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28 . 7 Arrests and Incarceration <br /> A . Employees who are unable to report for work because of arrest and incarceration <br /> may be placed on a special personal leave of absence without pay provided that <br /> it is requested during the first three working days of the incarceration . If the <br /> employee is unable to secure bail , the leave of absence will continue until final <br /> disposition of the charges depending upon the County ' s operational needs . If <br /> the employee is freed on bail , a decision will be made by the employee ' s <br /> department head and the Human Resources Director as to whether to allow the <br /> resumption of active employment pending disposition of the charges . They shall <br /> determine whether reinstatement would be consistent with the County' s needs <br /> and requirements . If the decision is to not allow resumption of active <br /> employment pending disposition of the charges , a " pre-suspension " hearing will <br /> be set , at which the employee will be advised of the reasons for the suspension <br /> and would have the opportunity to refute the underlying premises for the <br /> suspension and argue for immediate reinstatement . Once an employee has <br /> exhausted all available vacation leave , his vacant position may be posted and <br /> filled in accordance with the provisions of this agreement . If the employee is <br /> reinstated after his position is filled , he shall have the right to fill a vacant position <br /> for which he is fully qualified . If no position is available , he shall be placed in <br /> a <br /> layoff status with recall rights as outlined in Article 25 , Separations . <br /> B . Employees shall immediately notify the department within 3 days of contact when <br /> information has been filed by a prosecuting official against him /her , when <br /> indicted by a Grand Jury , or when arrested , for any offense or violation of law . <br /> The department director shall determine if it is in the best interests of the County <br /> to : <br /> 1 ) Retain the employee in his/her regular position ; and /or <br /> 2 ) Assign the employee to other duties or another position until such time as <br /> any charges are disposed of by trial , acquittal , dismissal , conviction , or <br /> other judicial action ; and /or <br /> 3 ) Place the employee on leave without pay until such time as any charges <br /> are disposed of by trial , acquittal , dismissal , conviction , or other judicial <br /> action ; and /or <br /> 4 ) Initiate disciplinary action up to and including termination . <br /> C . In the event that the employee is retained pending the resolution of the charges , <br /> and pleads nolo contendere or guilty , or is found guilty of any job related offense <br /> or any offense that would adversely impact the County or the employment status <br /> of the employee , or which would cause the County to be held in disrepute , the <br /> employee may be terminated from employment . <br /> 37 <br />