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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 the <br /> employee is freed on bail, a decision will be made by the employee's department <br /> head and the Human Resources Director as to whether to allow the resumption <br /> of active employment pending disposition of the charges. They shall determine <br /> whether reinstatement would be consistent with the County's needs and <br /> requirements. If the decision is to not allow resumption of active employment <br /> pending disposition of the charges, a "pre-suspension" hearing will be set, at <br /> which the employee will be advised of the reasons for the suspension and would <br /> have the opportunity to refute the underlying premises for the suspension and <br /> argue for immediate reinstatement. Once an employee has exhausted all <br /> available vacation leave, his vacant position may be posted and filled in <br /> accordance with the provisions of this agreement. If the employee is reinstated <br /> after his position is filled, he shall have the right to fill a vacant position for which <br /> he is fully qualified. If no position is available, he shall be placed in a layoff <br /> 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 indicted <br /> by a Grand Jury, or when arrested, for any offense or violation of law. The <br /> department director shall determine if it is in the best interests of the County 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 /> D. In the event that the employee is retained pending the resolution of the charges <br /> and is acquitted of all charges, or the indictment is dismissed, the Division <br /> Director shall retain the option to initiate or continue an investigation of possible <br /> administrative violations in accordance with established policy or practice. <br /> 44 <br />