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Lake County Personnel Handbook 2012

Apr 14, 2018

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    LAKE COUNTY, . COLORADOPERSONNEL HANDBOOK

    CHAPTER VRULES OF CONDUCTS OF COUNTY VEIDCLES

    5-1 ployee is to operate a county vehicle or a personal vehicle in the conduct ofcounty business, the employee must provide the county a copy of his valid ColoradoDriver License. Also an employee must report immediately, the suspension orrevoca ion of his driver's license if his job requires the operation of a county vehicle or aperson vehicle on county business, Failure to do so may result in discipline up to andincludi g termination.5-1-1 All em loyees operating county owned vehicles Of equipment that require a CDL will berequire to comply will all regulations as set forth under the Drug/Alcohol Free WorkPlace d Drug! Alcohol Testing Program.5-1-2 loyees must take a county authorized defensive driving class within one year ofemploy ent.5-1-3 Person 1use of county vehicles or equipment is prohibited.

    VIOLENCE IN THE WORKPLACE5-2 Lake C unty's policy is that of threats of violence from fellow employees or the general

    public t i l l not be tolerated. If these threats are of the nature of physical harm, or otherillegal cts, i.e. shooting, bombing, etc., the immediate supervisor must be informed, Thesupervi or will assess t~e threat and noti~ the appropriate authority. Al1.bo~b thre~tsand oth r threats determined by the supervisor to expose another person to imminent riskofphys cal harm must be reported immediately to the Sheriff's DepartmentIf the threat is from a fellow employee, the supervisor must intervene or seek assistancein, interyention. If the ,supervisor ,is unable to re~ol~e the p~oblem, then the D~partmentDirecto , Elected Official, or possibly the Commissioners WIl l need to become involved,Ignorin the problem is not an acceptable resolution.

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    SE CH OF COUNTY PREMISES5-3 Lake ounty Commissioners reserves the right to request the Sheriffs Department to

    search lany and all county property including county vehicles for controlled substances,alcohol or weapons. This right is being reserved for the safety of the County employeesand th I general public. The Commissioners or their designee will conduct these searches.

    DRUG/AL

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    EMPLO ENT5-6 politiCi Activity PolicyAll employee~ are entitled to participate in political activities on their own private time, andmake political contributio~s of their o~. resources with~ut coercion by their s~~ervis~~s orempl?yer. E1lected Of!iclals are ~r.ohi~lte~ from co.erc~g ~mplo~ees to .p.artlClP~t~.m orcontribute to, or to refrain from. participating In or contributing In, partisan political activities bychanging the t~nns or conditions of employment of an employee on account of their participationor nonparticipation in such partisan political activities.

    IEmployees ar~ prohibited from using their official authority, their county work time, or countyresources (including county buildings, property, equipment, phones, fax, email, computers, andcopiers) for ~e purpose of supporting political candidates or causes, or for interfering with oraffecting the result of an election or nomination for office.Some departrrients 01 ' functions may also have to comply with the Federal Hatch Act, whichlimits the ~bi~i~f employees .to participate. in the poli~cal pro~ess. If this applies to adepartment, apl. licants should be informed of this fact at the time of hire.

    SSMENT OF DISCRIMINATION POLICY5-7 No e ployee shall be either favored or discriminated against in appointments,promotions, dismissal other terms or conditions of employment because of race, color,religiod or religious creed, sex gender, age, national origin, handicap or disability, orpolitical affiliation or activity. This "fair treatment" principle includes compliance withthe Federal Equal Employment Opportunity and nondiscrimination laws.Lake County ~oes not condone and will Dot tolerate any form of discrimination or harassmentprohibited by federal, state, and local laws. If you believe that you have been subjected toharassmentj.oc.l . should report the. incident.. immediately either to your superviSo.r, any of theCounty Co ssioners or to the County Attorney.After the COUll I has completed an investigation, actions will be taken by the county to resolvethe complaint \ and to prevent a recurrence of any unacceptable conduct. If warranted,disciplinary action will be taken against the offender, up to and including involuntary terminationof employment with th e County.This policy also prohibits retaliation against an employee who brings sexual harassment chargeso~ w?o. as~istsl in an. investiga~ion ~f char~es. .If ! O U have lodged a. prior harassment. ordiscrimination complamt or assisted m the investigation of such complaint, please report anysubsequent retaliation concerns immediately to the attention of your Supervisor, any of theCounty COrnmiksioners, or to the County Attorney.

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    Any employe that knowingly provides false information to the County about a complaint ofdiscrimination or harassment will be subject to disciplinary action up to and includinginvoluntary t~rmination; if after a full and fair investigation of the matter by the CountyAttorney, the County determines that false information was provided.DiScriminatiot and harassment includes, but is not limited to, the following:

    1. V1rbal harassment, such as epithets, nicknames, slang terms, derogatory terms, orslurs. Suggestive remarks and off-color jokes will not be tolerated. Many peoplef'itid such remarks objectionable, thus creating a hostile working environment.

    2. Ph! sical harassment, such as assault, impeding or blocking movement or anyphysical interference with normal work or movement when directed at an individual.I3. Visual forms of harassment, such as derogatory posters, cartoons or drawings.

    4. setual favors, suchas unwanted sexual advances, which condition an employmentbenefit upon an exchange of se~~al favors ". No employee of any rank shall req~estse~ual favors .as a term or condition of employment; from any employee at any timeor under any Circumstances.

    I5. It is strongly suggested that a County employee neither initiated nor maintain. aromantic relationship with anyone they supervise or anyone who supervises them.Ev n if the relationship is consensual, there is still a possibility of misuse ormisunderstanding. The only exception to this policy is that the County will notin~olve itself .i~ any. empl?yee's off-the _job activiti~s, which do not. affect anemployee's ability to impartially perform his or her assigned work. Any Job-relatedco.ict of interest,. which develops, may be regarded as the responsibility of theparticipating individuals.

    5-7 -1 Sexual arassment can take several forms; in any form it is a type of sex discriminationand, al such, is forbidden by federal law. The law recognizes two major types of

    harass I r ' ent:'QUid pro quo" harassment. Inthis form the victim is typically asked to grantsexual favors in return for some benefit or to avoid some form of harm.

    B. "Hostile work environment." In this form the harassment creates a hostileworking environment for the victim. This type usually takes the form ofinnuendoes and suggestive remarks which the victim finds offensive; thereneed not be any demand that the victim join in a sexual relationship.5~7-2 These ~uidelines apply on All County premises and at any other County activities,

    inCIUdig social events held under County auspices.

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    I A D D E N D U M AJCOUNTY TRAVEL AND.MEAL ALLOWANCE POLICYEffective Date: July 22, 2003~. 0 I all~w emplo~ to performrequired duties o~side the primary wo~ sit~without mcumng personal cost m order to fu1fiIl such duties, a travel allowance ISprovided.~ travel ~ be authorized by the appropriate Elected Official or t J : e 1?epartment 'Director.~-of-state travel IIl1lSt be .approvedby the ~unty

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    3 Lunches will be . reimbursed, at the .per diem rate when the employeetravels otnside the coUllty ofhislher primary work site and is out of county over the mid-I 'day l u n c h period.

    4 1 If an ompJoyee arrives home after 7;30 p.m, as tbe result of travel furo ff ic ia l b u sin e ss , r eimb ur semen t f or d in n er m ay be claimed,, s l No reimbursement m a y be claimed. for any meal that is famishedwithout

    charge to the employee.61 Meals paid for inthe conference, convention or workshop registration feevJill not be reimbursed again. by the County.7 1 Meals pur~ed due to attendance at a mandatory meet ing (whether in-

    C01lD.ty of primary work site or out of such county) will be reio:iQursed according to theper wem\ schedule or at the set fee for the meal (If one ,has been specified) whichever isgreater, The required meeting must be documented and approved by the Elected Official- Ior Department Director.s J Per Mea1Allowa:nce: In-State Travel

    Per J a l a1lo-wancefor instate travel inclusive of tax and tip is as follows:BremLLunchDionerTOTAIL.

    $ 6..008.0016.00$30.00

    9. Fer Meal Allowance: Out-of-State Travelper'i allowance for out-of-state travel inclusive of tax and tip is as follows!Breakfast $ 10.00L~~h\ 10'.00Dinner] 20.00TOT1 40.00

    C. LfDGING _. '. . .'Actual cost of r-easonable accommodations will be reimbursed. Receipt forlodging r l m s t be obtained and submitted with reimbursement requests. (Receipts fromfriends arid relatives are not acceptable.) No reimbursement may be claimed forlodging :fib:mshedat no charge to the employee.D . :M ISCELLANEOUS .lmployee m a travel status may claim.$3.00 for each overnight stay fori D . c i . d . e n t a l k such as persona l telephone, 1aundry~etc. Other Miscellaneous actual expensesincurred " l . . . , . an employee may be claimed as fuJlows:r ..

    I ~ I I " 1 1 1 1 1 1 1 1 \ '\ \ 1 1n l l l ~ ' l l I n l l n l2i10/2011 2:40 PM Patricia Berger .RSO.OO D$O.OO Lake County Record56077470f71 eRS

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    1. R egistra tio n fe es ~ r ece ipt re qu ire d2. C omm ercia l tra nsporta tion cost actoany paid by emp lo ye e - re ce ipt re qu ire d3 . Cou nty offi.cla lbusiness. telephone, pa rk in g fe es, R oa d Ton charges, etc.(receipts required.).4. Car Rental- receipt required5. Fuel a nd eme rg enc y repairs for C oun ty ow ned vehicles - receipt required6. A reasonable a m o U D t jOr t ips to . services personnel such as porters and b e nbdps, taxi drivers,' etc. (Tips paid for meals are inc luded intbemeal allowance .iannot'be claimed s~ly~)E. TIfAVE:L VO?"CBERS AND ADVANCES. Travelvouch~ may~ ~mitted 'monthly-of Senn-monthly!OIPa :ymem:. Travel.vouchersmnst be submitte~ wit:hin45

    days o~ t h r . actual ~ en~ e O .Itravel event . Travelad~s a re on ly grve n whenthetravel mv~lves overm~ 'stays. ~ employee should antiCIpate the need for a traveladvance W conform wlthAccounting Office vou.chercyc1es.F. . ~MBINATIONOFP~ONAL.ANDBUSINESS.TRAVEL. ~oyee, onbusiness travel may be accompanied by a f am ily membe r or :friend, when the presence ofa compJuon will. not interfere with 'successful completion of business 0.bjectives.GenerallyJ employees are also. pe:rmitted. to combine personal travel Vlith business travel"as long d personal time awa:y from work: is reflected on time records. Expenses arisingfrom suchilPersonal travel, or expenses oftbe guest orcompanion of the employee , are ther e s p o n s m r oftbe employee and not.the county;G. ,F~SmCATION OFEXPENSES. Abuse o fthls business travel expense policJ: ',inchiding falsifying expense reports to reflect costs not incurred. by the employee . can be'__.l_.d. ;r:.,~f:..._... - -_3 l u d i n g ' f 10g ro un c s J ...,r~~J ae t ton, up to ,i:LL1U mc -. -termmarsm 0 eIDp' yment.H. Pl~e ~ that when ~elling on official business, you are repre~gLAKE C UNTY. Your personal conduct should be professional and appropriate.

    L UNUSU.AL CIRCUMSTAl'rCES. T h e ,LAKE COUNTYC01Y.lMIS8iONERS reserves the right to modify the mileage, meal andlodging policy and allowances when an employee js involved in unusual orex tra ordma ry circum sta nces, n ot common ly e nco un tered in connect ion withLAKE COUNTY official business. Any such modification w.iIl be discussedwith the Elected OfficialandloI Department Director and the e m p l o Y e e inI a dvan ce of any expenses being changed., /!? '/J/J/)E. F. " B i 1 1 " Hollenback ..etoi~_:'!:..!.._:~~~::L.4:!:e~..d;;;;~"""""'~r:.-tChair, B(l)CC

    I ' . : . ~ . ~ ' , ; / c , < . / 1T E M ...rin:'" 0 < , " " " , , _ - - ~ . . lTkuames '. ,a.~...~",\\\,- ,~ w ;: ;: . : . . ._ .' : ' - ' : .;,..4-J.~~~~o;,o:::::;;~~~"b::P"l-- 'Commiss:i~"t:AKi:~~~\\'I'~_'_ ., _ :- : ; ; 'O " " ( '_ _ , ' . . . .0' fJ~.I~ .. s.... .;;" ':7'- '!":~"'?-_.~ ~.~. _ ~ J t. ~Kenn~' i-6,fS~~ :~.~~~,' 1 : . " " " . 1 A' : : ; ' ; ; ' :~' :!!l ! ~1Ij'. ~z~~.,~~~:=...L:::.~~~!!-_ComtnJ.SS )J . e~ ""', ..... v~~,' ~

    ;0 ~ .~~ .~ ' . ~ ,r ~"l' -:. ~_.~~J ,:., __, '~'.'\-.. j l l " 0; _"i~ ~ .;. " I', ~,+ - : = , . , , _Tfii~~.?( ~~.. ' .... ,~p:fat the regular scheduled BOCC meeting.~~~~~>< 1 ~ ~ I I~ I I I ~ l lm ~ ~ l ln l l l l l

    Patric~: ~'."_~ .....~~ 356077 2110f20112:40PM Patricia BergerClerk & ~ecorder 48 of 71 C RS R $O ,O OD $Q ,O O Lake County Recorde

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    ADDENDllM : sI, I ~ I U l n l l l l l l l l l l l l l l l l l l l l l l l

    349829 8r19/2008 '3 :2 5 PM--- ------'-------------. 52 of 64 CRS R$O.OO D$O.OO3tled "for recoid July 22~1991 at 3: 1$1P.K. Book. 497 Page 243Bee,. lio. 3009651 JUDe 0sBm&D, Lake County Recorder lie

    DRUG-FRS!: WORxPLACE POLICY

    In a.ccord~nc9 with the CRUr.I-FREB WORXPLACE ACT OF UBS,.LakeCounty lis required to certify tnat it'will ensure a drug-free' workplace. Fal1ureto comply with tbia requirement couldresult in the suspens1onof federal funds to the County. 'Thisrequlrelllen't Ipreaentsboth a necessity and an opportunity to talteLmmediate action to e11m1nate drug abuse frem tha wor kplace . Tothat end the following policy IB e:U'ective immediately. .5TATEMEh~ OF POLICY

    (~) It 18 the policy of t.he Board. of CountyCOlNliasionar. of LakaCounty t.hat the unlawful manufacture,di.tribut1.O~, dispensing, pOBlJe.S.B10.n OJ: use ola c:ontl;'olledBW?st.anc:e 1~_prohlbi ted. 1n the. ~ounty wo~kpla.ce. Any employes'found .in vJ f)lclt,1on of that polley will be subject t9 dl.clpllnaryaction., up to and InclucUng tarminatlatt for a first offense.(~) Tbe Lake Co~nty Department 01 PUblic Health sballest.abl,ish an ongoing drug-free awareness program. t.o Infortne mp lo ye es a Do ut ;- the dangers of drug abuse in the wo,rkplace- the COUIlty' B pOl~cy of maintaining a drug-freew:orkp,lace- a n d a v a l l . e l : I l . edrug c o u n s e l i n g , rehabll1.tat1.on andEKIlployeeassistance programs: and .. .

    i- tft.e. penalties thcit lIIAYbe imposec1 upon emp10yees fOZ:drug-abuse. violatioris occurrIng inthe workplace'I ~(ee) It 13 reCiU1ril4 that each illltployee to be engaged 1nthe .perf'o~ca of a.nyfader~1 grant beglven a 'covyof thispolicy.(a) bployees e . r e l n o t i f 1 e d that,.&s IS condition ofem.ployment.under any federallgr.nt., the employea vil.l, .;- a.:b1de .......the teru of thil polley. ~z ,- notify Lak.ecQun1yIn. m=ltlnq of sny cr111l1naldrggstatut. convlctlol\ for .. vlo~ ..t~cm Qccurrln9 in the worltplacQ no~atur than t1VQ calun~ar dan Dt:ter ."ell ggnv1.c.t1on

    Pa tr ic ia Be rg erLake County Record

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    1 1 1 1 1 1 1 ~ 1 1 1 1 1 ' I \ 1 1 1 1 1 ' \ I I ' I ~ ~I1 1 \ U I349829 8/19/20083:25 PMS3 of64 CRS R$O.OO D $O.OO

    . Pa tricia BergerL ak e Cou nt y R ec ord e;.._--------------------__:_--~- ._ -- . . _ .,. . Book 497 Page 244c

    ADOPTED

    ----~----.

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    Pa tr ic ia B e rg erL a ke Cou nt y R e co rd ei

    ADDENDUMCAMERICANS WITH DISABILITIES ACT (ADA)

    The Americans With Disabilities Act, Title 1, prohibits discrimination against a qualifiedindividual wi~ a disability and requires reasonable accommodation in . employment to knownphysical and mental limitations of job applicants and employees. "Reasonable accommodation"is an employer responsibility beyond the duty of non-discrimin a ti on.A person is considered an "individual with a disability" under the ADA ifhe or she:

    (1). has a physical ormental impairment that substantially limits one or more majorlife activities such as walking. talking, seeing, hearing, etc.(2) has a record of suchan impairment ,(3) is regarded as having such an impairment. A persori is .considered to be an individualwith a disability if any one of these three conditions applies. "Physicalor mentalimpairment" includes: '(a) any physiological disorder or condition, cosmetic disfigurement, oranatomical loss o r " '(b) any mental or psychological disorder.In additions. overage under the ADA includes, but is not limited to, individuals with cancer,blindness, diabetes, epilepsy. AIDS, HIV infection, learning disabilities. a hearing Irnpairmeat,or a mental illness. Coverage also includes recovered or recovering alcoholics and drug addicts,howeve r, t he law spe cif ic a lly e xc lu de s f rom the definition of d isab il it y ( and ADA protections)individuals curr-ently engaged; in the illegal use of drugs.

    Discrimination against a person with a disability is prohibited inhiring (including jobadvertisements, recruiting, job applications and tests, and job description criteria), compensationand, benefits (including leave policies, work schedules, and post-employment benefits), jobtraining, discipline and. discharge, advancement, and other terms, conditions and privileges ofemployment (including employer-sponsored social or recreational programs) ..Quali.ed IndiYidual with a DisabilityThe term 'qualified individual with a disability' means an individual. with a disability who, 'Withor 'Without reasonable accommodation, can perform the essential functions of the job that suchindividual holds or desires.Essential FunctionsThe term "essential functions" means the fimdamentaljob duties of the employment position theindividual with a disability holds or desires. It does not include the marginal functions of theposition. A jo lb function may be considered essential for a n y of several reasons, including, butnot limited to the following:

    1.. The reason the position exists is to perform that function

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    P a tr ic ia Be rg e rL ak e C ou nt y R ec ord e

    2. Because of the limited number of employees available amount whomthe performance of that job function canbe distributed and/or3. The function may be bighly specialized so that the incumbent in theposition is hired for his/her expertise or ability to perform theparticular function.It is incumbent upon the employer to determine the "essential functions of a job" in order to seeifa person with a disability is qualified or can be reasonably accommodated, Evidence of

    whether a particular functions is essential includes, but it not limited to: (1) the employer'sjudgment as to which. functions are essential; (2) written job descriptions prepared beforeadvertising and interviewingapplicants for the job; (3) the amount of time spent on tbejobperforming the function; (4) the consequences of not requiring the incumbent to perform thefunction; (5) the work experience .ofpast incumbents inthe job; and/or (6) the current workexperience of incumbents in similar jobs.Reasonable AccommodationsReasonable accommodations are required ifrequested, unless the accommodation would. createan undue hardship, assuming the individual with a disability is qualified for the job. Reasonableaccommodation may include: (1) making exiting facilities used by employees readily accessibleto and usable by individuals with disabilities; and (2) job restructuring, part-time or modifiedwork schedules, acquisition or modification of equipment or devises. appropriate adjustment ormodifications of examinations, training materials or policies, the provision of qualified readers orinterpreters, and. other similar accommodations for individuals with disabilities.To determine the appropriate reasonable accommodation itmay be necessary for the universityto initiate an informal, interactive process with the qualified individual with a disability inneedof the accommodation. This process should identify the precise limitations resulting from thedisability and potential. reasonable accommodations that could overcome those' limitations ..Undue HardshipThe term "undue hardship" means an action requiring significant difficulty or expense. whenconsidered in light of certain factors. Factors to be considered in determining whether anaccommodation would impose an undue hardship include: '

    The nature and net cost of the accommodation needed The overall financial resources of the organization, not just the department The size ofthe organization with respect to the number of employees and the number,type and location of its facilities. The type of operation(s) of the organization, including t h e composition, structure andfunctions of the work force and the geographic separateness, administrative,. or fiscalrelationship of the facility or facilities in question

    The impact of the accommodation upon ht operation of the facility,including the impacton the ability of other employees 'to perform their duties and the impact on the facility'sability to conduct business.

    Employer Exceptions

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    \ \ l I n ~ \ ~ l \ \ \ ' ' '\ ' \ \ \ \ \ \ \ U \ l \ , \Patricia Berger .L ak e Cou nt y R ec or de49829 8/19/20083:25 PM56of64 CRS R.$O.OO DSO.OO. . . " ' ' '' ' >There are two major reasons why the county may not be required to provide reasonable t~accommodation to a qualified disabled person: ::;3-'-.J

    1. Undue Hardsbip -performance of the essential functions ofa position by an individual ()'With a ; disability cannot be accomplished with a "reasonable accommodation" (i t would ~require an unreasonable accommodation that is too costly and/or too burdensome); or

    2. A Direct Safety or Health Risk - The individual with a disability would pose a "directthreat to the health or safety of others in the workplace." However. the county needs toidentify, on a case-by-case basis. the specific behavior which would constitute the "directthreat",PROCEDURE

    1. Elected Officials and Department Directors should periodically review their jobdescriptions to. ensure all physical and/or mentaljob requirements are job-related,consistent with business necessity, and necessary for the safe performance of the job.2. During the recruitment and. selection process. Elected Officials andDepartment Directors

    shall determine if candidates possess the necessary qualifications and that they can safelyand efficiently perform the essentialjab functions. Elected Officials and DepartmentDirectors may not inquire whether an applicant is disabled or ask about the nature orseverity of a disability.3. Requests for reasonable accommodations should be directed to. the employee's immediate

    supervisor or prospective supervisor. The request may be either verbal or written.4. The County Clerk is available to. advise Elected. Officials and Department Directors onmatters of reasonable accommodation and should he notified within three working daysof any such requests.5. The Elected Official or Department Director' and.the individual with a disability shouldwork in partnership to. determine appropriate and 'effective accommodation, ElectedOfficials or Department Directors seeking financial assistance inproviding reasonableaccommodation should contact the County Commissioners. ,

    6. All requests for reasonableaccommo.dation will remain confidential, Any informationregarding any employee's physical or mental disability will also be kept confidential,except to inform Elected Officials and Department Directors on a need-to-know basisabout any work restrictions and safety precautions. 'The County Clerk willma;ntaina confidential file ofrequ:ests an d decisions to ensure that consistency andc om plia n ce is maintained.

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    1 1 1 1 1 1 1 i l l 1 1 1 1 1 1 1 1 1 \ l 1 ~ 1 1 1 1 1 1 1 1 1 1 1 \349829 8119/20083:25 PM57 of 64 CRS R$O.OO D$O.OO Pa tr ic ia Be rg erL ak e C ou nty R eco r

    ADDENDUMDBIPP A Privacy Policy

    Privacy of Personal Health InsuranceThis policy shall apply to all county employees, volunteers, elected officials who aresignatory to this policy. and all funded individuals. departments, boards, or functions fallingunder-the budget authority or supervisory authority of the Board OfCOlIDty Commissioners.The county intends by this policy to ensure compliance with all federal and state rulesregarding the privacy ofinformation, 'Withoutregard to the source or type of information. Theserules include but a r e not limited to the Federal Privacy Act provisions applicable to counties (5

    U.S ..C. 501 et seq.), the Health Insurance Privacy and Portability Act, the privacy exceptionsunder the Colorado Opens Records Act, and all other acts and laws governing any functionsassigned to county government by federal or state agencies including the Standards for Privacyof Individuals Identifiable Health Infonnation inhe federal law known as HIPPA. 'These mayinclude laws and rules applicable to public health, social services, law enforcement, detention,employee records" credit protection and. other funct ions performed by the county,

    Improper disclosure of medical records including personal health information is strictlyforbidden and constitutes a criminal offense under Colorado law. C.R.S. 18-4412 provides thatnay person who, without proper authorization, knowingly obtains a medical record or medicalinformation with the intentto appropriate the medical record. or.medical information to his or herown use or to the use of another. who steals or discloses to an unauthorized person a medicalrecord or medical information, or who, 'Without authority. makes or causes to be made a copy ofI .-a medical record or medical information commits theft of a medical record or medicalinformation.pmP,rocednres Mandated byNew Law

    To effectuate this policy w i t h . respect to personal health information, the county hasappointed a Privacy Officer, has adopted this set of Policies and Procedures, will post PrivacyNotices on all employee bulletin boards a t county facilities, and will investigate and log eachreported privacy breach regarding pm and take steps to prevent any further erosion of privacyfor all personal health information re~ardless of location or manner of storage or transm; ssion.Commencing on April 14, 2003, and thereafter, a ny individual who believes that theirPersonal Health information has been created, transmitted, or used. inviolation ofHIPP A mayreport the alleged improper use t o the County Privacy Officer who shallmake and retain a log ofeach such report, and either investigate and take; all necessary steps to protect agaio.st an y futureuse of the Bill. The log shall be retained continuously for 6 years under HIPPA rules.

    356077550f71 CRS\ I I lI U \ \ 1 1 \ l \ I t , \\ ~ n \ ~ 1 m 1 1 1 1U211( ll2011 2:40 PM Patricia BergerR$cl.OO D$O.OO Lake Coun tyR ecord~

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    \ ~ \ \ " ~ \ ~U m l \ I I I I I U m l l i tPa tr ic ia B e rg erL ak e C ou nty R ec ord er349829 8/19/2008 3 : 25 PM58 of 64 CRS R.$O.OO D$O.OO

    Privacy Officer

    The county privacy.official shall be the Head Nurse at the Health Department TheCounty Privacy Officer's duties shal l include all necessary tasks to insure that the countyremains incompliance with HIPP~ including but not limited to:1. Monitoring and implementing the county's privacy proceduresthrough training,supervision and follow-through with all county personnel;2. Receiving. investigating and resolving complaints regarding potential breaches ofprivacy;3. Maintaining a log of such incidents that complies with IDPPA; and4. Reporting on such duties to t h e Beard of County Commissioners not less than once

    pery~.5. Ensuring the proper postings of a currently valid Notice per HIPPA

    Posting of NoticeThe Notice ofHIPPA Privacy identifiedbelow as Appendix A shall be posted. in the

    designated area for each of the county facilities.

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    PatriciaBex:gerLakeC01.IDty Record

    APPENDIX AIDPPA Privacy PolicyNOTICE OF PRIV ACY.PROTECTIONS FOR PERSONAL HEALTHINFORMATION (Pill)

    Definition of "Protected Health Information" or "Personal Health Information"Hereafter, when referring to personal health information, protected health information, ormedical records under any of the applicable laws, this policy shall use the term pm. In thispolicy, t"PIIT' shall mean personal health information, and shall include any medical records orpersonal health information is covered by any o f these laws and specifically including all

    information which is or may be individually ident ified. "Protected Health Information" as definedin allparts ofIDPP A, including 45 CFR 160 et seq.To effectuate this policy with respect to PHI, the county has appointed a Privacy Officer;and adopted a set of Policies and Procedures that can be found in the County Handbook.; willhereafter post Privacy Notices on the designated bulletin board at all of the county facilities; and

    Will. hereafter investigate and log each reported privacy breach regarding PHI and take steps toprevent any further erosion of privacy for all personal health information regardless of locationor manner of storage or transmission.Commencing on April 14, 2003, any individual who believes that their personal health

    information has been created, transmitted, or used inviolation ofHIPP A may report the allegedimproper use to the County Privacy Officer who shall make a 10g of the report, and eitherinvestigate and take all necessary steps to protect against any future use of the pm. .The county expects all of it s employees, officers and volunteers to refrain from an yconduct which would unnecessarily infringe the privacy rights, including privacy of their pm, of

    its employees, volunteers, or clientele. All employees, including supervisors, are ~ected toconsult these rules regarding the necessity of procuring a signed release of information:fi:om theindividual whose pm is .involved.Ifan-Y,persoD.,ncluding supervisors, is unsure of whether or not the discussion or releaseof Pill would be a violation of a person's privacy rights, they are expected to consult 'With their .

    supervisor or the COUD.ty privacy officer before releasing any information.Complaint Process

    .Any individual alleging that their personal protected health information has been used ordisclosed improperly (i.e., in.violation ofEIPPA) by an offices, volunteer or employee of the

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    County should file anintema1 privacy complaint 'Within seven (7) calendar days of receivingknowledge of the potential wrongful disclosure.The complaint must be filed with the County Privacy Officer. Such complaint must bemade inwriting on the county-specified form,Retaliation against any person filing, Investigating. cooperating with an irrvestigation, orproviding evidence for an investigation under this complaint process is strictly prohibited. Aninternal complaint may be amended or filed for alleged EIPP A retaliation.The CountyPrivacy Of:5.cerwill ensure tliatthe complaint is logged, investigated andresponded to in a manner which will be designed to prevent potential improper disclosures ofPHI in the future. This. process will include a finding in each instance of whether or not analleged improper disclosure was "substantiated" by the evidence taken as a . whole. or whether the

    alleged improper disclosure was "unsubstantiated" by the evidence taken as awhole, Thein div idu al w ho h as allegedly b een h arm ed by the disclosure shal l not have nay substantive orprocedural interest in the determination of thematter, other than as a factual witness, not in theactions taken to prevent any potential disclosures in the future.W heth er s ub s ta n tia te d or u nsu bs ta n tia te d, e ac h complaint and related information shallbe preserved in a log which complies with HIPP A rules. Substantiated improper disclosures oruses ofFID and violations of the anti-retaliation p olicy m ay subject individuals to censure ordiscipline, up to and including termination, depending on the frequency and severity of thesubstantiated violations and the potential damage which could result or could have resulted fromthe disclosure or use. and the evaluation by the Privacy Officer as to whether such action is the

    best response available under the circumstances to prevent future disclosures.

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    ADDENDUMEWORKER COMPENSATION

    On the Job SafetyThe Elected Officials and Department Directors recognize that its employees are essentialcontribution to its public service mission, Safety in the workplace is the responsibility of eachand every employee, Department Director and Elected Official. All employees are to work inasafe manner, use available safety equipment and devices, attend required safety training or make-up the training, and infonn Elected Officials and Department Directors of any potential hazardsor unsafe practices which they observe or of which they have knowledge. Employees shouldreport unsafe conditions they observe and management should correct the situations.Elected Officials an d Department Directors hold a special duty to report and correctviolations of any safety rule or procedure. Elected Officials and Department Directors should

    not require that employees complete a task. that is thought to be unsafe or to be performed undersafe conditions.

    Work Related Injuries or IllnessThe Elected Officials and Department Directors recognize that its employees are essentialcontributors to its public service mission. In keeping with this mission, the Elected Officials and

    Department Directors are committed to returninginjured or illemployees to work, within safeand healthy medicalpractices, as ~oon as practical. 'On the job injuries or job-related illnesses are to be reported immediately, ifpracticable,to the employee's supervisor or to the personnel officer, In.no event shall a report of injury to an

    Elected Official or Department Director.An. initial report. of worker's injury or illness shall be filled. out by the employee by theend of the shift. The employee's supervisor shall conduct an immediate inspection of the site ofthe injury or illness, make a determination of the conditions andlorbehavior leading up to theinjury or illness, identify any witnesses and determine what steps or conditions would prevent a

    future injury or illness of a similar nature. This information is to include on the First Report ofInjury form to be filed with CWCP within four days or less under Colorado law.Ifan injury or illness is determined not to be work-related, an employee may be' denied

    worker's compensation benefits and injury leave coverage. The county reserves the right toconduct or authorize any investigations of the injury or illness or the recovery of the workerwhich it deems necessary. Failure to follow any posted or stated safety rule on.the job mayresult in reduced workers' compensation indemnity and . possible disciplinary action up to and

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    including immediate discharge. Such disciplinary action shal l not interfere with any rights theemployee may have under applicable workers' compensation laws.Work related injuries orIllness - Medical Treatment

    Employees of Lake County are covered under a worker's compensation insurance policy ..This is an insurance policy which insures medical expense payments and a portion of lost wages(generallyaboutn2/3s) will be paid to the eligible injured party. Bylaw, all injuries must bereported to the county's worker compensation carrier (CWCP) inwriting within four days inorder to . be compensated.All county employees who. incur ajob related injury or illness which requires medicaltreatment are required to. report to.the county's designated medical service provider. who is:

    Dr. Lisa Zwerlinger7190486-1264Inthe event of an.emergency, treatment should be sought at the nearest emergencymedical facility. The designated medical service provider should be notified as soon as possiblethereafter by the employee or the supervisor, ifthe employee is unable to do so,

    Work related injuries and illness - Employee ResponsibiIiti.esThe employee is required to:1. Cooperate with reasonable medical treatment plans;

    2. Schedule and attend aU fellow-up medical appointments and therapy as required underthe medical. plan;3. contact or visit, ifpossible, the supervisor promptly .aftereach medical appointment toinform the county of your ability to ' return to work and to . provide a copy of thePhysician's Report, keeping t h e m informed of work status and conditions;4. Observe and follow all established physical and medical restrictions at all times and at allplaces, or return to.the doctor for any necessary adjustment afthose restrictions;5. Perform temporary modified duty for the county, if assigned, within the medicalrestrictions;6. Accurately record anytime charged to' worker's compensation. and submitting time sheetsas directed;

    7. Keep incontact as needed with. the County Clerk inorder t o ' arrange for the properpaperwork to be completed;8. Return to work as soon as possible after the medical provider has cleared the employee to.go back to.work.

    Work related injorles or illness- Return to Work

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    ~ ~ n1 1 1 1 1 1 1 1 ~ 1 1 1 1 ~~ ~ 1 1 1 1 1 1 1349829 8119/20083:25 PM63 of 64 CRS R$O.OOD$O.OO Patricia . BergerL ak e C ou nty R ecThe Elected Officials and Department Directors are committed to returning injuredemployees to work, within safe and healthy medical practices, as soon as practical As soon aspossible after the injury, and when the employee ismedically able to return to work, a writtenmedical release from the designated medical service provider must be received by the countypersonnel department. Ifthe medical release specifies tha t the employee may return. to work, theemployee will be returned to work immediately or as soon as practical. The medical releaseshould be a county-approved Physician's Report form.The Elected Officials and Department Directors reserves the right to require any treatingphysician to review the employee's job description, including a description of essential duties,and express an opinion as to whether the employee may safely perform the essentialjob duties,before putting the employee back to work with or without temporary modifications or morepe rmanen t accommodations.

    Work related injuries or illness - Employee Compensation"When an employee is unable to return to work and perform his or her duties on accountof a work-related injmy or illness, the employee will be eligible far workers' compensationinsurance coverage) paid for by the county, after three days.. Ifthe lost time for the injuiyexceeds tw o weeks, the first t h re e schedu le d days will. be paid. by t h e worker compensation

    carrier ..The employee is required to follow medical instructions, including specified behaviors orconduct, whether on or off the job, to facilitate recovery and to preventre-injury. The onlyexceptions made to this policy will be for religious benefits of the employee.

    Work related injuries or illness - Temporary M.odifi.edDutyThe County is committed to returning injured employees to work, within. safe and healthymedical practices, as soon as practical, Ifhe medical release puts any limitations on theemployee's physical or mental ability to fully perform the duties of the job. or limits theperformance of those duties by requiring any adjustments induties, equipment or tasks; or anyadjustments inbreak or work times or frequencies. then the medical release must specify in detailany physical or mentalconditions which. the employee still has which requires the adjustments.The medical release must also specify how long those conditions are expected or predicted to

    last, or how frequently they may reoccur. Ifthe medical provider has any suggestions regardingpossible modifications for temporary conditions to enable the employee to go on temporarymodified duty, those can.be included in the written medical release to return to work

    Modified duty may be granted but is not required to be granted to an injured employee.Any modified duty must be supported indetail by the written-recommendations of the designatedmedical provider and have the approval of the Elected Official or the Department Director.Denials of temporary modified duty should be based on.the business necessity of .theDepartmen t. .1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 U l i l i m 1 1 1 1 1 1 1 1356077 2/10/2011 2 :4 0 PM61 of 71 CRS R$O.OO D$O.OO Pa t ri ci a Be rge rL a ke Cou n ty Record

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    This type of grant of temporary modified duty is contingent on.work being available inthe County and for which the employee is otherwise qualified under the usual minimum. .qualifications of the job. The employee is still obligated to continue to meet ali employeeresponsibilities explained in . this section. of the handbook.Work related injuries or illness -Permanent. Limitations

    Inhe event that an employee on temporary modified duty is not able to perform theessential conditions of the job (with or without reasonable accommodations) the county mayterminate the employee based on a consideration of county business necessities. Ifthe employeehas limitations of a permanent nature which slhe believes may be accommodated in the jobposition, a request for accommodation under the ADA must be made.

    A written request must be made to the Elected Official or Department Director, Finaldecisions on the reasonableness of such request, and whether they represent an undue hardship to.the county under the ADA, shall be made by the BOCC in consultation with the employee, andthe appropriate Elected Officia1(s). kly employee granted accommodations must meet theminimum qualifications for the position and must satisfactorily complete any performancestandards, taking into account the accommodations. Any failure of the employee to cooperate inp rov idin g tim ely a nd sufficien t m ed ica l in fo rm atio n, in clu din g p rov id in g a sig ned a uth oriza tio nfor Release of Medical Information to the county's designated medical provider, may result inthe county's denial of a . requested accommodation.

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