LEGISLATION AND NATURAL RESOURCES COMMITTEE
MEETING MINUTES
April 7, 2003
A regular meeting of the Chippewa County Board of Commissioners' Legislation and Natural Resources
Committee was held on Monday, April 7, 2003 at the Chippewa County Courthouse in Sault Ste. Marie,
Michigan. Chairman Timmer called the meeting to order at 5:08 p.m. with a quorum present.
MEMBERS PRESENT: Richard Timmer, Chairman, Rita Dale and Earl Kay (5:20)
MEMBERS ABSENT: None
OTHERS PRESENT: Tim Dolehanty, County Controller, and Tim McKee, OES/E-9-1-1 Director
Additions / Deletions to the Agenda
Chairman Timmer called for additions or deletions to the agenda. Hearing none, he declared the agenda
approved as presented.
Public Comments
Chairman Timmer called for pubic comments. No public comments were offered.
Draft Policies
Controller Tim Dolehanty reviewed previous discussions concerning the policies and procedures manual for
the OES/E-9-1-1 department. As requested by the Committee, he presented draft policies on harassment,
leave time, overtime and disciplinary action applicable to all employees. These drafts consolidated policies
presented in the OES/E-9-1-1 document with those of the Board and Union contracts, resulting in consistent
policies for all employees.
Commissioner Dale stated the document seemed excessive, but was necessary to a cohesive operation. The
Committee reviewed various components of the document and confirmed consistency with other standing
policies.
It was moved by Commissioner Dale, supported by Commissioner Timmer, to recommend approval of
the draft OES/E-9-1-1 policy and the draft policies on harassment, leave time, overtime and
disciplinary action applicable to all employees as presented. On a voice vote, the motion was
CARRIED.
Draft Emergency Management Resolution
OES/E-9-1-1 Director Tim McKee presented and reviewed the draft emergency management resolution. He
stated this draft would replace Resolution 1994-19 and incorporate measures recently adopted in response to
September 11.
Commissioner Dale questioned the necessity of the resolution, noting the County acts as an arm of State
government and is required to comply with various emergency management statutes. She also expressed
concern about the methodology of the State in communicating these changes to the County.
The Committee directed the Controller to confirm the procedure to rescind the 1994 resolution. Chairman
Timmer asked that the resolution be presented to the Finance, Claims and Accounts Committee with the
changes highlighted.
Draft District Court Security Plan
OES/E-9-1-1 Director Tim McKee presented and reviewed the draft District Court Security Plan. He
explained the document was required by the State Court Administration Office. Mr. McKee reported that
similar documents were being prepared for all County facilities.
Considerable discussion was held on the content of the policy. Commissioner Kay noted the importance of
the endorsement of the District Court Judge. It was agreed that copies of the Plan should be distributed to all
County Commissioners for their review and consideration.
It was moved by Commissioner Kay, supported by Commissioner Dale, to recommend approval of the
draft District Court Security Plan as presented, pending approval of the District Court Judge. On a
voice vote, the motion was CARRIED.
Community Action Agency Application for Federal Assistance
The application of the Community Action Agency for federal funding directed to the Head Start program was
received and filed.
Public Comments
There were no public comments.
Committee Comments
There were no additional comments from Committee members.
Chairman's Comments
Chairman Timmer offered no additional comments.
Adjourn
Chairman Timmer declared the meeting adjourned at 6:20 p.m.
__________________________________ __________________________________
Timothy J. Dolehanty, AICP, Recorder Richard Timmer, Committee Chairman
Draft Harassment Policy
A. Intent. The County intends to maintain a quality working environment within the workplace for all
employees so that they may work free from intimidation, humiliation, insult, and not be subjected to
offensive physical or verbal abuse or actions, direct or insinuated, of a sexual, ethnic, racial or
religious nature. Likewise, the County fully supports and complies with the laws that are enacted to
protect and safeguard the rights and opportunities of all people to seek, obtain and hold employment
without being subjected or exposed to illegal harassment or discrimination, sexual or otherwise, in the
workplace. This is a "zero tolerance" policy intended to provide all employees with a workplace
environment that is free of harassment based on one's sex, race, religion, national origin or disability.
B. Definition of Terms. Harassment is an offense against an employee or group of employees.
Offenses refer to physical, verbal or implied actions that have the purpose or effect of creating a
hostile, offensive or intimidating working environment or have an ethnic, racial, religious or sexual
bias, or both. Examples include but are not limited to: physical contact of a sexual nature; sexual,
racial, ethnic or religious jokes, comments, insults, cartoons, verbal or physical threats, innuendoes or
personal conduct or mannerisms that could be construed as offensive.
C. Employee Responsibility. It is the responsibility of each employee to help eliminate all forms of
harassment and unwanted conduct. It shall be the responsibility of every department head to prevent
such behavior from occurring within his/her work jurisdiction.
D. Incident Reporting. All complaints of harassment will be investigated on a case-by-case basis. Any
employee believing that he/she is/has been a victim of harassment may contact any department head
to report the occurrence. The department head shall in turn report immediately to the County
Controller. In those incidences where a violation has been shown to occur, immediate action will be
taken to remedy the situation and to prevent its reoccurrence. Nothing in this policy prevents an
employee from directly contacting the County Controller to file a complaint in addition to or in lieu of
contacting a department head.
E. Action by the County. The County will take affirmative action to prevent unwanted conduct from
occurring and will deal with all such incidents in a fair, impartial and efficient manner. Any
employee who knowingly and willfully violates this policy will be subjected to disciplinary action up
to and including discharge.
F. Employee Certification. All employees of Chippewa County shall be required to acknowledge
receipt of this policy by signing and returning one copy to the County Controller. Employees hired
after the effective date of this policy shall be required to sign this policy as a condition of
employment. Certified copies shall be retained in the respective employee's permanent personnel
file.
______________________________________________________ ___________________
Employee Signature Date
Draft Leave Time Policy
A. Personal Leave Days. Four (4) personal days deductible from sick leave, will be granted to
employees who qualify for sick leave for the purpose of conducting personal business. Such days
shall be non-cumulative and must be requested three (3) days in advance and approved by the
department head.
B. Bereavement Leave. An employee shall be allowed three (3) working days with pay per funeral for a
death in the immediate family. For purposes of this section, immediate family to be defined as
follows: parents, parents-in-law, stepparents, spouse, brother, sister, brother-in-law, sister-in-law,
children, stepchildren, grandparents, and grandchildren. An employee selected to be a pallbearer for
a deceased employee will be allowed one-half (½) funeral leave day with pay. The Chapter
Chairperson or representative shall be allowed one-half (½) funeral leave day with pay in the event of
a death of a member of the Union, who is a member of the bargaining unit, for the exclusive purpose
of attending the funeral.
C. Jury Duty. Employees shall be granted time off with pay when called to serve on jury duty. Such
employees shall be paid at their regular rate for all hours up to the number of hours in their regularly
scheduled workweek. In consideration of receiving their regular pay, employees shall assign to the
County remuneration received for jury duty during the same period. An employee who reports for
jury duty and is dismissed shall report to work for the remainder of the working day. Employees
may retain mileage allowance.
D. Military Leave. Military/reserve leave shall be provided in accordance with applicable law.
Draft Overtime Policy
A. Overtime Compensation. Work of the employees of the County shall be organized wherever possible
to eliminate the need for work in excess of the normal workday or the normal workweek. Where
unusual circumstances arise, including meeting peak workloads or necessary deadlines, the
department head shall authorize work beyond the normal workweek when funds have been properly
budgeted for this purpose. Wherever possible, such authorization shall be approved in advance of
scheduling such work.
1. Work in excess of seven (7) hours per day or thirty-five (35) hours per week, but less than
eight (8) hours per day or forty (40) hours per week shall be compensated at straight time
rates.
2. Work in excess of forty (40) hours per week shall be compensated at a rate of one and one-
half (1½) times the base hourly rate computed and paid in the payroll period in which the
time was worked.
3. The above described compensation for hours worked beyond the normal workweek shall not
include elected officials, executive, administrative, professional and supervisory positions as
exempted in the Federal Fair Labor Standards Act.
B. Time Records. At the completion of a payroll period, each department shall prepare a time sheet
listing all employees of the department showing for each date, time worked, off-days, absence due to
sickness, vacation and other forms of leave, and time worked in excess of the normal work week.
Information provided on the time sheets shall be the basis for preparing the payroll and recording
deductions from accumulated vacation, sick and other types of leave taken by employees.
C. Compensatory Time. Employees may elect to take compensatory time in lieu of overtime payment
with advance, written approval of the Employer. Such compensatory time shall be computed at the
rate of one (1) hour for each hour worked between thirty-five (35) and forty (40), and one and one-
half (1½) hours for each hour worked over forty (40) hours per week. Such compensatory time shall
not be accumulated in excess of twenty-one (21) total hours. Compensatory time earned shall be
utilized by the end of the following pay period in which it was earned.
Draft Disciplinary Action Policy
A. Intent. The County expects employees to follow the rules, regulations, policies and procedures of the
County and its departments at all times. The failure of an employee to adhere to established rules,
regulations, policies and procedures and/or the commission of misconduct may result in disciplinary
action. The decision to impose discipline and the degree of severity of the disciplinary action is a
discretionary decision that will be made based on the nature of the offense, the employee's work and
performance history and other facts and circumstances deemed relevant.
B. Approach to Disciplinary Action. When disciplinary action is applied, the County may use graduated
penalties ranging through verbal warnings, written warnings, demotion, suspension without pay, and
discharge. However, the County always reserves the right to impose a more severe form of
discipline, including immediate discharge. The disciplinary actions outlined below are displayed in
increasing order of severity. When an employee requires correction in the areas of conduct, behavior
or work performance, one of the disciplinary methods listed below may be utilized.
1. Verbal caution. This is the least severe form of disciplinary action that a supervisor may
take. This method of discipline consists of:
a. A private discussion with the employee during which the employee is told about an
action, behavior or performance trait that needs to be started, stopped or modified.
b. A follow-up written summary of the verbal caution. This completed form will be
retained in the employee's official county personnel file.
2. Letter of instruction. This method of discipline consists of:
a. A letter, drafted and signed by the employee's supervisor, stating aspects of the
employee's conduct, behavior or work performance that need to be started, stopped
or modified along with specific steps to be taken to achieve these results.
b. A specific time limit for improvement shall be included this letter.
c. The employee is required to acknowledge receipt of a copy of the letter by signing
under a statement of acknowledgment. However, it shall also be noted that signing
the letter, is not an attestation of agreement with its contents. The original signed
letter shall be retained in the employee's official county personnel file.
3. Suspension without pay. This method of discipline involves removal of the employee from
employment in the department and from the county payroll for a specified period of time.
All actions of suspension without pay shall be coordinated with the County Controller.
a. Documentation of suspension shall be reduced to writing on a form provided by the
County Controller and shall be retained in the employee's official county personnel
file.
b. A special performance appraisal shall be prepared to fully document the background
and rationale for the suspension. This appraisal shall be filed in the employee's
official county personnel file.
c. Consent of the employee is not required to place the employee on a suspension
without pay.
d. The employee shall not accrue wage/salary, seniority or vacation and sick leave
credits while on suspension without pay nor can these accrued benefits be utilized
during a period of suspension without pay. All other benefits remain in effect during
the suspension period.
e. At the end of the period of suspension without pay, the employee shall be returned
to the payroll in the same department, position and classification from which he/she
was suspended.
4. Demotion. This method of discipline involves reduction of the employee's classification
level to a lower classification level. All actions of demotion shall be coordinated with the
County Controller.
a. Documentation of demotion shall be reduced to writing on a form provided by the
County Controller and shall be retained in the employee's official county personnel
file.
b. In a demotion, the employee's wage or salary must be reduced to fall within the
range of the new classification level but at a step level no lower than the employee's
current step level.
c. When the employee's salary or wage level is reduced as a demotion action, the
employee's duties and responsibilities also must be reduced commensurately.
d. In the case of a demotion, a special performance appraisal shall be prepared to fully
document the background and rationale for the demotion.
e. Consent of the employee is not required for a demotion action.
5. Termination. This method of discipline involves permanent severance of the employment
relationship between the employee and the county. All termination actions shall be
coordinated with the County Controller.
a. Documentation of demotion shall be reduced to writing on a form provided by the
county controller and shall be retained in the employee's official county personnel
file.
b. Termination of a county employee is an action to be taken as a last resort after all
other counseling and disciplinary actions have been determined to have failed, or
when a major violation of County policy has occurred.
6. Appeal process. Employees who wish to appeal a disciplinary action may do so as follows.
a. Union employees shall utilize the grievance process as outlined in their contract to
appeal disciplinary actions of a letter of instruction, suspension without pay,
demotion and termination.
b. Non-union employees may appeal a letter of instruction, suspension without pay,
demotion and termination directly to the Board of Commissioners Personnel
Committee.
B. Prohibited Conduct. The following is a general statement of prohibited conduct. It is not inclusive.
Certain offenses are so serious that all employees may properly be expected to know, without being
forewarned, that such conduct or behavior is not tolerated and is punishable. Examples of prohibited conduct
include, but shall not be limited to, the following:
1. Stealing, misusing, or deliberately destroying County property, tools and equipment or the
property of other County employees.
2. Using intoxicating beverages or illegal narcotics while on duty or at the workstation, or prior
to reporting for work when such use interferes with the ability to perform assigned duties in a
safe and efficient manner.
3. Unauthorized possession of firearms or other dangerous weapons while on duty or at the
workstation.
4. Disregarding or refusing to obey a lawful order, written or verbal, from a supervisor,
department head or other management authority.
5. Using one's position of employment with the County for personal gain or receiving anything
of value other than regular compensation.
6. Operating County vehicles or equipment without a valid operator's license, or operating
personal vehicles or equipment without a valid operator's license while performing County
business.
7. Supporting a restriction of output, slow down or any unauthorized interruption of assigned
duties or functions.
8. Abuse of sick leave.
9. Incompetence or unsatisfactory performance of assigned duties.
10. Conviction or plea of guilty or nolo contendere to a felony that results in jail time.
11. Falsification of records, including employment applications.
12. Use of offending conduct toward the public, a supervisor or other County employees during
working hours.
13. Failure to return on the required date following an approved leave of absence, vacation or a
disciplinary layoff, unless an excuse acceptable to the County is presented.