personnel policy O-22-26

GARLAND COUNTY
PERSONNEL POLICY

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TABLE OF CONTENTS

Introduction 3
County Policy Directives 4

Code of Ethics 5

Conditions of Employment 6

County Employment Policies 6

A. At-Will Employment 6

B. Equal Employment Opportunity Plan 7

C. Anti-Harassment Policy 9

D. Disabilities Policy 10

E. Genetic Information Nondiscrimination Policy 10

F. Immigration Reform and Control Acts 11

G. Political Activity 11

H. Social Media Policy 11

I. Computing Practices 11

J. Freedom of Information Act 13

K. County Property 14

L. Certificate Pay Incentive Program 14

M. Non-Discrimination in Programs and Activities 14

N. Personal Identity Information Security Notification and Confidentiality Policy (PII) 16

O. Conflict of Interest Disclosure (COI) 17

Code of Conduct-Conflict of Interest 17

Hiring, Promotion and Demotion, Transfer, and Termination 18

Drug-Free and Alcohol-Free Workplace Policy 20

Employee Classification, Attendance, and Compensation 23

A. Employee Classification 23

B. Employee Compensation 23

C. Employee Attendance 24
D. Overtime Work and Compensatory Time 24

E. Overtime and Leave Time Liability Control Procedure 25

F. No County Gifts 26
Administrative Leave and Other Benefits 26

A. Group Insurance Programs 26

B. Holiday Leave 26

C. Employee's Holiday Bank 27

D. Vacation Leave 27

E. Sick Leave 28

F. Catastrophic Leave 30

G. Unused Sick Leave Compensation 32
H. Longevity Pay 32

I. Leave for Inclement Weather, or other Unavoidable Closures 33

J. Bereavement Leave 34

K. Retirement 34

L. Family Medical Leave (FMLA) 35

M. Time Off To Vote 40

N. Military Leave 40

O. Jury Duty Leave 41

Informal Procedure/Reporting/Resolving Perceive Harassment and Related Job Complaints42

Grievance Hearing Procedure 42

Grievance Hearing Issues and Burdens of Proof 44

Travel Policy for County Elected Officials and Employees 46

Use of County-Owned Property 48

Cell Phones and Electronic Devices 49

Garland County Employee Concealed Carry Plan 49

Issues Not Addressed in the Personnel Policy 50

Acknowledgment 51

Introduction and Purpose
Welcome to employment with Garland County, Arkansas. The purpose and intent of this County
Personnel Policy is to establish at-will employment as the default employment policy for the County
and to state the general employment policies issued by the Garland County Quorum Court in its capacity
as the legislative branch of County government. See Ark. Const. Amend. 55 §§ 1 & 4; Ark. Code Ann.
14-14-805(2). The Policy is also intended to establish uniform personnel policies and benefits for all
County employees.
County employees are "at-will" employees. County employment is not for a specific period and
employment may be terminated at any time, with or without notice, and with or without cause. The
provisions set forth in this Personnel Policy do not guarantee any fixed terms or conditions of
employment. The Policy neither creates an expectancy of future employment nor establishes grounds
upon which employee discipline or dismissal must be based. At any time, the Garland County Quorum
Court may revise, supplement, or rescind the policies, practices, and benefits set forth in the Policy
subject to, or as may be required by, applicable law.
Consistent with the day-to-day administrative responsibility of his or her elected office, an elected
official may adopt executive employment policies to apply to the employees of that office. Such
executive employment policies shall not conflict with this uniform Personnel Policy adopted by the
Quorum Court. An elected official has discretion to determine the application, meaning, and intent of
the provisions of the Personnel Policy as they relate to the employees of that official's office. See Ark.
Code Ann. 14-14-805(2).
We are serious about the important work of the County. We are equally serious about adhering to the
procedural and substantive requirements of applicable law. County employees are expected to read,
understand, and comply with the policies set forth in the County Personnel Policy. Any questions should
be directed to an employee's elected official or department head.

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County Policy Directives

A. The County and its officials will treat all employees and citizens in a manner that is: (i)
rationally related to the effectuation of legitimate County objectives; and (ii) uniformly
applied to all persons similarly situated.

B. County officials and employees shall not misuse or abuse governmental power.

C. County officials and employees shall not engage in any intentional act that is illegal
(contrary to applicable statutes or judicial decisions) or unconstitutional (contrary to the
Arkansas Constitution or the United States Constitution).

D. County officials and County employees shall not omit the performance of any duty that
is affirmatively required by applicable law (statutes and judicial decisions).

E. County officials and employees shall not participate in any County contract or transaction
in which they have a direct or indirect personal interest, except as authorized by law.
County officials and employees shall not accept or receive any property, money, or
anything of value in exchange for, or arising out of, any County contract or transaction,
except as authorized by law. See Ark. Code Ann. 14-14-1202.

F. County officials and employees shall not engage in any act that would constitute
corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or
nonfeasance in office. See Ark. Code Ann. 14-14-1311.

G. Each County elected official shall administer the day-to-day administrative affairs of
his or her County office in a lawful and constitutional manner, and in accordance with
applicable law (statutes and judicial decisions), the U.S. Constitution and Arkansas
Constitution, and this County Personnel Policy.

H. The use of deadly force against a person by the Sheriff or a Deputy Sheriff is limited to
the following:

(i) To effect an arrest or to prevent the escape from custody of an arrested person
whom the Sheriff or Deputy Sheriff reasonably believes has committed or
attempted to commit a felony and is presently armed or dangerous; or

(ii) To defend himself or herself or a third person from what the Sheriff or Deputy
Sheriff reasonably believes to be the use or imminent use of deadly physical
force.

I. No County official or department head with authority to hire shall be allowed to employ
any relative in his or her immediate family to work within the County office or department
he or she supervises and for which he or she is responsible. Immediate family shall include
spouse, parent, child, brother, sister, grandparent, mother-in-law, father-in-law, son-in-
law or daughter-in-law.

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Code of Ethics

The efficiency and effectiveness of the County depends on public trust and confidence. To
maintain this trust, conformance to the following standards will be expected. Violation of this
code of ethics will result in disciplinary action or dismissal.

A. County employees shall be prompt and regular in reporting to work, and shall be diligent,
competent and efficient in assignment performance.

B. County employees shall not grant any special consideration or advantage to citizens,
individuals or groups beyond that which is available to every other citizen, individual or group.

C. County employees shall not accept gifts, services, gratuities or favors, or engage in trading or
bartering with those in custody or their families or friends.

D. County employees shall not use County funds, supplies or facilities for purposes other than to
conduct official County business.

E. County employees shall not engage in conflict-of-interest activities that prove to be
incompatible with assigned duties, bring discredit upon the County or give them an advantage
in their outside activity over persons working in a similar vocation.

F. County employees shall not use official positions to receive special favors for themselves or
others.

G. County employees shall exercise care and emphasize safety in the use of County property and
equipment.

H. County employees shall keep themselves physically fit, mentally alert, neat and clean, and
shall perform their duties fairly, impartially and in a professional manner. Working under the
influence of alcohol or any other narcotic or controlled substance shall result in dismissal.

I. County employees shall conduct themselves, both on the job and off duty, so as to command
the respect of those in custody, fellow workers and the general public.

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Conditions of Employment

A. County employees shall display loyalty, support and cooperation when following instructions
and regulations set up by the state, quorum court, elected officials and/or department heads.

B. County employees shall not request donations or gifts for themselves from citizens or
suppliers other than political donations as prescribed by law.

C. County employees shall not display prejudice against persons or organizations, thus affecting
the cordiality of contacts with other employees or the public.

D. Seasonal/part-time employees or employees who have been appointed to complete a
specific job which will last for a limited period of time shall be considered temporary
employees and shall not be entitled to any of the benefits which apply to employees.

E. Part-time employees, those employees working year-round on a less than full-time basis, shall
not be entitled to employee fringe benefits.

F. The employee is entitled to and may receive an annual written evaluation administered by
the employee's elected official or department head. The employee's evaluation will be based
on their past year's performance, using the County's performance appraisal and development
plan form and will be kept in the employee's personnel file in the Human Resource
Department in the Finance Department.

G. All new employees shall be hired at such entry-level as the elected official may designate,
within the approved ranges of the Job Evaluation Salary Administration Policy (JESAP).
This provision is subject to there being a vacancy at that level and funds appropriated.

County Employment Policies

A. At-Will Employment

i. Under its authority as the legislative branch of County government, the County Quorum
Court adopts "at-will" employment as the default employment policy for each County
employee. County employment is not for a specific period and employment may be
terminated at any time, with or without notice or liability of any kind (except for wages
earned and unpaid), and with or without cause.

ii. A County employee serves at the pleasure of the elected official who hires and supervises
the employee. Newly elected officials have the discretion to rehire County employees who
served under a predecessor. County employees have no expectancy of continued
employment or property interest in future employment under a newly elected official.

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B. Equal Employment Opportunity Plan and Policy Section I. Plan Statement and Purpose

It is the policy of Garland County to provide equal employment opportunity for all County employees
and applicants. Accordingly, the County considers applicants on merit and qualifications and will not
engage in any form of employment discrimination based on race, color, religion, sex, national origin,
age, disability, or genetic information. The County hereby affirms its desire to maintain a work
environment for all County employees that is free from all forms of unlawful employment
discrimination. Employment discrimination based on race, color, religion, sex, national origin, age,
disability, or genetic information is a violation of County policy as well as federal and state law and
will not be tolerated. The only exceptions are bona fide occupational qualifications.

The purpose of this Plan is to identify the County's commitment and delineate certain practices that
will confirm that commitment and to comply with requirements such as Title VI of the Civil Rights Act
of 1964, Title VII of the Civil Rights Act of 1964, Title 28 C.F.R. subpart E, § 42.301 et. seq. (for law
enforcement grants) and Title 41 C.F.R. §60-2.24 (for HUD grant recipients).

This Plan supersedes any previous Equal Employment Opportunity (EEO) Plans. This Plan applies to
every employee of the County unless an elected official promulgates a different written policy on the
subject applicable only to the official's employees.

Section II. Prohibitions

Garland County does not discriminate in access to employment opportunities or in employment or
practices on the basis of race, color, religion, sex, national origin, age, disability, or genetic information.
"Employment practices" as used in this Plan means all terms and conditions of employment, including,
but not limited to, recruiting, advertising, screening, classification, selection, appointment, hiring,
assignment, transfer, promotion, demotion, discipline, layoff, termination, leave practices, rates of pay,
fringe benefits, or other forms of pay or credit for services rendered, and access to and use of County
facilities. In addition, discrimination on the basis of race, color, religion, sex, national origin, age,
disability, or genetic information for programs and activities receiving Federal financial assistance is
also prohibited.

Any intentional or unintentional conduct of discrimination that is based on race, color, religion, sex,
national origin, age, disability, or genetic information will not be tolerated and will result in disciplinary
action up to and including termination. Retaliation against persons alleging discrimination and persons
involved in the act or investigation process is also prohibited. Except as required by law, all employment
is "at-will" and employees have no job tenure in County employment; accordingly, the County may
terminate them at any time.

Section III. Evaluations by the Office of Human Resources

The Garland County Finance Department, Office of Human Resources, evaluates employment
opportunities under this Plan and in so doing:

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i. Identifies and analyzes any problem areas inherent in the utilization or participation of all qualified
persons in employment phases (recruitment, selection, and promotion), since identification and analysis
are necessary prerequisites to the successful development and implementation of this Plan.

ii. Analyzes and identifies problem areas separately for recruitment, selection, and promotion of
minorities and women. All racial or ethnic data collected to perform evaluations under this Plan is cross-
classified by sex.

iii. Analyzes present representation of minority persons, including women, in the eight (8) job
categories identified by the Equal Employment Opportunity Commission. These eight (8) job
categories are classified as Officials-Administrators, Professionals, Technicians, Protective Service,
Paraprofessionals, Administrative Support, Skilled Craft Workers, and Service- Maintenance
Workers.

iv. Analyzes recruitment and employment selection procedures, test administration and test validity,
education requirements, referral procedures, and final selection methods to ensure that equal
opportunity is being afforded in all job categories.

v. Analyzes seniority practices, promotion procedures, lateral and vertical transfer procedures, and
formal and informal training programs to ensure that equal opportunity is being afforded to all qualified
individuals.

vi. Maintains a job classification record clearly indicating each job classification or assignment and
the number of employees within each respective job category by race, sex, and national origin (for
example, Hispanic, Asian or Pacific Islander, and American Indian or Alaskan Native); and maintains a

record of job descriptions, describing essential job functions or duties, and the rate of pay for each

classification. Where the rate of pay is based on length of time in the job or other factors, including
inabilities, notes the maximum rate of pay for each.

vii. Maintains statistical records of the number of individuals by race/color, sex, and national origin, if
available, applying for employment through the Garland County Finance Department, Office of Human
Resources within the preceding fiscal year and the number by race, sex, and national origin (if available)
of the applicants who were offered employment and those who were actually hired.

viii. Obtains statistical data from the Arkansas Department of Labor, Arkansas Department of
Workforce Services, or other reliable entity regarding the characteristics of the pertinent labor markets
within this statistical area, including total population, total workforce, and existing unemployment by
race/color, sex, and national origin.

ix. Conducts an ongoing evaluation program to ascertain whether recruitment, selection, or promotional
policies cause a disparate impact on the basis of race, color, religion, sex, national origin, age, disability
or genetic information.

Section IV. Enforcement

In addition to other duties, the Human Resources Director administers and enforces this plan by:

i. Disseminating this Plan to all elected officials and/or department heads and making it available to all
applicants and the general public.

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ii. Ensuring that this Plan is available on the internet web page to all employees, applicants, persons of
interest, vendors, and the general public for viewing and printing.

iii. Including the EEO statement and policy in the Garland County Personnel Policy.

iv. Completing necessary evaluations and making recommendations to the Garland County Human
Resources Committee on any changes that are needed in the personnel policies. Where changes are
recommended, the Human Resources Director shall set forth in written detail the specific steps that
should be taken to achieve equal employment opportunity. As an example, if through evaluation, it is
determined that certain selection practices and procedures (i.e., minimum education levels) are not
validity related to the performance of the essential functions of a specific job or position and that said
practices may cause a disparate impact on the basis of race, color, religion, sex, national origin, age,
disability, or genetic information, then the Director recommends that the practice or procedure be
changed.

v. Presenting the EEO statement and policy as part of the Garland County Human Resources
New Hire Orientation program.

vi. Coordinating the presentation of grievances. Any grievances must be filed in accordance with the
Garland County Personnel Policy and the procedures set forth therein.

vii. Including the EEO statement and policy on all job boards, written job announcements,
applications and postings for open job opportunities.

viii. Receiving notice from County departments of new or available employment opportunities.

ix. Ensuring that this Plan is readily available to any interested party via hard copy in the Garland
County Finance Department, Office of Human Resources.

C. Anti-Harassment Policy

The County provides a workplace free from harassment based on race, color, religion, sex, national
origin, age, disability, or genetic information. Harassment includes any verbal or other conduct that
demeans, insults or intimidates an employee or group of employees based on race, color, religion, sex,
national origin, age, disability, or genetic information. Prohibited conduct includes, but is not limited to,
jokes, labels, names, verbal abuse, ridicule or stories offensive to a protected group of persons.

Because of the County's strong disapproval of offensive or inappropriate sexual behavior at work, all
employees must avoid any action or conduct which could be viewed as sexual harassment, including:

i. Unwelcome sexual advances, including unwelcome requests for dating and requests for sexual acts
or favors.

ii. Verbal abuse of a sexual nature, including sexually related comments or joking and graphic
or degrading sexual comments about another's appearance.

iii. Nonverbal abuse of a sexual nature, including suggestive or insulting noises, leering, whistling or
making obscene gestures, e.g., giving someone the finger, and the display of sexually suggestive objects
or pictures.

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iv. Physical conduct of a harassing nature, including inappropriate touching or brushing the body of
another.

v. Any other verbal, nonverbal or physical conduct of a harassing nature.

If you believe you have been the subject of harassment by anyone, including, elected officials,
department heads, co-workers, citizens, or vendors, you should immediately report the conduct to
your elected official or department head. If the conduct allegedly involves your department head,
you should immediately report it to the elected official under whom you serve. If the conduct
allegedly involves the elected official, you should immediately report the conduct to the County
Judge. If the conduct allegedly involves the County Judge, you should immediately report the
conduct to any member of the County Grievance Committee. "Immediately" normally means the
same day of the alleged harassment. The failure to make a timely report of alleged harassment may
be a factor used in determining the merits ofthe allegation. Your complaint will be promptly investigated.
All County employees are expected to cooperate fully in such investigations. To the extent feasible, all
internal investigations and/or actions taken to resolve complaints of harassment will be confidential.

Discrimination or retaliation against any County employee for making a complaint under this policy
or for providing information during an investigation is strictly prohibited, will not be tolerated, and
is a violation of this policy.

Any County employee who violates this policy will be subject to appropriate discipline, up to and
including termination. Any department head who knowingly permits harassment or retaliation to take
place in his or her areas of supervision will be subject to appropriate discipline, up to and including
termination.

D. Disabilities Policy

The County will provide reasonable accommodations to qualified individuals with disabilities, unless to
do so would cause an undue hardship. An accommodation is a change in the work environment or in
the way things are customarily done that is not unreasonable and that enables an individual with a
disability to enjoy equal employment opportunity. Generally, an individual with a disability must inform
his or her immediate supervisor that an accommodation is needed. When the disability and need for
accommodation are not obvious, the County may require the individual to provide documentation from
a medical provider concerning the disability and the need for a reasonable accommodation.

E. Genetic Information Nondiscrimination Policy

The County complies with the Genetic Information Nondiscrimination Act (GINA) and the Genetic
Information in the Workplace Act (GIWA). GINA and GIWA prohibit employers and other entities
covered by these laws from requesting or requiring the disclosure of genetic information of an employee
or family member of an employee, except as specifically allowed by these laws. To comply with these
laws, employees should not, directly or indirectly, disclose any "Genetic Information" to the County at
any time. "Genetic Information" includes an employee's family medical history, the results often
employee's or family member's genetic tests, the fact that an employee or an employee's family
member sought or received genetic services, and genetic information of a fetus carried by an
employee or an employee's family member or an embryo lawfully held by an employee or family
member receiving assisted-reproductive services.

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F. Immigration Reform and Control Acts

The County complies with the Immigration Reform and Control Acts of 1986 and 1990. Every
newly hired County employee shall complete an I-9 Form before commencing employment.

G. Political Activity

County employees are encouraged to participate in the election process, but assistance to candidates
or issues must only be rendered on the employees' own time and County property must not be
involved. County employees are not to endorse candidates or issues in their official capacities as
County employees, or on behalf of the County or any County office. The legal provisions are
summarized as follows: (1) County employees are prohibited from engaging in partisan political
activity during the hours they are performing work for the County, excluding personal leave time;
(2) political banners, posters, or literature should never be allowed or displayed in a County office;
(3) political bumper stickers or decals should never be displayed on County property or any County-
owned vehicle; County-owned vehicles must not be used during or after work hours to promote
or assist the candidacy of any person or any ballot issue; (4) no County employee shall approach
other County employees for any political purpose or use threats or coercion to require or persuade
any employee to contribute to a particular candidate or cause.

H. Social Media Policy

Social media includes all means of communicating or posting information or content of any sort
on the Internet. The same principles and guidelines applicable to County employee conduct also
apply to County employees' activities online. Any conduct that adversely affects an employee's
job performance, the performance of fellow employees, or otherwise adversely affects the interests
of the County may result in disciplinary action up to and including termination. This policy applies
to comments made under the employee's name or under a pseudonym used by the employee as a
user name. Harassment and cyber-bullying of any County employee will result in termination.
Comments that discriminate against any protected class of individual under Title VII, the United
States or State Constitution, or under any other civil rights statute will result in appropriate
discipline, up to and including termination. County employees should avoid posts, "likes," or other
social media activity during work hours and on County-owned equipment, unless authorized to do
so by a supervisor or consistent with County policy. State law prohibits electioneering by public
servants during work hours. Employees should consider any political activity to be electioneering.

I. Computing Practices

This policy governs the use of computers, networks, and other computing resources for Garland
County. Garland County provides the resources and is committed to computing and network
systems that effectively meet the need of its users.

Individuals who are granted computing accounts or who use computing resources at the County
accept the responsibilities that accompany such access. Use of computing resources in violation of
the regulations set forth in this policy will be referred to the immediate supervisor for review.

Computers and networks can provide access to resources within and beyond the County's computer
system, including the ability to communicate with other users worldwide. Such open access is a
privilege and requires that individual users act responsibly. Use of computing and network

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resources should always be legal and ethical, and show restraint in the consumption of shared
resources. It should demonstrate respect for intellectual property, ownership of data, system security
mechanisms, the right to personal privacy, and to the right of individuals to freedom from
intimidation and harassment.

All federal and state laws, and the County regulations within this policy are applicable to the use
of computing resources. These include, but are not limited to, 20 U.S.C. 1232g; the Electronic
Communications Privacy Act of 1986, 18 U.S.C. 2510 et seq.; the Arkansas Freedom of
Information Act, Ark. Code Ann. 25-19-101 et seq.; and state and federal computer fraud statutes,
18 U.S.C. 1030 and Ark. Code. Ann. 5-41-101 et seq. Illegal reproduction of software and other
intellectual property protected by U.S. copyright laws and by licensing agreements may result in
civil and criminal sanctions.

The County's web site is maintained by the Finance Department under the supervision of the
County Judge. No member of the individual departments may produce a web page, electronic
bulletin board, or any other such computer site that purports to be an official publication of the
County without the express permission of the County Judge.

Section I. Administration of Computing Practices

i. In General

The County, in accordance with state and federal law and other department policies, may control
access to its information and the devices on which it is stored, manipulated, and transmitted.

The County has the responsibility to: (a) develop, implement, maintain, and enforce appropriate
security procedures to ensure the integrity and confidentiality of individual and institutional
information, however stored; (b) uphold all copyrights, patents, licensing agreements, and rules of
organizations that supply information resources to the extent that these do not conflict with other
applicable laws and policies.

Responsibility for administering the County's computing and network resources rests with the data
processing service, as directed by the County Judge.

ii. System Administrators

A system administrator is any person in the data processing service designated to maintain, manage, and
provide security for the County's computing resources, including computers, networks, and servers.

System administrators shall perform their duties fairly, in cooperation with the County staff. They shall
adhere to this policy and all other pertinent department rules and regulations. They shall respect the
privacy of users to the greatest extent possible, and when necessary, shall refer issues or instances of
inappropriate use of resources to appropriate County Officials and/or department heads for review and
potential disciplinary action.

iii. Data Collection

Given the nature of the technology, a wide range of information can be collected by the department
staff using system software. For example, software may be configured to provide aggregate information
on the number of users logged in, the number of users accessing certain software, etc.

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No information shall be routinely collected that is not required by system administrators in the direct
performance of their duties, e.g., routine backups for system recovery, investigating error reports, etc.

iv. Privacy of Electronic Files

Users do not own accounts on County computers but are granted the privilege of exclusive use of
their accounts. Use of the County's computing resources for storage or transmission of data does not
alter any ownership interest of the user in that data. Users are not entitled to privacy regarding their
computer communications and stored data therefore, users should not store or transmit data of a
personal nature on County computers.

System administrators will access electronic files, including e-mail files, only as necessary to
perform their duties. These duties include installation, enhancement, and maintenance of computers,
networks, data, and storage systems, actions necessary to maintain the integrity of the computers,
networks, or storage systems; adding, removing or modifying user accounts; or actions necessary to
protect the rights or property of the County and/or individual departments, and/or users. Authorized
personnel may routinely monitor and log usage data, such as network session connection times and
endpoints, CPU and disk utilization for each user, security audit trails, and network loading. E-mail
messages which are rejected due to some error, e.g., defective addressing, may be reviewed to
determine the nature of the error, the significance and immediacy of the rejected message, and what
corrective action(s) might be necessary. In all cases, the privacy of users shall be protected to the
greatest extent possible.

Because the County is a public agency and all files must be available to satisfy potential public
information requests, care must be taken when applying computer security procedures to protect files.
Because of these accessibility requirements as they relate to the County, the use of password
protection methods on individual files is prohibited. This includes but is not limited to the
procedures included in many PC-based word processing, spreadsheet, and database software that allow
the user to apply a password to an individual file to restrict its accessibility. In the event that special
protections on files are needed by a user or group of users, the data processing service will assist
the user or users in applying security methods that provide the necessary security while still allowing
access by authorized personnel in order to satisfy the County's accessibility requirements.

J. Freedom of Information Act

The electronic files, including e-mail files, of County employees are potentially subject to public
inspection and copying under the state Freedom of Information Act ("FOIA"), Ark. Code Ann. 25-19-
101 et seq.

The FOIA defines "public records" to include "data compilations in any form, required by law to be kept
or otherwise kept, and which constitute a record of the performance or lack of performance of official
functions which are or should be carried out by a public official or employee (or) a governmental
agency" (See Ark. Code Ann. 25-19-103 (I).) All records maintained in public offices or by public
employees within the scope of their employment are presumed to be public records; however, various
exceptions apply. See Ark. Code Ann. 25-19-105.

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K. County Property

The County's telephones, fax machines, photocopying equipment, computers, vehicles, and other
property are to be used for business purposes only. County property is restricted to business use to assist
County employees in the performance of their jobs. Occasional use of County property - such as
telephone calls for personal, non-business purposes is permitted, however, such personal use should not
negatively affect the use of County property for business purposes or negatively affect employee
performance. All physical property, offices, vehicles, business equipment, software, computer systems,
electronic systems and all information stored, transmitted, received, initiated, or contained in the County
information system are County property. The County reserves the right to monitor, copy, use, delete, publish,
and log all network, Internet or local activity including email, software use, or other activity with or without
notice. County employees should have no expectation of privacy when using these resources.

L. Certificate Pay Incentive Program

Employees of the Garland County Sheriff's Office Law Enforcement Divisions, Detention Facilities,
Department of Emergency Management; Road Department, Environmental Services Department,
Environmental Inspections Department, and the Coroner's Office will be eligible for certification pay
on a monthly basis at the rate of $50 per month to be paid bi-weekly. Payments will be effective
the beginning of the pay period following the month in which the certification is obtained.

Certificates must be issued by the Arkansas Department of Public Safety Commission on Law
Enforcement Standards and Training or the American Jail Association; the Arkansas Department
of Finance and Administration (CDL Licenses); Arkansas Department of Energy and Environment
(Solid Waste Operator Licenses and Environmental Officer Licenses); The American Board of
Medicolegal Death Investigators; or the Arkansas Floodplain Management Association.
The following certificates must be submitted to the elected official or department head for an
employee to receive the monthly incentive:

• Arkansas Commission on Law Enforcement Standards and Training-Intermediate
Certificate

• American Jail Association-Certified Jail Officer
• American Board of Medicolegal Death Investigators-Registered Medicolegal Death

Investigator
• Arkansas Department of Finance and Administration-Commercial Driver's License

(CDL)-Class A
• Arkansas Department of Energy and Environment-Environmental Officer License
• Arkansas Department of Energy and Environment-Solid Waste Facility Operators

License-Level B
• Arkansas Floodplain Management Association-Certified Floodplain Manager

Upon approval by the elected official or department head, copies of the certificates shall be
submitted to the Finance Department for Human Resources documentation and payroll processing.

M. Non-Discrimination in Programs and Activities

Section I. Purpose

Garland County does not discriminate on the basis of race, color, religion, sex, national origin, age,
disability, or genetic information in any program or activity that receives federal funds or other

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federal financial assistance. The purpose of this policy is to establish written procedures for Garland
County employees to follow when they receive a complaint alleging discrimination from clients,
customers, program participants, or consumers of the Garland County or a Garland County
subrecipient implementing funding from the U.S. Department of Justice (DOJ).

Section II. Policy

All individuals have the right to participate in programs or activities operated or administered by
Garland County regardless of race, color, religion, sex, national origin, age, disability, or genetic
information. Garland County shall not discriminate against any person based on any such status and
shall maintain and ensure compliance with:

• The Violence Against Women Act of 1994, as amended.
• Title VI of the Civil Rights Act of 1964, as amended.
• Applicable program statutes, including the Omnibus Crime Control and Safe Streets Act of 1968,

as amended.
• The Department of Justice (DOJ) implementing regulations at 28 C.F.R. Pt. 42, subpt. D;
• The Victims of Crime Act of 1984, as amended.
• The Juvenile Justice and Delinquency Prevention Act of 1974, as amended.
• Section 504 of the Rehabilitation Act of 1973, and the DOJ implementing regulations at 28

C.F.R. pt. 42, subpt. G;
• Title II of the Americans with Disabilities Act of 1990, and the DOJ implementing regulations at

28 C.F.R. pt. 35;
• Title IX of the Education Amendments of 1972, and the DOJ implementing regulations at 28

C.F.R. pt. 54;
• The Age Discrimination Act of 1975, and the DOJ implementing regulations at 28 C.F.R. pt. 42,

subpt. I; and
• The DOJ regulations on the Equal Treatment for Faith-Based Organizations at 28 C.F.R. pt. 38.

Garland County shall not retaliate against any individual for acting or participating in action to secure
rights protected by these laws.

Section III. Complaint Procedures

Garland County shall accept, investigate and respond to complaints from clients, customers, program
participants and consumers of Garland County and Garland County subrecipients as set forth herein.

i. The Garland County Judge or his designee shall coordinate the actions and responses described
in these procedures.

ii. A client, customer, program participant, or consumer may file a complaint of discrimination by letter,
email, in person or over the phone by contacting the County Judge's Office.

iii. Any employee receiving a complaint under this policy shall immediately forward the complaint
to the County Judge's Office. Upon receipt of a complaint, the County Judge's Office shall provide
the complainant with a written acknowledgment of receipt of the complaint; a written explanation of
how Garland County will correspond with the complainant during the investigation; and a written
explanation of how Garland County will investigate and resolve the complaint, or whether it will
refer the complaint to an appropriate external agency for investigation, such as a local or state
human rights commission, or the Office of Civil Rights (OCR), Office of Justice Programs, DOJ.

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iv. In the event that Garland County refers the complaint to another agency or agencies for
investigation and resolution, Garland County shall make the referral within 15 days of the date of
receipt of the complaint and provide acknowledgment of such action to the complainant. The
complainant may also file a complaint directly with the OCR.

v. In the event that Garland County investigates the complaint internally, the County Judge's Office,
or his designee, shall have responsibility for investigating the complaint, using appropriate due
diligence, including interviewing witnesses, gathering and reviewing evidence and performing any
other actions necessary to conduct an appropriate investigation.

vi. Garland County shall post this policy on the internet to notify clients, customers, program
participants, consumers and the general public of prohibited discrimination, along with the
procedures for filing a discrimination complaint with Garland County and the OCR. Additionally,
Garland County shall place posters in its facilities, including reference in program materials, and
providing clients, customers, program participants, consumers and the general public with a copy of
these complaint procedures.

vii. Garland County shall also provide a copy of this policy to any subrecipients to outline the
procedures for responding to discrimination complaints. In the event that any subrecipient shall
receive a complaint, the subrecipient shall immediately forward the complaint to the County Judge's
Office for appropriate action pursuant to the procedures set forth herein. The subrecipient shall also
notify the complainant that a complaint may be filed directly with Garland County or with the OCR.
Any employee receiving a complaint under this policy shall immediately forward the complaint to the
County Judge's Office. Upon receipt of a complaint, the County Judge's Office shall provide the
complainant with a written acknowledgment of receipt of the complaint; a written explanation of how
Garland County will correspond with the complainant during the investigation; and a written explanation
of how Garland County will investigate and resolve the complaint, including whether Garland County
will conduct an internal investigation of the complaint, or whether it will refer the complaint to an
appropriate external agency for investigation, such as a local or state human rights commission, or the
Office for Civil Rights (OCR), Office of Justice Programs, DOJ.

Section IV. Training

Garland County shall periodically provide appropriate training for agency employees on these
complaint procedures, including an employee's responsibility to refer discrimination complaints
from clients, customers, program participants, or consumers to the employee responsible for
coordinating the series of actions described in these procedures. Garland County shall also
disseminate these procedures to agency employees by posting the procedures on the agency's
internet website, providing a copy of the procedures to employees during the training sessions,
distributing the procedures to all new employees during orientation, and posting a copy of this policy
in County facilities.

N. Personal Identity Information Security Notification and Confidentiality Policy (PII)

Garland County recognizes its need to maintain the confidentiality of Personal Identity Information (PII)
and understands that such information is unique to each individual. The PII covered by this policy may
come from various types of individuals performing tasks on behalf of Garland County and includes
employees, applicants, independent contractors, and any PII maintained on its customer base. The scope
of this policy is intended to be comprehensive. It will include County requirements for the security and

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protection of such information throughout the County and its approved vendors both on and off work
premises.

Garland County elected officials and department heads may delegate authority for developing and
implementing procedural guidance for ensuring that their departmental responsibilities under this policy
are communicated and enforced.

All new hires entering the County who may have access to PII are provided with a copy of this policy.
Employees in positions with regular ongoing access to PII or those transferred into such positions are
required to review the policy and procedures for the maintenance of PII data annually.

If an employee has reason to believe that his or her PII (please refer to what constitutes PIT) data security
has been breached or that County representative(s) are not adhering to the provisions of this policy, an
employee should contact the HR Department at 501-651-7766 or contact the County Human Resources
representative.

O. Conflict of Interest Disclosure

Any employee or elected official in a position to influence County actions shall refrain from business,
professional and other relationships which may affect the exercise of their independent judgment in
dealing with County suppliers of goods or services.

An elected official or employee having a conflicting outside personal economic relationship, or any
perceived conflict of interest, shall disclose the details in a written statement, to include the nature and
scope of his or her outside personal economic interest and the extent of financial benefit received, at
least annually, or more frequently if his or her situation changes.

CODE OF CONDUCT-CONFLICT OF INTEREST

In the application of the provisions of the Garland County Code of Conduct, the various Advisory
Opinions and Recommended and Final Orders issued by the Arkansas Commission on Ethics relating
to the interpretation of the Code of Ethics for Public Officers and Employees, as contained in Arkansas
Statutes, may be considered in the interpretation of these provisions.

Any attempt by an employee or officer to realize personal gain through conduct which is inconsistent
with the proper discharge of the employee's duties shall have committed a breach of public trust which
constitutes a conflict of interest. Employees who believe they may have a potential conflict of interest
in regard to their County employment, regardless if it is actual or perceived, are required to disclose the
details of such conflict on the Conflict of Interest Disclosure Form at least annually or more frequently
if their situation changes. Any employee who violates these standards of conduct is guilty of misconduct
and may be subject to discipline up to and including dismissal.

No employee shall accept gifts, gratuities, or loans from organizations, business concerns, or individuals
with whom the employee has official relationships or business of the Garland County government. These
limitations are not intended to prohibit the acceptance of articles of negligible value which are
distributed generally, not to prohibit employees from accepting social courtesies which promote good
public relations, nor to prohibit employees from obtaining loans from regular lending institutions. All
employees must guard against relationships that might be construed as evidence of favoritism, coercion,
unfair advantage or collusion.

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No employee or officer of Garland County shall participate in the selection, award, or administration of
a contract funded by public financial assistance which includes contracts, grants, cooperative
agreements, appropriations, etc. if a real or apparent conflict of interest would be involved. Such a
conflict would arise when the employee, officer, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. Employees, and officers shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
No employee acting in his or her official capacity as a purchasing agent or officer of Garland County
shall either directly or indirectly purchase, rent, or lease any realty, goods, or services in excess of
$500.00 per calendar year for Garland County from any business entity of which the employee, the
employee's spouse or employee's child has a material interest or is an officer, partner, director, or
proprietor; without approval of the Quorum Court.

No employee or officer of Garland County acting in his or her private capacity shall rent, lease, or sell
any realty, goods, or services in excess of $500.00 per calendar year to Garland County; without
approval of the Quorum Court.

No employee or officer of Garland County shall participate directly or indirectly in any procurement
when they know that:

The employee or officer, or any member of their immediate family, is negotiating or has an arrangement
concerning prospective employment with any person, business, or organization that will be participating
in such procurement; or

The employee or officer or any member of their immediate family has a financial interest pertaining to
the procurement. However, any employee or any member of an employee's immediate family who holds
a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard
to matters pertaining to that financial interest.

Hiring, Promotion and Demotion, Transfer, and Termination

The Policies set forth herein apply equally to hiring, promotion and demotion, transfer, and
termination.

A. Hiring

The County Quorum Court shall establish the number and compensation of all County employees. The
job title, classification, and annual pay rate shall be specified for each position of a County department
or County office in the annual budget. Positions cannot be advertised as vacancies, nor may persons be
hired into positions, until positions are authorized by the Quorum Court. The County Judge, or his
designee, shall hire all County employees except those employed by other elected officials as permitted
by Ark. Const. Amend. 55, Section 3. Policies regarding hiring and firing adopted by the Quorum Court
shall be only advisory upon elected officials and employees hired by them as required by Ark. Const.
Amend. 55. Employment policies ofa general nature adopted by the Quorum Court shall be the decision
of the County and binding as permitted by Ark. Const. Amend. 55, Section I and Ark. Code Ann. § 14-
14-805 (2). Garland County uses the Job Evaluation and Salary Administration Program (JESAP) to
evaluate job functions and determine the range for employee compensation (0-98-34 and 0-03-31).

B. Reduction or Removal of Pay or Position

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An elected official may reduce or remove pay or position for any reason that is rationally related to the
effectuation of any conceivable legitimate County objective. It is not possible to list all conceivable
rational bases for reduction or removal of pay or position; however, examples include but are not limited
to:

i. Misrepresentation, dishonesty, or self-dealing conduct.

ii. Intemperate conduct.

iii. Insubordination, including the failure or refusal to follow the legal orders of an elected official
or other supervisor.

iv. Negligent, reckless, knowing, or intentional destruction of County property.

v. Abuse or misuse of your position as a County employee.

vi. Any conduct, act, or omission that interferes with or impairs your ability to properly and effectively
perform your duties as a County employee.

vii. Any rational change in the mode or manner of operations, including any rational decision regarding
the persons selected by an elected County official or supervisor for the delivery of County services.

C. Termination

All termination decisions shall be deemed to be a suspension with pay until the time to request a
grievance hearing has passed.

D. Rehired Employees

An employee who leaves County employment and who returns within 180 days from their last date of
work will return to County employment with their prior tenure status for benefits including vacation
accrual rates. Employees shall not be credited any time off that remained in their banks that was not
paid out at termination (e.g., sick leave).

E. Constitutionally Protected Conduct

i. It is the policy of the County to comply with the Constitutions and laws of the State of Arkansas and
the United States, and the public policy of the State of Arkansas. These laws include: (a) laws prohibiting
unlawful discrimination based on race, color, religion, sex, national origin, age, disability, or genetic
information; (b) laws prohibiting retaliation for exercising a constitutionally protected liberty right (e.g.,
free speech, free association, political patronage, access to courts, privacy, etc.); and (c) laws requiring
that governmental action be rationally related to a conceivable legitimate government objective.

ii. Should any applicant, employee, or person requesting County assistance or services contend that he
or she is the victim of unlawful discrimination, unlawful retaliation, or unlawful arbitrary government
action, he or she shall request, in the time and manner set forth in this Personnel Policy, a hearing before
the County Grievance Committee to provide the elected official with notice of the alleged unlawful
action, and the opportunity to voluntarily conform the conduct of the County, County officials, and
County employees to the requirements of County policy (including conformity with the Constitutions
and laws of the State of Arkansas and the United States, and the public policy of the State of Arkansas).

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F. Background Investigations

Background investigations may be conducted for applicants at the discretion of the hiring elected
official, or as required by law. All background investigations may be performed by a third party in
compliance with the applicable laws.

Drug-Free and Alcohol-Free Workplace Policy

It is Garland County's desire to provide a safe, healthful and drug/alcohol free workplace. To promote
this goal, employees are required to report to work in an appropriate mental and physical condition to
perform their jobs in a satisfactory manner. While on Garland County's premises and while conducting
business related activities off Garland County's premises, no employee may use, possess, distribute, sell
or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on
the job only if it does not impair an employee's ability to perform the essential functions of the job
effectively and in a safe manner that does not endanger other individuals in the workplace. Violations
of this policy may lead to disciplinary action, up to and including immediate termination of employment.
Such violations may also have legal consequences.

Regular full-time employees with drug or alcohol problems that have not resulted in, and are not the
immediate subject of, disciplinary action may request approval to take personal leave off to participate
in a rehabilitation or treatment program through Garland County's health insurance benefit coverage (to
the extent coverage for such service is provided). Garland County also offers an Employee Assistance
Program (EAP) that may assist employees with obtaining counseling and treatment services.
Employees should contact the Human Resources Department for details.

A. Testing

To ensure the accuracy and fairness of drug and alcohol testing, all testing will be conducted by a
Substance Abuse and Mental Health Services Administration (SAMHSA) certified laboratory,
according to SAMHSA guidelines, in accordance with procedures required by the U.S. Department of
Transportation where applicable, and in compliance with all applicable laws and regulations.
Prohibited controlled substances are those defined by the Federal Controlled Substances Act and
applicable Arkansas statutes governing controlled substances. An employee whose initial drug test
result is positive and who requests a test of the split sample will be suspended without pay until the
County receives the result of the split test. The cost of the split test will be paid by the County, to be
reimbursed by the employee. A negative result from the split test will render the first test invalid and
the employee will be reinstated with back pay and the County will waive the reimbursement
requirement related to the cost of the split test.

B. Prescription Drugs, Over-the-Counter Drugs, and Medical Marijuana

Prescription drugs and over-the-counter drugs are not prohibited when taken in standard dosage and/or
according to a physician's prescription. However, a safety-sensitive employee who has been prescribed
a medication that might cause drowsiness or otherwise impair the employee's ability to safely perform
job functions has an affirmative duty to report use of such prescription. The County shall engage in the
interactive process to determine if the prescription drug use creates a direct threat of safety to the
employee, or others, and shall inquire as to accommodations that would permit the employee to continue
to work in a safety-sensitive position, despite the use of the prescription.

When proper notification is made and the prescribing healthcare practitioner provides a statement that
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the employee will not pose a direct threat to themselves or others and is otherwise able to perform their
essential job duties, despite the use of the prescription medication, the employee may continue working
in the same position. If a statement is not provided, or if a provided statement does not certify that the
employee's use of the prescription will not impair the employee's ability to safely perform job functions,
a reasonable effort will be made to assign the employee to another position, if available.

The illegal or unauthorized use of prescription drugs is prohibited. Medical marijuana usage under the
Arkansas Medical Marijuana Amendment is subject to Act 593 of 2017. An employee who holds a
safety-sensitive position is not permitted to engage in the current use of medical marijuana while
employed in the safety-sensitive position. A safety-sensitive employee shall be removed from their
position if they test positive for marijuana, or if the employer has a good-faith belief the employee is
engaged in the current use of medical marijuana. This applies even if the employee is a qualifying patient
under the Amendment and/or holds a registry identification card.

Employees are also subject to discipline, up to and including termination for the following acts related
to medical marijuana:

i. Possession, ingestion, smoking, or otherwise using marijuana while on duty, or on the premises of the
County, regardless of duty status; or

ii. Being under the influence of marijuana while on duty, or on the premises of the County, regardless of
duty status.

C. Post-Offer / Pre-Employment Testing

County officials who hire for a position may elect to conduct post-offer pre-employment testing on any
prospective County employee. Testing under this Section shall be consistent among job classes under
an elected official and within departments. The prospective employee will not be employed until the test
results are received by the Human Resources Director. The Human Resources Director will then
notify the elected official or department head of the testing results. A prospective employee cannot
start work until the post-offer pre-employment test result is received.

D. Post-Offer / Pre-Employment Testing-Safety Sensitive Position

Safety-sensitive positions include, but are not limited to, positions involving a safety-sensitive
function pursuant to regulations governing drug and alcohol testing adopted by the U.S. Department
of Transportation and the Arkansas General Assembly, or identified as safety-sensitive under the
Fourth Amendment. Safety-sensitive positions typically involve job duties where impairment may
present a clear and present risk to co-workers or other persons. A safety-sensitive position includes
any position where a momentary lapse in attention could result in injury or death to another person.
A safety-sensitive position includes, but is not limited to, a position in which a drug or alcohol
impairment constitutes an immediate and direct threat to public health or safety, such as a position
that requires the employee to:

• carry a firearm.
• perform life-threatening procedures.
• work with confidential information or criminal investigations.
• work with controlled substances.
• maintain a commercial driver's license.
• drive a vehicle or operate heavy equipment as part of normal duties.

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• serve as a mechanic on County vehicles.
• serve as a dispatcher for law enforcement or emergency services, or
• be prepared to use justified physical force against persons to maintain order or security for

persons detained by the County.

Testing of Safety-Sensitive Employees

Safety-sensitive employees are subject to testing to detect the presence of alcohol and controlled
substances, including:

• post-offer / pre-employment testing.
• random testing.
• reasonable-suspicion testing.
• post-accident testing; and
• return-to-duty testing and follow-up testing.

Random Testing of Safety-Sensitive Employees.

Employees in safety-sensitive positions will be subject to random, unannounced testing. A computerized
program shall determine the individual safety-sensitive employees to be randomly tested.

Reasonable-Suspicion Testing

A County employee who is reasonably suspected of being intoxicated, impaired, under the influence of
alcohol or drugs, or not fit for duty, shall be suspended from job duties with pay pending an investigation
and verification of condition. Only an elected official or department head who has been trained in
reasonable-suspicion testing requirements may initiate reasonable-suspicion testing.

Post-Accident Testing

A County employee shall be screened for the presence of controlled substances and alcohol, as soon as
practicable, following his or her involvement in an accident involving a County vehicle or equipment,
under the following situations:

• an accident that results in the loss of human life.
• an accident that results in a moving violation citation.
• an accident that involves bodily injury to any person who, as a result of the injury, immediately

receives medical treatment away from the scene of the accident; or,
• an accident that involves one or more vehicles incurring disabling damage as a result of the

accident (requiring any vehicle to be transported away from the scene).

Disciplinary Action

The following shall result in immediate discharge:

• refusal to take a mandated test for drugs or alcohol.
• a positive drug test (once the time limit for requesting a split test has expired, or upon receipt of
• a positive result from the split test), or a positive alcohol test.

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Records

All records regarding the County's Drug-Free and Alcohol-Free Workplace Policy shall be
confidentially maintained, in a secure location with controlled access. Although records maintained by
the County will remain confidential, such records may be used in legal proceedings in defense of the
County, its agents, and employees, and such records may be otherwise disclosed as required or allowed
by law.

Employee Classification, Attendance, and Compensation

A. Employee Classifications

The County's office hours for normal business are 8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays, for non-uniformed personnel. Patrol Deputies, Adult Detention will work twelve-
hour shifts. Dispatchers, Circuit Court Bailiffs, Road Department and Solid Waste Department
employees' work schedules will be determined by the appropriate County or state official, but shall not
be less than forty hours per week. A full-time County employee is an employee who regularly works 40
hours per week with the County. Full-time County employees are expected to work during County office
hours, with an unpaid lunch break each day and two (2) paid breaks each day of up to 15 minutes each.
Paid breaks may not be taken at the beginning or end of the workday, nor at the beginning or end of the
lunch break.

A part-time County employee is an employee who works less than 40 hours per week. A regular part-
time employee is hired to work less than a full workweek on a non-seasonal basis, and will be permitted
to work no more than 20 hours per workweek. Part-time and seasonal employees shall not be enrolled
with the Arkansas Public Employees Retirement System if the employee was not hired with the intent
of working 90 consecutive calendar days or the employee will not work 80 hours per month during a
period of 90 consecutive days.

A seasonal part-time employee is hired to work during seasonal and/or peak periods. The temporary
employment period must be less than 180 days. Regular part-time and seasonal employees are not
eligible for benefits (other than those required under state and federal law) that are afforded to regular
full-time employees.

B. Employee Compensation

County employees are paid on a biweekly basis (pay period every two (2) weeks; 26 pay periods
annually).

All elected officials and department heads not utilizing a time clock system shall utilize the Garland
County Time Sheet document for their employees. A timesheet shall be completed by each employee
on a bi-weekly basis (regardless of exempt or non-exempt status). All timesheets shall be signed under
oath by the employee and approved and signed by the elected official or department head or their
designee. Each payroll period the elected official or department head, or their designee, shall enter each
employee's time and leave into the County financial management system based on the information
provided on the signed and certified timesheet. Upon completion of entry into the County financial
management system, all timesheets shall be maintained by the elected official or department head, or
their designee, pursuant to the Garland County Records Retention Schedule for Personnel and Human
Resource Records and Ark. Code Ann. 13-4-304. The submission report from the County financial
management system shall be signed, dated, and forwarded to the County Finance Department to be

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maintained pursuant to the Garland County Records Retention Schedule for Personnel and Human
Resource Records and Ark. Code Ann. 13-4-304.

All elected officials and department heads utilizing a time clock system shall, each payroll period, enter
each employee's time and leave into the County financial management system based on the information
provided from the time clock system. Upon completion of entry into the County financial management
system, the time clock system reports shall be maintained by the elected official or department head, or
their designee, pursuant to the Garland County Records Retention Schedule for Personnel and Human
Resource Records and Ark. Code Ann. 13-4-304. The submission report from the County financial
management system shall be signed, dated, and forwarded to the County Finance Department to be
maintained pursuant to the Garland County Records Retention Schedule for Personnel and Human
Resource Records and Ark. Code Ann. 13-4-304.

Upon termination of employment, a County employee will be paid through the employee's final working
day in accordance with the County payroll calendar.

C. Employee Attendance

As public servants, timely and consistent attendance is an essential job function of every employee of
the County, therefore County employees are expected to be on the job during their scheduled hours.
Excessive tardiness and/or absenteeism creates an undue hardship on County Offices and Departments
and will result in disciplinary action, up to and including termination.

D. Overtime Work and Compensatory Time

The County complies with the Fair Labor Standards Act (FLSA).

It is the policy of Garland County that utilization of overtime shall be kept to an absolute minimum
and shall be utilized only for operational necessities that cannot be addressed by employees during
regularly scheduled work hours or by other employees who are working a regularly scheduled shift.

Each elected official shall establish and maintain written policies detailing the reasonably
anticipated needs of the department to have employees work overtime or be on call after regularly
scheduled work hours. The Quorum Court may modify such policies from time to time if it appears
to the Quorum Court that the overall policies established by an elected official are inconsistent with
the policies established or are inconsistent with the best financial interest of the County.

Overtime shall not be worked without the approval of the elected official or supervisor designated
by the elected official to approve overtime. This includes checking emails and/or phone messages
outside business hours. Non- exempt employees shall not check emails and/or phone messages or
otherwise work outside of business hours without approval. Overtime worked shall be compensated
as set forth in this policy whether approved in advance or not, but employees who work overtime
without approval as set forth in this policy are subject to discipline up to and including termination.

Overtime compensation shall be paid to all non-exempt employees in accordance with federal and
state wage and hour requirements. Non-exempt non-law enforcement employees shall be paid time
and one half after physically working 40 hours in a work period with the exception of holidays and
call outs. Non-exempt law enforcement employees shall be paid time and one half after physically
working 86 hours in a work period with the exception of holidays and call outs. In the event that
the Garland County Sheriff's Department shall be the recipient of any Selective Traffic

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Enforcement Program (STEP) Grant Work funding or any other such Federal or State Grant
Funding, the recipient shall be reimbursed for officers working selective traffic enforcement at a
rate that does not exceed time and one- half the officer's regular hourly rate.

The Quorum Court of Garland County hereby defines a "call out" as the time an employee is called
from home or while off duty to perform work that occurs after scheduled work hours. Call out
time shall be paid at time and one half regardless of whether the employee has completed his or
her regular work period of 40 hours for non-law enforcement or 86 hours for law enforcement.
Continuation of work on an employee's shift when additional time is required or when directed by
a supervisor or when an employee is called to assume another's shift will not be considered a "call
out". The County call out policy shall only apply to the following departments: Department of
Emergency Management, 911 Communications Center, Sheriffs Office Administration, Patrol,
Sheriffs Office Warrants Division, Criminal Investigation Division, Detention Administration,
Detention Transport Officers, Garland County Maintenance, Garland County Road Department,
and the Garland County Environmental Services Department during major incidents or as ordered
by the County Judge or County Sheriff.

Non-exempt regular full-time employees who are required to work outside regularly scheduled
hours (such as to attend an official meeting, scheduled training classes or course certifications or
when subpoenaed to court) shall receive overtime pay when they exceed the number of regularly

scheduled hours (40 for non-law enforcement and 86 for law enforcement).

If Garland County has no funds from which to pay overtime, all non-exempt County employees
shall accrue compensatory time until such time overtime funds become available. Over time
payments and compensatory time accrual shall be reviewed by the Quorum Court on a monthly
basis.

Paid leave days shall not count toward calculating overtime unless the employee actually worked
a paid leave day.
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E. Overtime and Leave Time Liability Control Procedure

Employees Required to Personally Sign and Certify Time Sheets

Each County employee shall sign his or her time sheet, certifying: "My signature

certifies that the above recorded hours worked and leave taken are correct."

County Finance Department to Calculate Payroll from Non-Exempt Employee Time Sheets

The Human Resources Manager will calculate payroll for County employees, including overtime
pay, vacation leave pay, sick leave pay, and holiday pay, based on the signed/certified time sheets
and in reliance upon the employees' signed certification that the hours worked and the leave time
taken are correct.

Electronic Record of County's Total Paid Time-Off Liability

The Human Resources Manager shall keep an electronic record in the County financial software of
accumulated compensatory time, sick leave time, and vacation leave time, showing all such time
earned and all such leave time taken by the employees who have earned such leave time.

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Report Total County Overtime Liability Monthly

The Human Resources Manager shall provide a monthly report to the County Treasurer, the County
Judge, and the Quorum Court, reporting the amount of the County's compensated overtime.

F. No County Gifts

The Arkansas Constitution prohibits the County from using public money to confer a private
benefit. Ark. Const. Art. 12, § 5. Elected officials, department heads, and supervisors shall comply
with this constitutional provision and shall not offer or award more paid leave time (holiday,
vacation, sick, or compensatory) than authorized by this Personnel Policy.

Administrative Leave and Other Benefits

ELIGIBILITY FOR VACATION LEAVE OR OTHER EMPLOYEE BENEFITS DOES
NOT CREATE ANY PROPERTY RIGHT IN EMPLOYMENT OR AN EXPECTANCY OF
CONTINUED EMPLOYMENT.

A. Group Insurance Programs

The County offers group insurance programs for full-time employees. The County may pay
portions of some premiums for group insurance programs. All insurance benefits are subject to
change at any time. This Personnel Policy does not guarantee continuation of any group insurance
benefits.

B. Holiday Leave

The County will be closed and all full-time employees will be granted paid leave to observe holidays as
adopted by Ark. Code Ann. 1-5-101, as amended. Should the Governor of the State of Arkansas issue
an Executive Proclamation ordering additional days those shall be recognized as well. Additional
holidays may also be proclaimed by the County Judge. Employees who are required to work on a holiday
shall receive the holiday pay in addition to their regular rate of pay for any hours worked on the holiday
(including overtime/comp time where applicable).

When a holiday falls on a Saturday, the preceding day will be observed as a holiday. When a holiday
falls on a Sunday, the following day will be observed as a holiday. Use of scheduled accrued leave does
not prevent the employee from receiving holiday pay.

• New Year's Day-January 1
• Martin Luther King Jr.'s Birthday - 3rd Monday in January
• George Washington's Birthday and Daisy Gaston Bates Day-3rd Monday in February
• Memorial Day-Last Monday in May
• Independence Day-July 4
• Labor Day-1st Monday in September
• Veterans Day-November 11
• Thanksgiving Day-4th Thursday in November
• Thanksgiving-Friday, day after Thanksgiving Day
• Christmas Eve-December 24
• Christmas Day-December 25
• Employee's Birthday-8 hours to observe his/her birthday.

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C. Employee's Holiday Bank

Employees who work 12-hour shifts are entitled to only eight (8) hours of paid holiday time. The
maximum paid holiday time is 96 hours, which shall accrue at a rate of 3.84 hours per pay period over
25 pay periods. There will be no accrual on the 26th pay period to give employees time to use their last
accrual. Each employee shall accrue 96 hours annually beginning the last Sunday of March each year,
and continuing in a like manner each year thereafter. The employee's 96 hours will reset to zero on the
first day of the pay period following completion of the 26th pay period.

D. Vacation Leave

Vacation leave accrues to all eligible employees in accordance with the schedule set out in this Section.
Vacation leave begins to accrue with the first day worked of the full-time employee, but employees are
not eligible to request vacation leave before completing 180 days of continuous full-time service with
the County. Vacation leave may be taken in increments as low as .25 hours (15 minutes). No vacation
leave may be taken unless earned. Employees are not permitted to borrow against leave days to be
accrued in the future. Vacation leave shall be granted by the employee's supervisor in advance of
the leave and at such time, or times, as will least interfere with the efficient operation of the County.
Temporary (fewer than 90 days per year) and part-time employees (fewer than 30 hours per week)
shall not be eligible for vacation leave. Continuous full-time service is defined as employment
while working as a regular, full-time employee of the County. When employment is interrupted by
more than 180 days, the employee shall be considered a new hire employee. Vacation will not
accrue during leave of absence. If an employee returns within 180 days, the employee will not be
eligible for vacation leave until the required 180 days of continuous full-time service has passed, at
which time the employee will be eligible for vacation based on actual years of service.

Accrued vacation leave may not exceed 24 months. Vacation leave shall accrue as follows:

Vacation by Hours

Service Years Non-Uniformed Uniformed LEO

• 1st year 40 hours 42.750513 hours
• 2nd through 8th year 80 hours 85.501026 hours
• 9th through 15th year 120 hours 128.249316 hours
• 16th through 22nd year 160 hours 170.999829 hours
• 23 years 168 hours 179.549487 hours
• 24 years 176 hours 188.099145 hours
• 25 years 184 hours 196.651026 hours

Uniformed Law Enforcement Personnel is defined to include all full-time Patrol Deputies, Adult
Detention Officers and CID Investigators.

Any retiree returning to employment with Garland County pursuant to Ark. Code Ann. 24-4-520
shall be treated as a new hire employee and will accrue vacation leave based on the re-employment
date.

Vacation time will not be exchanged for cash except in the following circumstances:

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i. Regular, full-time employees who have been employed by the County continuously for a period
of 180 days or more, who die while employed, shall be compensated for the number of vacation
hours accrued up to the date of death, but not to exceed 24 months allowance of vacation time as
defined in this Section above. Such payment shall be made first, to the deceased's surviving
spouse, second, to the employee's children; and third, to the estate of the deceased employee.

ii. Regular, full-time employees who have been employed by the County continuously for a period
of 180 days or more, who must resign from the job in good standing, shall be compensated for
vacation hours accrued up to the date of resignation, but not to exceed 24 months allowance of
vacation time as defined in this Section above. Resigning employees will be paid at their current
rate of pay for unused vacation time.

iii. The County shall allow an additional day or days of vacation if an observed holiday fills within
a vacation period.

iv. Vacation time shall only benefit all regular, full-time employees. Members of the Quorum
Court, Elected Officials, Election Commission Board Members, Equalization Board Members,
part-time and/or seasonal employees, and employees of the Prosecuting Attorney's Office and
Circuit Courts I, II, III, and IV who have salaries set by the State General Assembly, shall not be
eligible for vacation time accrual.

E. Sick Leave

Sick leave accrues to all regular, full-time employees at the rate of .046154 hours per hour worked
for each full calendar month of the employee's service with the County. Sick leave begins to accrue
with the first day of work for the full-time employee. Sick leave shall be granted by the employee's
appropriate supervisor in advance of the leave whenever possible and at such time, or times, as will
ease interference with the efficient operation of the County. Sick leave shall be deducted from the
employee's accrued sick leave based on the number of accrued sick leave hours that were requested
and granted. Sick leave may be taken in increments as low as .25 hours (15 minutes). No sick leave
may be taken unless earned. Employees are not permitted to borrow against leave days to be
accrued in the future. Any such leave accumulated which is not used in any year may be carried
over as accumulated leave for the succeeding years up to a maximum of 480 hours. Employees are
not entitled to be paid for any accrued but unused sick leave upon separation of employment,
regardless of the reason for separation.

An employee may be eligible for sick leave for the following reasons:

i. Personal illness or physical incapacity resulting from causes beyond the employee's control.

ii. Quarantine of an employee by a physician or officer to comply with community health
regulations.

iii. To care for the employee's immediate family. Immediate family shall be defined as: father,
mother, husband, wife, child, sister, brother, grandfather, grandmother, grandchildren, whether
by blood or by marriage or any other relative living in the household of the employee who has a
serious health condition.

iv. An employee who is unable to report for work due to previously mentioned reasons shall report
the absence to his or her supervisor or designee four (4) hours prior to the time of expected report

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to duty. Sick leave with pay may not be allowed unless the report has been made and the County
official or department head has approved the request.
Regular, full-time employees shall receive paid sick leave for the duration of the employee's
absence or until accumulated sick leave is exhausted; provided, that:
i. The employee has not been terminated before the absence.
ii. The employee's illness or injury is not resulting from paid employment of any kind other than
the County.
Evidence of abuse of sick and/or family leave shall justify reasonable investigation, the denial of
unjustifiable claim and disciplinary action. Approval of sick and/or family leave for scheduled
workdays immediately preceding or following a holiday shall require a physician's statement to
verify illness or injury. Where there is a pattern of sick and family usage abuse, the County may
verify this illness or injury by telephone calls or personal visits to the employee at his or her
residence or elsewhere. If such calls or visits fail to substantiate illness or injury, the County may
request verification by a physician that the reported illness or injury occurred. Additionally, each
subsequent illness or injury within the following 90 period in which this employee has requested
sick or family leave must be verified by a physician. Excessive use and abuse of sick leave outside
of policy guidelines may result in disciplinary action or termination.
Employees leaving employment of the County for any reason shall not be paid accumulated sick
leave. Should employment be interrupted by more than 180 days, for any reason, the employee shall
be considered a new hire employee and shall have no accumulated sick leave. If employment
interruption is less than 180 days, the re-hired employee shall have access to prior accumulated
sick leave, if any. If extenuating circumstances exist, a determination shall be made by the Human
Resources Committee.
Any retiree returning to employment with Garland County pursuant to Ark. Code Ann. 24-4-520
shall be considered a new hire and will accrue sick leave based on the re-employment date.

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()iuiF. Catastrophic Leave

Garland County has established a Catastrophic Leave Donation Program ("program") to be
administered by the Garland County Human Resources Director ("human resources") and a
committee appointed by the County Judge. The program creates no expectation or promise of
continued employment with Garland County and is intended only to assist eligible employees
experiencing a catastrophic medical condition. This is a voluntary program that depends on
other employees to donate leave time. There is no guarantee that leave time will be donated
and there is no requirement for any employee to donate any leave time.

I. Employee Eligibility. To be eligible to request catastrophic leave an employee must:

i. have been employed by the County for at least 12 months,

ii. be within 80 hours of exhausting all paid leave available for use,

iii. be experiencing a severe disease or condition that significantly limits the employee's ability to do
basic work functions,

iv. be unable to perform his or her job as a result of the disease or condition, creating a substantial loss
of income.

An employee may also be eligible to request catastrophic leave if the employee is required to be off
work to care for an immediate family member who has substantially similar medical limitations to those
set forth in Section I (iii) herein. Immediate family member shall be defined as the employee's spouse,
child or parent.

An employee must not have received a documented disciplinary action for abuse of leave during the
previous one (1) year period from the date of request for catastrophic leave.

II. Medical Certification. An eligible employee is required to submit to Human Resources a statement
from a licensed health care provider to adequately establish that the disease or condition qualifies as set
forth in Section I herein and prevents the employee from performing his or her regular work duties.
An employee shall not be approved for catastrophic leave until and unless such certification is received.

III. Committee Review. Upon receipt of a request for catastrophic leave, Human Resources will review
the request for initial eligibility and refer the request to a committee appointed by the County Judge.
The committee shall consist of the Human Resources Director or designee, and two (2) County-wide
elected officials. The elected officials shall rotate each quarter, so that no two (2) elected officials shall
serve more than one (1) quarter of the year. The County Judge shall serve on the committee the first
quarter of each year. All personally identifiable information shall be redacted from the request, medical
statements, and records prior to committee review. The committee shall review all requests and make a
recommendation for approval, denial, or pending for additional information or clarification. The
committee's recommendation shall be based solely on medical facts and evidence. The committee will
provide its recommendation within five (5) business days of review.

IV. Leave Donation. Upon approval of a request for catastrophic leave, eligible employees may
donate any amount of accumulated vacation or sick leave to the requesting employee provided the
donation of leave does not:

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i. cause the donating employee's accumulated vacation leave balance to be less than 80 hours or,

ii. cause the donating employee's accumulated sick leave balance to be less than 160 hours.

Accrued leave may only be donated to the requesting employee in one-hour increments.
Donations of leave shall be granted on an hour-for-hour basis.

V. How much leave may be taken? An eligible employee may receive up to 12 workweeks of
catastrophic leave within a one-year period from the date of onset of the medical condition and a
maximum of six (6) months of catastrophic leave within a five-year period from the date of onset
of the medical condition. Under no circumstance shall the total amount of leave granted an
employee exceed 24 workweeks within a one-year period from the date of onset of the medical
condition when combined with any other paid or unpaid leave benefit (e.g., Family Medical Leave
Act (FMLA), Americans with Disability Act (ADA), etc.). Approved catastrophic leave shall be
applied concurrently with FMLA when the employee is eligible for FMLA leave and the
employee's medical condition is a FMLA- qualifying event. The committee shall not grant an
employee catastrophic leave beyond the date certified by the employee's health care provider.
Employees will be required to use accumulated sick and vacation leave accrued each pay period
before using donated catastrophic leave.

VI. Pay Status and Benefits During Catastrophic Leave. An eligible employee will remain in paid
status throughout the use of catastrophic leave. An employee's health insurance benefits will be
maintained at the same level and under the same conditions as if the employee was continuously at
work. The use of catastrophic leave will not affect an employee's leave benefit date.

VII. Administration. Requests for catastrophic leave, donation applications, and all other related
forms and documentation shall be submitted to Human Resources. Human Resources shall be
responsible for:

i. receiving requests for catastrophic leave,

ii. review of the initial request for completeness, eligibility, and coordination of information to be
referred to the committee,

iii. creation of agenda and minutes for each committee meeting,

iv. record keeping of committee determinations,

v. review and record keeping of leave approved, leave donated, and leave unused.

In the event an employee receiving catastrophic leave returns to work, terminates, retires, or dies prior to
the expiration of approved catastrophic leave, all approved unused catastrophic leave shall be restored
to the employee who donated the leave.

At any time during the use of catastrophic leave, Human Resources may require the employee to
provide a statement from a licensed health care provider or other medical evidence necessary to
establish that the employee continues to be qualified, or to establish when the employee will be able
to return to work. The use of catastrophic leave may be terminated if the employee fails to provide
the required evidence within the timeframe provided by Human Resources. An employee may be

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terminated if the employee fails to report to work promptly at the expiration of the period of
approved catastrophic leave. Any alleged or suspected abuse, misrepresentation or fraud related to the
program shall be investigated by Human Resources and, on a finding of wrongdoing, the employee shall
be subject to additional disciplinary action, up to and including termination, pursuant to the Garland
County Personnel Policy.

G. Unused Sick Leave Compensation

Beginning January 1, 2001, the maximum cap for sick leave accrual will be 480 hours, accrued at the rate of
.046154 hours per hour worked for each full calendar month of the employee's service with the County. If,
on December 31st, 2002, the employee has accrued the maximum number of sick leave hours and has utilized
only part or none of the 96 hours of sick leave in the current year, the employee will be compensated for the
current year accrued unused portion of sick leave. The rate of compensation shall be $20 per day up to a
maximum of 96 hours to be paid within 45 days after the year-end. The payment will be made in a lump sum
payment to all active full-time employees eligible for this benefit. The total number of hours that an employee
must accumulate to receive maximum benefit is 576 hours. After accumulation of 576 hours the employee
on December 31st of each year would have 12 possible days of unused sick leave. The maximum
compensation of unused, accrued sick leave shall be $240.00 annually. Unused sick leave compensation shall
not be paid to an employee upon separation from the County.

The unused sick leave compensation shall only benefit all full-time County employees. Members of the
Quorum Court, Elected Officials, Election Commission, Equalization Board, part-time and/or seasonal
employees, employees of the Cooperative Extension Office compensated by the University of Arkansas,
employees of the Prosecuting Attorney's Office and employees Circuit Courts I, II, III, and IV who have
salaries set by the State General Assembly, shall not be eligible for unused sick leave compensation.

NOTE: With regard to vacation, sick leave, and other fringe benefits outlined herein, it must be understood
that these benefits are not required by law nor are they guaranteed by Garland County. Garland County does
not thereby enter into any contract with any employee, nor does Garland County incur any debt or obligation.

H. Longevity Pay

All regular, full-time County employees shall be entitled to longevity pay at a rate of $5.00 per month
for each year of cumulative service with the County in excess of one (1) year, and all longevity
payments shall be based upon the original date of employment. Longevity payments shall be computed
on this basis so that the maximum that any employee shall ever draw is $1,000 annually. Cumulative
service for the purpose of longevity pay is defined as employment while working as regular, full-time
County employee. Should employment be interrupted by more than a 180-day period, for any reason,
the employee shall be considered a new hire employee. If an employee returns to employment with the
County within a 180-day period, the employee will not receive longevity pay until the required
anniversary date has passed, at which time the employee will be eligible for longevity pay based on the
actual months of service. If extenuating circumstances exist, a determination shall be made by the
Human Resources Committee.

Longevity payments authorized in this Section shall be made in a lump sum payment in December of
each year to active employees eligible for this benefit. Longevity shall not be paid to an employee upon
separation from the County.

The longevity pay policy shall inure to the benefit of all full-time County employees, excluding elected
officials, with the exception of the Collector Rebecca Dodd-Talbert and Coroner Stuart Smedley. Upon non-
re-election of the two (2) previously named elected officials all elected officials shall be excluded. However,

32

members of the Quorum Court, part-time employees, employees of Circuit Courts Division I, II, III, and
IV and Prosecuting Attorney staff who have salaries set by the state general assembly, shall not be
eligible for longevity payments.

Any retiree returning to employment with Garland County pursuant to Ark. Code Ann. 24-4-520 shall
be treated as a new hire, and will accrue longevity pay based on the re-employment date.

I. Leave for Inclement Weather, or other Unavoidable Closures

Inclement Weather Duty (IWD) Employees: Certain County services must be performed regardless of
weather conditions. Employees required to perform these services, or "Inclement Weather Duty" (IWD)
employees, will be determined by individual County departments based on current conditions,
departmental needs, and the safety and welfare of our citizens and employees. IWD employees must
report to work as scheduled by their department head or supervisor.

Non-IWD Employees: Should weather conditions dictate, some County offices and departments may
not be required to report to work for public safety reasons (non-IWD employees). However, there may
be occasions in which an otherwise non-IWD employee may be required to report to work during
inclement weather, even though their office or department is otherwise closed. In such cases, these non-
IWD employees will be compensated for this extra duty with time off given on an hour-to-hour basis.

Closure Notification: During inclement weather events, closure decisions will be made by the County
Judge, generally by 6:30 a.m. However, employees whose workday begins earlier than normal business
hours should contact their department head or supervisor for instructions. Depending on conditions, the
County Judge may also elect to open later or close earlier than normal. County offices and departments
will only be closed when it is in the best interest of public safety and welfare to do so.

If a decision is made to delay opening or close any/all County office or departments, the County Judge's
Office will issue notice in the following ways:

The County Judge will notify Elected Official and/or Department Heads.

Elected Officials and/or Department Heads will notify their employees.

Civic Ready- https://public.alertsense.com/SignUp/?regionid=1629

County website www.garlandCounty.org

County GARCO email distribution list

Local Media Outlets KZNG (1340 AM), US97 (97.5 FM), Star 96 (96.7 FM), The Rocket (101.9),
KLAZ (105.9 FM), KBHS (1420 AM)

**Please note that the quickest way to obtain closure information is by email, phone, website, or
Sheriff's Department Facebook page; radio announcements are usually intermittent and at the discretion
of the media outlets.

Inclement Weather Policy: In situations where County offices and departments are open but conditions
are too hazardous for certain employees to report to work, such employees have the option of taking
accumulated vacation leave, if available. If leave is not available, the time off will be without pay.

33

J. Bereavement Leave

Bereavement leave with pay may be granted to regular full-time employees. Up to a maximum of three
(3) calendar days (24 hours work time), with prior approval by the elected official and/or department
head, in case of death or imminence of death in the immediate family. Travel time, up to a maximum of
two (2) calendar days (16 hours work time) may also be granted upon prior approval of the elected
official in addition to the three (3) days in cases where the employee must travel a long distance for the
funeral. Immediate family may be defined as spouse, parent, brother, sister, child, grandparent,
grandchild, son-in-law, daughter-in-law, mother-in-law or father-in- law whether by blood or by
marriage or any other relative living in the household of the employee.

Bereavement pay is calculated on the base pay rate at the time of absence and will not include any
special forms of compensation and shall not count as hours worked toward overtime pay.
Bereavement leave will normally be granted unless there are unusual business needs or staffing
requirements. Employees may, with their elected official or department head approval, use accrued
vacation time for additional time off as necessary.

K. Retirement

Garland County participates in the Arkansas Public Employees Retirement System (APERS) sponsored
by the State of Arkansas for the benefit of public employees through the State. All employees hired
with the intent of working at least 80 hours per month and ninety 90 consecutive calendar days shall be
enrolled in APERS. Eligibility to participate in this program is governed by state law and the rules and
regulations of the program.

There is no waiting period for enrollment into APERS. If an employee meets the eligibility requirements,
the employee shall be enrolled on or as of the first day of work. Employees hired after July 1, 2005 who
have never worked for an APERS participating employer or are returning to work more than six (6)
months after last being reported to APERS by an APERS participating employer MUST be enrolled as
contributory members. As a contributory member, five (5%) percent of the employee's gross salary will
be taken before taxes each pay period.

Pursuant to Ark. Code Ann. 24-4-1102, beginning July 1, 2022, and continuing each following fiscal
year, the employee's contribution rate shall be increased in increments of twenty-five hundredths of one
percent (0.25%) per fiscal year. An increase to the contribution under subdivision (a)(3)(A) shall not
result in a contribution rate greater than seven percent (7%).

Pursuant to Ark. Code Ann. 24-4-520, as amended, a) a member of the Arkansas Public Employees'
Retirement System (APERS) must terminate covered employment to be eligible for retirement; or b) is
a member with service credit under Ark. Code Ann. 24-4-521 at a rate oftwo (2) or more years ofcredited
service for each year of actual service and the person returns to employment in a position covered under
the system within one hundred eighty (180) days of the person's effective date of retirement.

County policy pursuant to Ark. Code Ann. 24-4-520 shall be as follows:

Any retiree returning to employment of the County shall be required to return as a new hire employee,
both in salary and benefits:

The retiree will enter at the new hire level of the Job Evaluation Salary Administration Program for

34

the particular position.

The returning retiree shall be treated the same as a new hire, and will accrue all benefits (i.e., vacation,
sick leave, longevity pay) at the rate of a new hire based on the re-employment date.

Per the Arkansas Public Employees' Retirement System, a retiree cannot again become a member of
APERS and receive service credit to further increase their benefit.

Retirement and Benefits Policy

A retiring County official or County employee may elect to continue to participate in the County
health care plan if 1) they are at least 55 years of age and vested in APERS; or 2) they have 30 or
more years of actual service in APERS; or 3) they have at least 25 years of credited service in
APERS regardless of age. The retiree must pay 100% of the benefit premiums they elect to retain
upon retirement.
The coverage the retirees are entitled to retain under the authority of Ark. Code Ann. 24-12-128 is
the same coverage that active employees receive. If the County health plan includes dental, vision,
life and dependent coverage, such coverage may be retained by the retiree.

L. Family Medical Leave (FMLA)
Garland County complies with the Family and Medical Leave Act of 1993 (FMLA), Pub. L. 103-3. As
the FMLA specifies a County is a single employer, all elected officials, County offices, and departments
will administer the FMLA in a uniform and consistent manner in compliance with the federal law.
Eligibility criteria and general guidelines used in administering this policy are set forth below.
Interpretation of circumstances not specifically covered in this policy will be made in accordance with
applicable law. Garland County administers the FMLA in accordance with the County Equal
Employment Opportunity (EEO) Policy.

I. Employee Eligibility Criteria. To be eligible for FMLA leave, an employee must have been
employed by the County for at least 12 months, whether consecutive or intermittent, and have worked
at least 1,250 hours during the previous 12 months. All absences from work for covered military
service are counted in determining an employee's eligibility for FMLA leave. There may be an
exclusion for elected officials and their appointees pursuant to 29 CFR 553.11.

II. Qualifying Events for FMLA Leave. Purposes for which FMLA leave can be taken are:

i. for the birth of a son or daughter, and to bond with the newborn child.

ii. for the placement with the employee of a child for adoption or foster care, and to bond with that
child.

iii. to care for an immediate family member (spouse, child, or parent - but not a parent "in law")
with a serious health condition.

iv. to take medical leave when the employee is unable to work because of a serious health condition;
or,

v. for qualifying exigencies (see Fact Sheet #28M(c): Qualifying Exigency Leave under the FMLA)
arising out of the fact that the employee's spouse, son, daughter, or parent is on covered active duty or
call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed

35

Forces.

III. Serious Health Condition. A serious health condition is an illness, injury, impairment, or physical
or mental condition that involves inpatient care or continuing treatment by a health care provider.
Examples include:

i. conditions requiring an overnight stay in a hospital or other medical care facility.

ii. conditions that incapacitate you or your family member (for example, unable to work or attend
school) for more than three (3) consecutive days and have ongoing medical treatment (either multiple
appointments with a health care provider, or a single appointment and follow-up care such as
prescription medication).

iii. chronic conditions that cause occasional periods when you or your family member are incapacitated
and require treatment by a health care provider at least twice a year; and

iv. pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and
medically required bed rest).

FMLA leave due to the birth, adoption, or placement for foster care of a child does not require medical
necessity or a period of incapacity. FMLA leave is available for bonding with the baby/child.

IV. How Much FMLA Leave May Be Taken? An eligible employee is entitled to up to 12 workweeks
(480 hours) of FMLA leave during a 12-month period for any FMLA-qualifying event(s) as listed above.
The 12-month period is the 12 months measured forward from the date FMLA leave begins. FMLA
leave for qualifying exigencies, when combined with other FMLA leave, may not exceed 26 weeks in a
single 12-month period.

When the County employs both spouses, the employees are together entitled to a combined total of 12
workweeks (480 hours) of FMLA leave within the designated 12-month period for the following FMLA-
qualifying reasons:

i. for the birth of a son or daughter, and to bond with the newborn child.

ii. for the placement with the employee of a child for adoption or foster care, and to bond with that
child.

iii. the care of a parent with a serious health condition.

The combined limitation on the amount of FMLA leave for spouses both employed by the County does
not apply to some FMLA-qualifying events. Eligible spouses are each entitled to up to 12-workweeks
(480 hours) of FMLA leave within the designated 12-month period, without regard to the amount of
leave their spouse uses, for the following FMLA-qualifying reasons:

i. the care of a spouse or son or daughter with a serious health condition.

ii. a serious health condition that makes the employee unable to perform the essential functions of his
or her job; and

36

iii. any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent
is a military

Combined Limitation Chart

Spouse A

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Car *w a0, 1011• a

17th ■1106

-ally

A CO1Pld
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Both together are entitled to a combined total of 26 workweeks of FMLA leave within the
designated 12-month period to care for a covered service member with a serious injury or illness
(commonly referred to as "military caregiver leave") if each spouse is a parent, spouse, son or
daughter, or next of kin of the service member. When spouses take military caregiver leave as well
as other FMLA leave in the same leave year, each spouse is subject to the combined limitations for
the above listed leave reasons.

I. Pay Status and Benefits During FMLA Leave Eligible employees will be required to use
available sick and vacation leave concurrently with unpaid FMLA leave. Once an employee's paid
leave is exhausted, the employee will be in unpaid status for the remainder of FMLA leave.

Any leave related to a serious health condition that results from a Worker's Compensation absence
will be required to be taken concurrently with FMLA leave. Garland County will continue an
employee's County-paid health insurance benefits during the FMLA leave at the same level and
under the same conditions as if the employee was continuously at work.

While using available sick and vacation leave concurrently with FMLA leave, the County will
continue to make payroll deductions to collect the employee's share of insurance premiums. When
paid leave is exhausted and the employee is on unpaid FMLA leave, the employee must pay the
employee portion of the insurance premiums in order to maintain insurance coverage. Payment
must be made by the 15th day of each month to the Garland County Treasurer either in person or by
mail. If the payment is more than 30-days late, the employee's health insurance benefits may be
terminated for the duration of the FMLA leave. The County will provide 15-days' notice prior to
the employee's loss of coverage.

If the employee contributes to a voluntary insurance product (e.g., life insurance, accident, disability,
etc.) the County will continue to make payroll deductions to collect the insurance premium while on
paid leave. While on unpaid leave, the employee must request continuation of these benefits and pay the
premiums.

37

Group health coverage provided under the FMLA is not Consolidated Omnibus Budget Reconciliation Act
(COBRA) continuation coverage, and taking FMLA leave is not a qualifying event under COBRA. A COBRA
qualifying event may occur, however, when the County's obligation to maintain health benefits under FMLA
ceases, such as when an employee taking FMLA leave decides not to return to work and notifies the
County of their intent not to return to work. If the employee does not return to work following FMLA
leave, the County may require the employee to repay the County's share of insurance premium payments
made during the employee's FMLA leave. The County will initiate collection action if the employee
refuses or fails to reimburse the County.

II. Intermittent or Reduced Work Schedule Eligible employees may take FMLA leave for a
continuous period of time, on an intermittent basis (periodically), or to work a reduced schedule. In all
cases, the FMLA leave may not exceed a total of 12 workweeks (or 26 workweeks for a qualifying exigency)
in a 12-month period.

For the birth, adoption or foster care of a child, the County and employee must mutually agree to the
schedule before the employee may take the FMLA leave intermittently or work a reduced-hour schedule.
FMLA leave for birth, adoption, or foster care of a child must be taken within one (1) year of the birth or
placement of the child.

If an employee takes FMLA leave intermittently on a reduced-hour schedule basis, the employee must
attempt to schedule the FMLA leave so as not to unduly disrupt County operations.

When an employee takes FMLA leave intermittently on a reduced-hour schedule basis for foreseeable,
planned medical treatment, the County may temporarily transfer the employee to an alternate position with
equivalent pay and benefits for which the employee is qualified and which better accommodates the
intermittent or reduced-hour schedule.

III. Notice An eligible employee requesting FMLA leave must provide verbal or written notice of the
need for FMLA leave. Written notice must be provided using the "FMLA Employee Request Form".

When the need for FMLA leave is foreseeable, the employee must provide at least 30-days' notice. When
an employee becomes aware of the need for FMLA leave fewer than 30 days in advance, the employee must
provide notice as soon as is practicable, generally the same or following business day. When the need for
FMLA leave is not foreseeable, the employee must comply with the County's usual and customary
notice and procedural requirements for requesting leave.

If the employee has not notified the County of the reason for the leave, and the employee desires that
leave be counted as FMLA leave, the employee must notify the County within two (2) business days
of the employee's return to work that the leave was for a FMLA reason.

Within five (5) business days of the employee providing notice, the Human Resources Director, or
designee, will provide the employee with a Notice of Eligibility and Rights and request for medical
certification and/or other supporting documentation.

IV. Medical Certification An eligible employee is required to submit medical certification from a
health care provider to support a request for FMLA leave for the employee's or a family member's
serious health condition. The County may use a health care provider, human resources professional,
leave administrator, or management official to clarify or authenticate the initial certification with notice
to the employee or, the County may require the employee to obtain a second opinion by an independent
County-designated provider at the County's expense. If the initial and second certifications differ, the

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County may, at the County's expense, require the employee to obtain a third, final, and binding
certification from a jointly selected health care provider.

During FMLA leave, the County may request that the employee provide recertification of a serious
health condition at intervals in accordance with the FMLA. The County may request, and employee
must provide, periodic reports regarding the employee's status and intent to return to work. An,
employee's notice of intent not to return to work will be considered a voluntary resignation.

V. Designation of FMLA Within five (5) business days of receipt of required medical certification
and/or other supporting documentation the Human Resources Director, or designee, will complete and
provide the employee with a Designation Notice. This notice will indicate the approval of FMLA leave
and that all leave taken for this reason will be designated as FMLA leave and will count against the
amount of FMLA leave the employee has available to use in the 12-month period.

VI. Return from FMLA Leave An employee returning to work must be able to perform the essential
functions, with or without reasonable accommodations, of the position the employee held before the
FMLA leave or an equivalent position with equivalent pay, benefits, and other employment terms.
Before the employee returns to work from FMLA leave for the employee's own serious health condition,
the employee shall communicate an expected return date to the Human Resources Director, or designee,
and submit a fitness-for-duty certification from the employee's health care provider, which states
that the employee is able to return to work with or without reasonable accommodations.
Accommodations that create an undue hardship on the employer under the law may be denied.

An employee who is unable to return to work when FMLA leave is exhausted must request and
obtain authorization from the Human Resources Director and the elected official or department
head to take additional leave. In these instances, the County will administer the FMLA in
accordance with the Americans with Disabilities Act (ADA) (see The FMLA, the ADA, and Title
VII of the Civil sights Act of 19641.

Upon return from FMLA leave, the County will restore the employee to the same or equivalent
position with equivalent pay, benefits, and other terms and conditions of employment. An
employee is entitled to reinstatement only if the employee would have continued to be employed
had FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of
layoff, reduction in force, or other reasons, the employee would not be employed at the time job
restoration is sought.

The County reserves the right to deny restoration to a key employee (as defined under the FMLA
as those who are among the highest paid 10 percent of the organization's employees) if such
restoration will cause substantial and grievous economic injury to the County. If designated as a
key employee, the County will inform the employee in writing that the employee is considered a
key employee at the time FMLA leave is requested. The County will also inform the employee of
the potential that reinstatement to the employee's job and maintenance of benefits may be denied.
If appropriate documentation is not received in a timely manner, return to work may be delayed or
denied. Failure to provide required documentation may result in termination of employment.

VII. FMLA Rights and Obligations. The County will not:

i. Interfere with, restrain, or deny the exercise of any right provided under the FMLA; or

ii. Discharge or discriminate against any person for opposing any practice made unlawful by the
FMLA or for involvement in any proceeding under or relating to the FMLA.

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The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state
or local law providing greater family or medical leave rights.

M. Time Off to Vote

On days when elections for public office ("elections for public office" includes elections for
County offices, city offices, school boards and all primary and general elections) are scheduled
throughout the state, County, or city in which the employee lives, employees will need to inform
their supervisor in advance if he or she expects a conflict between his or her work schedule and the
exercise of voting rights in any election for public office. Supervisors will find out when the polls
are open and adjust employee's schedules as needed to ensure that he or she will have the
opportunity to vote. No employee will be penalized or retaliated against for requesting time off to
vote.

N. Military Leave

The County complies with the Uniformed Services Employment and Reemployment Rights Act of
1994 (USERRA), which protects applicants and employees who serve in the military from
discrimination in the areas of hiring, job retention, and advancement. USERRA provides job and benefit
protection for employees who serve in the military, and it provides certain reemployment rights to any
employee who has been absent from work due to service in the United States uniformed services. The
County will grant a military leave of absence to any employee who is required to miss work because of
service in the United States uniformed services in accordance with USERRA. You must notify the
County if you receive notice that you will require a military leave of absence unless providing such
notice is precluded by military necessity, impossible, or unreasonable. You should provide the County
with a copy of your official orders. When you receive notice that you will need a military leave of
absence, please contact your supervisor for further information regarding your rights and
responsibilities under USERRA.

Continuation of health and dental insurance benefits is available as required by USERRA based on the
length of the leave and subject to the terms, conditions and limitations of the applicable plans for which
the employee is otherwise eligible.

Individuals performing military duty of more than 30 days may elect to continue employer sponsored
health and dental benefits for up to twenty-four months; however, they may be required to pay up to 100
percent of the full premiums. For military service of less than 31 days, health and dental benefits are provided
as if the service member had remained employed. USERRA clarifies pension plan coverage by making
explicit that all pension plans are protected.

Employees on military leave for up to 30 days are required to return to work no later than the
beginning of the first full regularly scheduled work period on the first full calendar day following
the completion of the military service, and the expiration of eight (8) hours after a period allowing
for safe transportation from the place of military service to the employee's residence.

Employees who are on military leave for more than 30 days but less than 180 days must submit an
application of re-employment (written or oral) not later than 14 days after completing service. If
this is impossible or unreasonable through no fault of the employee, the employee must submit an
application no later than the next full calendar day after it becomes possible.

Employees returning from military leave will be placed in the position they would have attained

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had they remained continuously employed or a comparable position depending on the length of
military service in accordance with USERRA. They will be treated as though they were
continuously employed for purposes of determining benefits based on length of service. A returning
employee loses his or her re-employment rights if he or she is discharged from military service for
dishonorable or bad conduct.

USERRA does not require that employers pay employees their regular pay while absent for
military service but State law provides for leave of absences for certain employee training programs
(Ark. Code Ann. 21-4-102). The law states that all employees of the state or of any of its political
subdivisions who take a leave of absence for the purpose of participating in the military training
programs or the National Guard or any of the reserves shall be entitled to such leave for a period of
15 days plus necessary travel time for annual training performed in any one year. The leave of
absence shall be in addition to regular vacation time allowed to the employee. Employees shall also
be entitled to their regular salary during periods of such leave.

Ark. Code Ann. 21-4-102 also addresses employees called to duty in "emergency situations" by the
Governor or President. In these situations, employees shall be granted leave with pay not to exceed
30 working days, after which leave without pay will be granted. This leave shall be in addition to
all other leave.

Employees taking Family Medical Leave, Occupational Injury Leave, Military Leave or Leave
without Pay shall be required to pay his or her share of the premiums for dependent health, dental,
life or any other supplemental coverages said employee has active for the duration of leave.

***All premiums due Garland County shall be received by the Garland County Finance
Department no later than the 15th day of each calendar month prior to the actual month's
coverage. Should the premium not be received by the last calendar day of the preceding month,
all coverages will be cancelled immediately. The Garland County Finance Department will not
make written notifications monthly as reminders of premiums due. This shall be the sole
responsibility of the retiree or employee. Only official Garland County full-time employees shall
be eligible for enrollment in any County administered benefit plans. Employees classified as part-
time, extra help, contract labor, or employees of the State of Arkansas shall not be eligible for
participation in the County benefit plans.

O. Jury Duty Leave

A County employee called to serve on a jury must notify his or her supervisor immediately upon
notice so that his or her work schedule can be modified to accommodate jury duty. A full-time
County employee serving as a juror in state or federal court shall be entitled to leave with pay, and
such service or necessary appearances in court shall not be counted as vacation leave or sick leave.
This Section shall not apply when the employee is personally involved in the lawsuit or litigation.

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Informal Procedure for Reporting/Resolving Perceived Harassment and other Job-Related
Complaints

A. Purpose. The purpose of this Section is to provide a procedure for reporting any conduct or
condition perceived to be discrimination, harassment, retaliation, violation of state or federal law,
or other job-related complaints and to enable the County to act affirmatively, if needed, to assure
compliance with the law.

B. Affirmative Duty to Report. If a County applicant or employee considers the conduct of a
County official, agent, or employee, or a workplace condition, to constitute prohibited
discrimination, harassment, or retaliation, or a violation of state or federal law, the applicant or
employee has a duty to report it immediately to the applicant or employee's supervisor,
supervising elected official, or the County Judge. If the conduct or condition allegedly involves
the employee's supervisor, supervising elected official, and/or the County Judge, the employee
shall report the conduct or condition to the County Grievance Committee. Immediately is
defined as the same business day on which the conduct occurred, but no later than the next
business day if same day reporting is not feasible.

C. Affirmative Duty to Act. Any County supervisor, elected official, or the County Judge
receiving any report of discrimination, harassment, retaliation, or violation of state or federal
law has a duty to take appropriate action, if and as required by law, and/or report the matter to
either the supervising elected official, the County Judge, or the County Grievance Committee so
that appropriate action can be taken and the person originating the report can be informed of the
action taken.

D. Continuing Duty to Report. If the person reporting the alleged discrimination, harassment,
retaliation, or violation of state or federal law is not satisfied with the action taken or if the alleged
discrimination, harassment, retaliation, or violation of law, the identification of the person reporting
the conduct or condition shall remain confidential.

E. Confidentiality. Except to the extent necessary to implement this policy and remedy the alleged
discrimination, harassment, retaliation, or violation of law, the identification of the person reporting
the conduct or condition shall remain confidential.

F. No Adverse Employment Action. The County shall not take adverse action against a person for
reporting conditions or conduct reasonably believed to be prohibited discrimination, harassment, or
retaliation, in violation of the law or the state or federal Constitution, or in violation of state public
policy.

Grievance Hearing Procedure

A. Purpose. The purpose of this Grievance Hearing Procedure is to establish a procedure for resolving
grievances of County applicants and County employees to enable the County, through its Grievance
Committee, to: a) hear about alleged violations of the law, the state or federal Constitution, or state
public policy, and b) have the opportunity to take affirmative action to enable the County to voluntarily
conform the conduct of County officials and County employees to the requirements of the law, the state
or federal Constitution, and state public policy.

i. If an applicant or employee does not follow this affirmatively required Grievance Hearing
Procedure, the County will raise waiver and estoppel as affirmative defenses to any claims against the

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County filed by the applicant or employee via any administrative or judicial procedures otherwise
available for redress of grievances.

ii. The Grievance Committee shall not substitute its operational judgment for that of an elected official
if the official's decision or action does not violate the law.

iii. With respect to employment-related complaints by employees hired by the County Judge, the
decision of the County Grievance Committee shall only be advisory as required by Ark. Const.
Amend. 55, Section 3.

iv. For all other employees, the decision of the County Grievance Committee shall be the decision of the
County as permitted by Ark. Const. Amend. 55, Section I.

B. County Grievance Committee. The County Quorum Court may appoint the membership of the
County Grievance Committee as a standing Human Resources Committee. Such appointment of the
Grievance Committee membership must be done by ordinance, and members of the Grievance
Committee must be designated by position (not by name). If the Quorum Court has not appointed a
Grievance Committee, then the Grievance Committee shall be the Quorum Court. The persons to serve
for any hearing will be the persons holding the committee position at the time the discipline or dismissal
decision was made for which a hearing is requested.

If the Grievance Committee determines that an executive decision or action of a County official violates
the law or the Constitution, the Grievance Committee shall declare the decision or action to be illegal
or unconstitutional and recommend the County official modify the decision or action to conform to the
law, the state or federal Constitution, or state public policy.

C. Timely Grievance Hearing Request Required. A grieving applicant or employee must submit a
written grievance hearing request after any claimed deprivation of the applicant or employee's property,
liberty, or statutory/constitutional rights. A written grievance hearing request must be delivered to the
County Grievance Committee in care of the Human Resources Director no later than the close of
business on the third full business day (weekends or holidays excluded) after any claimed deprivation
for which a hearing is requested. The written grievance hearing request must state: 1) the grievance for
which a hearing is requested; 2) the alleged factual basis of the grievance; and 3) the relief sought. If an
applicant or employee fails to submit a timely hearing request as required under this Section, the County
will raise waiver and estoppel as affirmative defenses to any claims against the County filed by the
applicant or employee via any administrative or judicial procedures otherwise available for redress of
grievances.

D. Automatic Suspension With Pay for Terminations. Any termination of employment shall
automatically be a suspension with pay for three (3) full business days (weekends and holidays
excluded) during which the terminated employee may request a pre- deprivation hearing, which shall
be granted if requested. If the employee requests a hearing under this Section, the suspension with pay
shall continue until the conclusion of the hearing before the County Grievance Committee. If the
employee requests a continuance of the pre-deprivation grievance hearing under this Section, a
continuance may be granted at the discretion of the Grievance Committee, but the employee will not be
paid for the period of the continuance. In no event shall a suspension with pay status continue for more
than 14 days unless extended by decision of the Grievance Committee.

Ifan employee is rehired, reinstated, or any employment decision is reversed after the grievance hearing,
the County shall pay the wages the employee would have earned, but did not, due to the unconstitutional

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or illegal actions taken, from the date of termination, demotion, or unpaid leave through the date of
the reversal.

E. Written Response. The County Grievance Committee shall provide a written response to all
timely grievance hearing requests. If the hearing request is granted, the Committee's response shall
state the date, time and location of the hearing. If the hearing request is denied, the Committee's
response shall state the reasons for denial.

F. Mediator Role of County Judge. Upon receiving notice of a request for a hearing before the County
Grievance Committee, the County Judge may choose to conduct an informal hearing of the dispute to
mediate a solution acceptable to both the grieving applicant or employee and the supervising County
official(s). The mediation will be concluded by the County Judge prior the hearing before the County
Grievance Committee begins. The mediation may be conducted in any manner the County Judge
believes will offer the best opportunity for resolving the dispute informally and by agreement.

G. Hearing Procedure.
i. The hearing shall be held in public if required by law (such as under the FOIA). The employee may,
at any time, decline or end the hearing and accept the intended discipline or termination.

ii. The hearing shall be transcribed by a court reporter (not merely a tape recorder) upon request by the
grieving employee or the employee's supervising elected official at the expense of the requesting
party. At the hearing, on the record, the parties shall suggest any desired hearing procedures and state
any complaints regarding: a) the notice; b) the date, time, or location of the hearing; c) the opportunity
to refute charges; and d) the impartiality of any decisionmaker(s).

iii. Informal rules of procedure and evidence shall be followed at hearings:
a) witnesses shall testify under oath; b) parties shall be allowed to be represented by legal counsel at
their own expense; c) parties shall be allowed to examine and cross-examine witnesses; d) parties
should be granted a reasonable continuance if requested prior to the hearing in writing and if
reasonably necessary for stated reasons to prepare adequately for the hearing.

iv. The Grievance Committee will hear the evidence and argument offered by the parties and vote
without public discussion or deliberation. Only the Grievance Committee's decision, expressed as a
single word agreement or disagreement with the elected official's underlying employment action, but
not the factual or legal reasoning, shall be announced publicly. No notes should be taken by members
of the Committee.

v. Public access to applicant or employee grievance records is authorized only if approved by the
applicant or employee or authorized by the Arkansas FOIA.

vi. After the hearing, the grieving applicant or employee shall be sent a letter stating the factual and
legal basis found by the County Grievance Committee for any refusal or removal of pay or position.

Grievance Hearing Issues and Burdens of Proof

A. Claim of Property Interest in Employment. The grieving employee has the burden of proving by
a preponderance of the evidence that he or she has a legitimate claim of entitlement to his or her
employment -- despite the County's at-will employment policy -- and not a mere subjective or unilateral
expectancy of continued employment. If the employee meets his or her burden of proof, the
supervisory

44

official has the burden of proving by a preponderance of the evidence that there is just cause for
the intended discipline or dismissal.

B. Claim of Unconstitutional Retaliation. The grieving applicant or employee has the burden of
proving by a preponderance of the evidence that he or she has engaged in constitutionally
protected conduct that was a substantial or motivating factor in an adverse employment decision,
discipline, or dismissal. If the applicant or employee meets his or her burden of proof, the
supervisory official has the burden of proving by a preponderance of the evidence that the adverse
employment decision, discipline, or dismissal would have occurred in the absence of the
constitutionally protected conduct.

C. Claim of Disability Discrimination. The grieving applicant or employee has the burden of
proving by a preponderance of the evidence that he or she is a qualified individual with a disability
who, because of the disability, has been treated or affected differently than another person regarding
job application, procedures, advancement, dismissal, compensation, training, or other terms,
conditions, or privileges of employment. If the applicant or employee meets his or her burden of
proof, the supervisory official has the burden of proving by a preponderance of the evidence that
the difference in treatment or effect is job-related and necessary to effectuate a legitimate County
objective, that performance of the job cannot be accomplished by reasonable accommodation, or
that the needed accommodation would cause the County undue hardship.

The following definitions apply to claims of disability discrimination:

i. "Disabled" or "disability": A physical or mental impairment that substantially limits one or
more major life activities of an individual; having a record of such impairment; or being regarded
as having such an impairment. Being "regarded as having such an impairment" may include
individuals with conditions such as obesity or cosmetic disfigurement and individuals perceived to
be at high risk of incurring a work-related injury.

ii. "Discrimination" includes: (i) limiting, segregating, or classifying a job applicant or employee
in a manner that adversely affects his or her opportunities or status; (ii) participating in contractual
or other arrangements that have the effect of subjecting individuals with disabilities to
discrimination; (iii) using standards, criteria, or methods of administration in such a manner that
results in or perpetuates discrimination;(iv) imposing or applying tests or other selection criteria
that screen out or tend to screen out an individual with a disability or a class of individuals with
disabilities unless the test or selection criteria are job- related and consistent with County necessity;
(v) failing to make reasonable accommodations to the known limitations of a qualified individual
with a disability unless an accommodation would impose an undue hardship on the operation of the
County; or (vi) denying employment opportunities because a qualified individual with a disability
needs reasonable accommodation.

iii. "Reasonable accommodation" examples include: (i) making existing facilities used by County
employees readily accessible to the disabled; (ii) restructuring non-essential elements of the job; (iii)
flexible or modified work schedules/locations; (iv) reassignments to other positions; (v) acquisition or
modification of equipment or devices; and (vi) permitting the use of vacation or an unpaid leave of
absence.

iv. "Undue hardship" is an action requiring "significant difficulty or expense," considering: (i) the overall
size of the County with respect to the number of employees, number and type of facilities, and size of
the budget; (ii) the type of operation maintained by the County including the composition and structure
of the workforce; and (iii) the nature and cost of the accommodation needed.

45

v. "Qualified individual with a disability": An individual with a disability who, with or without
reasonable accommodation, can perform the "essential functions" of the employment position held or
desired.

vi. "Essential functions": Job tasks that are fundamental but not marginal (not every job task is to be
included in determining the essential functions).

D. Claim of Equal Protection Violation. The grieving applicant or employee has the burden of proving
by a preponderance of the evidence that he or she has been treated differently than another similarly
situated person. If the applicant or employee meets his or her burden of proof, the supervisory official
has the burden of proving by a preponderance of the evidence that the different treatment is rationally
related to the effectuation of a legitimate County objective.

E. Claim of Arbitrary Decision-No Legitimate County Objective. The grieving applicant or
employee has the burden of proving by a preponderance of the evidence that the action taken against
him or her is not rationally related to the effectuation of any conceivable legitimate governmental
objective of the County. If the applicant or employee meets his or her burden of proof, the supervisory
official has the burden of proving by a preponderance of the evidence that the action taken is rationally
related to the effectuation of a conceivable governmental objective of the County.

F. Claim of Deprivation of Liberty Interest in Future Employment. The grieving applicant or
employee has the burden of alleging that a "stigmatizing charge" has been publicly communicated by
the County or a County official or employee and requesting an opportunity to publicly clear his or her
name. If the applicant or employee meets his or her burden, the County shall provide the applicant or
employee a public hearing opportunity to clear his or her name.

TRAVEL POLICY FOR COUNTY ELECTED OFFICIALS AND EMPLOYEES

Several County offices use County-provided credit cards for the purchase of goods and services when
payment by cash or check is not expedient, practical or desirable. The Garland County Judge, Treasurer
and Comptroller will collectively select a company to obtain the necessary credit cards and establish a
line of credit with that financial services institution or company. Consideration will be given to the
financial services institution or company that can meet the general purchasing needs of the various
County offices and departments, as well as the billing and payment requirements of the County. Credit
Cards should be issued with the County logo, if available.

Each elected official will determine how many cards are needed, not to exceed three (3), and which
employees will be authorized to use them. All cards issued must be logged out and in. The elected
official or authorized department head will be responsible to secure cards not in active use and to
maintain a log of active users, including date logged out, purpose, and date logged in. When cards are
not actively in use, the cards should be locked in a secure location by the elected official or department
head. All employees issued a credit card must sign an acknowledgment form recognizing their
responsibility to comply with the County's policy regarding credit cards. An elected official, at any time
and without notice to the employee, may cancel credit card use authorization for any employees.

The use of credit cards is restricted for Garland County Government to acquire goods and services which
are appropriate for the conduct of County business. No personal expenditures are allowed by
employees with the County credit cards. Any such purchase will be considered unauthorized and the
employee will be subject to disciplinary action up to and including termination. The elected official or
employee will be personally liable for their respective unauthorized charges. No elected official or

46

employee shall use a personal card for any County purchases, absent an emergency. Should such a
purchase occur, the person using a personal card may not be reimbursed.

Each elected official is responsible for the use of the cards by their offices. The elected official is
responsible to make sure that any charges are authorized County expenditures and that adequate monies
are available within the department's approved budget. No card assigned to one (1) office or department
can be used to incur charges by another office or department except for Information Technology (IT),
Maintenance Department, or Finance Department purchases made on behalf of another office or
department. All credit card balances shall be paid in full, within 30 days to avoid interest charges and
late fees.

Original or electronic itemized receipts for all credit card purchases are to be submitted to the Finance
Department for processing, along with the entire credit card itemized statement. Itemized receipts should
include 1) the date of purchase; 2) the name and address of the vendor from whom the purchase is made;
3) each specific item purchased; 4) the purchase order (P.O.) number authorizing the purchase, where
applicable. Copies of receipts will not be accepted without an express written explanation by the elected
official stating why the original or electronic receipt cannot be produced. The Finance Department
shall not be responsible for obtaining receipts. Receipts must have itemized detail of the purchase
as required in this Section. Receipts with the total purchase amount without detailed explanation are not
allowed. Purchases for which receipts cannot be produced or that are not itemized will be considered
unauthorized purchases and may constitute grounds for disciplinary action up to and including
termination. The person that authorized the charge, whether an elected official or employee, may be
personally liable for their respective charges, if the appropriate documentation is not submitted. Any
late fees incurred as a result of insufficient or untimely submitted documentation shall be paid out of the
responsible office's budget.

The Finance Department will submit a monthly report to all elected officials if their office has made
credit card purchases for that month. Each elected official will be required to review and sign a form
acknowledging that they have reviewed their office's credit card purchases. A report detailing credit
card expenditures for the County will be submitted to the Quorum Court as requested by the Court.

Maximum amounts established for purchases. The maximum amount for a single purchase on a County
credit card by an employee is $2,500.00. The maximum amount for a single purchase on a County credit
card by an elected official or department head is $5,000.00. In the event of a declaration of local disaster
pursuant to Ark. Code Ann. 12-75-108, the County Judge can double the limits established by this
Section for the duration of the declaration.

Contractual personnel are not eligible to carry or use County credit cards. County credit cards are the
property of the County and must personally be surrendered to the proper elected official or department
head upon separation from employment or when otherwise requested by the elected official. Employees
placed on administrative leave or suspension will also be required to surrender their cards for the duration
of said leave or suspension.

Credit cards shall be kept in a secure location. Each elected official or department head will be directly
responsible for the physical security of the card assigned to his or her office. Cardholders shall not
permit anyone other than the cardholder to use the card for any purpose. Immediately upon discovering
that a card has been lost or stolen, the cardholder is required to contact the Finance Department.

No inventory items are allowed to be purchased with a County credit card without prior written approval
of the elected official. A copy of the authorization for the inventory purchase shall be provided to the
Capital Assets Coordinator, so that proper adjustments may be made to the County inventory at the time

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