranted, for all employees who transport clients or use agency vehicles during the performance of their jobs.
5. A Driver Qualification File will be maintained by the
Transportation Director that contains the following:
Employment application
Interview notes
Motor Vehicle Record checks
Driver training information
Driver evaluation and performance reviews
6. At anytime a driver is involved in a vehicular accident while driving a Council of the Southern Mountains’ vehicle, a new Driver’s Test will be administered. The Executive Director, upon receipt of required Incident Reports will assign the Transportation Director to assure all agency required transportation documentation, maintenance, safety and vehicle operation procedures are reviewed with the employee. The completed Employee Driver’s Test (form attached) must be completed and forwarded to the Human Resources Director. Any two accidents by an employee, without regard to fault, within a 12 month period will result in a review by the Project Director to determine the employee’s need for additional training and supervision.
D. Safety Regulations
1. All motor vehicles laws will be strictly adhered to by all drivers.
2. Vehicles will not be loaded beyond their capacity.
3. All persons transported must remain seated while the vehicle is in motion. All persons being transported must wear approved vehicle-equipped seat belts and other safety equipment as required to ensure safe transportation.
4. Vehicles shall be equipped with appropriate safety and emergency equipment such as fire extinguishers and first aid kits.
5. Minimum client/staff ratio shall be one driver to the rated vehicle capacity except in situations when the individual clients needs require additional staff to assure client and/or staff safety.
6. Anytime a Head Start driver knows he or she must leave a bus, for any reason, while it is occupied by Head Start children, the immediate supervisor must be informed prior to departure. Additional staff will be assigned to assure the van will not be left occupied by children or consumers without staff supervision.
7. Supervisors will insure that employees do not drive any CSM vehicle unless they have a valid driver’s license and are familiar with driving rules and regulations.
8. Supervisors will document any unsafe driving practices of employees and provide immediate intervention through additional training and/or disciplinary action.
9. Supervisors will review all preventable collisions with employees and insure that action is taken immediately to correct driver deficiencies.
10. Supervisors shall periodically ride with drivers to check for compliance with operating instructions and traffic regulations. These monitoring rides will be documented.
11. Supervisors shall insure that unsafe vehicles are not driven until safety problems have been corrected.
12. The Transportation Director shall conduct driver performance tests annually.
E. VEHICLE USE
1. No employee will use a vehicle or equipment for any purpose for which it was not designed, operate it beyond its design limits, and operate it in areas or locations for which it was not designed, or cause damage through neglect, misuse, improper driving techniques, or improper handling.
2. Employees will not permit unauthorized employees or non-employees of CSM to ride in CSM vehicles, except when such persons are conveyed in the
performance of duty, or authorized to ride by supervisory staff.
3. All employees will park their vehicles in a legal and proper manner. Employees will remove the keys and lock the vehicles, except when specifically instructed otherwise by supervisory staff. Employees will not park on the wrong side of a
street or highway, unless it is mandatory to park in such a location. All signs, cones, lights, and warning devices as required by law will be used when vehicles are parked or in use in a public travel lane. Employees will use all safety brakes, lockout means and other parking safety methods when parking equipment.
4. Employees using CSM vehicles will use caution when transporting equipment, packages or other materials in the driver or passenger compartment that would become flying objects in the event of an accident. Such items as briefcases, laptop computers, tools, etc. need to be transported in the trunk of passenger vehicles. It is always important to keep the driver/passenger areas of any vehicle as free as possible of objects that could distract their attention or cause injury from unexpected movement.
F. EMPLOYEE PERSONAL VEHICLE USE
1. Employees may be required to use their personal vehicles including the transportation of other employees or clients. When this occurs, the agency will reimburse the employee for mileage. It should be noted that the car owner’s liability insurance is primary and the agency insurance is secondary.
2. Employees utilizing their personal vehicles for business use must provide verification of insurance to the Finance or Personnel Office.
G. ACCIDENT INVESTIGATION PROCEDURES
1. CSM policy is to fully investigate any accident involving Council personnel and vehicles. All accidents involving a Council vehicle must be reported immediately using a CSM Incident Report form.
2. Minor accidents, less than $300 in damage or non-treatment injuries will be investigated by involved employees’ supervisors.
3. Certain driver responsibilities must be carried out at the scene of a vehicle accident. The two main concerns at the scene are to deal with the immediate problems and to gather and report pertinent information promptly. These two items can be broken down into a 6-step accident procedure for drivers to follow:
1. Stop, stay calm.
2. Turn on emergency flashers as an immediate warning signal. Then do a quick evaluation of accident victims, if any, and provide assistance. Next, set out emergency warning devices on the roadway.
3. Either contact local law enforcement personnel and your supervisor personally or arrange to have someone call. Be courteous and cooperative when providing information to authorities. Never admit guilt or liability at the scene of an accident. Never leave the scene of an accident.
4. Write down names, license numbers and other information regarding the accident and those people involved in the mishap. Draw a simple diagram of the accident scene. The more detail that can be provided, the better it will be for insurance and/or legal purposes. If you have a camera for use at the accident scene, document the situation with photographs from various angles.
5. After the vehicle has been secured, warning devices put in place, assistance rendered to injured persons, if any, and law enforcement personnel contacted, the driver should communicate the accident to the supervisor.
6. Complete Vehicle Accident Report Form at the scene of the accident.
4. The CSM Safety Director will also perform the duties of a Loss Control Officer. This person will institute a Safety/Loss Committee for the entire organization made up the Safety Director, one Project Director and three direct service staff members. This group will be trained by the Safety Director in reviewing agency losses. The group will meet when called after losses have been reported that exceed $300 with the exception of vehicle accidents as all these will be investigated. The Safety Director will be in charge of this Committee and investigations of accidents in which serious property damage, injuries or death occurs.
5. The Executive Director may initiate independent investigations when deemed appropriate.
6. Agency accident investigators at the scene of an accident must carefully survey the site, noting the position of debris from the mishap. The investigators should take photos of the scene, with careful notes of what the photos depict. A map of the site should be drawn to scale, with any landmarks near the scene noted as to position. Photos of all vehicle and property damages incurred from accidents should be taken from all sides, with careful notes maintained. Accident investigators must be as objective as possible in gathering and evaluating data from the accident scene.
7. The Safety/Loss Control Committee will review all vehicle accidents to determine the true cause and whether it was preventable or non-preventable. A preventable accident is one in which the driver failed to do all that could be reasonably expected of them to avoid the collision.
8. The functions of the Committee in reviewing vehicle accidents are as follows:
Convene as soon as possible after the collision of any agency vehicle to collectively consider evidence presented by the driver concerned, their supervisor and a police report of the accident investigation. This applies also to employees officially authorized mileage to drive their personal cars on official agency business.
Determine the true cause of the collision and whether it was preventable or non-preventable.
Review the driver’s past driving record.
Report in writing to the Executive Director the Committee’s findings, and the recommendations for corrective action.
In the case of a preventable ruling, schedule a personal on-to-one meeting with the driver to discuss the decision and possible remedial training. Any disciplinary actions will be the responsibility of the driver’s immediate supervisor according to present agency policy.
III. SUBSTANCE ABUSE REGULATIONS
A. In compliance with federal regulations, all drivers employed in positions that require a Commercial Driver’s License (CDL) must submit to drug testing.
Drug testing is required in four situations for Council CDL drivers:
1. Pre-employment or pre-duty testing – Before a driver can begin employment in a position requiring a CDL, the driver must pass a pre-employment drug test. Applicants and prospective employees should be informed about pre-employment drug testing. If a driver has been laid off or otherwise away from the job for more than 30 days, this driver must again pass a pre-duty drug test.
2. Reasonable suspicion testing – When a driver’s behavior or performance shows documentable signs of alcohol or drug use, the driver’s supervisor must initiate reasonable suspicion testing.
3. Post accident testing – Federal regulations require post- accident driver testing following an incident that results in loss of life or in which the driver is cited for a moving traffic violation.
4. Random Testing – Random testing provisions mandate that every year, 25 percent of CDL drivers will be randomly tested for alcohol and 50 percent of the drivers randomly tested for drugs. Testing shall be unannounced and performed during hours in which the driver would be operating a vehicle.
5. A driver is not to consume alcohol within eight (8) hours preceding driving or performing any other safety-sensitive duty, nor while driving or performing safety checks. A driver is not allowed to have alcohol, even in an unopened container, on the vehicle while driving or performing safety reviews.
6. Volunteer drivers are not exempt from these requirements and testing procedures.
7. Individuals testing positive for drugs or alcohol will be immediately terminated by the Executive Director.
8. Upon employment and before driver testing begins, this agency must inform employees of this written policy that details the need for testing, the types of tests that will be conducted, the steps to be taken in the event of positive test results and employer and employee rights and responsibilities pertaining to the testing program.
9. All staff members who supervise drivers must receive at least one hour of training on the recognition of drug and alcohol impairment so they can properly make reasonable suspicion determinations. Records must be maintained in supervisors’ training files showing that the training requirement was met.
V. DRIVER TRAINING/RESPONSIBILITIES
A. A training record will be maintained, in a fireproof cabinet, of each CDL Driver and all other staff that drive as part of their jobs, that reflects the following:
a) Documentation associated with random, reasonable suspicion and post-accident testing.
b) Records of supervisor and breath alcohol technician training.
c) Annual summaries of testing programs.
d) Records of test results.
e) Employer’s written drug and alcohol policies, signed by each employee.
f) Agreements with collection site facilities, laboratories, and medical review officers.
g) Laboratory test results.
1. CSM is responsible for all costs associated with the tests conducted by federally approved facilities. In the event an employee tests positive and requests a second specimen be tested, that employee is responsible for all costs associated with the second test. The Transportation Director will arrange for the screenings and appropriate documentation forwarded to the Human Resources office.
B. Drivers shall be trained in the emergency procedures as follows:
1. CPR and Heimlich maneuver training will be provided and first aid trainings provided according to American Heart Association requirements.
2. Drivers will be instructed on how to use highway safety equipment in case of vehicle breakdown or emergency.
C. Driver Responsibilities:
1. Provide instructions and assistance to riders to exit the vehicle in case of emergency.
2. Remain on the scene of an accident to assist passengers, provide information to other drivers and notify the proper authorities. An agency Adverse Incident Report form will be completed by the driver for all incidents or emergencies.
3. All drivers will inspect their vehicles before exiting the vehicle to ensure no passenger is left on board. Leaving a child on a Head Start bus will result in disciplinary action up to termination.
4. Safely operate vehicles for the security of passengers and cargo.
5. Have a valid driver’s license in their possession at all times.
6. Report all vehicle accidents immediately.
7. No employee shall use a vehicle
D. Maintenance and safety schedules will be developed and implemented based on manufacturer’s recommendations, at a minimum, for all vehicles during the length of the warranty and operation. Reports shall be filed with the Transportation Director.
E. All vehicles will undergo a maintenance and safety check every 3,000 miles. These reports will be filed with the Transportation Director.
F. Drivers shall have the responsibility to report any perceived safety problem to their supervisor. The supervisor shall be responsible to notify the reported safety problem to the Transportation Director and to remove the vehicle from service using a “lock-out notice” until the problem can be investigated and resolved.
G. All vehicles will undergo a pre-trip safety and maintenance inspection. Reports of these inspections shall be filed on a monthly basis with the Transportation Director.
H. A complete set of required documentation sheets is attached to the policy. All drivers are responsible for completion of these forms and their submission as appropriate.
VI. DRIVER RECOGNITION FOR BEING ACCIDENT FREE AND SAFETY COMPLIANT
A. On an annual basis, the Transportation Director will review all drivers’ records to determine the individuals demonstrating safe driving practices and compliance with agency policies. The “safest” drivers will be determined by the Director by having no recorded “at-fault” accidents, no safety violations, and no moving traffic violations. The condition of the drivers’ buses, cleanliness and road worthiness, will also be considered.
