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HomeMy WebLinkAbout190402a Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. re, BOARD OF COUNTY COMMISSIONERS April 2, 2019 OPEN SESSION AGENDA 08:00 A.M. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Jeffrey A. Cline APPROVAL OF MINUTES – March 26, 2019 08:05 A.M. CLOSED SESSION (To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; to consult with counsel to obtain legal advice on a legal matter; to consult with staff, consultants, or other individuals about pending or potential litigation.) 10:00 A.M. RECONVENE IN OPEN SESSION 10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS 10:15 A.M. REPORTS FROM COUNTY STAFF 10:25 A.M. CITIZENS PARTICIPATION 10:35 A.M. GOVERNOR’S OFFICE FOR CHILDREN FY20 COMMUNITY PARTNERSHIP AGREEMENT PROPOSAL SUBMITTAL – Stephanie Lapole, Senior Grant Manager, Office of Grant Management 10:40 A.M. ADMINISTRATIVE OFFICE OF THE COURTS SECURITY FUNDING – APPROVAL TO ACCEPT GRANT AWARD – Stephanie Lapole, Senior Grant Manager, Office of Grant Management and Kristin Grossnickle, Court Administrator, Circuit Court for Washington County 10:45 A.M. EMERGENCY NUMBERS SYSTEMS BOARD – APPROVAL TO SUBMIT APPLICATION AND ACCEPT AWARDED FUNDING – Allison Hartshorn, Grant Manager, Office of Grant Management and Bardona Woods, Quality Assurance & Training Coordinator, Division of Emergency Services 10:50 A.M. PR-34 LEAVE POLICY REVISION – Deb Peyton, Director, Division of Health & Human Services and Kendall McPeak, Deputy County Attorney 10:55 A.M. PR-36 TOBACCO-FREE CAMPUS POLICY REVISION - Deb Peyton, Director, Division of Health & Human Services and Kendall McPeak, Deputy County Attorney Jeffrey A. Cline, Terry L. Baker, Vice President Krista L. Hart, Clerk Cort F. Meinelschmidt Randall E. Wagner Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. 11:00 A.M. INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-19-0015) – PURCHASE OF ONE (1) COMPACT TRACK LOADER AND ONE (1) COMPACT EXCAVATOR – Rick Curry, CPPO, Director, Purchasing Department and Mark Bradshaw, P.E., Deputy Director, Engineering Services, Division of Environmental Management 11:10 A.M. FY2020 GENERAL FUND BUDGET – Sara Greaves, Chief Financial Officer, and Kim Edlund, Director, Office of Budget and Finance 11:45 A.M. ADJOURNMENT 11:05 A.M.ETHICS ORDINANCE - Board of County Commissioners Open Session Item SUBJECT: Governor’s Office for Children FY20 Community Partnership Agreement Proposal Submittal PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Stephanie Lapole, Senior Grant Manager, Office of Grant Management RECOMMENDED MOTION: Move to approve the submission of the FY20 Community Partnership Agreement proposal to the Governor’s Office for Children requesting $726,447 and accept funding as awarded. REPORT-IN-BRIEF: The Washington County Office of Grant Management, on behalf of and at the direction of the Local Management Board, requests approval to submit a Community Partnership Agreement Proposal to the Governor’s Office for Children for fiscal year 2019 in response to their FY19 Notice of Funding Availability. The proposal requests funding for six (6) programs impacting the well-being of children, youth and families in Washington County as well as support for County administrative expenses. DISCUSSION: The funding requested by the Local Management Board includes the following programmatic strategies and their respective vendors: • Family Centered Support Services (Department of Social Services) - $69,060 • School Based Mental Health Services (Brook Lane Health Services, Inc.) - $211,560 • Disconnected Youth Program Enhancements (Western Maryland Consortium) - $52,687 • Family Strong Program (Potomac Case Management Services, Inc.) - $100,000 • Washington County Reengagement Center for Disconnected Youth (vendor to be determined) - $119,740 • Local Care Team Coordinator (Potomac Case Management Services, Inc.) $52,000 • Office of Grant Management Administration expenses - $121,400 FISCAL IMPACT: The grant will provide up to $121,400 to the Office of Grant Management for the administrative costs of the Local Management Board. CONCURRENCES: The Local Management Board approved the submission of the proposal and recommends the acceptance of this award. ALTERNATIVES: Deny approval of submission and award of requested funding. ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Administrative Office of the Courts Security Funding – Approval to Accept Grant Award PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Stephanie Lapole, Senior Grant Manager, Office of Grant Management and Kristin Grossnickle, Court Administrator, Circuit Court for Washington County RECOMMENDED MOTION: Move to approve the acceptance of grant funds in the amount of $59,650 for Circuit Court security funding. REPORT-IN-BRIEF: Circuit Court submitted an application on December 18, 2018 to the Administrative Office of Courts requesting security funding for the installation of bullet proof barrier in the Land Records portion of the Courthouse. DISCUSSION: The Office of Grant Management has reviewed the grant funding guidelines. There are no unusual conditions or requirements attached to the acceptance of the grant. FISCAL IMPACT: Provides $59,650 for Circuit Court expenses CONCURRENCES: Susan Buchanan, Director, Office of Grant Management ALTERNATIVES: Deny acceptance of funding ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Emergency Numbers Systems Board – Approval to Submit Application and Accept Awarded Funding PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Allison Hartshorn, Grant Manager, Office of Grant Management and Bardona Woods, Quality Assurance & Training Coordinator, Division of Emergency Services RECOMMENDED MOTION: Move to approve the submission of the grant application for the Emergency Numbers Systems Board in the amount of $61,249.53 and accept funding as awarded. REPORT-IN-BRIEF: The Emergency Number Systems Board was established by the Maryland General Assembly to coordinate the implementation, enhancement, maintenance and operation of county or multi-county 911 systems. Washington County Emergency Services is requesting funding for 911 customer premise equipment (CPE) enhancements, maintenance and support for one year to facilitate the county's implementation of Text to 911 services. DISCUSSION: The Office of Grant Management has reviewed the funding request and has determined the request is consistent with the Emergency Number Systems Boards’ purpose. There is no matching funds requirement associated with this funding request. FISCAL IMPACT: Provides $61,249.53 for Division of Emergency Services related expenses which may otherwise be charged to the Emergency Services budget. CONCURRENCES: Susan Buchanan, Director, Office of Grant Management ALTERNATIVES: Deny approval for submission of this request ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: PR-34 Leave Policy Revision PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Deb Peyton, Director, Division of Health & Human Services and Kendall McPeak, Deputy County Attorney RECOMMENDED MOTION: A motion to approve PR-34 Leave Policy as revised. REPORT-IN-BRIEF: The Health & Human Services Department has revised PR-34 Leave policy to extend vacation carryover to 250 hours annually. In addition, the policy was updated in accordance with the Maryland Sick and Safe Leave Act. DISCUSSION: The policy has been updated to reflect the following changes: the carryover of vacation hours has been increased from 200 to 250 hours; employee’s vacation, sick, and personal leave will not be terminated upon an extended illness; and the policy was revised to reflect accrual rates in hours, instead of days. In addition, the following items have been updated in accordance with the Maryland Sick and Safe Leave Act: sick leave accruals payout upon termination; the sick leave benefit for part-time employees; the definitions of a family member; full and part-time employees are now entitled to use up to 40 hours of their accumulated sick leave per calendar year for absences that are necessary due to domestic violence, sexual assault, or stalking against the employee or the employee’s family member. The leave may be used for medical or mental health attention; services from a victim services organization; legal services or proceedings; or temporary relocation. Section VI Abuse of Sick Leave (B) (2) was added to include language regarding, “Any pattern of unsubstantiated tardiness or early departure, not approved in advance;” Administrative Leave of Absence with Pay has been updated to include eight (8) hours of Administrative time annually to work an election event for the Board of Washington County Election Board. FISCAL IMPACT: N/A CONCURRENCES: N/A ALTERNATIVES: None ATTACHMENTS: Current PR-34 Leave Policy and Revised PR-34 Leave Policy AUDIO/VISUAL NEEDS: None Board of County Commissioners of Washington County, Maryland Agenda Report Form POLICY TITLE: Leave POLICY NO.: PR-34 I. PURPOSE This Policy establishes consistent practices County-wide regarding administering employee leave; provides information and sets County policy regarding compliance with federal and State statutes, rules, and regulations; and establishes uniformity in reporting absences. Absences adversely impact employees and their departments. Loss of earnings can be devastating to employees, and loss of productivity to County departments can disrupt the County’s provision of services to its citizens. Therefore, while the County provides a paid leave program to eligible employees as income protection for absences, the administration of the paid leave program is subject to strict requirements and monitoring. II. SCOPE This Policy addresses various types of leave and applies to all full-time (working at least [40] hours per week) personnel employed by the Board of County Commissioners of Washington County. If other leave policies are in place within departments reporting to elected officials, such as the Washington County Sheriff’s Office, the State’s Attorney’s Office, and the Washington County Treasurer’s Office, this Policy is intended to work in conjunction with, and not to supersede, those other leave policies. If this Policy conflicts with any federal, State, and local laws, ordinances, rules, and regulations, then the federal, State, and local laws, ordinances, rules, and regulations will prevail. III. VACATION LEAVE A. The amount of paid vacation leave to which an employee is entitled each year depends on the employee’s length of service with the County. The employee should consult with his or her supervisor each year concerning scheduling vacation leave. Every effort will be made to accommodate employees’ requests for vacation leave. However, the needs of the County and the balancing of work schedules will take precedence over vacation leave requests. If a department head cannot accommodate all employees when two or more employees request overlapping vacation leave periods, the requests will be granted on the basis of seniority within the County. Vacation is a benefit granted to employees by the County and may be denied if the circumstances described here in so warrant. B. Although vacation leave begins to accrue during the first month of employment, vacation leave may not be taken by any employee until six (6) PR-34 Leave Page 2 months of employment have been completed. Employees who terminate prior to the completion of six (6) months of employment are not entitled to vacation pay. However, after six (6) months of employment, an employee will be eligible for vacation leave pay for unused vacation if the employee terminates employment with the County. C. Vacation leave may be taken in increments of one-quarter (¼) hour or more. D. Carryover of vacation leave will run on a calendar year basis from January 1 to December 31. Years of service for purposes of vacation leave accrual are based on an employee’s actual time in full-time County employment, computed from the employee’s anniversary date of hire. Earned vacation leave will accrue as indicated in the following table, according to the anniversary date of hire. Years of Service Rate of Accrual per Pay Period Annual Vacation Leave Entitlement at end of the calendar 0 through 5 3.08 hours 2 weeks 200 hours 6 through 15 4.62 hours 3 weeks 200 hours Over 15 6.16 hours 4 weeks 200 hours E. For an employee who is on extended unpaid leave, the accrual of vacation leave will be suspended until the employee returns to work. IV. PERSONAL LEAVE Employees are entitled to personal leave consisting of six (6) personal days per calendar year. Three (3) days of personal leave are granted on January 1 of each year, and three (3) days of personal leave are granted on July 1 of each year. Personal days must be taken in full day increments with the exception of Emergency Services which has its own policy regarding the use of personal leave. Personal leave cannot be carried over at the end of a calendar year. V. SICK LEAVE A. Sick leave accrues for all eligible employees from the first day of work; however, no sick leave may be taken until completion of three (3) months of employment. Any absence during the first three (3) months of employment due to illness will be unpaid unless the use of any available personal leave is authorized by an employee’s supervisor. B. Sick leave accrues on a bi-weekly basis at the rate of fifteen (15) days per year, and accumulation of sick leave is unlimited. C. For an employee who is on extended unpaid leave, the accrual of sick leave will be suspended until the employee returns to work. PR-34 Leave Page 3 D. Sick leave is paid only for days and hours of regularly scheduled work. If an employee has been approved for use of sick leave under the Family and Medical Leave Act (FMLA), any used sick leave will be counted against and will run consecutively with the approved period of absence allowed under the FMLA.1 E. Upon termination of employment, an employee will be paid Ten Dollars ($10.00) for each accumulated sick day [measured in increments of eight (8) hours] up to a maximum of one hundred thirty (130) days not to exceed $1,300.00. No sick leave payout will be made to any employee who has not completed his or her first three (3) months of employment. F. Any accrued sick leave may be applied to credited service for retirement purposes only. G. If an employee is absent for three (3) or more consecutive work days, the employee must obtain an excuse from a licensed healthcare provider and must provide the excuse to the employee’s supervisor upon return to work. The employee must also provide the Department of Human Resources with a copy of the excuse upon return to work. This requirement also applies to an employee who is absent from work either the day before or the day after a holiday; failure to provide the required excuse will result in the employee not being paid for the holiday. VI. ABUSE OF SICK LEAVE A. Sick leave is intended to be used for bona fide illnesses and for health- related reasons such as doctor appointments. Sick leave is not to be used for vacation, personal business, or leave of absence. B. An employee’s supervisor and department head are jointly responsible for monitoring sick leave usage, notifying an employee of problematic sick leave use, and taking appropriate disciplinary action in cases of substantiated sick leave abuse. Examples of sick leave abuse include, but are not limited to the following: 1. Any pattern of unsubstantiated sick leave use, such as the use of six (6) days in a six (6) month period in increments of one (1) or two (2) days at a time; 2. Habitual sick leave absences on Mondays, Fridays, and the days immediately before and after holidays; 1 See Policy No. PR-15 Family and Medical Leave (FMLA). PR-34 Leave Page 4 3. Use of sick leave in excess of any sick leave accrued, whether substantiated or unsubstantiated, during the first calendar year of employment; 4. Use of sick leave along with other types of leave; 5. Use of sick leave to avoid undesirable scheduling of work; 6. Participation in activities or secondary employment that would indicate fitness for duty while an employee is on sick leave; 7. Engaging in unsubstantiated sick leave use for lengthy illnesses; 8. No significant accumulation of sick leave after at least three (3) to five (5) years of service, without sustaining a major illness during that time period. VII. FAMILY SICK LEAVE A. Employees are entitled to use up to forty (40) hours of their accumulated sick leave per calendar year (January through December) to care for ill family members. A family member includes spouse, eligible dependent, or parent. Family sick leave may also be used for the birth or adoption of a child, for the placement of a child in foster care with an employee, or for the care of any person for whom the employee is financially responsible. B. All family sick leave hours should be coded FAMILY SICK (SFM) on time reporting records. C. Family sick leave is paid only for days and hours of regularly scheduled work. If an employee has been approved for use of family sick leave under the Family and Medical Leave Act (FMLA), any used family sick leave will be counted against and will run consecutively with the approved period of absence allowed under the FMLA.2 D. If an employee is absent for three (3) or more consecutive work days due to care of an ill family member, the employee must obtain an excuse from a licensed healthcare provider and must provide the excuse to the employee’s supervisor upon return to work. The employee must also provide the Department of Human Resources with a copy of the excuse upon return to work. This requirement also applies to an employee who is absent from work either the day before or the day after a holiday; failure to provide the required excuse will result in the employee not being paid for the holiday. 2 See Policy No. PR-15 Family and Medical Leave (FMLA). PR-34 Leave Page 5 E. Use of family sick leave will be counted against an employee’s eligibility for incentives under the County’s Sick Leave Incentive Program (see Section VIII of this Policy). VIII. SICK LEAVE INCENTIVE PROGRAM A. To reward employees who sparingly use sick leave, an incentive of up to $90.00 per day (with a maximum payout of a five [5] days) will be given to each employee whose sick leave usage record during the fiscal payroll period (from the first pay end of the fiscal payroll year to the last pay end of the fiscal payroll year) meets the following eligibility requirements: 1. One (1) day incentive payment not to exceed $90.00 for two (2) days of sick leave used; 2. Two (2) day incentive payment not to exceed $180.00 for one (1) day of sick leave used; 3. Three (3) day incentive payment not to exceed $270.00 for zero (0) days of sick leave used; 4. Four (4) day incentive payment not to exceed $360.00 for three (3) or four (4) consecutive fiscal payroll years with no sick leave usage; 5. Five (5) day incentive payment not to exceed $450.00 for five (5) or more consecutive fiscal payroll years with no sick leave usage. B. For immediately preceding subsections A.4. and A.5., any use of sick leave will constitute a break in consecutive fiscal payroll years; and the employee must work at least three (3) consecutive fiscal payroll years before regaining eligibility for the sick leave incentive. C. Sick leave used due to a work-related injury or to visit a physician at the County’s direction due to a past work-related injury will not adversely affect the calculation of an employee’s eligibility for the sick leave incentive if the employee’s time is properly coded on time records. D. If sick leave is used for additional bereavement leave purposes (see Section XI of this Policy), the use of sick leave for that purpose will not be counted against an employee’s eligibility for the sick leave incentive. E. The incentive at the end of the fiscal payroll year will not be subject to any applicable deduction from accumulated sick leave totals. F. Any sick leave approved under the FMLA will be treated as sick leave for purposes of calculating eligibility for the sick leave incentive. PR-34 Leave Page 6 G. All new employees who are hired during the course of the fiscal payroll year will receive sick leave incentive benefits on a pro rata basis. The County will calculate the benefit due to a new employee by using only that specific period of time that the employee could have actually used sick leave. The following example illustrates the practical application of this subsection VIII.F. A new employee who is hired effective October 1 would have nine (9) full months of County service as of July 1 of the following fiscal payroll year. However, during the first three (3) months of the individual’s employment, sick leave was not usable pursuant to County policy. Assuming no sick leave usage for the full nine (9) months, the employee would not receive nine-twelfths (9/12) of the total sick leave incentive, but would instead receive six-twelfths (6/12) because 6/12 x 3 days equals 1½ days of sick leave incentive pay due, not to exceed $90.00 per day. IX. HOLIDAYS A. Regular full-time employees observe thirteen (13) holidays per calendar year listed below. Yearly holiday schedules are established by the County Administrator prior to the beginning of each new calendar year and distributed to each department. Month Holiday January New Year’s Day Martin Luther King Day February Presidents’ Day March/April Good Friday May Memorial Day July Independence Day September Labor Day November Veterans’ Day Thanksgiving Day Friday after Thanksgiving December Christmas Eve Christmas Day New Year’s Eve PR-34 Leave Page 7 B. Certain County departments have twenty-four (24) hour operations or have schedules requiring work on County holidays. Employees required to work on County holidays will abide by the guidelines established by the County. X. ANNUAL PHYSICAL LEAVE BENEFIT To promote good health and well-being of employees, routine annual physicals are covered under the County’s health care plan, subject to any applicable office visit co-pays and charges for non-covered procedures. All full-time employees will be granted up to two (2) hours per fiscal year (July through June) during normal business hours for an annual physical under the following conditions: A. The physical must be with the employee’s primary care physician; B. The physical must be documented as an annual physical; C. The documentation of the annual physical must be forwarded to the Department of Human Resources; D. No special time reporting is needed because annual physical leave will show on time reporting records as time worked. XI. BEREAVEMENT LEAVE AND PROCEDURE A. A regular full-time employee who experiences the death of an immediate family member may take off up to three (3) working days with pay to attend services and handle related matters. An immediate family member is defined as mother, father, parent-in-law, step-parent, spouse, grandparent, grandchild, child, step-child, brother, sister, step-sibling, foster parent, or foster child as recognized by law, or other close relative residing with the employee. The employee should notify his or her supervisor as soon as possible of the death and plans to take bereavement leave. B. Bereavement leave should be coded as BEREAVEMENT on time reporting records. C. Temporary full- and part-time employees are not eligible for paid bereavement leave. D. If an employee needs more than three (3) days of bereavement leave, the employee may use up to three (3) additional days of any available leave for bereavement purposes. If sick leave is used for additional bereavement leave and is coded BEREAVEMENT SICK on time reporting records, an employee’s use of sick leave for bereavement purposes will not be counted against the employee’s eligibility under the sick leave incentive program (see Section VIII of this Policy). PR-34 Leave Page 8 XII. WORKERS’ COMPENSATION DISABILITY LEAVE A. If an employee suffers a compensable workers’ compensation illness or injury and is unable to work, he or she will receive temporary total disability benefits from the County’s third-party administrator and as provided by Maryland and other applicable law. These benefits are due only if the employee is off work more than three (3) days and will be administered according to applicable State and federal statutes, laws, rules, and regulations. B. An employee’s workers’ compensation disability period will not be deducted from the employee’s accrued vacation, personal, or sick leave balances. In addition, the employee’s regular accruals of benefit time will continue during the period of workers’ compensation disability. However, this workers’ compensation disability period of leave will be calculated toward and will run concurrently with any approved period of absence allowed under the FMLA. C. While an employee is on workers’ compensation disability leave, the County will continue the employee’s health, life, and disability benefits during the leave period at the same level and under the same conditions as if the employee were continuing to work, paying both the employer’s share and the employee’s share of benefit premiums. Upon the employee’s return to work, the employee will repay the County for the amounts paid by the County for the employee’s share of the benefit premiums during the period of workers’ compensation disability leave. The employee’s repayment will be made by the employee’s payment of an additional 25% above the employee’s share of the benefit premium for each pay period until the County is repaid in full. Repayment amounts will be automatically deducted from the employee’s paycheck. Alternatively, the employee may elect to pay the employee’s share of benefit premiums while on workers’ compensation disability leave. D. An employee who is released to duty with medical restrictions may be eligible to participate in the County’s modified duty assignment program on a case-by-case basis.3 XIII. FAMILY AND MEDICAL LEAVE See Policy No. PR-15 Family and Medical Leave (FMLA). XIV. ADMINISTRATIVE LEAVE OF ABSENCE WITH PAY Any approved administrative leave or leave of absence with pay is available only sparingly, on a case-by-case basis, upon the recommendation of the department head and in concurrence with the Director of Health and Human Services and the County Administrator. 3 See Policy No. PR-17 Modified Duty Procedure. PR-34 Leave Page 9 XV. ADMINISTRATIVE LEAVE OF ABSENCE WITHOUT PAY Upon an employee’s exhaustion of available paid leave, department heads and elected officials may, at their discretion, grant up to five (5) days of administrative leave or leave of absence without pay within each fiscal year. The County Administrator will review all requests for administrative leave or leave of absence without pay for more than five (5) days on a case-by-case basis. Such requests must be made in writing through the department head to the County Administrator, specifically stating the reasons for the request and the covered time period. The department head will accompany an employee’s request with a written recommendation for approval or disapproval and state the supporting reasons if disapproval is recommended. The employee may initiate the County’s four (4) step grievance procedure 4 if he or she is dissatisfied with the disapproval. For an employee who is on extended unpaid leave, the accruals of sick and vacation leave will be suspended until the employee returns to work. XVI. SHORT-TERM DISABILITY See Policy No. EB-4 Short-Term Disability. XVII. LONG-TERM DISABILITY The County provides for long-term disability benefits with eligibility determined by the County’s insurance carrier on a case-by-case basis. Employees who require more information regarding long-term disability should contact the Department of Human Resources. XVIII. REPORTING DOCUMENTATION, AND RETURN TO DUTY REQUIREMENTS A. If an employee cannot report to work because of illness, his or her supervisor must be notified as soon as possible. Each department head will develop and post notification requirements specifically applicable to their areas of responsibility. If an employee’s illness of several days’ duration, the employee must keep his or her supervisor informed at regular intervals (no less than weekly) of the state of his or her condition and expected return-to-work date. B. Sick leave taken for three (3) consecutive work days or more must be substantiated by a statement from a licensed healthcare provider on professional letterhead, signed and dated by the provider, indicating the dates or anticipated dates of the employee’s absence, the probable duration of the employee’s illness or condition, and the employee’s fit-for-duty status. 4 The County’s four (4) step grievance procedure is set forth in Washington County’s Employee Handbook. PR-34 Leave Page 10 C. Each department head is responsible for notifying the Department of Human Resources when an employee is absent for three (3) or more consecutive days for the same health-related reason. Each department head is responsible for forwarding medical and disability statements to the Department of Human Resources for inclusion in personnel files. D. The Department of Human Resources will distribute periodic absence utilization reports to department heads, division directors, and the County Administrator. PR-34 Leave Page 11 Policy Actions Action Taken Approval Date Effective Date consolidating and rewriting EB-3 Holidays (last revised 1/22/03), EB-8 Personal Days (adopted and effective 7/1/87, revised 1/22/03), EB-9 Employee Sick Leave Incentive (adopted and effective 7/1/85, revised 1/22/03), and EB-13 Annual Physical (adopted and POLICY TITLE: Leave POLICY NO.: PR-34 I. PURPOSE This Policy establishes consistent practices County-wide regarding administering employee leave; provides information and sets County policy regarding compliance with Federal and State statutes, rules, and regulations; and establishes uniformity in reporting absences. Absences adversely impact employees and their departments. Loss of earnings can be devastating to employees, and loss of productivity to County departments can disrupt the County’s provision of services to its citizens. Therefore, while the County provides a paid leave program to eligible employees as income protection for absences, the administration of the paid leave program is subject to strict requirements and monitoring. II. SCOPE This Policy addresses various types of leave and applies to all regular full-time (working at least [40] hours per week) and part-time personnel employed by the Board of County Commissioners of Washington County. If other leave policies are in place within departments reporting to elected officials, such as the Washington County Sheriff’s Office, the State’s Attorney’s Office, and the Washington County Treasurer’s Office, this Policy is intended to work in conjunction with, and not to supersede, those other leave policies. If this Policy conflicts with any Federal, State, and local laws, ordinances, rules, and regulations, then the Federal, State, and local laws, ordinances, rules, and regulations will prevail. III. VACATION LEAVE A. All regular full-time employees are eligible for vacation time. B. The amount of paid vacation leave to which an employee is entitled each year depends on the employee’s length of service with the County. The employee should consult with his or her supervisor each year concerning scheduling vacation leave. Every effort will be made to accommodate employees’ requests for vacation leave. However, the needs of the County and the balancing of work schedules will take precedence over vacation leave requests. If a department head cannot accommodate all employees when two or more employees request overlapping vacation leave periods, the requests will be granted on the basis of seniority within the County. Vacation is a benefit granted to employees by the County and may be denied if the circumstances described herein so warrant. Deleted: Deleted: Deleted: Deleted: PR-34 Leave Page 2 C. Although vacation leave begins to accrue during the first month of employment, vacation leave may not be taken by any employee until six (6) months of employment have been completed. Employees who terminate prior to the completion of six (6) months of employment are not entitled to vacation leave pay for unused vacation. However, after six (6) months of employment, an employee will be eligible for vacation leave pay for unused vacation if the employee terminates employment with the County. D. Vacation leave may be taken in increments of one-quarter (¼) hour or more. E. Carryover of vacation leave will run on a calendar year basis from January 1 to December 31. Years of service for purposes of vacation leave accrual are based on an employee’s actual time in full-time County employment, computed from the employee’s anniversary date of hire. Earned vacation leave will accrue as indicated in the following table, according to the anniversary date of hire. Years of Service Rate of Accrual per Pay Period Annual Vacation Leave Entitlement at end of the calendar 0 through 5 3.08 hours 80 hours 250 hours 6 through 15 4.62 hours 120 hours 250 hours Over 15 6.16 hours 160 hours 250 hours IV. PERSONAL LEAVE Regular full-time employees are entitled to personal leave consisting of six (6) personal days per calendar year. Three (3) days of personal leave are granted on January 1 of each year, and three (3) days of personal leave are granted on July 1 of each year. Personal days must be taken in full day increments with the exception of Emergency Services which has its own policy regarding the use of personal leave. Personal leave cannot be carried over at the end of a calendar year. V. SICK LEAVE A. Regular full-time and regular part-time employees are eligible for sick leave. Sick leave accrues for all eligible employees from the first day of work; however, no sick leave may be taken until completion of three (3) months of employment. Any absence during the first three (3) months of employment due to illness will be unpaid unless the use of any available personal leave is authorized by an employee’s supervisor. B. Sick leave for regular full-time employees accrues at 120 hours per year (4.62 hours bi-weekly). Accumulation of sick leave is unlimited. C. Sick leave for part-time employees accrues on the basis of one (1) hour for every 30 hours worked. Employees are permitted to carry over 24 hours Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: accrual of vacation leave will be suspended until the employee Deleted: Deleted: Deleted: Deleted: fifteen (15) days per year, and accumulation of sick leave is Deleted: Formatted: List Paragraph, Left, No bullets or numbering PR-34 Leave Page 3 each year; not to exceed 64 hours. D. Sick leave is paid only for days and hours of regularly scheduled work. If an employee has been approved for use of sick leave under the Family and Medical Leave Act (FMLA), any used sick leave will be counted against and will run consecutively with the approved period of absence allowed under the FMLA.1 E. Upon termination of employment, if the employee has not used any Sick Family Medical (SFM) or Earned Sick and Safe Leave (ESS), the employee will receive payment at the regular rate of pay for up to 40 hours. If the SFM and ESS does not equal $1300, then the employee will be paid at a rate of $10.00 per eight (8) hour increments; not to exceed $1300 or 1040 hours No sick leave payout will be made to any employee who has not completed his or her first three (3) months of employment. F. All accrued sick leave willbe applied to credited service for retirement purposes. G. If an employee is absent for three (3) or more consecutive work days, the employee must obtain an excuse from a licensed healthcare provider and must provide the excuse to the employee’s supervisor upon return to work. The employee must also provide the Department of Human Resources with a copy of the excuse upon return to work. This requirement also applies to an employee who is absent from work either the day before or the day after a holiday. Failure to provide the required excuse will result in the employee not being paid for the holiday. VI. ABUSE OF SICK LEAVE A. Sick leave is intended to be used for bona fide illnesses and for health- related reasons such as doctor appointments. Sick leave is not to be used for vacation, personal business, or leave of absence. B. An employee’s supervisor and department head are jointly responsible for monitoring sick leave usage, notifying an employee of problematic sick leave use, and taking appropriate disciplinary action in cases of substantiated sick leave abuse. Examples of sick leave abuse include, but are not limited to, the following: 1. Any pattern of unsubstantiated sick leave use, such as the use of six (6) days in a six (6) month period in increments of one (1) or two (2) days at a time; 1 See Policy No. PR-15 Family and Medical Leave (FMLA). Deleted: For an employee who is on extended unpaid leave, the accrual of Deleted: accumulated sick day [measured in increments of eight (8) hours] up to a maximum of one hundred thirty (130) days not to exceed Deleted: Deleted: Deleted: pay for any unused sick leave up to and inclusive of forty() Any Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Formatted: No bullets or numbering Deleted: ¶ Formatted: Indent: Left: 1.5", No bullets or numbering PR-34 Leave Page 4 2. Any pattern of unsubstantiated tardiness or early departure, not approved in advance; 3. Habitual sick leave absences on Mondays, Fridays, and the days immediately before and after holidays; 4. Use of sick leave in excess of any sick leave accrued, whether substantiated or unsubstantiated, during the first calendar year of employment; 5. Use of sick leave along with other types of leave; 6. Use of sick leave to avoid undesirable scheduling of work; 7. Participation in activities or secondary employment that would indicate fitness for duty while an employee is on sick leave; 8. Engaging in unsubstantiated sick leave use for lengthy illnesses; 9. No significant accumulation of sick leave after at least three (3) to five (5) years of service, without sustaining a major illness during that time period. VII. FAMILY SICK LEAVE A. Employees are entitled to use up to forty (40) hours of their accumulated sick leave per calendar year to care for ill family members. A family member includes spouse, biological child; an employee’s adopted child, foster child, or stepchild;, a child for whom an employee has legal or physical custody or guardianship; a child for whom the employee stands in loco parentis; an employee’s biological parent, adoptive parent, foster parent, or stepparent or an employee’s spouse; an individual who acted as a parent or stood in loco parentis to the employee or the employee’s spouse when the employee or the employee’s spouse was a minor; an employee’s legal guardian, biological grandparent, adopted grandparent, foster grandparent, or step-grandparent; an employee’s biological grandchild, adopted grandchild, foster grandchild, or step-grandchild; an employee’s biological sibling, adopted sibling, foster sibling, or step-sibling; and an employee’s parent-in-law. Family sick leave may also be used for the birth or adoption of a child, for the placement of a child in foster care with an employee, or for the care of any person for whom the employee is financially responsible. B. Employees are entitled to use up to forty (40) hours of their accumulated sick leave per calendar year for absences that are necessary due to domestic violence, sexual assault, or stalking against the employee or the employee’s family member if the leave is to obtain any of the following: 1. Medical or mental health attention; Formatted: Left Deleted: ¶ ¶ Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Formatted: Font: Italic Deleted: , Deleted: an Deleted: a Deleted: a Deleted: of the employee Deleted: the Deleted: , Formatted: Font: Italic Deleted: of the employee Deleted: a Deleted: an Deleted: a Deleted: a Deleted: of the employee Deleted: a Deleted: an Deleted: a Deleted: a Deleted: or the employee Deleted: or Deleted: a Deleted: an Deleted: a Deleted: a Deleted: of the employee Deleted: , Deleted: or parent Formatted: No bullets or numbering Deleted: (January through December) Formatted: No bullets or numbering Formatted ... PR-34 Leave Page 5 2. Services from a victim services organization; 3. Legal services or proceedings; 4. Temporary relocation; C. All family sick leave hours should be coded FAMILY SICK (SFM) on time reporting records. D. All part-time employees’ use of family sick hours should be coded FAMILY SICK (ESS) on time reporting records. E. Family sick leave is paid only for days and hours of regularly scheduled work. If an employee has been approved for use of family sick leave under the Family and Medical Leave Act (FMLA), any used family sick leave will be counted against and will run consecutively with the approved period of absence allowed under the FMLA.2 F. If an employee is absent for three (3) or more consecutive work days due to care of an ill family member, the employee must obtain an excuse from a licensed healthcare provider and must provide the excuse to the employee’s supervisor upon return to work. The employee must also provide the Department of Human Resources with a copy of the excuse upon return to work. This requirement also applies to an employee who is absent from work either the day before or the day after a holiday; failure to provide the required excuse will result in the employee not being paid for the holiday. G. Use of family sick leave will be counted against an employee’s eligibility for incentives under the County’s Sick Leave Incentive Program (see Section VIII of this Policy). VIII. SICK LEAVE INCENTIVE PROGRAM A. To reward employees who sparingly use sick leave, an incentive of up to $90.00 per day (with a maximum payout of five [5] days) will be given to each employee whose sick leave usage record during the fiscal payroll period (from the first pay end of the fiscal payroll year to the last pay end of the fiscal payroll year) meets the following eligibility requirements: 1. One (1) day incentive payment not to exceed $90.00 for two (2) days of sick leave used; 2. Two (2) day incentive payment not to exceed $180.00 for one (1) day of sick leave used; 3. Three (3) day incentive payment not to exceed $270.00 for zero (0) days of sick leave used; 2 See Policy No. PR-15 Family and Medical Leave (FMLA). Formatted: Indent: Left: 1.75", No bullets or numbering Formatted: No bullets or numbering Deleted: to Deleted: ¶ ¶ Deleted: a PR-34 Leave Page 6 4. Four (4) day incentive payment not to exceed $360.00 for three (3) or four (4) consecutive fiscal payroll years with no sick leave usage; 5. Five (5) day incentive payment not to exceed $450.00 for five (5) or more consecutive fiscal payroll years with no sick leave usage. B. For immediately preceding subsections A.4. and A.5., any use of sick leave will constitute a break in consecutive fiscal payroll years; and the employee must work at least three (3) consecutive fiscal payroll years before regaining eligibility for the sick leave incentive. C. Sick leave used due to a work-related injury or to visit a physician at the County’s direction due to a past work-related injury will not adversely affect the calculation of an employee’s eligibility for the sick leave incentive if the employee’s time is properly coded on time records. D. If sick leave is used for additional bereavement leave purposes (see Section XI of this Policy), the use of sick leave for that purpose will not be counted against an employee’s eligibility for the sick leave incentive. E. The incentive at the end of the fiscal payroll year will not be subject to any applicable deduction from accumulated sick leave totals. F. Any sick leave approved under the FMLA will be treated as sick leave for purposes of calculating eligibility for the sick leave incentive. G. All new employees who are hired during the course of the fiscal payroll year will receive sick leave incentive benefits on a pro rata basis. The County will calculate the benefit due to a new employee by using only that specific period of time that the employee could have actually used sick leave. The following example illustrates the practical application of this subsection VIII.`G. A new employee who is hired effective October 1 would have nine (9) full months of County service as of July 1 of the following fiscal payroll year. However, during the first three (3) months of the individual’s employment, sick leave was not usable pursuant to County policy. Assuming no sick leave usage for the full nine (9) months, the employee would not receive nine-twelfths (9/12) of the total sick leave incentive, but would instead receive six-twelfths (6/12) because 6/12 x 3 days equals 1½ days of sick leave incentive pay due, not to exceed $90.00 per day. IX. HOLIDAYS A. Regular full-time employees observe thirteen (13) holidays per calendar year listed below. Yearly holiday schedules are established by the County Administrator prior to the beginning of each new calendar year and Deleted: Deleted: PR-34 Leave Page 7 distributed to each department. Month Holiday January New Year’s Day Martin Luther King Day February Presidents’ Day March/April Good Friday May Memorial Day July Independence Day September Labor Day November Veterans’ Day Thanksgiving Day Friday after Thanksgiving December Christmas Eve Christmas Day New Year’s Eve B. Certain County departments have twenty-four (24) hour operations or have schedules requiring work on County holidays. Employees required to work on County holidays will abide by the guidelines established by the County. X. ANNUAL PHYSICAL LEAVE BENEFIT To promote good health and well-being of employees, routine annual physicals are covered under the County’s health care plan, subject to any applicable office visit co-pays and charges for non-covered procedures. All full-time employees will be granted up to two (2) hours per fiscal year (July through June) during normal business hours for an annual physical under the following conditions: A. The physical must be with the employee’s primary care physician; B. The physical must be documented as an annual physical; C. The documentation of the annual physical must be forwarded to the Department of Human Resources; D. No special time reporting is needed because annual physical leave will show on time reporting records as time worked. XI. BEREAVEMENT LEAVE AND PROCEDURE Deleted: PR-34 Leave Page 8 A. A regular full-time employee who experiences the death of an immediate family member may take off up to three (3) working days with pay to attend services and handle related matters. An immediate family member is defined as mother, father, parent-in-law, step-parent, spouse, grandparent, grandchild, child, step-child, brother, sister, step-sibling, foster parent, or foster child as recognized by law, or other persons residing with the employee. The employee should notify his or her supervisor as soon as possible of the death and plans to take bereavement leave. B. Bereavement leave should be coded as BEREAVEMENT on time reporting records. C. Temporary full-time and part-time employees are not eligible for paid bereavement leave. D. If an employee needs more than three (3) days of bereavement leave, the employee may use up to three (3) additional days of any available leave for bereavement purposes. If sick leave is used for additional bereavement leave and is coded BEREAVEMENT SICK on time reporting records, an employee’s use of sick leave for bereavement purposes will not be counted against the employee’s eligibility under the sick leave incentive program (see Section VIII of this Policy). XII. WORKERS’ COMPENSATION DISABILITY LEAVE A. If an employee suffers a compensable workers’ compensation illness or injury and is unable to work, he or she will receive temporary total disability benefits from the County’s third-party administrator and as provided by Maryland and other applicable law. These benefits are due only if the employee is off work more than three (3) days and will be administered according to applicable State and federal statutes, laws, rules, and regulations. B. An employee’s workers’ compensation disability period will not be deducted from the employee’s accrued vacation, personal, or sick leave balances. In addition, the employee’s regular accruals of benefit time will continue during the period of workers’ compensation disability leave. However, this workers’ compensation disability period of leave will be calculated toward and will run concurrently with any approved period of absence allowed under the FMLA. C. While an employee is on workers’ compensation disability leave, the County will continue the employee’s health, life, and disability benefits during the leave period at the same level and under the same conditions as if the employee were continuing to work, paying both the employer’s share and the employee’s share of benefit premiums. Upon the employee’s return to work, the employee will repay the County for the amounts paid by the Deleted: Deleted: Deleted: PR-34 Leave Page 9 County for the employee’s share of the benefit premiums during the period of workers’ compensation disability leave. The employee’s repayment will be made by the employee’s payment of an additional 25% above the employee’s share of the benefit premium for each pay period until the County is repaid in full. Repayment amounts will be automatically deducted from the employee’s paycheck. Alternatively, the employee may elect to pay the employee’s share of benefit premiums while on workers’ compensation disability leave. D. An employee who is released to duty with medical restrictions may be eligible to participate in the County’s modified duty assignment program on a case-by-case basis.3 XIII. FAMILY AND MEDICAL LEAVE See Policy No. PR-15 Family and Medical Leave (FMLA). XIV. ADMINISTRATIVE LEAVE OF ABSENCE WITH PAY Any approved administrative leave or leave of absence with pay is available only sparingly, on a case-by-case basis, upon the recommendation of the department head and in concurrence with the Director of Health and Human Services and the County Administrator. Exception: On an annual basis, employees who lives in Washington County, Maryland, and are a registered voter of Maryland may be granted eight (8) hours of administrative leave, upon request and approval, to volunteer as election worker at Washington County polling places. Consideration should be given to the operations of the department when considering this benefit. XV. ADMINISTRATIVE LEAVE OF ABSENCE WITHOUT PAY Upon an employee’s exhaustion of available paid leave, department heads and elected officials may, at their discretion, grant up to five (5) days of administrative leave or leave of absence without pay within each fiscal year. The County Administrator will review all requests for administrative leave or leave of absence without pay for more than five (5) days on a case-by-case basis. Such requests must be made in writing through the department head to the County Administrator, specifically stating the reasons for the request and the covered time period. The department head will accompany an employee’s request with a written recommendation for approval or disapproval and state the supporting reasons if disapproval is recommended. The employee may initiate a grievance under the County’s grievance procedure4 if he or she is dissatisfied with the disapproval. For 3 See Policy No. PR-17 Modified Duty Procedure. 4 . Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: PR-34 Leave Page 10 an employee who is on extended unpaid leave, the accruals of sick and vacation leave will be suspended until the employee returns to work. XVI. SHORT-TERM DISABILITY See Policy No. EB-4 Short-Term Disability. XVII. LONG-TERM DISABILITY The County provides for long-term disability benefits with eligibility determined by the County’s insurance carrier on a case-by-case basis. Employees who require more information regarding long-term disability should contact the Department of Human Resources. XVIII. REPORTING DOCUMENTATION, AND RETURN TO DUTY REQUIREMENTS A. If an employee cannot report to work because of illness, his or her supervisor must be notified as soon as possible. Each department head will develop and post notification requirements specifically applicable to their areas of responsibility. If an employee experiences an extended illness of several days’ duration, the employee must keep his or her supervisor informed at regular intervals (no less than weekly) of the state of his or her condition and expected return-to-work date. B. Sick leave taken for three (3) consecutive work days or more must be substantiated by a statement from a licensed healthcare provider on professional letterhead, signed and dated by the provider, indicating the dates or anticipated dates of the employee’s absence, the probable duration of the employee’s illness or condition, and the employee’s fit-for-duty status. C. Each department head is responsible for notifying the Department of Human Resources when an employee is absent for three (3) or more consecutive days for the same health-related reason. Each department head is responsible for forwarding medical and disability statements to the Department of Human Resources for inclusion in personnel files. D. The Department of Human Resources will distribute periodic absence utilization reports to department heads, division directors, and the County Administrator. Deleted: Deleted: PR-34 Leave Page 11 Policy Actions Action Taken Approval Date Effective Date consolidating and rewriting EB-3 Holidays (last revised 1/22/03), EB-8 Personal Days (adopted and effective 7/1/87, revised 1/22/03), EB-9 Employee Sick Leave Incentive (adopted and effective 7/1/85, revised 1/22/03), and EB-13 Annual Physical (adopted and Open Session Item SUBJECT: PR-36 – Tobacco-Free Campus Policy Revision PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Deb Peyton, Director, Division of Health & Human Services and Andrew Eshleman, Director, Public Works RECOMMENDED MOTION: A motion to approve PR-36 Tobacco-Free Campus revisions. REPORT-IN-BRIEF: The Health & Human Services Department has revised PR-36 Tobacco-Free Campus policy to better define the County Departments and/or facilities which are currently excluded from this policy. DISCUSSION: Section IV. Procedures (B) has been updated to stated, “With the exception of Black Rock Golf Course where tobacco use is permitted outdoors only, the Washington County Agricultural Center where tobacco use is permitted outdoors only in rental areas during scheduled events…” FISCAL IMPACT: N/A CONCURRENCES: County Administrator and County Attorney ALTERNATIVES: None ATTACHMENTS: Current PR-36 Tobacco-Free Campus; Revised PR-36 Tobacco-Free Campus AUDIO/VISUAL NEEDS: None Board of County Commissioners of Washington County, Maryland Agenda Report Form POLICY TITLE: Tobacco Free Campus POLICY NO.: PR-36 I. PURPOSE The purpose of this Policy is to establish and maintain the safest possible environment for Washington County’s employees and citizens, to minimize adverse effects of tobacco to employees, visitors, volunteers, and citizens; to reduce the risk of fire; to promote health and wellness; to serve as a community role model; to enhance employee productivity; and to reduce healthcare costs. II. GENERAL POLICY No employee, volunteer, or visitor may use any form of tobacco product on property that is owned, leased, occupied, or operated by Washington County, except in areas designated for tobacco use pursuant to this Policy. III. APPLICABILITY This Policy applies to all employees, volunteers, and visitors while at, on, or in property that is owned, leased, occupied, or operated by Washington County, including County vehicles. IV. PROCEDURE A. Washington County is tobacco-free. This Policy applies to all forms of tobacco products including cigarettes, electronic cigarettes, cigars, pipes, herbal tobacco products, snuff, and chewing tobacco, the use of which is prohibited at, on, or in property owned, leased, occupied, or operated by Washington County, unless otherwise accepted by this Policy. B. With the exception of Black Rock Golf Course, the Washington County Agricultural Center, and the Washington County Transit Transfer Center, tobacco use is prohibited at, on, or in all campuses, facilities, and properties owned, leased, occupied, or operated by Washington County, or used for County government functions, including, but not limited to, buildings, parking lots, parks, recreation areas. Tobacco use is also prohibited in all vehicles which are owned, leased or operated by Washington County.1 Additionally, County employees are prohibited from using tobacco products on private property if they are on private property for County business purposes. 1 See Policy No. PR-25 Use of Official Cars and Equipment for guidelines on permitted uses of County vehicles. PR-36 Tobacco Free Campus Page 2 C. Notice of this Policy will be given to employees in writing with formal and informal reminders as necessary for implementation and enforcement. Additional notice of this Policy will be given by the posting of signage at each campus, facility, or property subject to this Policy. D. New employees will be made aware of this Policy at orientation for new hires. E. Supervisors are responsible for managing the implementation and enforcement of this Policy within their respective work areas. Employees violating this Policy will be subject to progressive disciplinary action. Volunteers and visitors will be asked to cease the activity causing the violation and/or leave the property. F. Washington County understands that it is not easy to overcome a reliance on nicotine and is willing to assist in this undertaking. A variety of smoking cessation resources are and will be offered to employees. Employees interested in such resources are encouraged to contact the Department of Health and Human Services for more information. PR-36 Tobacco Free Campus Page 3 Policy Actions Action Taken Approval Date Effective Date POLICY TITLE: Tobacco Free Campus POLICY NO.: PR-36 I. PURPOSE The purpose of this Policy is to establish and maintain the safest possible environment for Washington County’s employees and citizens, to minimize adverse effects of tobacco to employees, visitors, volunteers, and citizens; to reduce the risk of fire; to promote health and wellness; to serve as a community role model; to enhance employee productivity; and to reduce healthcare costs. II. GENERAL POLICY No employee, volunteer, or visitor may use any form of tobacco product on property that is owned, leased, occupied, or operated by Washington County, except in areas designated for tobacco use pursuant to this Policy. III. APPLICABILITY This Policy applies to all employees, volunteers, and visitors while at, on, or in property that is owned, leased, occupied, or operated by Washington County, including County vehicles. IV. PROCEDURE A. Washington County is tobacco-free. This Policy applies to all forms of tobacco products including cigarettes, electronic cigarettes, cigars, pipes, herbal tobacco products, snuff, and chewing tobacco, the use of which is prohibited at, on, or in property owned, leased, occupied, or operated by Washington County, unless otherwise accepted by this Policy. B. With the exception of Black Rock Golf Course which permit tobacco use outside only, the Washington County Agricultural Center, permits tobacco use outside in rental areas during scheduled events, and the Washington County Transit Transfer Center, tobacco use is prohibited at, on, or in all campuses, facilities, and properties owned, leased, occupied, or operated by Washington County, or used for County government functions, including, but not limited to, buildings, parking lots, parks, recreation areas. Tobacco use is also prohibited in all vehicles which are owned, leased or operated by Washington County.1 Additionally, County employees are prohibited from using tobacco products on private property if they are on private property for County business purposes. 1 See Policy No. PR-25 Use of Official Cars and Equipment for guidelines on permitted uses of County vehicles. PR-36 Tobacco Free Campus Page 2 C. Notice of this Policy will be given to employees in writing with formal and informal reminders as necessary for implementation and enforcement. Additional notice of this Policy will be given by the posting of signage at each campus, facility, or property subject to this Policy. D. New employees will be made aware of this Policy at orientation for new hires. E. Supervisors are responsible for managing the implementation and enforcement of this Policy within their respective work areas. Employees violating this Policy will be subject to progressive disciplinary action. Volunteers and visitors will be asked to cease the activity causing the violation and/or leave the property. F. Washington County understands that it is not easy to overcome a reliance on nicotine and is willing to assist in this undertaking. A variety of smoking cessation resources are and will be offered to employees. Employees interested in such resources are encouraged to contact the Division of Health and Human Services for more information. Deleted: PR-36 Tobacco Free Campus Page 3 Policy Actions Action Taken Approval Date Effective Date Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INTG-19-0015) - Purchase of One (1) Compact Track Loader and One (1) Compact Excavator PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Rick Curry, CPPO, Director, Purchasing Department and Mark Bradshaw, P. E., Deputy Director, Engineering Services, Division of Environmental Management RECOMMENDED MOTION: To authorize by Resolution, the Department of Water Quality to purchase one (1) John Deere 331G Compact Track Loader, at a cost of $65,037.59 and one (1) John Deere 85G Compact Excavator, at a cost of $101,658.72 from Jesco, Inc. of South Plainfield, NJ and to utilize another jurisdiction’s contract (#032515-JDC) that was awarded by Sourcewell (formerly National Joint Powers Alliance) to John Deere. REPORT-IN-BRIEF: The compact excavator will allow the department to work in confined (tight) areas where a conventional rubber tire backhoe would have limited accessibility. In the past, when the department needed to excavate in a confined area, they would have to schedule the work based on availability of renting a compact excavator. The compact track loader is a versatile piece of equipment, which will be used to load dump trucks, transport material between the dig site and the roadway, used in grading disturbed areas and snow removal. The compact excavator and compact track loader will replace four (4) existing pieces of equipment; a 1986 Case 580E rubber tire backhoe, 1998 Case 688 track excavator, 1998 Case 580K rubber tire backhoe, and a 1998 Case W11B rubber tire front-end loader. The existing equipment will be auction/sold on GovDeals. The Code of the Public Laws of Washington County, Maryland (the Code) §1-106.3 provides that the Board of County Commissioners may procure goods and services through a contract entered into by another governmental entity, in accordance with the terms of the contract, regardless of whether the County was a party to the original contract. If the Board of County Commissioners determines that participation by Washington County would result in cost benefits or administrative efficiencies, it could approve the purchase of the equipment in accordance with the Code referenced above by resolving that participation would result in cost benefits or in administrative efficiencies. The County will benefit with direct cost savings in the purchase of the equipment because of the economies of scale this large buying group Sourcewell has leveraged. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in Capital Improvement Plan (CIP) account 32-42010- VEH010. CONCURRENCES: Dan DiVito, Director, Division of Environmental Management Board of County Commissioners of Washington County, Maryland Agenda Report Form ALTERNATIVES: Do not award the purchase of the equipment. ATTACHMENTS: Jesco, Inc. price quote dated March 25, 2019. AUDIO/VISUAL NEEDS: N/A Code Qty Unit Price 0BE0T 1 72,011.00$ 0800 1 IN BASE 1301 1 3,579.00$ 6500 1 IN BASE 5204 1 4,473.00$ 6001 1 IN BASE 4001 1 212.00$ 0950 1 IN BASE 3002 1 1,830.00$ 2650 1 477.00$ 1501 1 IN BASE 5500 1 IN BASE 5000 1 724.00$ 8380 1 144.00$ 8300 1 349.00$ 8305 1 349.00$ 8370 1 486.00$ 8042 1 850.00$ 9062 1 1,593.00$ 87,077.00$ 33.00%(28,735.41)$ 58,341.59$ Code Qty Price 001 1 2,031.00$ 002 1 500.00$ 003 1 2,000.00$ 004 1 750.00$ 5,281.00$ Class Qty Price 005 1 1,415.00$ 1,415.00$ Trade-In: Please note that this quote is valid for 30 days, all price are on a per machine basis WARRANTY: POWERTRAIN & HYDRAULICS COVERAGE FOR 60 MONTHS OR 5000 HOURS, WHICHEVER OCCURS FIRST. Quoted under Sourcewell Contract 032515-JDC Purchase Orders must be made out to: Jesco Inc, 118 St Nicholas Ave, South Plainfield, NJ 60 MONTH MUNICIPAL LEASE PAYMENTS IN ARREARS: $15,399.38 WARRANTY: 60 MONTHS / 5000 HOURS POWERTRAIN & HYDRAULICS Net Price FREIGHT TO CUSTOMER PREDELIVERY FREIGHT FROM FACTORY Total Total Net Price (Quantity = 1)65,037.59$ Total 84" HD CONSTRUCTION BUCKET W/ EDGE HD REAR GRILLE SECOND COUNTERWEIGHT SET SINGLE COUNTERWEIGHT SET ENGLISH OPERATOR'S MANUAL & DECALS WIDE ZIG-ZAG BAR TRACKS - 17.7" STANDARD FAN DRIVE ENGINE - TURBOCHARGED STANDARD COMPACT TRACK LOADER HIGH FLOW HYDRAULICS E-H JOYSTICK CONTROLS 2" SEAT BELT W/ SHOULDER HARNESS MECHANICAL SUSPENSION SEAT Date:3/26/2019PREPARED FOR:WASHINGTON COUNTY CAB ENCLOSED W/ HEAT, DEFROST, & A/C 48" FORKS FOOTREST W/ FLOORMAT POWER QUIK-TATCH STANDARD LIGHTING PACKAGE REAR VIEW CAMERA Code Qty Unit Price 0081FF 1 133,087.00$ 3265 1 IN BASE 7060 1 6,724.00$ 139,811.00$ 34.00%(47,535.74)$ 92,275.26$ Code Qty Price 001 3,405.00$ 002 500.00$ 003 3,000.00$ 004 1,000.00$ 7,905.00$ Class Qty Price 005 1 1,478.46$ 1,478.46$ Trade-In: Please note that this quote is valid for 30 days, all price are on a per machine basis WARRANTY: POWERTRAIN & HYDRAULICS COVERAGE FOR 60 MONTHS OR 5000 HOURS, WHICHEVER OCCURS FIRST. MUNICIPAL LEASE APPROXIMATE ANNUAL PAYMENTS: $23,386.43 $1 BUYOUT Quoted under Sourcewell Contract 032515-JDC Puchase Orders must be made out to: Jesco Inc, 118 St Nicholas Ave, South Plainfield, NJ CRAWLER RUBBER PAD - 450MM 18" 6'11" ARM W/ BUCKET CYLINDER PREDELIVERY Net Price WARRANTY: POWERTRAIN & HYDRAULICS 72 MONTHS / 6000 HOURS Date:3/26/2019PREPARED FOR:WASHINGTON COUNTY WATER FREIGHT TO CUSTOMER FREIGHT FROM FACTORY Total Total Net Price (Quantity = 1)101,658.72$ Total 36" BUCKET Open Session Item SUBJECT: Ethics Ordinance PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Board of County Commissioners RECOMMENDED MOTION: N/A REPORT-IN-BRIEF: During the Board’s regular meeting on March 19, 2019, the Board reached consensus to bring forward an agenda item for discussion regarding the Ethics Ordinance and related matters. DISCUSSION: The Ethics Ordinance is currently under review by the Board and the Washington County Ethics Commission to address changes that must be adopted for local government compliance with the requirements of Subtitle 8 of the Maryland Public Ethics Law or COMAR 19A.04. The Board may wish to make additional changes prior to the submission of the Ethics Ordinance for review and approval by the Maryland State Ethics Commission. The Board’s discussion of this agenda item will give direction to the Washington County Ethics Commission and County staff to address these matters on or before the Washington County Ethics Commission’s next scheduled meeting on May 9, 2019. FISCAL IMPACT: N/A CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: FY2020 General Fund Budget PRESENTATION DATE: April 2, 2019 PRESENTATION BY: Sara Greaves, Chief Financial Officer and Kim Edlund, Director, Office of Budget & Finance RECOMMENDED MOTION: None REPORT-IN-BRIEF: Discussion related to revenues and expenditures for the FY2020 budget. DISCUSSION: The FY2020 budget includes revenues in the amount of $228.6 million, a decrease from FY19 budget of $1.1M. Revenue estimates were based on FY19 projections and average increases over the last three years. A 5-step approach to be taken includes: Step 1 – Start with FY2019 budget Step 2 – Fund Mandates Step 3 – Major Safety Requests Step 4 – Employee wage Step 5 – Department or external agency requests FISCAL IMPACT: $228,584,630 CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: PowerPoint AUDIO/VISUAL NEEDS: PowerPoint Board of County Commissioners of Washington County, Maryland Agenda Report Form FY2020 General Fund Budget Draft 2 FY2020 General Fund Budget $228,584,630 •Major Revenue Changes (budget 2019 to budget 2020) •Income Tax –($1.3M) •Real Estate Tax -$2.25M •Interest Income -$500K •Speed Camera Revenue –($2.5M) ($1,054,680) FY2020 General Fund Budget $228,584,630 •Major Expense Changes (budget 2019 to budget 2020) •Capital Appropriation –($4.2M) •Other dept Appropriations –($600K) •Liability Insurance cost –($200K) •Fleet, Prop & casualty, Public & Gen •Pension –($1M) –Related to upcoming agenda item 4/16/19 •Savings from FY18/19 turnover –($250K) •FY2020 DROP participants –($300K) •Vacant positions not filling –($350K) •Department operating reductions –($160K) $7,060,000 Funding through Current Capital Projects •VEH008 –Savings from vehicle purchases will provide for Patrol software $62K •General Fund contingency will provide for VFRA lighting upgrades $124K Expense changes were used to provide for mandates, safety, and reduced and delayed step Mandates - $4.5M Safety - $1.8M Mid year 2.5% Step - $700K Mandates -$4.5 Million •Maintenance of Effort -$2 M •Debt Service -$750K •Health Insurance -$500K •Contracts -$390K* •Software -$175K •* -Includes maint cont svcs, inmate medical, inmate food •**-Directly related to new judge •Utility increases -$78K •Fuel Increases -$60K •Election Board -$287K •Speed Camera Fees -$50K •Circuit Court positions -$124K** •Commitment to SR Center Reno -$90 Major Safety Related Requests –$1.8M •Fire -$0.4M •EMS -$1M •Accounting for Fire and EMS -$100K •Additional School Resource Officer funding assistance •FF Turnout gear -$163K •Bullet Proof Vests -$30K •Tasers -$30K •Ballistic Vests -$10K •Detention Software -$65K Step 4 –Employee Step -$700K -Value is for 2.5% step effective January 1, 2020. -One time cost for changing step scale to be funded through reserves -$550K County Dept and External Agency Requests above & beyond existing funding Unfunded •Board of Education -$1.8M •HCC -$301K •VFRA -$220K •Library -$119K •Social Services -$8K •Univ of Md Ext -$9K •Humane Society -$59K •Soil Conservation District -$152K •Additional School Resource Officers – pending funding in step 3 •Community Organization Funding •County Personnel Requests •Other departmental requests Speed Camera Revenue for FY2020 - $1,575,000 (Net) $1.5 Million appropriated to CIP for Police, Fire, and Emergency Services Training Facility 1 $75K to remain in operations for cost of community deputy for Sharpsburg and Williamsport 2 Minimum Funding Level Required 2020 2021 2022 2023 2024 Deficit (8,834,050) (11,209,956) (15,781,640) (16,390,426) (18,248,413) FY2020 FY2021 FY2022 FY2023 FY2024 Real Property Add 0.05$ 0.04$ -$ -$ -$ Income Tax Add 0.20%0.10%0.00 0.00 0.00 Revenue Add 8,600,000 6,100,000 0 0 0 Sewer Rate 0 0%0 5%0 Water Rate 0 0%0 5%0 Solid Waste 0 3%0 0 0 Appendices Without Revenue Increase •Reduce funding to outside agencies by 10% •Reduce number of employees 2020 2021 2022 2023 2024 (8,834,050) (11,209,956) (15,781,640) (16,390,426) (18,248,413) Outside Agencies (1,960,000) (1,960,000) (1,960,000) (1,960,000) (1,960,000) Position reduction (75) (101) (151) (157) (177) Average Wage 54,950 Benefit Cost - 38%20,881 Health Care 16,000 Cost per Employee 91,831 Water and Sewer Rate Increases 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 0.00%0.00%0.00%5.00%0.00%5.00%0.00%5.00%0.00%5.00% Annual Deficiency Sewer (3,169,300)(2,308,400)(2,391,600)(983,100)(1,097,300)(702,200)(932,200)(561,300)(750,700)(222,000) Annual Deficiency Water (473,200) (259,900) (266,900) (262,100) (337,200) (330,000) (378,800) (391,500) (406,800) (376,100) Sewer Fund Scenarios 0.00%5.00%0.00%5.00%0.00%5.00%0.00%5.00%0.00%5.00% 0 (3,169,300)(1,838,400)(1,905,200)(413,400)(523,300)(95,100)(320,400)86,000 (98,400)468,100 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% 0 (3,169,300)(2,308,400)(2,391,600)(1,525,800)(1,644,000)(1,831,200)(2,069,700)(2,324,100)(2,527,200)(2,669,500) 5.00%5.00%5.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00% 0 (2,703,000)(1,345,000)(858,400)561,900 850,200 1,087,300 1,292,100 1,500,600 1,781,100 2,142,600 Water Fund Scenarios 5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% (430,700)(172,900)(129,000)(117,000)(133,100)(115,200)(95,500)(93,400)(29,200)21,200 0.00%5.00%0.00%5.00%0.00%5.00%0.00%5.00%0.00%5.00% (473,200)(217,400)(223,200)(216,100)(289,900)(280,200)(327,500)(337,600)(351,300)(317,600) 0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00%0.00% (473,200)(259,900)(266,900)(305,900)(382,400)(422,700)(474,200)(538,500)(557,800)(583,200) Projected Budget $ Change Projected $ Change Projected $ Change Projected $ Change Projected $ Change Projected $ Change General Revenue Real Estate/Property Tax 126,900,000 126,448,250 2,845,840 128,676,030 2,227,780 137,249,551 8,573,521 144,794,542 7,544,991 147,835,227 3,040,685 150,939,767 3,104,540 Income Tax 81,129,000 84,000,000 2,000,000 82,750,000 (1,250,000)89,605,000 6,855,000 93,997,100 4,392,100 95,877,042 1,879,942 97,794,583 1,917,541 Admission and Amusement Tax 255,000 255,000 (25,000)255,000 0 255,000 0 255,000 0 255,000 0 257,550 2,550 Recordation Tax 6,900,000 6,500,000 500,000 6,500,000 0 6,500,000 0 6,500,000 0 6,565,000 65,000 6,630,650 65,650 Trailer 550,000 550,000 25,000 550,000 0 550,000 0 550,000 0 550,000 0 555,500 5,500 Interest 2,000,000 692,400 267,400 1,200,000 507,600 1,200,000 0 1,212,000 12,000 1,333,200 121,200 1,346,532 13,332 Charges for Services 6,885,360 8,885,360 2,304,940 6,532,300 (2,353,060)6,532,300 0 6,597,623 65,323 6,663,599 65,976 6,730,235 66,636 Operating Grants 2,000,000 2,308,300 16,070 2,121,300 (187,000)2,121,300 0 2,142,513 21,213 2,163,938 21,425 2,185,578 21,639 8,885,360 11,193,660 2,321,010 8,653,600 (2,540,060)8,653,600 0 8,740,136 86,536 8,827,537 87,401 8,915,813 88,275 Total Revenues 226,619,360 229,639,310 7,934,250 228,584,630 (1,054,680)244,013,151 15,428,521 256,048,778 12,035,627 261,243,006 5,194,229 266,440,394 5,197,388 Full Time Wages 31,987,331 32,558,240 2,139,490 32,187,350 (370,890)33,492,034 1,304,684 34,329,335 837,301 35,187,568 858,233 36,067,257 879,689 Part Time Wages 1,653,902 1,747,870 169,740 1,740,410 (7,460)1,783,920 43,510 1,828,518 44,598 1,874,231 45,713 1,921,087 46,856 Overtime Wages 1,728,018 997,410 129,670 1,035,020 37,610 1,060,896 25,876 1,087,418 26,522 1,114,603 27,185 1,142,468 27,865 35,369,250 35,303,520 2,438,900 34,962,780 (340,740)36,336,850 1,374,070 37,245,271 908,421 38,176,403 931,132 39,130,813 954,410 Fringe Costs: Health 8,501,132 8,442,750 171,120 8,941,760 499,010 9,165,304 223,544 9,394,437 229,133 9,629,298 234,861 9,870,030 240,732 Pension 10,555,565 9,871,790 3,152,780 9,021,420 (850,370)9,292,063 270,643 9,570,824 278,762 9,857,949 287,125 10,153,688 295,738 OPEB 0 565,000 0 565,000 0 565,000 0 565,000 0 565,000 0 565,000 0 Other 2,693,460 3,750,920 957,690 2,847,270 (903,650)2,918,452 71,182 2,991,413 72,961 3,066,198 74,785 3,142,853 76,655 24,455,905 25,384,220 4,440,710 24,123,320 (1,260,900)24,720,587 597,267 25,370,937 650,350 26,038,940 668,003 26,725,078 686,138 Operations: Public Safety 14,926,910 14,438,810 (488,100)14,910,770 471,960 15,208,985 298,215 15,513,165 304,180 15,823,428 310,263 16,139,897 316,469 State 4,374,140 4,823,160 449,020 4,975,830 152,670 5,075,347 99,517 5,176,854 101,507 5,280,391 103,537 5,385,998 105,608 Internal Operations 38,606,850 37,659,070 (947,780)34,569,410 (3,089,660)35,952,186 1,382,776 37,390,274 1,438,087 38,885,885 1,495,611 40,441,320 1,555,435 169,691,960 168,705,100 875,460 168,208,730 (496,370)172,264,293 4,055,563 176,428,622 4,164,330 180,705,000 4,276,378 185,096,818 4,391,818 Controllable Assets/Capital Outlay: Public Safety 55,950 149,670 93,720 273,520 123,850 0 (273,520)0 0 0 0 0 0 State 0 16,500 16,500 174,070 157,570 191,477 17,407 191,477 0 191,477 0 191,477 0 Internal Operations 11,340 80,300 68,960 700 (79,600)500,000 499,300 1,000,000 500,000 1,000,000 0 1,000,000 0 67,290 246,470 179,180 448,290 201,820 691,477 243,187 1,191,477 500,000 1,191,477 0 1,191,477 0 Future EMS 1,000,000 1,000,000 2,000,000 1,000,000 2,050,000 50,000 2,101,250 51,250 2,153,781 52,531 Capital 0 0 1,000,000 1,000,000 2,000,000 1,000,000 3,000,000 1,000,000 4,000,000 1,000,000 Sewer 2,200,000 7,849,300 7,849,300 3,000,000 (4,849,300)4,000,000 1,000,000 (4,000,000)0 Water 0 0 259,900 259,900 266,900 7,000 262,100 (4,800)337,200 75,100 Solid Waste 226,260 226,260 (226,260)0 0 0 Police Fire & EMS Training Facility 0 0 500,000 500,000 500,000 0 550,000 50,000 550,000 0 SRO 0 0 250,000 250,000 500,000 250,000 750,000 250,000 750,000 0 Kirwan 0 0 1,000,000 1,000,000 1,500,000 500,000 2,000,000 500,000 2,500,000 500,000 Cascade Fund Appropriation 200,000 200,000 1,000,000 800,000 1,000,000 0 1,000,000 0 1,000,000 0 9,675,560 9,675,560 9,409,900 (265,660)13,170,110 3,760,210 12,310,213 (859,897)13,937,844 1,627,631 Total Expenditures 231,784,405 229,639,310 7,934,250 237,418,680 7,779,370 243,423,107 6,004,427 253,406,417 9,983,311 258,422,033 5,015,615 266,082,030 7,659,997 Excess Revenue (Expenditures)(5,165,045)0 0 (8,834,050)(8,834,050)590,044 9,424,094 2,642,360 2,052,316 2,820,974 178,613 358,364 (2,462,609) Income Tax Rate 2.80%0.20%0.10%0.00%0.00%0.00% 2,600,000 1,300,000 - Total GF Revenue Impact 8,600,000 6,100,000 0 0 0 Sewer Rate Increas 0%0%0%5%0 Water Rate Increase 0%0%0%5%0 Solid Waste Increase 0 226K 0 0 0 Fire includes SAFER grant for FY2020 and 2023 EMS assumes 90% return Capital to increase $1 million per year to build back up 2023 2024 Projected actual Budget Proposed budget Washington County, Maryland Long Range Financial Projections Source 2019 2019 2020 2021 2022