Personnel Policy

CONTENTS:

Equal Employment Opportunity
Employment Start-up
Employee Personnel Files
Rules of Employee Conduct
Employee Classifications and Compensation
Employee Benefits
Paid Time Off
PERSI
Employee Performance and Discipline
Opportunity to be Heard
Workplace Discrimination, Harassment, and Retaliation
Complaint Procedure
Separation from Employment
Appendix “A”

This policy establishes a safe, efficient, and cooperative working environment, establishes the responsibilities and level of performance expected of all Bonneville County Library District employees and explains certain benefits provided to Bonneville County Library District employees.

The policies and benefit offerings outlined in this policy are subject to change at any time, without prior notice to, and consent of, Bonneville County Library District employees. Changes may be made at the sole discretion of the governing board (“Board”).

This personnel policy is not a contract of employment and is not intended to specify the duration of employment or limit the reasons for which an employee may be discharged. All provisions of this policy will be interpreted in a manner consistent with this paragraph. In the event of any irreconcilable inconsistencies, the terms of this paragraph will prevail. This policy creates no rights, contractual or otherwise, for the benefit of employees not otherwise expressly set forth in this policy.

GENERAL POLICIES

THE ORGANIZATION IN WHICH YOU WORK

Bonneville County Library District is a political subdivision of the state of Idaho, though it is not a part of state government. The Board serves as the governing body of the District, carrying out local legislative duties and fulfilling other obligations as provided by law. The Board is the general policymaker for the Bonneville County Library District, and has primary authority to establish terms and conditions of employment with the District. As with all elected public officials, the Board is ultimately responsible to the voters of the Bonneville County Library District.

Each employee should recognize that although he/she may serve as an employee supervised by a department head, he/she remains an employee of the Bonneville County Library District, and not of the person who supervises his/her work. The terms and conditions set forth in this policy, and in the resolutions and policy statements that support it, cannot be superseded by any other person’s pledge, without the express action of the Board. That is particularly true for terms or conditions that would establish a current or future financial obligation for the Bonneville County Library District. You may, however, work for a department with an operational policy that provides additional direction to employees on expectations and procedures unique to that department.

EQUAL EMPLOYMENT OPPORTUNITY STATEMENT

All selection of employees and all employment decisions, including classification, transfer, discipline and discharge, will be made without regard to race, religion, sex, sexual orientation, gender identity, age, national origin, or non-job-related disability. No job or class of jobs will be closed to any individual except where a mental or physical attribute, sex or age is a bona fide occupational qualification. All objections to hiring or other employment practices must be brought to the attention of the Board, department head or supervisor, or in the case of objection to actions undertaken by that person, to legal counsel for the Bonneville County Library District.

VETERAN’S PREFERENCE AND RIGHTS

The Bonneville County Library District will accord a preference to the U.S. Armed Services veterans, or certain of his/her family members, in accordance with provisions of Idaho Code, Title 65, Chapter 5. In the event of equal qualifications for an available position, a veteran or family member who qualifies for the preference will be employed.

Any qualified veteran who has been restored to his/her position in accordance with Idaho Code § 65-508 will not be discharged from such position without cause for a period of one (1) year after such restoration. During this one-year period, a returning veteran will be entitled to an opportunity to be heard prior to termination. Such returning veteran will also be considered as having been on an unpaid leave of absence during his/her period of military duty. He/she will be restored to his/her position without loss of seniority, status or pay.

NEPOTISM / HIRING OF RELATIVES

No person will be employed by the Bonneville County Library District when the employment would result in a violation of provisions found in Idaho Code, including but not limited to l.C. §74-401 through 74-406 et seq., l.C. §18-1359 and their successors. Any such employment made in violation of these sections may be void. The appointment or employment of the following persons is prohibited:

No Board member or other public servant, including employees, will appoint or vote for the appointment of any person related to him/her by blood or marriage within the second degree to any compensated office, position, employment or duty. This means no one related within the second degree to anyone involved in any way in the hiring process can be hired and/or that no one related to an applicant within the second degree can take part in the hiring process.

An employee whose relative is subsequently elected as a Board member may be eligible to retain his/her position and pay increases as allowed by relevant provisions of Idaho law, including Idaho Code §18-1359(5).

PREFERENCE FOR HIRING FROM WITHIN

Qualified Bonneville County Library District employees and volunteers may be given preference over outside applicants to fill vacancies in the workforce without following the notice and selection procedures normally required for hiring new employees. If the internal preference process is used, it should be completed prior to seeking outside applicants for the position.

EMPLOYMENT START-UP

EMPLOYMENT FORMS TO BE COMPLETED

Employment application form or resume, I9 and W4, and any other forms necessary for employee information.

EMPLOYEE PERSONNEL FILES

Personnel Records

The official employee records for the Bonneville County Library District will be kept in the Human Resource Department or by the Library Director. The personnel files will contain records related to employee performance, employee status, and other relevant materials related to the employee’s service with the Bonneville County Library District. The Board, the employee’s supervisor and the employee himself/herself may contribute materials to the personnel files deemed relevant to the employee’s performance.

Access to Personnel Files

Only the employee’s supervisors, the Board when acting in the course of its official business, attorneys for the Bonneville County Library District and the employee him/herself are authorized to view materials in a personnel file. Access of others to such files will be allowed only with authorization of the supervising official after consultation with legal counsel for the Bonneville County Library District. Information regarding personnel matters will only be provided to outside parties with a release from the employee, when deemed necessary by legal counsel for the Bonneville County Library District, or pursuant to a Court order or a proper subpoena. The Bonneville County Library District reserves the right to disclose the contents of personnel files to outside state or federal agencies, its insurance carrier or its carrier’s agents for risk management purposes, or when necessary to defend itself against allegations of unlawful conduct. Copies of materials in an employee’s personnel file are available to that employee without charge, subject to exceptions provided by Idaho Public Records Law.

Management of Information in Personnel Files

Each employee will be provided an opportunity to contest the contents of his/her personnel file at any time, by filing a written objection and explanation that will be included in the file along with the objectionable material. In the sole judgment of the supervising official, after consultation with legal counsel for the Bonneville County Library District, any offending material may be removed upon a finding by the Bonneville County Library District that it is false or unfairly misleading. In general, there is a presumption that materials are to remain in personnel files accompanied by the employee’s written objection and explanation to provide a complete employment history. Any such approved removal of information will be documented in writing and maintained in the employee’s personnel file.

INTRODUCTORY PERIOD

A new employee or current employee promoted or transferred to new job responsibilities is subject to an introductory period during which the employee must demonstrate his/her ability to handle the responsibilities of the position. During the introductory period, employment is at-will and either the employee or the District may end the employment relationship at their discretion for any lawful reason, with or without advance notice. The base introductory period is six (6) months.

Any decision to terminate or demote an employee during the introductory period will be subject to the Unlawful Discrimination and Retaliation and Name-Clearing Hearing Policy, addressed elsewhere in this policy.

RULES OF EMPLOYEE CONDUCT

Violation of any of the rules set forth below will be grounds for disciplinary action including possible dismissal from employment. However, this list is illustrative and not all inclusive and other behaviors and acts of misconduct not specifically set out below may be grounds for disciplinary action as well. Nothing contained herein is intended to change the nature of the employee’s employment with the Bonneville County Library District or limit the reasons for which the employee may be disciplined, including termination of the employment. The most important of these rules are those addressing attitude and cooperative behavior.

PERSONAL CONDUCT

Each employee is expected to conduct himself/herself in a manner that is helpful and productive and that does not reflect adversely upon the Bonneville County Library District. Public employees are subject to additional public scrutiny in their public and personal lives because the public’s business requires the utmost integrity and care. Each employee is expected to scrupulously avoid personal behaviors that would bring unfavorable public impressions upon the District and its officials. In order to accomplish this, each employee must:

Work cooperatively and constructively with fellow workers and members of the public to provide public service of the highest quality and quantity. THIS IS THE FIRST PRIORITY FOR ALL EMPLOYEES.

Be prompt and regular in attendance at work for defined work schedules or other required employer functions, and follow procedures for exceptions to the normal schedules, including the scheduling and taking of vacation and sick leave.

Comply with dress standards established in the department for which the employee works. In the absence of any departmental dress standards, clothing will be appropriate for the functions performed and will present a suitable appearance to the public.

Not engage in criminal conduct of any kind while on or off duty. Bonneville County Library District employees are expected to behave in a lawful manner and failure to do so is a violation of the trust placed in such employees by the public and the appointing official.

Not engage in conduct away from work that, although not criminal, may reflect adversely upon the District or its officials or otherwise impair the employee’s ability to perform.

Avoid conflicts of interests in appointments and working relationships with other employees, contractors and potential contractors in the Bonneville County Library District and related agencies.

Not engage in conduct that violates the laws of the state of Idaho, including but not limited to l.C. §18-1356 (accepting gifts that exceed a value of $50), l.C. §74-401 through 74-406 et seq. (Ethics in Government Act), l.C. §74-501 through 74-511 (Prohibitions Against Contracts) and l.C. §18-1359 (Using Public Position for Personal Gain).

Not accept gifts or gratuities in any personal or professional capacity that could create the impression that the giver was seeking favor from the employee or official in violation of l.C. § 18-1356 and l.C. § 18-1357.

Not engage in workplace or public conduct otherwise detrimental to the accomplishment of the goals established by the Board or the department for whom he/she works.

Give his/her best efforts to accomplish the work of the Bonneville County Library District for public benefit in accordance with policies and procedures adopted by the Board and displaying an attitude of cooperation and constructive participation.

Be subject to the administrative authority of the officials who supervise the department in which the employee works.

Abide by all departmental rules whether written or oral. No employee will be required to follow the directive of a supervisor that violates laws of any local jurisdiction, the state or nation.

Perform such obligations as are necessary to carry out the work of the Bonneville County Library District in an efficient and effective manner at minimal costs and with limited risk to the public and fellow workers.

Not sleep or be absent from the employee’s work station when on duty. Employees must be attentive to their work at all times.

Not engage in malicious gossip, spread rumors, engage in behavior designed to create discord and lack of harmony, willfully interfere with another employee’s work output or encourage others to do the same.

Not unlawfully harass a fellow worker employee or member of the public, as outlined in the Bonneville County Library District’s Workplace Discrimination, Harassment and Retaliation Policy.

Not discriminate in the treatment of fellow employees or members of the public on the basis of race, religion, gender, sexual orientation, gender identity, age, disability or national origin.

Not engage in abusive conduct to fellow employees or the public, or use abusive language in the presence of fellow employees or the public. Abusive language will include profanity and loud, threatening or harassing speech.

Follow all rules for care and use of public property to assure that the public investment in such property is protected and that the safety of the public and other workers is maintained.

Not use any lawful or unlawful substances that will impair the employee’s ability to competently perform his/her work or threaten the safety and well-being of other workers or the public. Should the employee be prescribed a lawful substance that may impair the employee’s ability to safely do his/her job, the employee is required to provide a physician’s note explaining the possible effects of the medication on the employee’s ability to do his/her job and the length of the time that the employee will be required to take the medication. The employee may be required to take leave while taking the medication.

Follow the rules regarding the reporting of work hours and comply with the Bonneville County Library District’s procedures for approval of time-keeping records.

Follow rules and schedules for breaks and lunch periods.

Report all accidents that occur or are observed on the job, or are on or involve Bonneville County Library District property, and cooperate as requested in the reconstruction of any such accident.

Follow all workplace safety rules whether established by the department or by outside agencies. Employees are encouraged to suggest ways to make the workplace or work procedures safer.

Maintain a current appropriate driver’s license when work for the Bonneville County Library District requires the employee to drive a vehicle as part of his/her responsibilities. Each such employee must report any state-imposed driving restrictions to his/her immediate supervisor and notify his/her supervisor if his/her driving abilities are impaired.

Not serve on any board or commission that regulates or otherwise affects the official duties or personal interests of the employee in a way that could create disadvantage for other members of the public or advantage for the employee.

Not have non-District employment that conflicts with duties performed for the Bonneville County Library District in any meaningful way. Individual offices/departments may determine permissible examples of outside employment.

Not release any public record, including personnel records, without the express authority of the public official responsible for custody of the record, after consulting with legal counsel for the Bonneville County Library District, or without an order from a court or public agency of competent jurisdiction.

Maintain the confidential nature of records that are not open to public scrutiny in accordance with the direction of the responsible official.

Not use work time for personal business, including the selling of goods or services to the general public.

Adhere to any code of ethics in his/her profession.

Not engage in political activities while on duty.

Not provide false or misleading information on employment applications, job performance reports, or any other related personnel documents or papers.

Not destroy, alter, falsify or steal the whole or any part of a police report or any record kept as part of the official governmental records of the Bonneville County Library District (l.C. §§ 18-3201 and 18-3202).

Not use phones or computers in the workplace in a manner that violates policy or that disrupts workplace activities.

Not abuse employee benefit offerings by taking unjustified sick leave, unearned vacation, participating in a scheme designed to create incorrect personnel records or to claim benefits that are not deserved in accordance with Bonneville County Library District policy.

Not violate rules concerning absence from the workplace without proper authorization.

Not engage in prolonged visits with co-workers, children, friends or family members that interfere with work in the department in which the employee serves.

Not use work time or public premises to promote religious beliefs to members of the public or fellow employees.

RELATIONSHIP POLICY

Personal relationships are a vital part of most people’s lives. When personal relationships intersect with employment, an employer may become entangled with the consequences of the choices that employees make. The Bonneville County Library District has no desire to become involved in such matters. Accordingly, these rules serve as a basic guide to family and romantic relationships in the Bonneville County Library District’s workplace:

No employee of the Bonneville County Library District will hire, supervise or otherwise exercise discretion concerning a paid employee who is related to the supervisor by blood or marriage within the second degree.

Any supervisor involved in a romantic relationship with a subordinate must immediately notify his/her superior of the existence of any such relationship. Efforts should be made to eliminate supervisory responsibility for one who is romantically involved with a subordinate. Employees involved in such a relationship bear a responsibility to the Bonneville County Library District to cooperate in any effort to avoid the potential conflicts that can arise from such personal relationships in the workplace. Such a relationship may result in a change of employment duties.

EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS

For varied reasons, employee status must be organized by classes in order to administer employee policies, benefits or otherwise address employment issues. It is generally the responsibility of the employee to assure that he/she is properly categorized for purposes of each issue or benefit type. The Bonneville County Library District will endeavor to assist with such matters, but the employee is ultimately responsible to assure that his/her service is properly addressed.

CLASSIFYING EMPLOYEES FOR POLICY PURPOSES

Employment Status

Qualified Employees

Employees of the Bonneville County Library District that have passed the 6 month probationary period will not be suspended without pay, demoted with an accompanying change in pay or discharged from their positions for disciplinary purposes except for cause related to performance of their job duties or other violations of this policy. Cause will be determined by the Board and/or supervisor and will be communicated in writing to the employee when the employee’s status is proposed to be changed. Such action will be subject to the Opportunity to be Heard process for disciplinary procedures set forth in this policy.

Employed Attorneys and Other Legal Counsel

Because the Idaho Rules of Professional Conduct govern the relationship between an attorney and his/her client, attorneys employed by the Bonneville County Library District are considered to be at-will employees, and serve at the pleasure of the Board, and can be appointed or removed at their pleasure.

Temporary Employees and Employees in their 6 month probationary period

Employees who work on an irregular, seasonal or temporary basis or who have worked less than 6 months are at-will temporary employees. Temporary employees do not have the right to request an opportunity to be heard with regard to disciplinary processes. However, such an employee who believes that he/she has been removed from his/her position or demoted with a reduction in pay as a result of unlawful discrimination or retaliation, or as a result of an allegation entitling him/her to a name-clearing hearing, may utilize the procedures set out in this policy.

EMPLOYEE CLASSIFICATION FOR BENEFIT PURPOSES

The classification of the position an employee holds with the Bonneville County Library District may affect the status of obligations or benefits associated with his/her employment. The primary classes of employees are:

Elected Officials

Elected Officials are not considered regular employees. Elected Officials receive employment benefits as identified in a resolution adopted by the Board.

Full-Time Regular Employees

Employees whose employment is sustained and continuing and whose typical work week consists of at least 32 hours are considered full-time regular employees. Full-time regular employees are eligible for accumulated paid time off (PTO) and PERSI when they have met the PERSI enrollment criteria. No other benefits are currently available because qualifying thresholds have not been reached.

Half-Time Regular Employees

Employees whose employment is sustained and continuing and whose typical work week consists of at least 20 hours but no more than 31 are considered half-time regular employees. Half-time regular employees are eligible for accumulated paid time off (PTO) and PERSI when they have met the PERSI enrollment criteria.

Part-Time Regular Employees

Employees whose employment is sustained and continuing and whose typical work week consists of less than 20 hours on a regular basis are considered part-time regular employees. Part-Time Employees are also available for paid time off (PTO).

Temporary Employees

Employees who work on an irregular, seasonal or temporary basis are temporary employees. Temporary employees receive no benefits provided to regular employees, except those required by law or those approved by official action of the Board.

COMPENSATION POLICIES

Establishment of Employee Compensation

Employees are compensated in accordance with, and subject to, decisions of the Board as annual budgets are set, and are subject to increase, reduction, or status quo maintenance for any time period. The department head may make suggestions about salary compensation and other pay system concerns, but the final decision regarding compensation policy rests with the Board.

Compliance with State and Federal Pay Acts

The Bonneville County Library District will comply with all state and federal pay acts governing compensation of its employees.

Right to Change Compensation and Benefits

The Bonneville County Library District may change general compensation for any reason deemed appropriate by the Board. Compensation may also be adjusted based upon job performance and the availability of funds to maintain a solvent Bonneville County Library District budget. Hours worked may be reduced or employees may be laid off by the Board as necessary to meet budgetary constraints or as work needs change.

Overtime/Compensatory Time Policy

In addition to the employee classifications set forth elsewhere in this policy, all employees are classified as exempt (salaried) or nonexempt (hourly) for purposes of complying with the federal Fair Labor Standards Act (FLSA). Exempt employees perform work that qualifies for the professional, executive or administrative exemption and do not qualify for overtime compensation. Employees should contact your department supervisor or the Human Resources Office for further clarification of the employee’s FLSA status.
Overtime for non-exempt, hourly employees will be allowed only when authorized by the appropriate supervisor or when absolutely necessary in an emergency. Non-exempt employees entitled to overtime compensation will either accrue compensatory time or overtime pay as established by policy adopted by the Board. Compensatory time or overtime pay for work in excess of 40 hours per week will be computed at 1.5 hours per hour worked.
Compensatory time may be used whenever required by a supervisor or when requested by an employee with the concurrence of a supervisor. Use of requested compensatory time will depend upon the ability of the department to tolerate a requested absence. If repeated requests to use compensatory time are denied by a supervisor, or reasonable opportunities to use such time are unavailing, an employee must be paid for such accrued time.

Reporting and Verifying Time Records

Each hourly employee is responsible to timely and accurately record time that he/she has worked in accordance with the procedures authorized by the Board and the payroll office. By completing their time record, employees certify that it is a true and correct record of the employee’s actual time worked and benefits used for the time period covered. Exempt employees may be required to document time worked or benefits used for accountability purposes.
Any employee concerned about his/her compensation, rate of pay, payroll status, deductions, etc., must communicate such concerns to the payroll office or his supervisor as soon as any such concern becomes evident. Documentation of any such issue should be maintained in the employee’s personnel file.

Work Periods

The work week for all non-exempt employees who are subject to the FLSA begins at 12:00 a.m. on Sunday of each week and concludes at 11:59 p.m. of the succeeding Saturday.

Payroll Procedures and Paydays

Paychecks or direct deposit receipts are issued on the 5th and 20th day of every month. Paychecks compensate employees for work performed in the semi-monthly pay period prior to each payday.
Each employee must monitor the accuracy of compensation received. Information shown on the employee’s paycheck stub is provided for information only. Actual practices regarding the issuance of paychecks and allocation of employee benefits must be consistent with official policy of the Bonneville County Library District. In the event of disagreement between the computer generated paycheck stub and official policy, as interpreted by the Board, the policy will prevail. Employees are obligated to call to the Bonneville County Library District’s attention any errors, whether to the advantage or disadvantage of the employee.

Compensation while Serving on Jury Duty or as a Witness in a Court Proceeding

Leave will be granted and full pay provided to employees called to serve as a court witness in matters specifically related to District operations or called to serve on jury duty when it is on a scheduled work day.

Military Leave

An unpaid leave of absence will be granted to an employee to participate in ordered and authorized field training in accordance with Idaho Code §§ 46-407 and 409, and the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Payroll Deductions

No payroll deductions will be made from an employee’s paycheck unless authorized in writing by the employee or as required by law (Idaho Code § 45-609).

Travel Expense Reimbursement

An employee on approved Bonneville County Library District business will be reimbursed for expenses incurred in completing his/her assignment in accordance with the policies established by the Board. Each employee is responsible for providing receipts for any expenses for which reimbursement is requested.

On-the-Job Injuries

Employees are covered by worker’s compensation insurance for on-the-job injuries. All on-the-job injuries must be reported to the employee’s supervisor as soon as practicable so that a worker’s compensation claim can be filed. Return to employment will be authorized on a case-by-case basis in consultation with the supervising official and the State Insurance Fund and may require a fitness for duty medical review. Concerns associated with injured worker status may be brought before the Board or supervisor for review.

EMPLOYEE BENEFITS

The Bonneville County Library District offers a number of employee benefits for full-time and part-time regular employees. These benefit offerings are subject to change or termination in the sole discretion of the Board. Each benefit offering is subject to the specific terms of its respective insurance policy and/or official resolution of the Board.

PTO TIME (Paid Time Off)

In lieu of paid holidays, vacation or sick leave, the Library provides Paid time off (PTO) to Administration and Staff (temporary employees are excluded) to provide opportunities for sick leave, rest, relaxation, and personal pursuits.

PTO is accrued on an hourly basis, to be allotted with each pay period. The amount of PTO received each year and the rate of accrual increases with the length of employment as shown in the following schedule:

PTO EARNING SCHEDULE
YEARS OF ELIGIBLE SERVICE (2000 hours worked)	PTO ACCRUAL PER HOUR WORKED	PTO HOURS PER YEAR WORKING 40 HOURS PER WEEK AND 50 WEEKS PER YEAR
Upon hiring	0.112 hours per hour worked	224 hours (28 days)
After 1 year	0.116 hours per hour worked	232 hours (29 days)
Each additional year (2000 hours worked)	an additional 0.004 hours per hour worked	Additional 8 hours (1 day)

To use PTO, Staff must request advance approval from the Director. Requests will be reviewed based on staffing requirements.

If, in the event an employee leaves or is terminated, the PTO balance they have earned will be paid out at the then-current hourly rate.

PTO may be cashed out with advance approval from the Director

A maximum of 320 hours of PTO can be carried over to the next fiscal year.

PTO will not be considered as time worked for purposes of calculating overtime compensation.

Business Closure Day

Business Closure Day is defined as when the library has been closed with no working schedules, i.e. Christmas Eve. In the event of a Business Closure Day those Full-time employees that are normally scheduled to work have 3 options:

Use available PTO time to cover lost hours
Arrange with supervisor to work lost hours during the week of Business Closure
It is a non-paid day

Part-Time employees that are normally scheduled to work have 3 options:

Use available PTO time to cover lost hours
Arrange with supervisor to work lost hours during the week of Business Closure
It is a non-paid day

Emergency Closure Day

Emergency Closure Day is defined as in case of emergency that would directly affect the patrons or staff welfare. Those employees scheduled to work will receive pay for the hours not worked due to the closure by being given the chance to work from home or work in another branch. If you have requested time off before the closure occurred you will not be compensated. For further questions see the Bonneville County Library District Daily Operations Manual.

Bereavement Leave

Under the discretion of the Bonneville County Library’s Director up to one (1) calendar week of paid leave may be provided upon the death of an immediate family member defined as spouse, children, stepchildren, adopted children or children for whom the employee is a legal guardian, grandchildren, parents, stepparents, siblings, grandparents, and corresponding in-laws. Employees have the right to use accrued vacation leave beyond the leave of absence allowed by this section.

Leaves of Absence

Up to ten (10) days of unpaid leave of absence can be granted by the Library Director verbally for any justifiable purpose. Paid leave in any amount or unpaid leave in excess of (10) days will require written approval of the Library Director.

Family Medical Leave Act (FMLA)

Eligibility Requirements: To be eligible for FMLA benefits, prior to any leave request, the employee
(i.) Must have worked for the Bonneville County Library District for at least 12 months;
(ii.) Must have worked at least 1,250 hours for the Bonneville County Library District during the previous 12 months; and
(iii.) The Bonneville County Library District must employ at least 50 employees within 75 miles of the employee’s place of work.

Since the Bonneville County Library District does not employ at least 50 employees, FMLA DOES NOT apply to Bonneville County Library District employees, and they are not entitled to 12 weeks of job-protected, FMLA leave.

PERSI (Public Employee Retirement System of Idaho)

PERSI began October 1, 2023 for Full-time and Half-time employees that have met the PERSI eligibility requirements. Contribution rates and additional information may be found at https://www.persi.idaho.gov.

EMPLOYEE PERFORMANCE AND DISCIPLINE

PURPOSE OF DISCIPLINE/PERFORMANCE POLICY

This discipline/performance policy of the Bonneville County Library District establishes a consistent procedure for maintaining suitable behavior and a productive working environment. These procedures are directory in nature and minor variations in the processes set forth herein will not affect the validity of any actions taken pursuant to this policy.

DISCIPLINARY/PERFORMANCE SYSTEM FRAMEWORK

The following framework guides the processes to be taken when an employee violates employment policies or fails to adequately perform his/her duties. Nothing contained herein is intended to limit the reasons for which the employee may be disciplined, including termination of the employment. In addition, nothing contained herein is intended to change the at-will nature of the employment for those employees identified as at-will in this policy. Progressive steps may be implemented in order to encourage improved performance or attitude, but are not required. The Bonneville County Library District may take any of the prescribed steps in any order when a supervisor deems an action of the employee to be serious enough to warrant a certain step.

DISCIPLINARY ACTIONS AVAILABLE

The following actions are among the disciplinary actions that may be taken in response to personnel policy violations:

Oral warning
Written warnings or reprimands (including Performance Improvement Plan)
Suspension without pay
Demotion
Dismissal

Conditions of maintaining employment that relate to particular performance / behavior issues may be established in conjunction with any of these actions.

OPPORTUNITY TO BE HEARD CONCERNING PROPOSED DISCIPLINE OR FAILURE TO PERFORM

Full-time, Half-time and Part-time regular employees, unless otherwise designated as being at-will in this policy, have the right to be heard in the event of contemplated demotion with a reduction in pay, suspension without pay or dismissal from employment related to job performance or conduct issues. The opportunity to be heard is designed to be informal, allowing the employee to discuss with his/her supervisor the facts surrounding the proposed disciplinary action or performance-based personnel action and to provide any additional documentation that the employee believes would be helpful in explaining his/her actions, attitudes or behavior.

The following steps should be followed:

The employee will be provided with a written notice of the reasons for the proposed personnel action, along with an explanation of the Bonneville County Library District’s supporting information.

The written notice will include a date, time and place for the employee to be heard to discuss the proposed personnel action.

The notice should state whether the employee is being placed on suspension pending the outcome of the opportunity to be heard, and whether any such suspension will be with or without pay.

If the employee is unable to participate in the scheduled opportunity to be heard, he/she may request an alternate date. Any approved alternate date that falls after the originally scheduled date may continue the suspension without pay, at the discretion of the Bonneville County Library District.

The employee must notify the Bonneville County Library District within two (2) business days of the date of the notice that he/she desires to be heard as scheduled. If notice of acceptance of the opportunity to be heard is not received within two business days, the opportunity to be heard will be vacated and deemed waived.

As an alternative to an opportunity to be heard, the employee may choose to provide a written response to the basis for the proposed personnel action. This written response must be submitted no later than the scheduled date and time initially set for the opportunity to be heard.

The opportunity to be heard, if chosen, will last no longer than one hour, unless otherwise approved by the Bonneville County Library District, and will be limited to discussion of the issues contained in the notice and to any allegations by the employee of unlawful discrimination, harassment or retaliation in employment as provided for in the next section.

The employee may have an attorney present and assist him/her at the employee’s own expense. The employee must give the Bonneville County Library District notice at least twenty-four (24) hours before the hearing if he/she intends to have an attorney present.

The employee will be allowed to present written statements from witnesses about the issues contained in the notice.

The Bonneville County Library District may ask the employee questions.

The Idaho Rules of Evidence do not apply to the opportunity to be heard.

There will be a record maintained, including a recording of the discussion.

The Bonneville County Library District will render a written decision after considering employee’s responses, if any, to the allegations set out in the notice.

Failure to participate in the opportunity to be heard constitutes a failure to exhaust administrative remedies under this policy.

OPPORTUNITY TO BE HEARD – ASSERTIONS OF UNLAWFUL DISCRIMINATION AND RETALIATION AND “NAME-CLEARING HEARING”

Employees may from time-to-time experience adverse consequences of unlawful discrimination and retaliation, whether they are for-cause or at-will employees. In addition, a public employee who is being demoted with a reduction in pay or terminated from employment based upon allegations of dishonesty, immorality or criminal misconduct is constitutionally entitled to a name-clearing hearing when one is requested.

Unlawful discrimination and retaliation address actions that are alleged to involve decisions based upon age, sex, sexual orientation, gender identity, race, religion, national origin or disability that are not bona fide occupational qualifications. The Bonneville County Library District does not condone discrimination or retaliation on the basis of the foregoing unlawful categories. Unlawful retaliation addresses actions that are taken against an employee for initiating a charge of discrimination or harassment, or for assisting in any way in an investigation of such charges.

Failure to pursue these opportunities to be heard or name-clearing hearing procedures constitutes a waiver of this opportunity.

Issues involving job performance or employee attitude, without allegations of discrimination, retaliation, dishonesty, immorality or criminal misconduct, are not the proper subject of this procedure and will not be heard unless they are in conjunction with an opportunity to be heard procedure for performance-based discipline or termination.

The procedure for the opportunity to be heard or name-clearing hearing is as follows:

1. Within fourteen (14) days of his/her termination or demotion, the employee may submit a written allegation of unlawful discrimination or retaliation, or the basis for entitlement to a name-clearing hearing, stating with particularity the basis for the requested hearing. Written allegations that are untimely submitted or that fail to state a particular, legally recognized basis will not be granted an opportunity to be heard. An employee will be promptly notified if a requested hearing is denied.
2. An employee alleging unlawful discrimination or retaliation, or who is legally entitled to a name-clearing hearing, will meet with the Board. The hearing will not exceed one (1) hour in duration.
3. An audio recording of the hearing will be made and maintained as part of the personnel record.
4. The employee’s supervisor may provide a brief written statement at least twenty-four (24) hours prior to the hearing in response to the charges. The Board may require the employee’s supervisor to participate in the hearing.
5. The employee will be provided an opportunity to present evidence upon which the claims are based.
6. The Board may ask questions during this process.
7. The employee may question participants during this process.
8. The EMPLOYEE BENEFITS Idaho Rules of Evidence do not apply to this opportunity to be heard or name-clearing hearing.

After the hearing, the Board will consider the information submitted, and such other information as might be in the Bonneville County Library District’s records, to arrive at a decision concerning the employee’s allegations. The decision will set forth in writing the reasons for the Board’s determination.

WORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION POLICY AND COMPLAINT PROCEDURE

PURPOSE

This section establishes the Bonneville County Library District’s commitment to provide a work environment free from unlawful discrimination, harassment and retaliation, and to set forth the procedures for investigating and resolving internal complaints of such behavior. This policy should be reviewed by each employee on a periodic basis.

It is important that all employees treat all other employees and members of the public with respect and in a lawful and civil manner. It is the responsibility of every employee, supervisor, department head and Elected Official to deter inappropriate behavior in the workplace. Discriminatory harassing behavior that impacts, or has the potential to impact, the workplace will not be tolerated.

This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, job retention, promotion, disciplinary action, layoff, reinstatement, transfer, leave of absence, compensation and training.

POLICY

Unlawful discrimination or harassment of an applicant for employment, a member of the public or an employee by any employee of the Bonneville County Library District on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age (40 and over) or disability is in violation of state and/or federal law and will not be tolerated by the Bonneville County Library District.

Employees found to be participating in any form of employment related unlawful discrimination or harassment, or retaliating against another employee for filing a complaint alleging discrimination or harassment or cooperating with an investigation, will be subject to disciplinary action up to and including termination of employment.

RESPONSIBILITIES

The Bonneville County Library District
1. It is the responsibility of the Bonneville County Library District to develop this policy, provide training on it, keep it up to date, and ensure that any violation of this policy brought to its attention is dealt with as required by law and according to this policy.
2. The Bonneville County Library District designates the Library Director, or his/her designee (“Designated Official”), as the official who will be responsible for directing the procedures of this policy.

Supervisors
1. Supervisors enforce the policy, train new employees on it, regularly review it with all employees so that the employees know its provisions, and monitor the workplace for compliance.
2. If a supervisor observes that unlawful discrimination, harassment or retaliation is occurring, he/she should take immediate action to address the problem. Such action should include, but is not limited to, speaking directly with the affected person, developing a specific account of the actions, omissions or occurrences that are deemed discriminatory, harassing or retaliatory, consulting with a department head, and taking corrective or disciplinary action as appropriate. If the alleged discrimination, harassment or retaliation is not within the supervisor’s area of responsibility or oversight, he/she should notify the department head or other appropriate management employee, who should then take prompt steps to address the allegation.
3. If unlawful discrimination, harassment or retaliation is reported or alleged, it must be followed up by a supervisor. A complaining party is not allowed to retract an allegation of such unlawful actions without proving that it was made erroneously.

Employees

It is the responsibility of every employee to know this policy and to share the responsibility of understanding and preventing unlawful discrimination, harassment and retaliation. But, satisfactory investigation or resolution of complaints cannot occur without the initiative and continued cooperation of the affected person. Individuals who believe they have been discriminated, harassed or retaliated against have the primary obligation of informing their supervisor, department head, Human Resource Officer of BCLD or ICRMP, or legal counsel for the Bonneville County Library District of such actions, recounting specific actions or occurrences whenever possible.

DEFINITIONS

Unlawful harassment includes, but is not limited to, the following behaviors:

Verbal Harassment – Derogatory comments, slurs, propositioning, or otherwise offensive or abusive words or comments on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age (40 and over) or disability, whether made in general, directed to an individual or directed to a group of people regardless of whether the behavior was intended to harass. This includes, but is not limited to, inappropriate sexually oriented comments about dress or physical features, sexual rumors, code words, race-oriented stories, as well as jokes of a sexual or discriminatory nature or “kidding” that is oriented towards a prohibited form of harassment.

Physical Harassment – Assault, impeding or blocking movement, leering at, physical interference with normal work, privacy or movement when directed at an individual on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age (40 and over) or disability. This includes pinching, patting, grabbing, inappropriate behavior in or near bathrooms; sleeping facilities and eating areas, or making explicit or implied threats or promises in return for submission to physical acts.

Visual Harassment – Derogatory, prejudicial, stereotypical or otherwise offensive posters, photographs, cartoons, e-mails, notes, bulletins, drawings or pictures on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, age (40 and over) or disability. This applies to both posted material and material maintained in or on District equipment or personal property in the workplace.

Sexual Harassment – Any act that is sexual in nature and is made explicitly or implicitly a term or condition of employment, is used as the basis of an employment decision, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

There are basically two types of sexual harassment:

“Quid pro quo” harassment, where employment decisions such as raises, promotions, better working hours, job retention, etc., are directly linked to compliance with sexual advances/unlawful sexual harassment. Therefore, only someone in a supervisory capacity with the authority to grant any of such benefits can engage in quid pro quo harassment. Examples: A supervisor promising an employee a raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her.
“Hostile work environment,” where unlawful harassment creates an offensive and unpleasant working environment.

A hostile work environment can be created by anyone in the work environment, whether they are supervisors, other employees or the public. Hostile work environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact as a regular part of the work environment. Cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category. A prohibited hostile work environment does not exist simply because a supervisor is rude, belittles the employee or requires work that the employee does not want to do. A prohibited hostile work environment is only present when it is based on the above factors.

COMPLAINT PROCEDURE

The following complaint procedure must be followed to address a complaint regarding discrimination, harassment or retaliation:

A person who believes he/she has been unlawfully discriminated, harassed or retaliated against should report it to his/her supervisor, department head, Human Resource Officer, or legal counsel for the Bonneville County Library District. If a supervisor becomes aware of a complaint in any way that unlawful discrimination, harassment or retaliation is occurring in any Bonneville County Library District department, the supervisor should immediately report it to a designated official and legal counsel for the Bonneville County Library District, unless the designated official is the focus of the complaint, in which case the legal counsel for the Bonneville County Library District should be informed, and will have the responsibility to direct the investigation.

Once such a complaint has been made, the complaint cannot be withdrawn by the complainant without a determination that it was made erroneously.

Promptly upon receiving the complaint, the designated official should initiate the investigation to determine whether there is a reasonable basis for believing that an alleged violation of this policy or law has occurred.

Upon receiving the complaint, or being advised by a supervisor that violation of this policy may be occurring, the designated official should review the complaint and consult with legal counsel for the Bonneville County Library District and the Library Director.

The designated official, in consultation with legal counsel for the Bonneville County Library District, should engage an appropriate person to investigate the complaint. The investigator should be a neutral party, but the designated official may serve as the investigator in appropriate circumstances.

The investigator should interview the complainant, the person alleged to have committed the offenses, and any relevant witnesses to determine whether or how the alleged conduct occurred.

As soon as practicable, the investigator will conclude the investigation and submit a report of the findings to the designated official, who will then route it as appropriate.

If it is determined that unlawful discrimination, harassment or retaliation has occurred, the appropriate official will recommend the course of action to be taken by the Bonneville County Library District. The action will depend on the following factors:

1. The severity, frequency and pervasiveness of the conduct;
2. The conduct of the respective employees;
3. Prior complaints made against the person alleged to have committed the offenses; and
4. The quality of the evidence (first-hand knowledge, credible corroboration etc.).

If the investigation is inconclusive or it is determined that there has been no unlawful discrimination, harassment or retaliation, but some potentially problematic conduct is revealed, corrective action may be taken.

Promptly after the investigation is concluded, the designated official and/or the appropriate supervisors and legal counsel for the Bonneville County Library District will separately meet with the complainant and the person alleged to have committed the offenses to notify them in person of the findings of the investigation.

The complainant and the person alleged to have committed the offenses may submit statements to the designated officials and/or supervisors challenging the factual basis of the findings. Any such statement must be submitted no later than five (5) working days after the meeting in which the findings of the investigation are discussed.

Promptly after the designated official and/or supervisors have met with both parties and reviewed the documentation, and after consultation with legal counsel, a decision will be made as to what action, if any, should be taken by the Board or department head.

DISCIPLINARY ACTION

If unlawful discrimination, harassment or retaliation is determined to have occurred, the supervisor should take prompt and effective remedial action against the actor. The action should be commensurate with the severity of the offense, up to and including termination of employment.

RETALIATION

Retaliation in any manner against a person for filing or initiating in good faith a charge or complaint of discrimination or harassment, testifying in an investigation, providing information or assisting in an investigation is expressly prohibited and subject to disciplinary action up to and including termination. The supervisor, department head and Board should take reasonable steps to protect the victim and other potential victims from further discrimination, harassment, retaliation or related consequences.

CONFIDENTIALITY

Confidentiality should be maintained to the fullest extent possible in accordance with applicable federal, state and local law. However, a complete and thorough investigation of the allegations will require the investigator to inform witnesses of certain aspects of the complaint in order to obtain an accurate account of the actions of the parties involved. The Bonneville County Library District’s insurer may also be engaged to assist in all phases of any proceeding or investigation.

FALSE COMPLAINTS

Discipline will result, up to and including termination, when it is conclusively determined that an employee made a complaint of discrimination, harassment or retaliation knowing it to be false and/or knowingly participated in the falsehood. This section is not intended to discourage employees from making complaints regarding unlawful employment-based behavior. An employee will not be disciplined for reporting actual behavior that in good faith the employee believed was unlawful employment-based behavior. However, false complaints adversely impact the workplace and the career of the accused, even when disproved, and will not be tolerated.

SEPARATION FROM EMPLOYMENT

REDUCTIONS IN FORCE (RIF)

When financial circumstances or changes of workload require, the Bonneville County Library District may reduce forces in such a manner as it deems necessary to maintain the effective functioning of the Bonneville County Library District services. Employee assignments may be affected by reductions in force made due to economic conditions or to changes in staffing and work needs. The Board may make any changes in the workforce or assignment of resources deemed to be in the Bonneville County Library District’s best interests.

EXIT INTERVIEW

Each employee who terminates from employment is encouraged to participate in an exit interview with the designated representative of the Bonneville County Library District. The employee should be invited to inform the interviewer about his/her impressions of employment. An employee exit letter or form may be completed and will be retained in the employee’s personnel file.

RESIGNATION POLICY

Written and oral resignations are effective upon receipt by a supervisor or Elected Official. Oral resignations should be documented by the supervisor after consultation with the Elected Official or department head or Board. Evidence of the written or oral resignation should be provided to the employee and placed in the employee’s personnel file.

Employees who have an unexcused or unauthorized absence of three (3) working days or more may be considered to have resigned through abandonment of his/her position. If an employee’s words or actions indicate intent to resign, including having an unexcused or unauthorized absence of three (3) or more working days, the Bonneville County Library District will consider the employee as having resigned and immediately notify him/her of such.

APPENDIX “A”

ACKNOWLEDGEMENT OF RECEIPT OF THE BONNEVILLE COUNTY LIBRARY DISTRICT PERSONNEL POLICY

I, ______________________________________ acknowledge receipt of the Personnel Policy, updated on June 13, 2024.

I understand that it is my responsibility to read and review this policy.

I understand that this Policy is not a contract and cannot create a contract.

I understand that I am obligated to perform my duties of employment in conformance with the provisions of the Personnel Policy Manual and any additional rules, regulations, policies or procedures imposed by the department in which I work whether or not I choose to read the new Policy.

I understand that this Policy may be modified without prior notice to me.

I understand that should this Policy be modified that I may be provided with a copy of the modifications.

I understand that this Policy may be provided to me in either paper format or by electric access.

DATED this ________________ day of ________________________, 20______.

______________________________________
Employee Signature

I, __________________________________(supervisor), provided a copy (either electronically or

by paper) of the Bonneville County Library District Personnel Policy, as revised by the Bonneville County Library Board of Trustees on June 13, 2024 to the employee listed above

on this ___________ day of _________________________, 20_______.

__________________________________________
Supervisor Signature-Title-Department

Adopted by BCLD Board of Trustees on 5/23/2022 Revised 6/13/2024

Adopted by BCLD Board of Trustees on 5/23/2022
Revised 6/13/2024