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arrangements.
BOARD OF COUNTY COMMISSIONERS
November 7, 2017
Agenda
10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES –OCTOBER 31, 2017
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:10 A.M. REPORTS FROM COUNTY STAFF
10:20 A.M. CITIZENS PARTICIPATION
10:30 A.M. BOARD OF EDUCATION – JOINT MEETING
Location: 100 West Washington Street, Suite 1113
10:35 A.M. PROCLAMATION TO DR. ALTIERI FOR EDUCATION SERVICE TO
WASHINGTON COUNTY
10:45 A.M. PRESENTATION AND DISCUSSION OF THE PROPOSED 2018 LEGISLATIVE
PROGRAM FOR THE WASHINGTON COUNTY BOARD OF EDUCATION – Melissa
Williams, Board President, Stan Stouffer, Board Vice President and members
11:30 A.M. PRESENTATION TO BOARD OF COMMISSIONERS AND BOARD OF
EDUCAITON – B&D CONSULTING, INC. – Amy Johnson, B&D Consulting
12:00 P.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 consider matters that concern the proposals for business or
industrial organizations to locate, expand, or remain in the State; and to consult with counsel to obtain legal advice on a
legal matter.)
12:55 P.M. RECONVENE IN OPEN SESSION
01:00 P.M. REVISED AND UPDATED POLICIES – Stephanie Stone, Director, Division of Health
and Human Services and Kendall McPeak, Assistant County Attorney
01:20 P.M. IT RECLASSIFICATION / REORGANIZATION / REALIGNMENT OF DUTIES –
Ronald Whitt, IS Director
01:25 P.M. ADJOURNMENT
President
Jeffrey A. Cline, Vice
President
John F. Barr
Wayne K. Keefer
LeRoy E. Myers, Jr.
WWW.WASHCO-MD.NET
Open Session Item
SUBJECT: Presentation and Discussion of the Proposed 2018 Legislative Program for the
Washington County Board of Education
PRESENTATION DATE: November 7, 2017
PRESENTATION BY: Mrs. Melissa Williams, Board President
Mr. Stan Stouffer, Board Vice President
Mr. Pieter Bickford, Board Member
Mrs. Jacqueline Fischer, Board Member
Mr. Michael Guessford, Board Member
Mrs. Linda Murray, Board Member
Mr. Wayne Ridenour, Board Member
RECOMMENDED MOTION: None
REPORT-IN-BRIEF: The Board of Education will present the Washington County Board of
Education’s 2018 Legislative Program: Core Values, Legislative Priorities, and Watch List for
discussion with the Commissioners.
DISCUSSION: Board of Education Policy BJ provides that the Board of Education is to discuss its
legislative program on an annual basis. The Board is also to establish its legislative priorities for state
and federal legislation.
The Board of Education conducted a public work session on October 17, 2017, to discuss its core
values, legislative priorities, and initiatives for the 2018 Maryland Legislative Session. The Board
concurred at the work session to discussion three (3) of its proposed local initiatives with the Board of
County Commissioners in order to seek the Commissioners’ comments regarding the initiatives. Those
initiatives are as follows:
1) Repeal of Public Local Law – Advisory School Design Review Committee;
2) An Annual Increase in the Maintenance of Effort Based Upon the Consumer Price Index; and
3) Automated Speed Enforcement – Dedication of Funds for School Resource Officers.
FISCAL IMPACT:
1) Repeal of Public Local Law – Advisory School Design Review Committee
It is estimated that the repeal of this law would result in a cost savings of $25,000 for every
project. This cost reflects the time expended by architects, construction managers, school
system staff, and County staff. The elimination of this law would increase the efficiency of
the design process.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
2) An Annual Increase in the Maintenance of Effort Based Upon the Consumer Price Index
In Fiscal Year 2017, the County Commissioners contributed $94,844,030 towards the
Maintenance of Effort (MOE). By way of example, if the consumer price index had increased
by 1% in Fiscal Year 2017, under the legislation now being proposed, the Commissioners
would have allocated an additional $948,440.30 to support the education of students in
Washington County.
3) Automated Speed Enforcement – Dedication of Funds for School Resource Officers
The Board of Education is currently expending $700,000 to cover the cost of school resource
officers. Automated speed enforcement devices may only be located in school zones. It would
be beneficial to dedicate revenue from the speed enforcement devices to defray the cost of
school resource officers.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS:
1) Proposed Washington County Board of Education 2018 Legislative Program, Core Values,
Legislative Priorities, and Watch List;
2)Washington County Board of Education 2018 Legislative Program Work Session Conducted
on October 17, 2017, Executive Summary; and
3)Washington County Board of Education 2018 Maryland Legislative Session Calendar
AUDIO/VISUAL NEEDS: None
10435 Downsville Pike
Hagerstown MD 21740
301-766-2800
Building a Community That Inspires Curiosity, Creativity, and Achievement.
www.wcpsmd.com
Washington County Board of Education
2018 Legislative Program
CORE VALUES, LEGISLATIVE PRIORITIES, AND WATCH LIST
A. Adequate and Equitable Local and State Funding
Equity in Funding:
The Board of Education of Washington County supports restoring the inflation factor and adjusting
funding formulae that take into account the percentage of students who qualify for Free and Reduced-
Price Meals (FARMs), the needs of special education students, transportation costs, the age of schools,
and the wealth of the local county. If the inflation factor formula was still in place, it is projected that an
additional $176,730,401 million in state funding would have been available to the students of
Washington County over the last ten (10) fiscal years.
Increased Funding for Prekindergarten Education:
The Board of Education of Washington County supports a per pupil funding allocation for students
attending prekindergarten, including a 0.5 FTE for half-day students and a 1.0 FTE for full-day students,
without any reduction in compensatory education funding. In the event a decision is made to mandate
prekindergarten, adequate funding for the educational program and funds for capital improvement will
be needed.
Washington County Public Schools has been the recipient of federal and state grant funds that have
been used to expand the prekindergarten and kindergarten program. The funds have allowed school
officials to increase student participation, extend some programs from a half day to a full day, and to
expand the program to additional school facilities.
Maintenance of Effort:
The Board of Education of Washington County supports the current maintenance of effort law enacted
in 2012. Any attempt to reduce the level of school funding should be opposed.
Adequate State Funding to Improve School Buildings and to Create Capacity:
Washington County Public Schools has forty-six (46) schools to serve the needs of approximately 22,000
students. The need for new school construction and the repair and modernization of aging facilities is
particularly acute in Washington County. Concurrent, adequate state funding, through equitable,
effective formulae, will supplement the local contribution that is needed to address these needs. The
Board of Education of Washington County supports the allocation of at least $350 million in state
funding for school construction and the improvement of school facilities.
2
Building a Community That Inspires Curiosity, Creativity, and Achievement.
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B. Local Control
Continued Governance Authority for Local Boards of Education to Set Educational Policy and School
Budgets:
The Board of Education of Washington County supports continued autonomy for all local boards of
education to adopt education policies that promote high standards for academic and fiscal
accountability. Students are best served by having an independent local board of education that is
engaged with its superintendent and the school community to discuss and to debate important issues
that directly impact the quality of education. The widely recognized success of Maryland schools is a
testament to the effectiveness of this governance model. The Washington County Board of Education
opposes any legislation or regulatory initiatives which would have the effect of reducing local board
governance or budgetary authority.
Charter Schools:
Local boards of education must retain the sole authority to grant charters and to administer funding to
charter schools.
Voucher Programs:
Any expansion of the current voucher programs (textbooks, capital funding) should be opposed.
C. Mandates Should be Limited and Fully Funded by the State
Legislative Mandates Should be Limited and Fully-Funded by the State:
The Board of Education of Washington County opposes new mandates. We urge the legislature to carefully
consider the financial and the policy implications of any new mandates. We recommend that any new
legislative mandates be coupled with mandated full-funding from the state.
LOCAL INNOVATIVE INITIATIVES
The Board of Education of Washington County will pursue the following initiative during the 2018 legislative session:
Support the Urban Improvement Project partnership, which is comprised of Washington County Delegation,
Board of County Commissioners of Washington County, City of Hagerstown, Washington County Board of
Education, University System of Maryland at Hagerstown, and Maryland Theatre in their efforts to obtain state
funding.1
Amend the Student Safety and Support Act – “Reportable Offense Law”
1 Urban Improvement Project, a Sustainable Community Project
The Board of County Commissioners of Washington County, in partnership with the City of Hagerstown, Washington County Board
of Education, Maryland Theatre, and University System of Maryland at Hagerstown, is supporting several key projects that tie into
the revitalization of the urban core. The components of the Urban Improvement Project are as follows:
Expansion and renovation of the Maryland Theatre in the Downtown Arts & Entertainment District
Urban educational complex expansion
o Urban Educational Campus – BOE Component
o Urban Educational Campus – USMH Component
o Plaza improvements
3
Building a Community That Inspires Curiosity, Creativity, and Achievement.
www.wcpsmd.com
Repeal of Special Law Governing the Term of Office for the Superintendent of Schools for Washington County
Amend the Fairness in Negotiations Act to Reduce the Cost of the Impasse (state-wide initiative) and to Allow for
an Orderly Budget Planning Process (local initiative)
Repeal of Public Local Law – Advisory School Design Review Committee (must consult with County
Commissioners)
An Annual Increase in the Maintenance of Effort Based Upon the Consumer Price Index (must consult with
County Commissioners)
Automated Speed Enforcement – Dedication of Funds for School Resource Officers (must consult with County
Commissioners)
Executive summaries of the initiatives are attached.
2018 LEGISLATIVE WATCH LIST
Contest Any Further Increases in the Transfer of Pension Costs:
During the 2012 legislative session, a law was enacted which provided for the transfer of pension costs from the
state government to the local governments. Any legislative effort to pass any new or additional costs of this
nature to the local governments should be opposed. There is a concern that any further transfer of such costs
will further hamper the ability of local governments to fully fund the maintenance of effort.
The law that was enacted in 2012 fixed the amount that a local government would be required to contribute for
pension costs. The local government’s contribution was based upon projections developed in 2012. It is now
clear that the 2012 projections underestimated the actual cost by at least 1%. Retirement burdens should be
separate from the instruction budget.
Free and Appropriate Education – Burden of Proof:
In 2017, House Bill 1240 was passed that requires the Maryland State Department of Education to retain a
consultant to study the Individualized Education Plan process in the state. In due process hearings the burden of
proof rests with the parent. In the event a decision is made to change this long-standing practice it will increase
the cost of such hearings to the local boards of education. More importantly, teachers will be required to
redirect valuable instructional time away from students and instead be focused on satisfying new legal
mandates that the Supreme Court has already determined are not required.
Public School Labor Relations Board
Any effort to expand the authority or power of the Public School Labor Relations Board should be opposed.
Notations
It is the practice of the Superintendent of Schools and staff to monitor legislation introduced during the session and to alert members
of the Board of Education and the Delegation of matters that require attention and action.
Some of the information and comments that appear in this report are based upon information provided by the Maryland Association
of Boards of Education.
For discussion purposes at the public work
session on October 17, 2017
Legislative Program
2018 Legislative Session
Local Initiative
Amend the Student Safety and Support Act – “Reportable
Offense Law”
In 1995, a new law entitled the “Student Safety and Support Act,” was enacted. The law
is referred to as the “reportable offense law.” The reportable offense law authorizes law
enforcement agencies to share confidential information concerning a student with school
officials so they may plan for a student’s education and maintain safety in the school
environment (the “Education Plan”).
The reportable offense law authorizes the local superintendent or school principal to
transmit arrest information as a confidential file to the local superintendent of another public
school system in the State. The reportable offense law does not mandate this transmittal.
School staff that prepare the Education Plan for students are recommending that the sending
school system be required to transmit this information to the school system receiving the
student. This information is critical in developing a plan that will ensure that the student is
placed in the most appropriate educational setting, benefit from all available resources, and
achieve academic and personal success and graduation. In addition, the information will assist
in maintaining school safety throughout the system.
School staff is also recommending that group homes that are entrusted with the care
and custody of a student placed by an agency (the Department of Juvenile Services or the
Department of Social Services) be required to share this reportable offense information with
local superintendent and/or school principal of the school where enrollment of the student is
requested.
For discussion purposes at the public work
session on October 17, 2017
Legislative Program
2018 Legislative Session
Local Initiative
Repeal of Special Law Governing the Term of Office for the
Superintendent of Schools for Washington County
Maryland law sets forth specific provisions regarding a superintendent’s term of office.
(Section 4-201 of the Education Article, Annotated Code of Maryland)
In 2015, the Washington County Board of Education requested the Washington County
Delegation to the Maryland General Assembly to support legislation that exempted the position
of Superintendent of Schools in Washington County from certain timeline requirements in
Maryland law.
The Board of Education is requesting the Delegation to repeal the exemptions that apply
to the position of Superintendent of Schools in Washington County.
1
For discussion purposes at the public work
session on October 17, 2017
Legislative Program
2018 Legislative Session
Initiative
Amend the Fairness in Negotiations Act to Reduce the Cost of
the Impasse Process (state-wide initiative) and to Allow for an
Orderly Budget Planning Process (local initiative)
Prior to 2010, in the event a public school employer (board of education) and employee
organization were unable to come to terms on the provisions of their collective bargaining
agreement, the legal dispute was submitted to the Maryland State Board of Education for
adjudication. The cost to adjudicate the dispute was minimal.
The Cost of Mediators
(state-wide initiative)
With the passage of the Fairness in Negotiations Act (FINA) in 2010, all such legal
disputes are now referred to a five (5) member panel known as the Public School Labor
Relations Board (PSLRB) for adjudication. At the initial stage of the legal dispute, which is
referred to as “an impasse,” the public school employer and employee organization must agree
on the selection of a mediator, the cost of which is shared equally between the parties. With
the passage of the FINA, the cost to adjudicate these disputes has increased. The cost of the
services of a mediator is significant.
It is recommended that to minimize the cost of such disputes for the employer and the
employee organization that the PSLRB establish a panel of approved mediators and further,
that the PSLRB assume the financial responsibility of providing this service. The FINA should be
amended to address this concern.
2
Amend the Law to Allow for an Orderly Budget Process
Local boards of education in Maryland are financially dependent upon the State of
Maryland and the local government to provide funding to support the education program for
students. Section 5-102(b) of the Education Article of the Annotated Code of Maryland requires
a local board of education to submit its annual budget to the local government by a certain
date. Section 5-102(b) states as follows:
(b) Submission. – (1) Each county board shall submit an annual school budget in
writing to the county commissioners, county council, or the county executive.
(2) The budget shall be submitted not less than 45 days before the date for
levying local taxes or on an earlier date on or after March 1 as may be required
by the county fiscal authority.
Local government is constantly adjusting its budget to meet the many need s of its
citizens. Besides funding the cost of education, it must also provide for the public safety and
health of its citizens along with making necessary public improvements while at the same time
providing wages and benefits to its employees who serve the needs of the community. Both
the local government and local board of education, in order to discharge their fiduciary duties,
must have sufficient time to carefully study and to consider how the limited financial resources
that are available are to be allocated. The public must also be afforded an opportunity to
comment on the budget that is being developed by the local government and board of
education.
A close examination of the timelines set forth in the FINA reveals that the timelines
associated with the collective bargaining and impasse process do not, in any way, align with the
stringent budget timelines a local board of education or a local government must meet.
The FINA law must be amended to align the collective bargaining and impasse process
with the budget deadlines set forth in Section 5-102(b). Prince George’s Community College
(PGCC) has already taken the initiative to pursue such an alignment.
Section 16-414.1(g), which concerns PGCC’s collective bargaining process, states as
follows:
(g) Conclusion of negotiations prior to budget submission date. – In the course of
collective bargaining, the public employer and the exclusive representative shall
make every reasonable effort to conclude negotiations prior to the budget
3
submission date of the public employer, in order that the governing body of
Prince George’s County may act on the operating budget of the public employer.
In order to foster an orderly budget process, the FINA should be amended to require
that the collective bargaining process is to be concluded prior to the date that a local board is
required to submit its budget to the local governing body. The above language could be further
enhanced by imposing an affirmative obligation on both parties to submit proposals that have
financial implications, in writing, at least 15 days prior to the date the Board of Education must
submit its budget to its governing body (Board of County Commissioners of Washington
County).
It is not practical, fair, or efficient to request a local governing body, after it has adopted
its budget for the fiscal year, to allocate additional funds to cover the new costs associated with
the collective bargaining process that is concluded after the adoption of the bu dget.
For discussion purposes at the public work
session on October 17, 2017
Legislative Program
2018 Legislative Session
Local Initiative
Repeal of Public Local Law – Advisory School Design Review
Committee
In 2005, at a time when the Board of County Commissioners of Washington County’s
contribution level was 35% of the cost of school capital improvement projects, a new
committee was established, which is known as the Advisory School Design Review Committee
(ASDRC).1 The ASDRC, in consultation with the Board of Education’s staff and architect, review
all construction plans for school capital improvement projects that exceed $2 million.
Several years ago, the law was modified and the State of Maryland now provides 71% of
the funding for capital projects if matching funds are identified by the local government or local
board of education. The County Commissioners share of the cost of a school capital
improvement project is now only 29%.
No other board of education in Maryland is required to submit its construction plans to
such a committee. The review process results in additional costs (architect prepares for the
meetings, attendance at the meetings) to the proposed project. There is also a concern that
citizens who are appointed by the local government to serve on the ASDRC on a volunteer basis
are not foreclosed from bidding on a project that is reviewed by the ASDRC.
In order to improve efficiency and to reduce the cost of such reviews, the public local
law that established the Advisory School Design Review Committee should be repealed.
1 The State of Maryland provided 65% of the cost of a school improvement project.
The County Commissioners should be consulted and requested to join in the effort t o
repeal this law.
For discussion purposes at the public work
session on October 17, 2017
Legislative Program
2018 Legislative Session
Local Initiative
An Annual Increase in the Maintenance of Effort Based Upon
the Consumer Price Index
Every local government is required by Maryland law to provide a minimum level of
funding to support the education of public school students. This funding requirement is known
as the Maintenance of Effort or “MOE.”
It is being proposed that legislation be introduced that applies only to Washington
County that after the required MOE contribution is determined, the local government’s
contribution should be increased on an annual basis, by a certain percentage, based upon the
increase in the Consumer Price Index (CPI).
For discussion purposes at the public work
session on October 17, 2017
Legislative Program
2018 Legislative Session
Local Initiative
Automated Speed Enforcement – Dedication of Funds for School
Resource Officers
Maryland law authorizes the installation of automated speed enforcement (ASE)
systems in school zones. It is being proposed that a portion of the revenue generated by this
program be dedicated by the local government to cover the cost the Board of Education of
Washington County incurs to provide school resource officers (SRO). The current cost to the
Board of Education to provide this service to students, school staff, and visitors to school
facilities and events is $700,000.
10435 Downsville Pike
Hagerstown, MD 21740
301-766-2800
Building a Community That Inspires Curiosity, Creativity, and Achievement.
www.wcpsmd.com
Washington County Board of Education
2018 Legislative Program Work Session Conducted on October 17, 2017
Executive Summary1
Core Values
Adequate and Equitable Local and State Funding
Local Control
Mandates Should be Limited and Fully Funded by the State
Legislative Priorities
Advocate for equity in funding (Kirwan Commission2)
Support increased funding for prekindergarten education
Support the current maintenance of effort law
Seek adequate state funding to improve school buildings and to create capacit y (Knott Commission3)
Oppose legislation which has the effect of reducing local governance or impeding budgetary authority
Legislative Initiatives
Support the Urban Improvement Project partnership, which is comprised of Washington County Delegation, Board
of County Commissioners of Washington County, City of Hagerstown, Washington County Board of Education,
University System of Maryland at Hagerstown, and Maryland Theatre in their efforts to obtain state funding4
Amend the Student Safety and Support Act – “Reportable Offense Law”
Repeal of Special Law Governing the Term of Office for the Superintendent of Schools for Washington County
1 During the Board of Education’s public business meeting on November 21, 2017, the Board is scheduled to adopt its core values,
legislative priorities, and legislative initiatives. It will also consider establishing its Legislative Response Team member ship and the
appointment of its Legislative Representative.
2 Commission on Innovation and Excellence in Education (also known as the “Kirwan Commission”)
During the 2016 legislative session, landmark legislation created a blue ribbon commission known as the Commission on
Innovation and Excellence in Education, to study the adequacy of education funding and to offer legislative proposals.
The Commission has just announced (October 25, 2017) that it will delay the issuance of its final report that was due on
December 21, 2017, until June of 2018.
3 21st Century School Facilities Commission (also known as the “Knott Commission”)
This Commission was established to student “existing educational specifications for school construction projects and to
evaluate whether those specifications apply to the needs of 21 st century schools. The Commission will review the findings of
the 2004 Task Force to Study Public School Facilities.
A “decision meeting” has been scheduled by the Commission for December 14, 2017.
4 Urban Improvement Project, a Sustainable Community Project
The Board of County Commissioners of Washington County, in partnership with the City of Hagerstown, Washington County Board of
Education, Maryland Theatre, and University System of Maryland at Hagerstown, is supporting several key projects that tie int o the
revitalization of the urban core. The components of the Urban Improvement Project are as follows:
Expansion and renovation of the Maryland Theatre in the Downtown Arts & Entertainment District
Urban educational complex expansion
o Urban Educational Campus – BOE Component
o Urban Educational Campus – USMH Component
o Plaza improvements
Amend the Fairness in Negotiations Act to Reduce the Cost of the Impasse (state-wide initiative) and to Allow for
an Orderly Budget Planning Process (local initiative)
Repeal of Public Local Law – Advisory School Design Review Committee (must consult with County
Commissioners)
An Annual Increase in the Maintenance of Effort Based Upon the Consumer Price Index (must consult with
County Commissioners)
Automated Speed Enforcement – Dedication of Funds for School Resource Officers (must consult with County
Commissioners)
Legislative Response Team5
Mrs. Melissa Williams, Board President
Mr. Stan Stouffer, Board Vice President
Mrs. Linda Murray, Board Member
Dr. Boyd Michael, III, Superintendent
Mr. Anthony Trotta, Chief Legal Counsel
Mrs. Ardath Cade, Legislative Representative
Legislative Representative
Mrs. Ardath Cade
5 The composition of the Legislative Response Team will be reevaluated after the Board of Education’s reorganization meeting
scheduled for December 5, 2017.
Washington County Board of Education
2018 Maryland Legislative Session Calendar
Action Items Schedule/Completion Date
Board of Education public Work Session on 2018 legislative priorities,
core values, local initiatives, and the consideration of Legislative
Response Team members and the Legislative Representative
October 17, 2017
Meeting with Board of County Commissioners of Washington County to
share the 2018 legislative priorities, core values, local initiatives
November 7, 2017, 10:30 a.m.
100 W. Washington St.
Adoption of 2018 legislative priorities, core values, local initiatives, and
the establishment of the Legislative Response Team and the Legislative
Representative at public Business Meeting
November 7, 2017
Meeting with Washington County Delegation to the Maryland General
Assembly – 2018 Legislative Program
December 5, 2017
9:30 – 10:30 – UIP; 11:00 – 11:30 – BOE
Hager Hall
First day of 2017 Legislative Session January 10, 2018
Legislative report provided by the Legislative Representative at Board of
Education public Business Meeting, and, if necessary, report on
positions taken on legislative proposals per Policy BJ
TBD
Legislative report by Legislative Response Team at Board of Education
public Business Meeting, if necessary, to report on positions taken on
legislative proposals per Policy BJ
TBD
Washington County Lobbying Coalition’s Day in Annapolis January 31, 2018
Governor’s State of the State Address TBD
Washington County Board of Education’s Day in Annapolis February 20, 2017
MABE’s Annual Legislative Day Luncheon February 20, 2017
Washington County Delegation Meeting (time and room TBD) February 20, 2017*
Final Date for Introduction of Bills Without Suspension of Rules March 5, 2018
Last day of 2018 Legislative Session April 9, 2018
Final legislative report provided by Legislative Representative and
Legislative Response Team at Board of Education public Business
Meeting
May 1, 2018
MABE’s Legislative Committee meeting schedule: September 18, October 16 (guest speaker: Dr. William (Brit) Kirwan),
November 13 (legislative positions and priorities), December 18 (2018 session forecast), January 22, February 12 and 26,
March 12 and 26, April 23
*Tentative – must confirm with Delegation
This calendar is current as of: October 31, 2017
Open Session Item
SUBJECT: Revised and Updated Policies
PRESENTATION DATE: November 7, 2017
PRESENTATION BY: Stephanie Stone, Director of Health and Human Services
Kendall McPeak, Assistant County Attorney
RECOMMENDED MOTION: To approve the Policies (EB, PR, RMS) under the purview
of the Health and Human Services Department which have been provided to the Commissioners.
REPORT-IN-BRIEF: The Division of Health and Human Services has been working with the
County Attorney’s Office to update and revise policies. These revised policies must then be
approved and accepted by the Board of County Commissioners. Revised and reviewed policies
will allow the department to create an updated employee handbook for all current and new
employees. Since last week’s presentation and per request of Commissioners, several policies
have been updated. They include:
PR-13 Anti-Harassment and Complaint Procedure
PR-21 Violence in the Workplace
PR-26 Whistleblower Policy
PR-34 Leave Policy
PR-36 Tobacco Free Campus
PR-37 Anti-Discrimination and Complaint Procedure
PR-39 Cell phone Use During Board Meetings
DISCUSSION: The Human Resources staff has worked to revise Employee Benefit (EB),
Personnel (PR) and Risk Management/Safety (RMS) policies. As policies have been updated,
staff has been working with the Kendall McPeak, Assistant County Attorney for their office’s
input. Some policies have been updated and/or consolidated, and others address County, State
and Federal regulations that may have changed over time. Some policies may not have changed
at all, but with new administration and the upcoming upgrade to the Oracle Cloud by the end of
the year, it is time to bring all policies for your information and discussion. Attached you will
find the list of all policies requiring Commissioner approval with an explanation of changes
which have been made to previous policies.
All but three policies were provided to the Commissioners in notebook form on October 17,
2017. Three additional completed policies were provided to the Commissioners on October 24,
2017 so that all policies under the purview of the Health and Human Services Department will
have the most up to date commissioner approval. With these policies approved, this will allow
HR to provide an updated employee handbook by the end of the year for your review. In
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
addition to the updates, we will have the capabilities to post all policies and the updated
handbook on our website this year accessible to all staff.
FISCAL IMPACT: None
CONCURRENCES: County Attorney, County Administrator
ALTERNATIVES: Allow policies to stand as written
ATTACHMENTS: Health and Human Services Policies spreadsheet. Policies with changes:
PR-13 Anti-Harassment and Complaint Procedure
PR-21 Violence in the Workplace
PR-26 Whistleblower Policy
PR-34 Leave Policy
PR-36 Tobacco Free Campus
PR-37 Anti-Discrimination and Complaint Procedure
PR-39 Cell phone Use During Board Meetings
AUDIO/VISUAL NEEDS: N/A
SUMMARY – HEALTH AND HUMAN SERVICES POLICIES
New Policies to be Adopted
EB-15 Insurance/Benefit Credit New policy establishing guidelines for offering optional
pro-rated health insurance benefit credits to employees
who choose not to carry benefits on self or eligible
dependents and limiting eligibility to one employee
when two employees are covered under County
benefits
PR-31 Americans with Disabilities Act (ADA) New policy required to comply with applicable federal
and State laws
PR-34 Leave New policy consolidating provisions pertaining to types
of leave including vacation, personal, sick, family sick,
annual physical, bereavement, workers’ compensation,
and administrative (with and without pay); policy
consolidates EB-3 Holidays, EB-8 Employee Personal
Days, EB-9 Employee Sick Leave Incentive, and EB-13
Annual Physical Benefit
PR-35 Confidentiality New policy preventing the unauthorized disclosure of
confidential information discussed, presented, or
disclosed in any form or fashion in any Board or other
County meeting where personal employee information
is available or discussed
PR-36 Tobacco Free Campus New policy establishing all property owned, leased,
occupied, or operated by County as tobacco-free and
directing appropriate personnel that they may
designate tobacco use areas with approval of the
Director of Public Works;adds Ag Center as exempt
from the tobacco-free campus
PR-37 Anti-Discrimination and Complaint New policy establishing guidelines for the County’s
Procedure compliance with all applicable federal and State
discrimination laws and regulations; includes
discrimination provisions formerly contained in PR-13
which addressed harassment and discrimination in one
policy; establishes steps in complaint procedure and
identifies receiver of initial complaints
PR-38 Use of Social Media New policy establishing guidelines to assist County
employees with understanding the risks and
responsibilities of using social media and making
responsible decisions regarding appropriate use of
social media
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hour increments instead of formerly required
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PR-39 Cell Phone Use During Board New policy prohibiting employees’ (as defined in policy)
Meetings and Proceedings use of cell phones in all open and closed meetings and
proceedings conducted by and before the Board, with
express exceptions for use of cell phones to take photos
and check business- and emergency-related electronic
communications
Policies with Substantive Changes
EB-5 COBRA Policy revamped to be County-specific and in
compliance with current rules and regulations
EB-12 House Keys Program Policy revised to add provisions limiting program to one
purchaser when there are two or more purchasers,
expressly setting County’s maximum contribution of
$5,000, and requiring all purchasers to sign County’s
loan documents
PR-5 Alcohol Use and Substance Use Testing Policy revised to include provisions for second test after
negative dilute test result in pre-employment testing,
retrieval of County belongings from suspended
employees following reasonable suspicion testing, and
employee payment for independent testing prior to
original testing laboratory sending sample to
independent laboratory
PR-13 Anti-Harassment and Complaint Policy revised to separate topics of harassment and
discrimination into two policies with discrimination
addressed in new Policy No. PR-34; policy revised to
incorporate investigative counsel’s recommendations
for narrowing and focusing harassment policy; policy
revised to include provisions pertaining to dating and
consensual romantic or sexual relationships in the
workplace; establishes steps in complaint procedure
and identifies receiver of initial complaints.
PR-16 Inclement Weather Policy revised to update media outlets and sources of
inclement weather announcements
PR-21 Violence in the Workplace Establishes complaint procedure generally and
identifies receiver of initial complaints
PR-24 Hiring Process Policy revised to consolidate PR-1 Criminal Background
Checks, PR-4 Exams, PR-7 Employment of Family
Members, PR-14 Employee Residency Requirement, and
PR-28 Job Posting Policy and Procedure
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PR-25 Use of Official Cars and Equipment Policy revised to include provisions requiring drug
testing after 30-day leave per DOT and FAA regulations,
prohibiting transport of personal passengers in County
vehicles, and updating distracted driving provisions to
accord with current law
PR-26 Whistleblower Policy Clarifies complaint procedure generally and identifies
receiver of initial complaints.
PR-27 Employee Dress Code Policy revised to accord with current practice regarding
casual day attire
Policies to be Abolished
EB-2 Workers’ Compensation Consolidated in RMS-1 Risk Management/Safety
EB-3 Holidays Consolidated in PR-34 Leave
EB-6 Retirement – Buy Back Program does not exist
EB-7 Employee Incentive Program Program does not exist
EB-8 Employee Personal Days Consolidated in PR-34 Leave
EB-9 Employee Sick Leave Incentive Consolidated in PR-34 Leave
EB-10 Advanced Vacation Pay Program does not exist
EB-13 Annual Physical Benefit Consolidated in PR-34 Leave
PR-1 Criminal Background Checks Consolidated in PR-24 Hiring
PR-3 Employment Continuation Beyond Program does not exist
Normal Retirement Age
PR-4 Exams Consolidated in PR-24 Hiring
PR-6 AIDS Policy Program does not exist
PR-7 Employment of Family Members Consolidated in PR-24 Hiring
PR-8 Compensatory Time Program does not exist
PR-14 Employee Residency Requirement Consolidated in PR-24 Hiring
PR-20 Internet Use Contents already addressed in IT policy
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who is to receive
PR-23 HOTSPOTS Mentoring Program Program does not exist
PR-28 Job Posting Policy and Procedure Consolidated in PR-24 Hiring
Policies to be Affirmed with No Substantive Changes
EB-1 Tuition Reimbursement Program
EB-4 Short-Term Disability
EB-14 Employee Assistance Program (EAP)
PR-2 Progressive Discipline and Dismissal
PR-5A Alcohol-Free and Drug-Free Workplace
PR-5B Transit Department Alcohol Misuse and Prohibited Drug Use
PR-9 County Employees as Reservists or Active Duty Military Personnel
PR-10 Guidelines for the Temporary Upgrade of Employees
PR-11 Guidelines for Reduction of County Workforce
PR-12 County Employees as Active Volunteer Fire or Rescue Personnel
PR-15 Family and Medical Leave
PR-17 Modified Duty Procedure
PR-22 Boards and Commissions
PR-30 Employee Sick Leave Bank
PR-32 Reasonable Accommodation Due to Pregnancy
PR-33 Service Animals
RMS-1 Risk Management/Safety Program
Policies to be Reviewed Following Salary Study
PR-18 Wage and Salary Classification Program
PR-19 Performance Management System
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PR-29 Compensation Reclassification
POLICY TITLE: Anti-Harassment and Complaint Procedure
(includes Dating/Consensual Relationship Provision)
POLICY NO.: PR-13
I. PURPOSE
The purpose of this Policy is to establish formal guidelines to ensure that County
employees, potential employees, and volunteers of Washington County may work in
an environment free from Harassment, intimidation, humiliation, insult, or subjection
to offensive physical or verbal abuse or actions of a harassing nature.
II. GENERAL POLICY
The Board of County Commissioners strives to create and maintain a work
environment in which people are treated with dignity, decency, and respect. The
environment of the County should be characterized by mutual trust and the absence of
intimidation, oppression, and exploitation. Employees should be able to work and
learn in a safe, yet stimulating, atmosphere. The accomplishment of this goal is
essential to the County’s mission. For that reason, the Board of County
Commissioners will not tolerate unlawful Harassment of any kind. Through
enforcement of this Policy, and by education of Employees, the County will seek to
prevent, correct, and discipline behavior that violates this Policy.
III. SCOPE
This Policy applies to all Employees as defined herein.
IV. DEFINITIONS AND PROHIBITED CONDUCT
The Board of County Commissioners, in compliance with all applicable federal,
State, and local Harassment laws and regulations, enforces this Policy in
accordance with the following definitions and guidelines:
A. Definition of “Employee” or “Employees”
For purposes of this Policy, “Employee” or “Employees” means elected and
appointed officials, department heads, division directors, all full- and part-
time employees, board and commission members, and unpaid volunteers.
B. The Board of County Commissioners prohibits Harassment of any kind,
including Sexual Harassment as defined herein, and will take appropriate
and immediate action in response to complaints or knowledge of violations
of this Policy.
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PR-13 Anti-Harassment and Complaint Procedure Page 2
C. Harassment
1. Harassment is a form of unlawful employment discrimination that
potentially violates Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act of 1967 (ADEA), and the
Americans with Disabilities Act of 1990 (ADA).
2. For purposes of this Policy, “Harassment” is defined as any verbal or
physical conduct designed to threaten, intimidate, or coerce an
Employee, co-worker, or any person working for or on behalf of the
County. Verbal taunting (including racial and ethnic slurs) that, in the
Employee’s opinion, impairs his or her ability to perform his or her job
is included in this definition of Harassment. Harassment may be based
on race, color, religion, sex (including pregnancy), national original,
age (40 or older), disability, or genetic information.
3. Harassment becomes unlawful where (i) enduring the offensive
conduct becomes a condition of continued employment or (ii) the
conduct is severe or pervasive enough to create a work environment
that a reasonable person would consider intimidating, hostile, or
abusive.
4. Petty slights, annoyances, and isolated incidents (unless extremely
serious) will not rise to the level of illegality. To be unlawful, the
conduct must create a work environment that would be intimidating,
hostile, or offensive to reasonable people.
5. Harassment may be inflicted by the victim’s supervisor, a supervisor
in another area, an agent of the County, a co-worker, or a non-
employee. The victim does not have to be the person who is the object
of the Harassment, but can be anyone affected by the offensive
conduct. Unlawful Harassment may occur without economic injury
to, or discharge of, the victim.
6. The following examples of Harassment are intended to be guidelines
and are not exclusive when determining whether there has been a
violation of this Policy:
a. Verbal Harassment includes comments that are offensive or
unwelcome regarding a person’s nationality, origin, race,
color, religion, gender, sexual orientation, age, body, disability,
or appearance, including epithets, slurs, and negative
stereotyping.
b. Nonverbal Harassment includes distribution, display, or
discussion of any written or graphic material that ridicules,
PR-13 Anti-Harassment and Complaint Procedure Page 3
denigrates, insults, belittles, or shows hostility, aversion, or
disrespect toward an individual or group because of national
origin, race, color, religion, age, gender, sexual orientation,
pregnancy, appearance, disability, sexual identity, and marital
or other protected status.
D. Sexual Harassment
1. Sexual Harassment is a form of unlawful employment discrimination
and is prohibited under this Policy.
2. According to the Equal Employment Opportunity Commission
(EEOC), Sexual Harassment is defined as “unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature…when…submission to or rejection of such
conduct is used as the basis for employment decisions…or such
conduct has the purpose or effect of…creating an intimidating, hostile,
or offensive working environment.” For purposes of this Policy, the
definition of Sexual Harassment is as defined by the EEOC.
3. Two Types of Sexual Harassment
a. Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment occurs where submission to
Sexual Harassment is used as the basis for employment
decisions. Employee benefits such as raises, promotions, and
better working hours are directly linked to compliance with
sexual advances. Therefore, only someone in a supervisory
capacity (with the authority to grant such benefits) can engage
in Quid Pro Quo Sexual Harassment.
b. Hostile Work Environment Sexual Harassment
Hostile Work Environment Sexual Harassment occurs where
the Sexual Harassment creates an offensive and unpleasant
working environment. A Hostile Work Environment can be
created by anyone in the work environment, whether it be
supervisors, other Employees, or customers. Hostile Work
Environment Sexual Harassment consists of verbiage of a
sexual nature, unwelcome sexual materials, or even
unwelcome physical contact as a regular part of the work
environment. Texts, emails, cartoons, or posters of a sexual
nature; vulgar or lewd comments or jokes; or unwanted
touching or fondling all fall into this category.
4. Sexual Harassment occurs when unsolicited and unwelcome sexual
PR-13 Anti-Harassment and Complaint Procedure Page 4
advances, requests for favors, or other verbal or physical conduct of a
sexual nature is explicitly or implicitly made a term or condition of
employment; is used as a basis for an employment decision; or
unreasonably interferes with an Employee’s work performance or
creates an intimidating, hostile, or otherwise offensive environment.
5. Sexual Harassment may take different forms. The following examples
of Sexual Harassment are intended to be guidelines and are not
exclusive when determining whether there has been a violation of this
Policy:
a. Verbal Sexual Harassment includes innuendoes, suggestive
comments, jokes of a sexual nature, sexual propositions, lewd
remarks and threats; requests for any type of sexual favor (this
includes repeated, unwelcome requests for dates); and verbal
abuse or “kidding” that is oriented toward a prohibitive form of
Harassment, including that which is sexual in nature and
unwelcome.
b. Nonverbal Sexual Harassment includes the distribution,
display, or discussion of any written or graphic material,
including calendars, posters, and cartoons that are sexually
suggestive or show hostility toward an individual or group
because of sex; suggestive or insulting sounds; leering; staring;
whistling; obscene gestures; content in letters and notes,
facsimiles, email, photos, text messages, tweets, and internet
postings; or other form of communication that is sexual in
nature and offensive.
c. Physical Sexual Harassment includes unwelcome, unwanted
physical contact such as touching, tickling, pinching, patting,
brushing up against, hugging, cornering, kissing, fondling, and
forced sexual intercourse of assault.
6. Courteous, mutually respectful, pleasant, non-coercive interactions
between Employees, including men and women, that are appropriate
in the workplace and acceptable to and welcomed by both parties, are
not considered to be Harassment, including Sexual Harassment.
E. Retaliation
1. No hardship, loss, benefit, or penalty may be imposed on an
Employee in response to filing or responding to a bona fide
complaint of Harassment or Sexual Harassment, appearing as a
witness in the investigation of a complaint, or serving as an
investigator of a complaint.
PR-13 Anti-Harassment and Complaint Procedure Page 5
2. Retaliation or attempted retaliation in response to lodging a
complaint or invoking the complaint process is a violation of this
Policy. Any person who is found to have violated this aspect of the
Policy will be subject to discipline up to and including termination
of employment.
F. Dating and Consensual Romantic or Sexual Relationships
The Board of County Commissioners strongly discourages romantic or
sexual relationships between a manager or other supervisory Employee and
his or her staff (i.e., an Employee who reports directly or indirectly to that
person) because such relationships tend to create compromising conflicts of
interest or the appearance of such conflicts. In addition, such relationships
may give rise to the perception by others that there is favoritism or bias in
employment decisions affecting the staff Employee. Moreover, given the
uneven balance of power within such relationships, consent by the staff
member is suspect and may be viewed by others or, at a later date, by the
staff member as having been given as the result of coercion or intimidation.
The atmosphere created by such appearances of bias, favoritism,
intimidation, coercion, or exploitation undermines the spirit of trust and
mutual respect that is essential to a healthy work environment. If there is
such a relationship, the parties need to be aware that one or both may be
moved to a different department or that other actions may be taken in
accordance with County policy.
1. If an Employee enters into a consensual relationship that is romantic
or sexual in nature with a member of his or her staff who reports
directly or indirectly to him or her, or if one of the parties is in a
supervisory capacity in the same department in which the other
party works, the parties must immediately notify the Director of
Health and Human Services . Because of potential issues regarding
Quid Pro Quo Sexual Harassment, this reporting is mandatory. This
reporting requirement does not apply to Employees who do not
work in the same department or to parties who do not supervise or
otherwise manage responsibilities over each other.
2. Upon receipt of notification of such a relationship, the Director of
Health and Human Services will review the facts and circumstances
(i.e., reporting relationship between the parties, effect on co-
workers, job titles of the parties, etc.) and determine whether one or
both parties need to be moved to other jobs or departments. If the
Director of Health and Human Services determines that one party
must be moved, and there are jobs in other departments available for
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PR-13 Anti-Harassment and Complaint Procedure Page 6
both, the parties may decide which one of them will apply for a new
position. If the parties cannot or fail to reach a decision in a given
time period, or if the applying party is not chosen for the position to
which he or she applied, the parties will contact the Director of
Health and Human Services who will recommend to the County
Administrator which party should be moved to another job or
department. The Director of Health and Human Services’ decision
will be based on which Employee’s move will be least disruptive to
County operations as a whole. If the Director of Health and Human
Services determines that one or both parties must be moved, but no
other jobs are available for either party, the parties will be given the
option of terminating their relationship or resigning.
G. Complaint Procedure
1. The Board of County Commissioners will courteously treat any
person who invokes the complaint procedure under this Policy. The
County will handle all complaints swiftly and confidentially, to the
greatest extent permitted by applicable law, in light of the need to
take appropriate corrective action. Lodging a complaint will in no
way be used against an Employee or have an adverse impact on the
Employee’s employment status. Because of the damaging nature of
Harassment, including Sexual Harassment, to victims and the entire
workforce, aggrieved Employees are strongly urged to use this
procedure. However, filing groundless or malicious complaints is
an abuse of this Policy and will be treated as a violation thereof.
2. The Board of County Commissioners has established the following
procedure for lodging a complaint of Harassment, including Sexual
Harassment, or retaliation. The County will treat all aspects of the
complaint procedure in accordance with the confidentiality
provisions of this Policy.
a. An individual may initiate the complaint procedure under
this Policy by filing a complaint in writing with the County
Attorney. No formal action will be taken against any person
under this Policy unless the County Attorney has received a
written and signed Harassment/Discrimination Investigation
Consent Form containing sufficient details to determine
whether this Policy may have been violated. The
complainant [the person filing the complaint] may obtain a
copy of the Harassment/Discrimination Investigation
Consent Form from the County Attorney’s Office, the
Department of Human Resources, or online as part of this
Policy made available by the Department of Human
Resources at www.washco-md.net. If a supervisor or
manager becomes aware that Harassment or Sexual
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Harassment is occurring, either from personal observation or
as a result of an Employee’s report, the supervisor or
manager must immediately report the conduct to the County
Attorney.
b. Upon receiving a complaint or being advised by a supervisor
or manager that violation of this Policy may be occurring,
the County Attorney will notify the County Administrator
and the Director of Health and Human Services and review
the Complaint with the County Administrator and the
Director of Health and Human Services.
c. Within five (5) business days of receiving a complaint, the
Director of Health and Human Services will notify the
respondent or respondents [the person or persons charged in
the complaint] of a complaint filing and initiate the
investigation to determine whether there is a reasonable basis
for believing that an alleged violation of this Policy
occurred.
d. During the investigation, the Director of Health and Human
Services, with the assistance of the County Attorney or other
legal counsel or other appropriate management employees,
will interview the complainant, the respondent or
respondents, and any witnesses to determine whether the
alleged conduct occurred.
e. Within fifteen (15) business days of the the matter being
referred to the Director of Health and Human Services by the
County Attorney, the Director of Health and Human
Services, together with other persons conducting the
investigation, will conclude the investigation and submit a
written report of the investigative findings to the County
Administrator and the County Attorney.
f. If the investigation determines that Harassment, Sexual
Harassment, or retaliation occurred in violation of this
Policy, the Director of Health and Human Services, with the
advice of the County Administrator and the County
Attorney, will recommend appropriate disciplinary action.
The appropriate disciplinary action will depend on the
following factors: (i) the severity, frequency, and
pervasiveness of the conduct; (ii) prior complaints made by
the complainant; (iii) prior complaints made against the
respondent or respondents; and (iv) the quality of the
evidence (e.g., first-hand knowledge, credible
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PR-13 Anti-Harassment and Complaint Procedure Page 8
corroboration).
g. If the investigation is inconclusive or if the investigation
determines that there has been no violation of this Policy, but
potentially problematic conduct may have occurred, the
Director of Health and Human Services, with the advice of
the County Administrator and the County Attorney, may
recommend appropriate preventive action.
h. Within five (5) business days after the investigation is
concluded and a recommendation is determined, the Director
of Health and Human Services will meet with the
complainant and the respondent or respondents separately,
notify them of the findings of the investigation, and inform
them of the action being recommended.
i. The complainant and the respondent or respondents may
submit statements to the Director of Health and Human
Services challenging the factual basis of the findings. Any
such statement must be submitted no later than five (5)
business days after the meeting with the Director of Health
and Human Services in which the findings of the
investigation are discussed.
j. If the recommendation is any disciplinary action other than
termination, then within ten business (10) days from the date
that the Director of Health and Human Services meets with
the complainant and respondent or respondents, the Director
of Health and Human Services will review the investigative
report and any statements submitted by the complainant and
respondent or respondents; discuss results of the
investigation with the County Administrator, the County
Attorney, and other management staff as may be appropriate;
and decide what action, if any, will be taken. The Director
of Health and Human Services will report the decision to the
respondent or respondents and the appropriate management
staff assigned to the department or departments in which the
complainant and the respondent or respondents work. The
decision will be in writing and will include findings of fact
and a statement for or against disciplinary action. If
disciplinary action is to be taken, the respondent or
respondents will be informed of the nature of the discipline
and how it will be executed.
k. If the recommendation is termination, then the Director of
Health and Human Services will make the recommendation
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PR-13 Anti-Harassment and Complaint Procedure Page 9
at the next regularly scheduled meeting of the Board of
County Commissioners. Within five (5) business days
following the Board of County Commissioners’ decision
regarding the recommendation of termination, the Director
of Health and Human Services will report the Board’s
decision to the respondent or respondents and the appropriate
management staff assigned to the department or departments
in which the respondent or respondents work. The decision
will be in writing and will include findings of fact and a
statement for or against disciplinary action. If disciplinary
action is to be taken, the respondent or respondents will be
informed of the nature of the discipline and how it will be
executed.
H. Confidentiality
1. The Employee Assistance Program (EAP) provides confidential
counseling services to County Employees. An employee who
wishes to discuss an incident confidentially or to seek information
and advice of a personal nature is encouraged to contact the EAP.
The EAP’s role in such cases will be limited to personal counseling
and treatment for the person who is then an EAP client. Contacting
the EAP will not qualify as notification to the County of a potential
Harassment, including Sexual Harassment, issue.1
2. During the complaint process, the confidentiality of the information
received, the privacy of the individuals involved, and the wishes of
the complainant will be protected to the greatest extent permitted by
applicable law. The expressed wishes of the complainant for
confidentiality will be considered in the context of the County’s
legal obligation to act on the charge and the right of the respondent
or respondents to obtain information. In most cases, however,
confidentiality will be strictly maintained by the County and those
involved in the investigation. In addition, any notes or documents
written by or received by the person or persons conducting the
investigation will be kept confidential to the greatest extent
permitted by applicable law.
I. Alternative Legal Remedies
Nothing in this Policy may prevent the complainant and the respondent or
respondents from pursuing formal legal remedies or resolution through
local, State, or federal agencies or the courts.
1 See Policy No. EB-14 Employee Assistance Program (EAP) for information on offered services.
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PR-13 Anti-Harassment and Complaint Procedure Page 10
Policy Actions
Action Taken Approval Date Effective Date
HARASSMENT/DISCRIMINATION INVESTIGATION
COMPLAINT AND CONSENT FORM
Washington County maintains a policy that all of its employees should be free from any form of
harassment and discrimination. As part of that policy, the County is committed to investigating
claims of harassment and discrimination and taking appropriate disciplinary or other actions when
the facts show that harassment or discrimination has occurred. So that Washington County may
conduct an investigation of your concerns, please complete and submit this form to the County
Attorney.
Complainant’s Name: Date:
I wish to file a complaint regarding the following event(s):
Provide any and all information pertinent to what has occurred, including the names of witnesses, events,
dates, times, places, and what was said and done. Attach additional sheets if necessary.
I, , hereby consent to Washington County’s conduct of a
complete and thorough investigation of the above complaint. I further authorize Washington
County representatives to disclose to others, as necessary, on a need-to-know basis, and as required
by law, certain of the information that I have provided or that I may provide in the future. I
understand that disclosure of certain information that I have provided on this form or in the future
may be necessary to ensure that a complete investigation can be conducted. I acknowledge that I
have read and understand the contents of this consent statement.
Complainant’s Signature Date
If you do not wish for the County to disclose certain information that you have provided,
please specify that information in detail below. The County will attempt to honor your
request to an extent that is consistent with the County’s obligation to identify and correct
instances of harassment and discrimination.
By signing this form, I acknowledge that the information I have provided is true and
accurate to the best of my knowledge and recollection. I agree to fully and honestly
cooperate with the investigation that the County will conduct as a result of this complaint.
Complainant’s Signature Date
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POLICY TITLE: Violence in the Workplace
POLICY NO.: PR-21
I. GENERAL POLICY
All employees have the right to work in an environment free from threats,
intimidation, and violence. Such behavior, in any form, will not be tolerated in the
County Workplace.
II. PURPOSE
This Policy describes unacceptable behavior and establishes guidelines for
reporting, investigating, and addressing situations in the Workplace which involve
threatening acts, intimidation, or violence.
III. SCOPE
This Policy applies to all Employees as defined herein.
IV. DEFINITIONS
The following terms as used in this Policy are defined as follows:
A. “Employee” or “Employees” means elected and appointed officials,
department heads, division directors, all full- and part-time employees,
board and commission members, and unpaid volunteers.
B. “Law Enforcement Personnel” are as defined in the Annotated Code of
Maryland, Article 27, Section 36F, as from time to time amended.
C. “Person” and “Persons” include one or more individuals, associations,
corporations, partnerships, or unincorporated associations.
D. “Threat” means the implication or expression of intent to inflict physical
harm or actions that a reasonable person would interpret as a threat to
physical safety or property.
E. “Threaten” means to menace or to express, through oral, written, or any
other means, an intrusion to inflict pain, injury, or harm upon a person or
thing.
F. “Violence” and “Violent Act” mean physical force or verbal abuse exerted
for the purpose of intimidation or for the purpose of harming, damaging, or
causing injury to persons or property.
PR-21 Violence in the Workplace Page 2
G. “Weapon” means guns, knives, or any other instruments which can be used
to cause injury in an unlawful manner.
H. “Workplace” means any location, either permanent or temporary, where an
employee performs any work-related duty. This includes, but is not limited
to, the buildings and the surrounding perimeters, including the parking lots,
field locations, alternate work locations, and travel to and from work
assignments.
IV. PROHIBITED ACTIVITIES
A. Employees are prohibited from engaging in the following activities during
the course of employment with the County:
1. Threatening or committing any Violent Act against another Person
or Employee in the Workplace;
2. Intentionally and/or maliciously damaging or destroying the
property of another person or Employee;
3. Bringing Weapons of any kind onto County property without written
permission from both the County Administrator and the County
Attorney, except that Law Enforcement Personnel may possess
legally authorized Weapons.
V. PROCEDURE
A. Managing the Violent Situation
1. Contacting Law Enforcement Personnel
a. Employees are encouraged to seek the immediate assistance
of Law Enforcement Personnel when confronted with
situations which are Violent, or which have the potential of
becoming Violent. If a telephone can be safely accessed, an
employee should dial “9-1-1,” should describe the situation
and location where the incident is occurring, and, if possible,
should maintain telephone contact with the “9-1-1”
dispatcher until the police arrive, or until the “9-1-1”
dispatcher indicates the call may be ended.
2. Other Actions
a. When confronted by a verbally abusive Person or Persons,
an Employee should undertake the following actions if able
to do so safely:
PR-21 Violence in the Workplace Page 3
i. Attempt to restore calm by courteously asking the
Person or Persons to cease their verbally abusive
actions;
ii. Notify a supervisory Employee of the situation as
soon as possible; and
iii. Request the assistance and aid of fellow Employees.
b. When confronted by a Person or Persons Threatening bodily
harm, an Employee should undertake the following actions if
able to do so safely:
i. Leave the presence of the Threatening Person;
ii. Notify a supervisory Employee of the situation as
soon as possible; or
iii. Contact law enforcement personnel if necessary.
c. When an Employee observes a Person, other than Law
Enforcement Personnel, possessing a Weapon while on
County property, an Employee should immediately call Law
Enforcement Personnel.
C. Reporting the Violent or Threatening Act or Situation
1. An Employee who has witnessed a Violent Act or Threat of
Violence in a County Workplace, or who has knowledge of facts
causing the Employee to reasonably believe a Violent situation is
present or is Threatened in the County Workplace, shall
immediately report the act or situation to:
a. His or her immediate supervisor;
b. His or her department head or division director; or
c. The County Attorney.
2. A supervisor who has witnessed a Violent Act or Threat of Violence
in a County Workplace, who has knowledge of facts reasonably
causing him or her to believe a Violent situation is present or is
Threatened in a County Workplace, or who has received a report
from an Employee that a Violent Act or Threat occurred or exists in
a County Workplace, shall immediately report the act or situation to:
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PR-21 Violence in the Workplace Page 4
a. The department head or division director; or
b. The County Attorney.
3. After receiving a report that a Violent Act or Threat of Violence has
occurred, or that a Violent situation or Threat occurred or exists in a
County Workplace, the department head or division director and the
County Attorney shall immediately report the matter to the County
Administrator and the Director of Health and Human Services,
orally and in writing.
4. In making reports under this policy, an employee shall provide as
much factual information and detail as possible and shall reduce
their report to writing.
D. Investigation of Violent or Threatening Acts of Situations
1. To the extent practicable, appropriate, and required by applicable
law, confidentiality will be maintained throughout the investigatory
process.
2. The Director of Health and Human Services, with the assistance of
the County Attorney or other legal counsel or other appropriate
management employees, will conduct any investigations under this
Policy unless the County Administrator determines otherwise.
3. All Employees have a duty to cooperate in any investigation
conducted under this Policy.
VI. DISCIPLINE
A. Discipline for Employees Engaging in Prohibited Conduct
An employee who has engaged in prohibited conduct under this Policy will
be disciplined. Appropriate discipline will be determined by the County
Administrator after consultation with the Employee’s department head or
division director, the Director of Health and Human Services, and the
County Attorney, and may include reprimand, demotion, suspension
without pay, and/or recommendation for termination.
B. Discipline for Other Violations of this Policy
An Employee who fails to report Violent or Threatening Acts or situations
as required by this Policy, or who fails to cooperate with investigations
conducted under this Policy, will be disciplined. Appropriate discipline will
be determined by the County Administrator after consultation with the
Employee's department head or division director, the Director of Health and
Human Services, and the County Attorney, and may include reprimand,
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PR-21 Violence in the Workplace Page 5
demotion, suspension without pay, and/or recommendation for termination.
VII. GENERAL PROVISIONS
A. The Employee Assistance Program (EAP) is available to all County
Employees and includes counseling and referral services. Employees
should use the services of the EAP to prevent and deal with Violent Acts
and situations and Threats of Violence occurring in the Workplace.1
B. Recommendations and suggestions from Employees for improving security
and reducing the risk of Violence and Threats in the Workplace are
encouraged and should be made in writing to the Employee's department
head or division director, the Director of Health and Human Services, the
County’s Safety Administrator, or the County’s Safety Committee.
C. Because the County does not tolerate Threats, intimidation or Violence in
its Workplaces, the County will, to the extent practicable, appropriate, and
permitted by law, investigate any incident involving a non-employee and
will take any action necessary to remove Threats posed by non-employees.
The County encourages the reporting of all incidents covered by the terms
of this Policy, regardless of the offender’s identity, in accordance with the
procedures established in this Policy.
1 See Policy No. EB-14 Employee Assistance Program (EAP) for information on available services.
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PR-21 Violence in the Workplace Page 6
Policy Actions
Action Taken Approval Date Effective Date
POLICY TITLE: Whistleblower Policy
POLICY NO.: PR-26
I. PURPOSE
The Board of County Commissioners expects officers and Employees to observe
high standards of business and personal honesty, integrity, and ethics in the conduct
of their duties. This Policy is intended to enable Employees to raise concerns about
violations of law, gross waste of County funds or property, or gross neglect of duty
committed by County officers, Employees, or Independent Contractors.
II. DEFINITIONS
Unless otherwise specified, the following terms have the meanings indicated:
A. “County” means the Board of County Commissioners of Washington
County, Maryland.
B. “Employee” or “Employees” means a person or persons employed by the
County.
C. “Adverse Personnel Action” means the discharge, suspension, transfer, or
demotion of an Employee or the withholding of bonuses, the reduction in
salary or benefits, or any other adverse action taken against an Employee.
D. “Independent Contractor” means a person or entity, other than an
Employee, who is engaged in a business and who enters into a contract with
the County to provide goods or services to the County.
E. “Whistleblower” means an Employee who reports an activity that he or she,
in good faith, considers a violation of law, gross waste of County funds or
property, or gross neglect of duty committed by County officers, Employees
or Independent Contractors.
III. EMPLOYEES PROTECTED
This Policy protects the following:
A. Whistleblowers who disclose information in a written and signed complaint
form as provided in Section V of this Policy;
B. Employees who participate in an investigation, hearing, or other inquiry
conducted by the County; and
C. Employees who refuse to participate in an adverse action prohibited by this
Policy.
PR-26 Whistleblower Policy Page 2
IV. RETALIATION PROHIBITED
A. The County shall not dismiss, discipline, or take any other Adverse
Personnel Action against a protected Employee as defined in Section III of
this Policy.
B. The provisions of this Policy shall not be applicable if an Employee
discloses information known by the Employee to be false.
C. No immunity is provided under this Policy to any person for his or her own
wrongdoing.
V. REPORTING PROCESS
A. An Employee wishing to disclose information consistent with Section VI of
this Policy must file a written and signed complaint form with the County
Attorney.
B. An Employee wishing to disclose information concerning an Adverse
Personnel Action prohibited by this Policy must file a written and signed
complaint form with the County Attorney within sixty (60) days of the
Employee having received notice of the Adverse Personnel Action
prohibited by this Policy.
C. The complaint form referenced in this Section V is available upon request
from the County Attorney’s Office, the Division of Health and Human
Services, or on the County’s intranet site at http://intranet.washco-md.net.
D. Upon receipt of a signed and written complaint form, County Attorney will
review the complaint and consult with the appropriate staff for investigation
or other resolution.
E. If the information to be disclosed by an Employee concerns or involves the
County Attorney, disclosure will be made to the County Administrator.
VI. NATURE OF WHISTLEBLOWER INFORMATION
The information disclosed by an Employee must concern at least one (1) of the
following:
A. A violation or suspected violation of a federal, State, or local law, rule, or
regulation, committed by an officer or Employee of the County or an
Independent Contractor;
B. An act of gross mismanagement, gross waste of public funds, or gross
neglect of duty committed by an officer or an Employee of the County or an
Independent Contractor; or
C. An Adverse Personnel Action against a protected Employee as defined in
Section III of this Policy.
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PR-26 Whistleblower Policy Page 3
VII. RULES AND PROCEDURES
The County Administrator is authorized to promulgate such other rules and
procedures necessary to effectuate the intent of this Policy.
PR-26 Whistleblower Policy Page 4
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 and the Washington County
Agricultural 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.
C. Notice of this Policy will be given to employees in writing with formal and
informal reminders as necessary for implementation and enforcement.
1 See Policy No. PR-25 Use of Official Cars and Equipment for guidelines on permitted uses of County
vehicles.
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subject to this Policy will establish designated tobacco use areas
with the approval of the Director of Public Works.¶
PR-36 Tobacco Free Campus Page 2
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 and the Washington County
Agricultural 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.
C. Notice of this Policy will be given to employees in writing with formal and
informal reminders as necessary for implementation and enforcement.
1 See Policy No. PR-25 Use of Official Cars and Equipment for guidelines on permitted uses of County
vehicles.
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subject to this Policy will establish designated tobacco use areas
with the approval of the Director of Public Works.¶
PR-36 Tobacco Free Campus Page 2
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: Anti-Discrimination and Complaint Procedure
POLICY NO.: PR-37
I. PURPOSE
The purpose of this Policy is to establish formal guidelines to ensure that County
employees, potential employees, and volunteers of Washington County may work in
an environment free from Discrimination or actions of a Discriminating nature.
II. GENERAL POLICY
The Board of County Commissioners strives to create and maintain a work
environment in which people are treated with dignity, decency, and respect. The
environment of the County should be characterized by mutual trust and the absence of
intimidation, oppression, and exploitation. Employees should be able to work and
learn in a safe, yet stimulating, atmosphere. The accomplishment of this goal is
essential to the County’s mission. For that reason, the Board of County
Commissioners will not tolerate unlawful Discrimination of any kind. Through
enforcement of this Policy, and by education of Employees, the County will seek to
prevent, correct, and discipline behavior that violates this Policy.
III. SCOPE
This Policy applies to all Employees as defined herein.
IV. DEFINITIONS AND PROHIBITED CONDUCT
The Board of County Commissioners, in compliance with all applicable federal,
State, and local Discrimination laws and regulations, enforces this Policy in
accordance with the following definitions and guidelines:
A. Definition of “Employee” or “Employees”
For purposes of this Policy, “Employee” or “Employees” means elected and
appointed officials, department heads, division directors, all full- and part-
time employees, board and commission members, and unpaid volunteers.
B. The Board of County Commissioners prohibits Discrimination of any kind
as defined herein, and will take appropriate and immediate action in
response to complaints or knowledge of violations of this Policy.
C. Discrimination
1. It is a violation of this Policy and, therefore, prohibited conduct, to
discriminate in the provision of employment opportunities, benefits, or
Formatted: Top: 1.13"
PR-37 Anti-Discrimination and Complaint Procedure Page 2
privileges; to create discriminatory work conditions; or to use
discriminatory evaluative standards in employment if the basis of that
discriminatory treatment is, in whole or in part, the person’s race,
color, national origin, age, religion, disability status, gender, sexual
orientation, gender identity, genetic information, or marital status.
2. The discrimination that is prohibited conduct under this Policy may
also be strictly prohibited by a variety of federal, State, and local laws,
including, but not limited to, Title VII of the Civil Rights Act of 1964,
the Age Discrimination Act of 1975, and the Americans with
Disabilities Act of 1990. This Policy is intended to comply with the
prohibitions stated in these and other applicable anti-discrimination
laws.
D. Types of Prohibited Discrimination and Associated Laws
1. Age Discrimination – Age discrimination involves treating an
applicant or employee less favorably because of his or her age in
any aspect of employment, including hiring, firing, pay, job
assignments, promotions, layoffs, training, benefits, and any other
term or condition of employment. The Age Discrimination in
Employment Act of 1967 (ADEA) prohibits age discrimination
against people who are age forty (40) or older.
2. Disability Discrimination – Disability discrimination occurs when
an employer or other entity covered by Title I and Title V of the
Americans with Disabilities Act of 1990, as amended, or the
Rehabilitation Act of 1973, as amended, treats a qualified individual
with a disability who is an employee or applicant unfavorably
because he or she has a disability or a history of a disability or is
believed to have a physical or mental impairment that is not
transitory and minor. Disability discrimination also occurs when an
employer or other entity treats an employee or applicant unfavorably
on the basis that he or she has a relationship with a disability.
Disability discrimination may occur in any aspect of employment,
including hiring, firing, pay, job assignments, promotions, layoffs,
training, benefits, and any other term or condition of employment,
including not making reasonable accommodation to the known
physical or mental limitations of an otherwise qualified individual
with a disability who is an applicant or employee when making such
reasonable accommodation would not cause undue hardship.
3. Equal Pay/Compensation Discrimination – Equal pay/compensation
discrimination involves the inequality in wages between men and
women and is illegal under the Equal Pay Act of 1963, as amended,
the Lilly Ledbetter Fair Pay Act of 2009, as amended, and Title VII
of the Americans with Disabilities Act of 1990, as amended. The
PR-37 Anti-Discrimination and Complaint Procedure Page 3
Equal Pay Act requires that men and women in the same workplace
be given equal pay for equal work. The jobs need not be identical,
but they must be substantially equal. Job content, not job titles,
determines whether jobs are substantially equal. All forms of pay
are covered, including salary, overtime pay, bonuses, stock options,
profit sharing and bonus plans, life insurance, vacation and holiday
pay, cleaning or gasoline allowances, hotel accommodations,
reimbursement for travel expenses, and benefits. If there is an
inequality in wages between men and women, employers may not
reduce the wages of either sex to equalize their pay.
4. Genetic Information Discrimination – Genetic information
discrimination involves the use of genetic information in making
employment decisions and is illegal under Title II of the Genetic
Information Nondiscrimination Act of 2008 (GINA). GINA also
restricts employers’ acquisition of genetic information and strictly
limits disclosure of genetic information. Genetic information
includes information about an individual’s genetic tests and the
genetic tests of an individual’s family members, as well as
information about the manifestation of a disease or disorder in an
individual’s family members. Genetic information includes family
medical history. Genetic information also includes an individual’s
request for, or receipt of, genetic services, or the participation in
clinical research that includes genetic services by the individual or a
family member of the individual, and the genetic information of a
fetus carried by an individual or by a pregnant woman who is a
family member of the individual and the genetic information of any
embryo legally held by the individual or family member using an
assisted reproductive technology. Discrimination on the basis of
genetic information is illegal with regard to any aspect of
employment, including hiring, firing, pay, job assignments,
promotions, layoffs, training, fringe benefits, or any other term or
condition of employment. An employer may never use genetic
information to make an employment decision because genetic
information is not relevant to an individual’s current ability to work.
5. Harassment – Harassment is a form of employment discrimination
that violates Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act of 1967 (ADEA), and the
Americans with Disabilities Act of 1990 (ADA). While harassment
is included in this Policy as a type of prohibited discrimination,
Washington County maintains a separate policy that specifically
deals with harassment, including sexual harassment. See Policy No.
PR-13 Anti-Harassment and Complaint Procedure.
6. National Origin Discrimination – National origin discrimination
involves treating people (applicants or employees) unfavorably
PR-37 Anti-Discrimination and Complaint Procedure Page 4
because they are from a particular country or part of the world,
because of ethnicity or accent, or because they appear to be of a
certain ethnic background even if they are not. National origin
discrimination also can involve treating people unfavorably because
they are married to or associated with a person of a certain national
origin. Title VII of the Civil Rights Act of 1964, as amended,
protects applicants and employees from discrimination in hiring,
promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment, on the
basis of national origin.
7. Pregnancy Discrimination – Pregnancy discrimination involves
treating a woman (applicant or employee) unfavorably because of
pregnancy, childbirth, or a medical condition related to pregnancy or
childbirth. The Pregnancy Discrimination Act (PDA) forbids
discrimination based on pregnancy. Discrimination on the basis of
pregnancy is illegal with regard to any aspect of employment,
including hiring, firing, pay, job assignments, promotions, layoffs,
training, fringe benefits, or any other term or condition of
employment. If a woman is temporarily unable to perform her job
due to a medical condition related to pregnancy or childbirth, she
must be treated in the same way as any other temporarily disabled
employee must be treated. For example, the employer may have to
provide light duty, alternative assignments, disability leave, or
unpaid leave to pregnant employees if it does so for other
temporarily disabled employees.1
8. Race and Color Discrimination – Race discrimination involves
treating an individual (applicant or employee) unfavorably because
he or she is of a certain race or because of personal characteristics
associated with race (such as hair texture, skin color, or certain
facial features). Color discrimination involves treating an individual
unfavorably because of skin color complexion. Race and color
discrimination also can involve treating someone unfavorably
because the person is married to or associated with a person of a
certain race or color. Title VII of the Civil Rights Act of 1964, as
amended, protects applicants and employees from discrimination in
hiring, promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment, on the
basis of race or color.
9. Religious Discrimination – Religious discrimination involves
treating a person (applicant or employee) unfavorably because of his
or her religious beliefs. The law protects not only people who
belong to traditional, organized religions, such as Buddhism,
1 See Policy No. PR-32 Reasonable Accommodation Due to Pregnancy.
PR-37 Anti-Discrimination and Complaint Procedure Page 5
Christianity, Hinduism, Islam, and Judaism, but also others who
have sincerely held religious, ethical, or moral beliefs. Religious
discrimination can also involve treating someone differently because
that person is married to or associated with an individual or a
particular religion. Title VII of the Civil Rights Act of 1964, as
amended, protects applicants and employees from discrimination in
hiring, promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment, on the
basis of religion or sincerely held religious, ethical, or moral beliefs.
10. Sex-Based Discrimination – Sex-based discrimination involves
treating an individual (applicant or employee) unfavorably because
of the individual’s sex. Discrimination against an individual
because of gender identity, including transgender status, or because
of sexual orientation, is discrimination because of sex in violation of
Title VII of the Civil Rights Act of 1964, as amended. Title VII of
the Civil Rights Act of 1964, as amended, protects applicants and
employees from discrimination in hiring, promotion, discharge, pay,
fringe benefits, job training, classification, referral, and other aspects
of employment, on the basis of sex, gender identity, and sexual
orientation.
11. Sexual Harassment – Sexual harassment is a form of employment
discrimination that violates Title VII of the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967 (ADEA),
and the Americans with Disabilities Act of 1990 (ADA). While
sexual harassment is included in this Policy as a type of prohibited
discrimination, Washington County maintains a separate policy that
specifically deals with sexual harassment, together with harassment
of a non-sexual nature. See Policy No. PR-13 Anti-Harassment and
Complaint Procedure.
12. The types of discrimination addressed in this Policy also constitute
potential violations of the Civil Rights Act of 1991, as amended,
which provides monetary damages in cases of intentional
employment discrimination.
13. The U.S. Equal Employment Opportunity Commission (EEOC)
enforces all of the laws addressed in this Policy, together with other
federal, State, and local laws as applicable. The EEOC also
provides oversight and coordination of all federal equal employment
opportunity regulations, practices, and policies which will be
consulted in interpreting and implementing this Policy.
E. Retaliation
1. Retaliation is the punishment of job applicants or employees for
PR-37 Anti-Discrimination and Complaint Procedure Page 6
asserting their rights to be free from all types of employment
discrimination, including harassment.2
2. All of the laws addressed in this Policy, together with other federal,
State, and local laws as applicable [collectively, the equal
employment opportunity (EEO) laws], prohibit retaliation.
Retaliation is prohibited conduct under this Policy.
3. An employee’s assertion of his or her rights under the EEO laws is
called “protected activity” which can take many forms. The
following examples of protected activity are intended to be guidelines
and are not exclusive when determining acts that constitute protected
activity under this Policy or all applicable laws:
a. Filing or being a witness or investigator in an EEO charge,
complaint, investigation, or lawsuit;
b. Communicating with a supervisor or manager about
employment discrimination, including harassment;3
c. Answering questions during an employer investigation of
alleged harassment;4
d. Refusing to follow orders that would result in discrimination;
e. Resisting sexual advances, or intervening to protect others;5
f. Requesting accommodation of a disability6 or for a religious
practice;
g. Asking managers or co-workers about salary information to
uncover potentially discriminatory wages;
h. Participating in a complaint process;7
i. Other acts to oppose discrimination as long as the employee
was acting on a reasonable belief that something in the
workplace may violate the EEO laws, even if he or she did
not use legal terminology to describe it.
2 See also Policy No. PR-13 Anti-Harassment and Complaint Procedure.
3 See also Policy No. PR-13 Anti-Harassment and Complaint Procedure.
4 See also Policy No. PR-13 Anti-Harassment and Complaint Procedure.
5 See also Policy No. PR-13 Anti-Harassment and Complaint Procedure.
6 See also Policy No. PR-31 Americans with Disabilities Act (ADA) and Americans with Disabilities
Amendments Act (ADAAA).
7 See also Policy No. PR-13 Anti-Harassment and Complaint Procedure.
PR-37 Anti-Discrimination and Complaint Procedure Page 7
4. Engaging in protected activity does not shield an employee from all
discipline or discharge. Employers are free to discipline or
terminate workers if the discipline or termination is motivated by
non-retaliatory and non-discriminatory reasons that would otherwise
result in such consequences.
5. An employer is not allowed to take any action in response to
protected activity that would discourage an individual from resisting
or complaining about future discrimination.
6. The following examples of potential retaliation are intended to be
guidelines and are not exclusive when determining whether there has
been a violation of this Policy:
a. Reprimanding an employee or giving a performance
evaluation that is lower than it should be;
b. Transferring an employee to a less desirable position;
c. Engaging in verbal or physical abuse;
d. Threatening to make or actually making reports to
authorities, such as reporting immigration status or
contacting the police;
e. Increasing scrutiny;
f. Spreading false rumors or treating a family member
negatively, e.g., canceling a contract with an employee’s
spouse; or
g. Making an employee’s work more difficult, e.g., punishing
an employee for filing an EEO complaint by purposefully
changing his or her work schedule to conflict with family
responsibilities.
F. Compliance with Policy and Applicable Laws
All Employees are expected to comply with this Policy and to take
appropriate measures to ensure that the conduct prohibited herein does not
occur. Appropriate disciplinary action will be taken against any Employee
who violates this Policy. Based on the seriousness of the offense,
disciplinary action may include verbal or written reprimand, suspension, or
termination of employment.
G. Complaint Procedure
PR-37 Anti-Discrimination and Complaint Procedure Page 8
1. The Board of County Commissioners will courteously treat any
person who invokes the complaint procedure under this Policy. The
County will handle all complaints swiftly and confidentially, to the
greatest extent permitted by applicable law, in light of the need to
take appropriate corrective action. Lodging a complaint will in no
way be used against an Employee or have an adverse impact on the
Employee’s employment status. Because of the damaging nature of
all types of discrimination against victims and the entire workforce,
aggrieved Employees are strongly urged to use this procedure.
However, filing groundless or malicious complaints is an abuse of
this Policy and will be treated as a violation thereof.
2. The Board of County Commissioners has established the following
procedure for lodging a complaint of discrimination or retaliation.
The County will treat all aspects of the complaint procedure in
accordance with the confidentiality provisions of this Policy.
a. An individual may initiate the complaint procedure under
this Policy by filing a complaint in writing with the County
Attorney. No formal action will be taken against any person
under this Policy unless the County Attorney has received a
written and signed Harassment/Discrimination Investigation
Consent Form containing sufficient details to determine
whether this Policy may have been violated. The
complainant [the person filing the complaint] may obtain a
copy of the Harassment/Discrimination Investigation
Consent Form from the County Attorney’s Office, the
Department of Human Resources, or online as part of this
Policy made available by the Department of Human
Resources at www.washco-md.net. If a supervisor or
manager becomes aware that discrimination has occurred or
is occurring, either from personal observation or as a result
of an Employee’s report, the supervisor or manager must
immediately report the conduct to the County Attorney.
b. Upon receiving a complaint or being advised by a supervisor
or manager that violation of this Policy may be occurring,
the County Attorney will notify the County Administrator
and the Director of Health and Human Services and review
the Complaint with the County Administrator and the
Director of Health and Human Services.
c. Within five (5) business days of receiving a complaint, the
Director of Health and Human Services will notify the
respondent or respondents [the person or persons charged in
the complaint] of a complaint filing and initiate the
investigation to determine whether there is a reasonable basis
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PR-37 Anti-Discrimination and Complaint Procedure Page 9
for believing that an alleged violation of this Policy
occurred.
d. During the investigation, the Director of Health and Human
Services, together with the assistance of the County Attorney
or other legal counsel or other appropriate management
employees, will interview the complainant, the respondent or
respondents, and any witnesses to determine whether the
alleged conduct occurred.
e. Within fifteen (15) business days of the matter being referred
to the Director of health and Human Services by the County
Attorney, the Director of Health and Human Services,
together with other persons conducting the investigation will
conclude the investigation and submit a written report of the
investigative findings to the County Administrator and the
County Attorney.
f. If the investigation determines that discrimination or
retaliation occurred in violation of this Policy, the Director
of Health and Human Services, with the advice of the
County Administrator and the County Attorney, will
recommend appropriate disciplinary action. The appropriate
disciplinary action will depend on the following factors: (i)
the severity, frequency, and pervasiveness of the conduct;
(ii) prior complaints made by the complainant; (iii) prior
complaints made against the respondent or respondents; and
(iv) the quality of the evidence (e.g., first-hand knowledge,
credible corroboration).
g. If the investigation is inconclusive or if the investigation
determines that there has been no violation of this Policy, but
potentially problematic conduct may have occurred, the
Director of Health and Human Services, with the advice of
the County Administrator and the County Attorney, may
recommend appropriate preventive action.
h. Within five (5) business days after the investigation is
concluded and a recommendation is determined, the Director
of Health and Human Services will meet with the
complainant and the respondent or respondents separately,
notify them of the findings of the investigation, and inform
them of the action being recommended.
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i. The complainant and the respondent or respondents may
submit statements to the Director of Health and Human
Services challenging the factual basis of the findings. Any
such statement must be submitted no later than five (5)
business days after the meeting with the Director of Health
and Human Services in which the findings of the
investigation are discussed.
j. If the recommendation is any disciplinary action other than
termination, then within ten (10) business days from the date
that the Director of Health and Human Services meets with
the complainant and respondent or respondents, the Director
of Health and Human Services will review the investigative
report and any statements submitted by the complainant and
respondent or respondents; discuss results of the
investigation with the County Administrator, the County
Attorney, and other management staff as may be appropriate;
and decide what action, if any, will be taken. The Director
of Health and Human Services will report the decision to the
respondent or respondents and the appropriate management
staff assigned to the department or departments in which the
complainant and the respondent or respondents work. The
decision will be in writing and will include findings of fact
and a statement for or against disciplinary action. If
disciplinary action is to be taken, the respondent or
respondents will be informed of the nature of the discipline
and how it will be executed.
k. If the recommendation is termination, then the Director of
Health and Human Services will make the recommendation
at the next regularly scheduled meeting of the Board of
County Commissioners. Within five (5) business days
following the Board of County Commissioners’ decision
regarding the recommendation of termination, the Director
of Health and Human Services will report the Board’s
decision to the respondent or respondents and the appropriate
management staff assigned to the department or departments
in which the respondent or respondents work. The decision
will be in writing and will include findings of act and a
statement for or against disciplinary action. If disciplinary
action is to be taken, the respondent or respondents will be
informed of the nature of the discipline and how it will be
executed.
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PR-37 Anti-Discrimination and Complaint Procedure Page 11
H. Confidentiality
1. The Employee Assistance Program (EAP) provides confidential
counseling services to County Employees. An employee who
wishes to discuss an incident confidentially or to seek information
and advice of a personal nature is encouraged to contact the EAP.
The EAP’s role in such cases will be limited to personal counseling
and treatment for the person who is then an EAP client. Contacting
the EAP will not qualify as notification to the County of a potential
discrimination issue.8
2. During the complaint process, the confidentiality of the information
received, the privacy of the individuals involved, and the wishes of
the complainant will be protected to the greatest extent permitted by
applicable law. The expressed wishes of the complainant for
confidentiality will be considered in the context of the County’s
legal obligation to act on the charge and the right of the respondent
or respondents to obtain information. In most cases, however,
confidentiality will be strictly maintained by the County and those
involved in the investigation. In addition, any notes or documents
written by or received by the person or persons conducting the
investigation will be kept confidential to the greatest extent
permitted by applicable law.
I. Alternative Legal Remedies
Nothing in this Policy may prevent the complainant and the respondent or
respondents from pursuing formal legal remedies or resolution through
local, State, or federal agencies or the courts.
8 See Policy No. EB-14 Employee Assistance Program (EAP) for information on offered services.
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PR-37 Anti-Discrimination and Complaint Procedure Page 12
Policy Actions
Action Taken Approval Date Effective Date
HARASSMENT/DISCRIMINATION INVESTIGATION
COMPLAINT AND CONSENT FORM
Washington County maintains a policy that all of its employees should be free from any form of
harassment and discrimination. As part of that policy, the County is committed to investigating
claims of harassment and discrimination and taking appropriate disciplinary or other actions when
the facts show that harassment or discrimination has occurred. So that Washington County may
conduct an investigation of your concerns, please complete and submit this form to the County
Attorney.
Complainant’s Name: Date:
I wish to file a complaint regarding the following event(s):
Provide any and all information pertinent to what has occurred, including the names of witnesses, events,
dates, times, places, and what was said and done. Attach additional sheets if necessary.
I, , hereby consent to Washington County’s conduct of a
complete and thorough investigation of the above complaint. I further authorize Washington
County representatives to disclose to others, as necessary, on a need-to-know basis, and as required
by law, certain of the information that I have provided or that I may provide in the future. I
understand that disclosure of certain information that I have provided on this form or in the future
may be necessary to ensure that a complete investigation can be conducted. I acknowledge that I
have read and understand the contents of this consent statement.
Complainant’s Signature Date
If you do not wish for the County to disclose certain information that you have provided,
please specify that information in detail below. The County will attempt to honor your
request to an extent that is consistent with the County’s obligation to identify and correct
instances of harassment and discrimination.
By signing this form, I acknowledge that the information I have provided is true and
accurate to the best of my knowledge and recollection. I agree to fully and honestly
cooperate with the investigation that the County will conduct as a result of this complaint.
Complainant’s Signature Date
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PR-39 Cell Phone Use During Board Meetings and Proceedings Page 1
POLICY TITLE: Cell Phone Use During Board Meetings and Proceedings
POLICY NO.: PR-39
I. PURPOSE
The purpose of this Policy is to promote decorum and propriety, as well as to
protect the confidentiality and lawfulness, of all meetings and proceedings
conducted by the Board. This Policy is also intended to enhance the quality and
quantity of productivity in the workplace.
II. SCOPE
A. This Policy applies to all Employees, defined for purposes of this Policy, as
all elected and appointed officials, department heads, division directors, all
full- and part-time employees, board and commission members, and unpaid
volunteers.
B. This Policy applies to Employees’ use of all cell phones, whether owned by
the County or Employees, during open and closed meetings and
proceedings conducted by and before the Board.
III. GENERAL POLICY
Except as otherwise provided herein, Employees’ use of cell phones is prohibited during
all open and closed meetings and proceedings conducted by and before the Board.
This Policy applies regardless of the location of such meetings or proceedings.
However, cell phones may be used to take photos and to check business- and
emergency-related electronic communications.
Policy Actions
Action Taken Approval Date Effective Date
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or before the Board, Employees will turn off all cell phones in their
possession and place them in a non-visible location until the meeting
or proceeding has concluded.
Section Break (Next Page)
SUBJECT: IT Reclassification & Reorganization of Duties
PRESENTATION DATE: November 7, 2017
PRESENTATION BY: Ronald Whitt, IS Director, Stephanie Stone, Director of Health and
Human Services
RECOMMENDEDATION: Motion to approve the reclassification of various positions and
advertisement of the proposed trainer position and move to eliminate a budgeted position.
REPORT-IN-BRIEF: In November 2016, a vacancy occurred in the department of Information
Technology for a Technical Support Analyst II, Grade 13 position.
At that time, I decided to rearrange some duties and responsibilities and reassign the Technical
Analyst Support II’s duties amongst my current staff and wanted to take a “wait and see
approach” so that I could fully determine what specific needs IT would be required to address as
Washington County migrated several business applications and processes into vendor provided
cloud based platforms.
I have determined that the best option for the County moving forward would be to transition the
current job vacancy (IT Technical Support Analyst II, Grade 13) and hire an IT Training
Specialist at a Grade 11 and whose duties would focus on training County staff in the new cloud
based software platforms from Oracle, Microsoft (Word, Excel, Office 365, email clients),
Windows 10, Laserfiche, IT security and risk awareness, create online end user documentation
(How To Guides and Tip Sheets), provide end user telephone and help desk ticket support and
assist in maintaining system documentation.
Additionally, the rearranged and the reassigned Technical Support Analyst II duties and
responsibilities that were previously reassigned would remain with those staff members and
include additional duties and responsibilities that have been created by our migration to cloud
based systems.
o Vacant Technical Support Analyst II Grade 13 (position eliminated) – New Position –
Information Technology Training Specialist, Grade 11
o Proposed adjustment Database Administrator, Grade 15 Step 11 to Deputy Director IS –
Software Support & Training, Grade 17 Step 8 (assumed additional duties &
responsibilities)
o Proposed adjustment IT Service Specialist I, Grade 11 Step 4 to Technical Support
Analyst I, Grade 12 Step 4 (assumed additional duties & responsibilities)
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
o Proposed adjustment Systems Analyst, Grade 14 Step 7 to Software Support Analyst,
Grade 15 Step 6 (assumed additional duties & responsibilities)
o Proposed adjustment IT Services Specialist III, Grade 13 Step 10 to Senior IT Services
Specialist, Grade 14 Step 9 (assumed additional duties & responsibilities)
o Proposed adjustment Deputy Director IS – Infrastructure & Operations, Grade 17 Step 5
to Grade 17 Step 6 (assumed additional duties & responsibilities)
DISCUSSION: The vacant Technical Support Analyst II, Grade 13 will be eliminated and a
new position will be added to Information Technology named Information Technology Training
Specialist at Grade 11; the existing Database Administrator will become the Deputy Director IS
– Software Support & Training and upgraded from Grade 15 to Grade 17; the existing IT
Services Specialist I will become the Technical Support Analyst I and upgraded from Grade 11
to Grade 12; the existing Systems Analyst will become the Software Support Analyst and
upgraded from Grade 14 to Grade 15; the existing IT Services Specialist III will become the
Senior IT Services Specialist and upgraded from Grade 13 to Grade 14; the existing Deputy
Director IS – Infrastructure & Operations Grade 17 Step 5 will bumped to Step 6.
Over the past eleven months the rearranged and the Technical Support Analyst II duties and
responsibilities have been successfully performed by multiple staff members and it is
recommended that these individuals retain these duties and responsibilities and that the proposed
adjustments be approved. The addition of a technology training specialist will allow Information
Technology to enhance the competencies of individual County employees by designing,
delivering and conducting technology related training courses and programs that will boost
employee’s workplace performance.
FISCAL IMPACT: The proposed recommendations would add $90 to the FY 2019 budget but
Information Technology’s current fiscal year (FY 2018) budget would see a $19,193 savings.
CONCURRENCES: Rob Slocum, County Administrator
Stephanie Stone, Director Human Resources
ATTACHMENTS: Organizational Fiscal Impact FY 2018
AUDIO/VISUAL NEEDS: None
Organizational Fiscal Impact FY 2018
Annual FY2018
Budgeted Proposed Difference Actual
Technical Support Analyst II 57,770 (57,770) 57,770
Information Technology Training Specialist 41,710 41,710 (27,807)
Database Administrator to Deputy Director IS – Software Support & Training 80,060 84,220 4,160 (2,774)
IT Services Specialist I to Technical Support Analyst I 46,240 49,950 3,710 (2,475)
Systems Analyst to Software Support Analyst 64,580 67,400 2,820 (1,880)
IT Services Specialist III to Senior IT Services Specialist 66,290 69,180 2,890 (1,927)
Database Administrator to Deputy Director IS – Software Support & Training 73,390 75,960 2,570 (1,714)
Total Difference and FY2018 Actual Impact $90 $19,193
Note: FY2018 Actual calculations based on 8 months remaining in current fiscal year
Ronald Whitt
IS Director
Division of Information Systems
GIS Office
John “Bud” Gudmundson
GIS Manager
Jennifer Landman
Software Support Analyst
Karen Dickie
Senior IT Services Specialist
Training & Documentation
Specialist
Software Support & Training
Angie Poffenberger
Deputy Director
Douglas Oliver
Senior Tech Support Analyst
David Elliott
Tech Support Analyst I
Kim Artz
IT Services Specialist II
Harold Gist
IT Services Specialist II
Damien Reisch
Tech Support Analyst II
Infrastructure & Operations
Joshua O’Neal
Deputy Director
IS Director’s Absence
Joe Rathvon
GIS Database Administrator
Bonn Poland
GIS Specialist I
Wireless Communications
Mark Mades
Deputy Director
Jeff Cooper
Wireless Communications
Specialist
David Iseminger
Wireless Communications
Specialist
Wade Elwood
Wireless Communications
Specialist
Cole Snyder
IT Services Specialist II
INFORMATION TECHNOLOGY TRAINING SPECIALIST Grade: 11
FLSA Status: Exempt
GENERAL DEFINITION OF WORK:
Under the guidance of the Deputy Director, designs and delivers classroom, online and blended learning for multiple
software applications and systems utilized by County departments to enhance the competencies of employees according to
established policy.
ESSENTIAL FUNCTIONS/TYPICAL TASKS:
(These are intended only as illustrations of the various types of work performed. The omission of specific duties does not
exclude them from the position if the work is similar, related, or a logical assignment to the position.)
General duties and responsibilities:
1. Identify training needs by evaluating employee strength and weaknesses.
2. Enhance the competencies of individual employees by designing, delivering and conducting training courses
and programs that will boost employees’ workplace performance.
3. Acclimate new hires to appropriate enterprise applications and systems used by the County.
4. Select or develop training aids including How to Guides, Tip Sheets, handbooks, visual aids, multi-media
tutorials, etc.
5. Direct vendor provided structured learning experiences and monitor their effectiveness.
6. Periodically evaluate ongoing in-house and vendor provided training courses and programs to ensure that
they remain effective and appropriate.
7. Prepare and maintain enterprise application and system documentation.
8. Maintain technical knowledge/proficiency by attending/participating in appropriate educational classes,
training and seminars.
9. Performs related tasks as required.
KNOWLEDGE, SKILLS AND ABILITIES:
Knowledge of traditional and modern training methods, tools and techniques; ability to present complex information to a
variety of audiences; proficiency in Microsoft Office applications; possess sound decision making and organizational
skills; teaching and facilitation skills; ability to asses training needs and objectives; knowledge of implementation and
facilitation of technical, operational, and/or specialty training events and programs; ability to design, develop, implement
and evaluate training programs and initiatives including training plans, curricula, and methodology; ability to
communicate effectively both orally and in writing; ability to establish and maintain effective working relationships with
employees, peers and associates.
EDUCATION AND EXPERIENCE:
1. Bachelors Degree (BA/BS) from an accredited college or university in Computer Science or Information Technology.
2. Two (2) years of experience directly related to the essential functions and tasks specified and end user support.
PHYSICAL REQUIREMENTS:
This is light work requiring the exertion of up to 20 pounds of force occasionally, up to 10 pounds of force frequently, and
a negligible amount of force constantly to move objects; work requires climbing, balancing, stooping, kneeling,
crouching, reaching, pushing, pulling, lifting, fingering, grasping, and repetitive motions; vocal communication is
required for expressing or exchanging ideas by means of the spoken word; hearing is required to perceive information at
normal spoken word levels; visual acuity is required for preparing and analyzing written or computer data, visual
inspection involving small defects and/or small parts, determining the accuracy and thoroughness of work, and observing
general surroundings and activities; the worker is not subject to adverse environmental conditions.
SPECIAL REQUIREMENTS:
Possession of a valid driver's license
Revised: 10/17
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential tasks.