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CLEVELAND HEIGHTS-UNIVERSITY
HEIGHTS PUBLIC LIBRARY
Human Resources Manual
March 1993

Revised March 1999


Revised June 2000
Revised June 2001
Revised June 2002
Revised October 2002
Revised June 2003
Revised June 2004
Revised June 2005
Revised June 2006
Revised June 2007
Revised June 2008
Revised June 2009
Revised June 2010

Prepared By:

Gortz & Associates, Inc.


24100 Chagrin Blvd., Suite 260
Beachwood, Ohio 44122
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ACKNOWLEDGEMENT OF MANUAL REVIEW

I have read and I understand the Human Resources Manual of the Cleveland Heights-University
Heights Public Library.

I understand that this is a guide only, and that if I need further information, I may obtain it from
my supervisor or from the Human Resources Coordinator. I understand that a copy of the
manual is available in each branch, each main library department and electronically. I also
realize that the policies in the Human Resources Manual are under continual review and are
subject to change at management’s discretion. I will make myself aware of such changes, as
they are incorporated in this manual.

I further understand that this manual is not intended in any way to create an employment
contract. No department head, supervisor or representative of the library, other than the Board
of Trustees or the Director, has any authority to enter into any agreement for employment for any
specified period of time, or to alter the at-will nature of my employment.

As an at-will employee of the Cleveland Heights-University Heights Public Library, both the
library and I have the option to conclude the employment relationship at any time. In
consideration of my employment, I agree to conform to the rules and regulations of the
Cleveland Heights-University Heights Public Library. I acknowledge that no written policy of
the Cleveland Heights-University Heights Public Library is a contract or other legal guarantee
that the library will continue any practices described in such written policy.

EMPLOYEE SIGNATURE DATE

JUNE 2009
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TABLE OF CONTENTS

PREFACE

ORGANIZATIONAL CHART

Chapter 1 INTRODUCTION AND GENERAL EMPLOYMENT CONDITIONS

Section 1.1 Introduction and Purpose of Policies


Section 1.2 Objectives
Section 1.3 Management Rights
Section 1.4 Scope of Coverage
Section 1.5 Policy Changes, Dissemination and Suggestions
Section 1.6 Fair Employment Practices
Section 1.7 Diversity Statement

Chapter 2 RECRUITMENT, SELECTION, APPOINTMENT

Section 2.1 Recruitment


Section 2.2 Selection
Disqualification
Section 2.3 Application Records
Section 2.4 Employment Eligibility
Ohio Homeland Security
Immigration/Citizenship Status
Driving Record Check
Professional Verification
Proof of Liability Insurance
Section 2.5 Appointment
Initial Evaluation Period
Position Assignment
Assignment of Relatives
Promotion
Transfer
Demotion
Reappointment

Chapter 3 CONDITIONS OF EMPLOYMENT

Section 3.1 Employment Status


Section 3.2 Employment Records
Personnel Files
Personal Data
Medical Records
Chapter 3 CONDITIONS OF EMPLOYMENT – Cont’d

Section 3.2 Employment Records


Reference Requests
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Section 3.3 Medical Exam


Section 3.4 Hours of Work
Students
Meal Breaks
Rest Breaks
Section 3.5 Disability Accommodation
Section 3.6 Exposure to Contagious Disease
Section 3.7 Bulletin Board
Section 3.8 Employee Assistance
Section 3.9 Staff Association
Section 3.10 Light Duty Policy
Section 3.11 Concealed Weapons Prohibited

Chapter 4 COMPENSATION

Section 4.1 Salary Administration


Section 4.2 Placement on Salary Schedule
Section 4.3 Workweek
Section 4.4 Time Cards
Section 4.5 Record Keeping
Section 4.6 Payday
Section 4.7 Payroll Deductions
Ohio Public Employees' Retirement System (OPERS)
Income Taxes
Medicare Tax
Health Insurance
Voluntary Deductions
Garnishments
Deferred Compensation
Section 4.8 Retirement Pick-Up
Salary Reductions
Library Pick-Up
Section 4.9 Temporary Position Assignments
Section 4.10 Sunday Work
Section 4.11 Overtime Compensation
Non-Exempt Employees
Exempt Employees
Section 4.12 Call-In Pay
Section 4.13 Reimbursement of Expenses
Transportation
Lodging
Meals

Chapter 5 BENEFITS

Section 5.1 Insurance


Health Care Insurance
Life Insurance
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Dental Insurance
Vision Insurance
Long Term Disability Insurance
Long Term Care Insurance
Workers' Compensation
Section 5.2 Flexible Spending Account
Section 5.3 Ohio Public Employees' Retirement System (OPERS)
Section 5.4 Earned Time Off (ETO)
Full-Time and 30-Hour Employees
Regular Part-Time Employees
Section 5.5 Holidays
Section 5.6 Sick Leave
Section 5.7 Court Leave
Section 5.8 Military Leaves
Military Reserves
Uniformed Service Leave
Section 5.9 Bereavement Leave
Section 5.10 Leaves of Absence
Family Medical Leave
Other Leaves of Absence
Section 5.11 Parental Leave

Chapter 6 PERFORMANCE EVALUATION

Section 6.1 Purpose


Section 6.2 Types of Evaluation
Initial Evaluation
Annual Evaluation
Special Evaluation
Supervisor's Evaluation
Section 6.3 Evaluation Procedure

Chapter 7 STAFF DEVELOPMENT

Section 7.1 New Employee Orientation


Section 7.2 Meetings and Conferences
Section 7.3 Educational Opportunities
Section 7.4 Staff Development Day
Section 7.5 Community and Professional Activities
Section 7.6 Approval of Attendance at Meetings and Conferences
Determination Procedure
Selection of Participants
Section 7.7 Professional Memberships

Chapter 8 EMPLOYEE CONDUCT

Section 8.1 Code of Ethics


Section 8.2 Attendance
Absence Reporting
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Frequency of Absences
Tardiness/Early Departure
Weather Related and Emergency Closing
Section 8.3 Outside Employment
Section 8.4 Department Equipment
Computer Software and Data
Section 8.5 E-Mail/Internet Policy
Section 8.6 Confidentiality
Section 8.7 Employee Identification
Section 8.8 Staff Meetings
Section 8.9 Staff Rooms
Section 8.10 Drug-Free Workplace
Section 8.11 On the Job Injury
Section 8.12 Use of Telephones
Section 8.13 Speaking Engagements
Section 8.14 Garnishments
Section 8.15 Dress and Hygiene Standards
Employees Who Are Not Required to Wear a Uniform
Employees Who Are Required to Wear a Uniform
Section 8.16 Solicitation and Distribution
Section 8.17 Smoke-Free Environment
Section 8.18 Workplace Safety and Health
Section 8.19 Communication with the Media
Section 8.20 Harassment
Section 8.21 Credit Card policy

Chapter 9 COMPLAINT PROCEDURE

Section 9.1 Complaint Procedure

Chapter 10 DISCIPLINE

Section 10.1 Progressive Discipline


Progression of Discipline
Progressive Discipline Offenses
Group 1 Offenses
Group 2 Offenses
Group 3 Offenses
Section 10.2 Pre-Suspension, Reduction or Removal Procedure

Chapter 11 SEPARATION FROM EMPLOYMENT

Section 11.1 Voluntary Separation


Resignation
Abandonment
Retirement
Public Employees' Retirement System (OPERS)
Section 11.2 Involuntary Termination
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At-Will Discharge
Retrenchment
Section 11.3 Termination Benefits
Health Care Benefits Continuation (COBRA)
OPERS - Disability and Survivor Benefits
Accrued Leave
Sick Leave Conversion
Unemployment Compensation
Section 11.4 Exit Interview

APPENDICES

A. State of Ohio Ethics Law


B. Last Chance Agreement
C. Library positions requiring valid Ohio driver’s license and acceptable driving
record.

FORMS
Section 2.2 Application Form
Section 2.2 Authorization to Obtain Records
Section 2.3 Equal Employment Opportunity Form
Section 2.4 Declaration Regarding Material Assistance/NonAssistance Terrorist
Organization
Section 2.4 INS Form I-9
Section 4.4 Time Cards
Section 8.11 Accident Report Form
Section 11.4 Exit Interview Form

INDEX
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PREFACE

The Cleveland Heights-University Heights Public Library is organized under Ohio state law as a
school district public library. A seven-member board, one member appointed each year by the
local Board of Education for a seven-year term, governs the library. The taxing authority is the
Board of Education, but the library operates under a separate budget with funds derived
primarily from the Library and Local Government Support Fund and several property tax levies.

In November 1916, a Board of Trustees was appointed to form a public library for the village of
Cleveland Heights, but because of World War I, the library was not organized until 1920. At that
time, a librarian was appointed, and the Cleveland Heights Public Library opened in the
basement of the Coventry Elementary School where the school library was merged with it. In
1926, the library moved into its own permanent building.

The Cleveland Heights-University Heights Public Library, as it is now named, is comprised of


four buildings: the Lee Road (Main) Library, originally built in 1968 on the site of the 1932 Lee
Road Branch, and renovated in 2006 holds a collection of about 225,000 volumes; the Noble
Neighborhood Library, built in 1937, holds some 41,000 volumes; the University Heights
Library, built in 1952, holds over 42,000 volumes; and the original 1926 building, which became
the Coventry Village Library in 1968, holds about 33,000 volumes. All buildings house
additional materials for public circulation including magazines, audiobooks, movies, and music.
Computers and meeting rooms are available for public use

In 1973, the library placed its first five-year operating levy on the ballot, which passed by 67.8
percent vote. This financial support has allowed the library to develop the innovative approach to
public service that residents of the community have come to demand. For example in 1981, the
Cleveland Heights-University Heights Public Library was the first library to join the Cleveland
Public Library's automated circulation system and on-line catalog. CLEVNET, as it is now
known, has grown to serve over thirty libraries in northern Ohio. In 1986, the library was named
one of the fifty best libraries in the United States by the School of Library and Information
Science at the University of Illinois. The library continues to maintain its high standards and is
known for its outstanding customer service.

Although its boundaries coincide with those of the Cleveland Heights-University Heights School
District, being adjacent to the major metropolitan area of Cleveland enlarges the role of the
library. The population of Cuyahoga County is highly mobile and most residents use several
libraries to meet their informational and recreational reading, viewing and listening needs; thus,
many people come into the library from outside its immediate service area. Participation in
CLEVNET also expands the library's role through the sharing of materials and resources both
within Cuyahoga County and throughout the state.

Funding for the library from the Public Library Fund, is derived from a percentage of state-wide
general revenue fund. Receipts from this source depend upon general economic conditions in
Ohio and upon allocation decisions made by the Cuyahoga County Budget Commission.

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State law limits the property tax levy, to the revenue generated by appraisal values at the time of
levy passage. As a result, property tax revenues can not increase significantly during the term of
a levy. Properties in the library's taxing boundaries are largely residential.

Economic and political uncertainties continue to affect future allocations of the Public Library
Fund.. Library trustees and management believe that careful planning and expenditure of funds is
essential to withstand any material effect on levels of public service. In November 1992, our
residents approved a continuing, four mill operating levy by a two-to-one margin. Since 1993,
this levy generates about $2,875,000 each year. In 2000, the residents approved another
continuing operating levy of 1.9 mills, providing an additional $1.6 million annually. Passage of
these levies ensures continued public service levels in the face of increasing costs.

In November 2001 the voters of the Cleveland Heights-University Heights City School District
approved a $9.5 million bond issue. This money supported the renovation of the Main Library,
the former Heights YMCA, purchased in 2000, and the construction of a pedestrian walkway
over the street between the two buildings. This increased space, from 64,000 square feet to
110,000 square feet, allowed needed growth in all departments and increased programming for
the community.

In 2008, a 1.9 mill operating levy was passed by the voters but the ensuing national recession
made it necessary to cut the library budget significantly.

The Cleveland Heights-University Heights Public Library has a Board-appointed Director who is
responsible for the administration of the library. There is also a Fiscal Officer who is responsible
for overseeing the library's financial affairs. Delegation of authority is passed down from the
Director to the Administrative Support Team. The Organization Chart for the library follows.

The library’s Mission:

The Cleveland Heights–University Heights Public Library—Opening


Doors, Opening Minds.

At the Cleveland Heights-University Heights Public Library, the customer's needs are our top
priority. Our goal is to anticipate those needs, and fulfill them as best we can to provide our
customers with a more rewarding library experience than they can get at other public libraries.

All staff are encouraged to make decisions that will result in success for library customers. This
means that anyone, not just a supervisor, can make an exception to a policy or procedure if it
provides quality service and is consistent with our organizational values. We know that
customers like to have their problems solved by the first staff person with whom they deal.
Staff should feel comfortable and confident in solving individual problems. On the other hand,
we wish to reassure staff that there are times when it helps to ask the advice of a colleague or
supervisor, and such a team approach to problem-solving is encouraged.

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CHAPTER 1

INTRODUCTION
AND
GENERAL EMPLOYMENT CONDITIONS

SECTION 1.1 INTRODUCTION AND PURPOSE OF POLICIES

This Human Resources Manual ("Manual") contains policies for the employees of the Cleveland
Heights-University Heights Public Library. All employees charged with the responsibility of
administering policy must be familiar with its contents. This Manual is a source of information
for employees to help them understand their rights and obligations. It is also a guide to be used
by the Director and other managerial employees to ensure uniform and nondiscriminatory
application of the conditions of employment. It is essential that these policies be administered in
a systematic, fair and impartial manner.

There will be situations that require administrative interpretation of these policies. Every effort
will be made to ensure that such decisions are made objectively with the intent of the policy in
mind.

There may be occasions when policies must be added, deleted, revised or given a different
interpretation from those previously made. The Board of Trustees has the right to change
practices and policies, both written and unwritten, as business requires. Updated policies will be
issued to all Manual holders and communicated to all affected employees according to Section
1.5 POLICY CHANGES, DISSEMINATION AND SUGGESTIONS.

The policies contained in this Manual are subject to, and in accordance with state and federal
law. In the event there is a conflict between this Manual and any other applicable law, the
applicable law will prevail. In the event that future legislation invalidates or changes any of the
provisions contained herein, the balance will remain in effect.

Nothing in the Manual nor any interpretive or enforcement communication should be construed
to grant a guaranteed right to continued employment or benefits. This Manual is not an
employment contract. Employment with the library is not for a fixed term or definite period and
may be terminated at any time by either the employee or the library according to law.

The policies stated and adopted within this Manual and the communications interpreting and
enforcing them supersede all previous policies and communications.
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Section 1.2

SECTION 1.2 OBJECTIVES

A. It is the philosophy of the Board of Trustees that providing a personnel system that aids in
recruiting and retaining competent, dependable employees is vital to the success of the
library.

B. The policies and procedures stated in this Manual are designed to:

1. Promote high morale and foster good working relationships among employees by
providing uniform personnel policies and consideration of employee needs;

2. Promote, in so far as is possible, fairness in the interpretation of rules, procedures and


practices between departments and individuals;

3. Provide fair and equal opportunity for qualified employees to enter and progress in
service based upon fitness as determined through objective and practical personnel
management methods;

4. Enhance the attractiveness of a career with the library and encourage each of its
employees to give his/her best effort to the library and the public;

5. Encourage courteous and dependable service to the public; and

6. Ensure that all activities are conducted in an ethical and legal manner to promote the
library's reputation as an efficient, progressive body in the community and the state.

C. It is the Board's intent that these policies and procedures will hereafter govern the working
relationship between the employee and the library.

June 2007
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Section 1.3

SECTION 1.3 MANAGEMENT RIGHTS

The Board of Trustees maintains the ultimate authority to establish, interpret and, through the
Director, administer policies and direct the operations of the library. The Director's
administrative responsibilities include, but are not limited to:

A. Developing the goals, objectives, programs and services, and utilizing employees in a
manner designed to effectively and efficiently meet these purposes;

B. Exercising complete control and discretion over the approved budget, organizational
structure, and method of performing the work required;

C. Managing the physical facilities, equipment and programs and work to be performed;

D. Determining the adequacy, size, composition and qualifications of the work force,
staffing patterns and organizational structure;

E. Setting standards of service and determining the procedures and standards of selection for
employment;

F. Determining the hours of work, work schedules, work rules, policies and procedures for
all employees;

G. Managing and directing employees, including the right to select, hire, promote, transfer,
assign, evaluate, supervise, layoff, recall, reprimand, suspend, discharge, discipline and
maintain order among employees;

H. Determining when a vacancy exists, the duties to be included in each position, and the
standards of quality, productivity, and performance to be maintained;

I. Taking necessary action to abolish and create positions;

J. Determining the necessity to schedule overtime and the amount required thereof;

K. Determining and implementing necessary actions in emergency situations;

L. Maintaining the security of records and other pertinent information; and


M. Implementing and enforcing rules on workplace safety.
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Section 1.4

SECTION 1.4 SCOPE OF COVERAGE

These policies apply to all employees of Cleveland Heights-University Heights Public Library,
except where noted.

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Section 1.5

SECTION 1.5 POLICY CHANGES, DISSEMINATION AND SUGGESTIONS

A. Any question about a provision of this Manual or items not covered in the Manual such as
rules, either written or unwritten, implied or expressed, should be directed to the employee's
supervisor or the Human Resources Coordinator.

B. The Director encourages employees to consider and recommend changes in policy. Matters
not already addressed may be brought to the attention of the Director, Human Resources
Coordinator, department head, branch manager or Staff Association representative so
appropriate policies may be considered.

C. Supervisors should periodically review personnel policies and propose changes and additions
to the Director. Every year, the entire Manual will be reviewed and revised to address
changes in the law and current practice. All changes are subject to approval of the Board of
Trustees.

D. As conditions warrant, these policies may be amended or deleted by action of the Board of
Trustees. Such amendments or deletions will be posted or distributed to employees prior to
their effective date and all Manuals will be updated. Each department head and branch
manager is responsible for maintaining the currency of the Manual in his or her area.

E. Copies of this Manual are available for review by staff and will be kept by:

Adult Services Coventry Village Library


Young Adult Services Noble Neighborhood Library
Children's Services University Heights Library
Circulation Services Deputy Director
Shipping Director
Public Relations Technical Services
Information Technology Each Member, Board of Library Trustees
Fiscal Officer Human Resources (master/official copy)
Staff Space

The Human Resources Manual shall also be available to staff online. It is the responsibility of
each employee to be familiar with human resources policies of the library, which are contained
in this manual. (See – Employee Acknowledgment)

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Section 1.6

SECTION 1.6 FAIR EMPLOYMENT PRACTICES

The Cleveland Heights-University Heights Public Library is committed to complying with all
laws in every area of employment, including recruitment, hiring, training, development,
promotion, transfer, termination, layoff, compensation, benefits and all other conditions and
privileges of employment. As such, the Cleveland Heights-University Heights Public Library
prohibits discrimination against any employee or applicant on the basis of race, color, religion,
creed, age, sex, sexual orientation, national origin, ancestry, qualifying disability, or any other
characteristics protected by law.

Furthermore, no employee may aid, abet, compel, coerce or conspire to discharge, harass or
cause another to resign because of race, color, religion, creed, age, sex, sexual orientation,
national origin, ancestry or disability.

All staff share in the responsibility of ensuring that our policies are effective and apply uniformly
to everyone. Thus, the Cleveland Heights-University Heights Public Library expects each
employee to treat colleagues and customers with respect and sensitivity.

Any employee who engages in an unlawful discriminatory practice will be subject to disciplinary
action, up to and including termination of employment.

The Human Resources Coordinator serves as the Equal Employment Opportunity Officer of the
library. All allegations of violation of this policy are to be reported to the Human Resources
Coordinator by the supervisor or person to whom the incident is first reported.

June 2008
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Section 1.7

SECTION 1.7 DIVERSITY STATEMENT

The Cleveland Heights-University Heights Public Library is committed to fostering an


environment in which all employees are valued, respected and welcomed for their individual
assets and differences and have opportunities to achieve their fullest potential. This can be
accomplished by:

Creating and supporting a workforce that reflects the growing diversity of our
communities;
Recruiting staff of different backgrounds, experiences and perspectives;
Developing diversity training programs to support our efforts to understand, value and
incorporate differences;
Continually communicating our desire for a diverse workforce and showing by our
actions that we truly value diversity;
Treating others with respect, dignity and fairness;
Reflecting diversity in all we do—collections, programs, facilities.

Our greatest asset is our employees. We believe that diversity enriches our performance and
service as well as the lives of our employees.

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Section 2.1

CHAPTER 2

RECRUITMENT, SELECTION, APPOINTMENT

SECTION 2.1 RECRUITMENT

The Library is committed to employ, in its best judgment, the best qualified candidates
for approved positions while engaging in recruitment and selection practices that are in
compliance with all applicable employment laws and being a socially responsible public entity. It
is the policy of the Library to provide equal employment opportunity for employment to all
applicants and employees.

The appropriate authorization, an Approval to Hire Form, is required to initiate any


action for an open position including any recruitment efforts, advertising, interviewing and offers
of employment, and is required to extend any offers of employment to any candidate.

A. When a vacancy exists and recruitment is approved, or the Board of Trustees approves a new
position, employees will be notified through various communication methods, such as
internal newsletters and email. Interested employees may contact the Human Resources
Coordinator for further information. The same application procedures and timeliness as
established for outside applicants will apply to internal candidates. A file of all
advertisements and notices will be maintained by the Human Resources Coordinator.

B. The library will actively recruit employees who reflect the diversity of the community.

C. The scope of advertising will be decided by Administration and will be based on the needs
and goals of the Library. Positions may be posted on the library’s web site, public bulletin
boards, area newspapers and on-line job boards. Professional positions may be advertised in
newspapers with national circulation, professional journals, newsletters and on-line job
boards.

D. School placement services, colleges and universities with suitable training programs and the
Ohio Bureau of Employment Services will be contacted, when appropriate. Programs
providing training for individuals with disabilities will be contacted whenever similar
programs for the able are contacted.

E. All advertisements and postings will include an Equal Employment Opportunity statement.

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Section 2.2
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SECTION 2.2 SELECTION

A. An applicant must complete the approved employment application form in order to be


considered for a position or vacancy. An applicant for a position that requires a license must
present the license for verification. If an individual with a qualifying disability requests
accommodation, it will be provided during the application and selection process.

B. The Human Resources Coordinator, position's immediate supervisor, and possibly one
additional employee will review applications. The Library may include an outside consultant
to assist with the selection. A panel consisting of the position’s immediate supervisor and at
least one other employee will conduct the interview. Fully qualified current employees and
outside applicants will be given equal consideration when filling a vacant position.
Qualifications, not length of service, will be used to determine internal transfers or
promotions.

C. Internal candidates will interview on their own time.

D. Reference checks, background checks (including a criminal background check) and position
related testing procedures, as appropriate, will be conducted. Any job related employment
tests will be administered in an objective manner. If an individual has a disability, the test
will be administered in a manner that ensures the results reflect the skills, aptitude or other
factors to be measured. A copy of the appropriate position description will be available for
the candidate to review either before or during the interview process.

E. A minimum of two (2) documented reference checks will be conducted before an outside
candidate is recommended for employment. The current supervisor of an internal candidate
will be asked to provide a reference.

F. Final candidates will be required to successfully pass a pre-employment drug test. Internal
candidates will be grandfathered and not required to be tested. Final candidates must
comply with the Ohio Homeland Security employment requirement.

G. The most qualified applicant(s) will be recommended to the Director. Employment


recommendations are subject to approval of the Board for positions of thirty (30) or more
hours per week. Salaried candidates may not start work before the Board’s resolution to hire
is passed.

H. DISQUALIFICATION

1. An applicant will be eliminated from consideration if he/she:

a. Does not possess the knowledge, skills and/or abilities necessary to effectively
perform the duties of the vacant position (with or without reasonable
accommodation for an individual with a qualifying disability);

b. Does not meet minimum qualification requirements;

Section 2.2
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c. Has made a false statement of material fact on the application form or any
supplements;

d. Has committed or attempted to commit a fraudulent act at any stage of the selection
process;
e. Has an unsatisfactory record of previous employment;

f. Has outside obligations and/or previous commitments that would limit flexibility in
scheduling availability; with exceptions allowed as determined by hiring supervisor
based on 1) duration of commitment(s) and/or 2) number of commitments(s) and/or
3) effect on scheduling and library needs; (See also Section 8.3)

g. Fails the pre-employment drug test;

h. Fails to comply with the requirements of the Ohio Homeland Security provisions.

2. If an applicant is hired and it is subsequently discovered that any of the above


disqualifying criteria apply, the employee is subject to discharge.

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Section 2.3

SECTION 2.3 APPLICATION RECORDS

A. Applications will be accepted only for open vacancies. Page applications may be accepted at
all times.

B. Applications that do not result in employment will be retained for one year.

C. Applications that result in employment will be placed in the employee’s personnel file.

D. An Equal Employment Opportunity form will be given along with the application form to
each external applicant.

E. After it is completed, the Equal Employment Opportunity form will be removed and kept
separate from the application. These forms will be kept for two years and will only be used
for legally required auditing purposes.

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Section 2.4

SECTION 2.4 EMPLOYMENT ELIGIBILITY

Successful applicants are appointed subject to the following employment constraints, as defined
by the qualifications for the position. An offer of employment may be withdrawn if an applicant
is determined to be ineligible or his/her qualifications (for the position) cannot be verified. (See
Section 2.2 SELECTION)

A. OHIO HOMELAND SECURITY

1. The library will comply with Ohio Senate Bill 9, which requires applicants seeking public
employment to declare if they have or do provide financial assistance, funds and/or
support to terrorist organizations. Applicants must complete the Declaration Regarding
Material Assistance/NonAssistance To A Terrorist Organization form (DMA). The
DMA was created to provide the state with an additional tool to deter and prosecute acts
of terrorism within Ohio.

2. An applicant is defined as ―all candidates under final consideration for public


employment.‖ Current public employees are not required to complete and submit DMA
forms. The DMA requirement only affects new hires approved after the statute’s
effective date of April 14, 2006.

3. Applicants who either refuse to complete a DMA, provide a positive response, or lie on
the DMA form will be considered ineligible for employment.

B. IMMIGRATION/CITIZENSHIP STATUS

1. The library will not discriminate in recruitment, hiring, or discharge on the basis of a
person’s national origin or citizenship status. However, it will not knowingly employ
any person who is or becomes an unauthorized alien.

2. A newly hired employee must provide suitable documentation, including photo


identification, and complete INS Form I-9 to provide verification of identity and
employment eligibility.

3. A successful applicant refusing to provide documentation or providing false


documentation will not be hired, or will be subject to discharge.

C. DRIVING FOR LIBRARY BUSINESS

The Driver Abstract Report will be requested by the library for each successful applicant
who must operate a motor vehicle, library owned or personal, as an essential function of the
position. Library-owned vehicles shall be used only for library purposes.

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Section 2.4
Employment Eligibility

1. An employee driving a library-owned vehicle or leased vehicle will be semi-annually


screened for an acceptable driving record.

2. The Driver Abstract Report will be reviewed against the following criteria to determine
if the individual can be permitted to operate a motor vehicle on library business. The
library’s automobile liability insurance carrier will make the determination of an
―unacceptable driver.‖ In general, an unacceptable driver is defined as one who, during
the previous three (3) year period, has received

a. A conviction for one (1) of the following:

• Drag racing;
• Driving while under the influence of alcohol or drugs;
• Vehicular homicide;
• Leaving the scene of an accident, if the accident resulted in personal injury or
death; or
• Willfully eluding or fleeing a police officer after a traffic violation.

b. Two (2) or more chargeable or ―at fault‖ accidents, the nature and severity of the
accident to be taken into account.

c. Three (3) moving violations for which a total of six (6) or more points were
received.

d. Any combination of one (1) chargeable or ―at fault‖ accident and two (2) moving
violations.

3. Classification as an ―unacceptable driver‖ is grounds for discharge of a current


employee or disqualification of a successful applicant, who is required to drive as an
essential function of his/her position.

4. A valid Ohio Driver’s license is required for certain jobs that include work travel as an
essential function. See Appendix C for list of positions. The supervisor will annually
verify that the employee holds a valid driver’s license and proof of insurance at the time
of the employee’s annual Performance Evaluation.

D. PROFESSIONAL VERIFICATION

1. An employee in a position requiring an educational degree or license will have his/her


qualifications verified at the time of employment.

2. Failure to maintain a current required license may result in disciplinary action up to and
including discharge.
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Section 2.4

3. Payment of any license, registration or examination fee is the responsibility of the


employee, unless otherwise contracted with the Director.

4. Ohio Public Library Certification. A librarian who meets the minimum standards
established by the Ohio Library Council and successfully completes the certification
process is recognized in the state of Ohio as a Certified Public Librarian.

a. An employee in a position requiring a valid Ohio Certified Public Librarian credential


has sixty (60) days to acquire certification status after his/her eligibility date.

b. Certification is conferred on the basis of professional education and professional


experience including:

1. a master’s degree in library and information studies from a program accredited by


the American Library Association;
2. two years post-master’s professional library experience.

c. Application forms for OLC Certification are available on the OLC website.

d. The library will pay the initial certification fee.

e. Ohio Public Library Certification is valid for five (5) years and requires renewal at
five-year intervals.

f. The employee will be responsible for managing his/her own continuing education
contact hours earned during the five-year period immediately preceding renewal of
the certification.

g. The library will reimburse the renewal fee for certification when the employee has
documented evidence of continuing professional development as defined in the
renewal procedure.

h. Failure to meet renewal eligibility requirements may result in disciplinary action.

E. PROOF OF AUTOMOBILE LIABILITY INSURANCE

Proof of automobile liability insurance with limits of $50,000 per person/$100,000 per
accident under Bodily Injury liability and $50,000 property liability must be submitted to the
Human Resources Coordinator by any employee who must drive his/her vehicle as a regular
function of the job (see Appendix C. for job list). This proof must be submitted upon hire
and on an ongoing basis as part of their annual performance evaluation. Failure to provide
proof of liability insurance may be grounds for discharge of a current employee or
disqualification of an otherwise successful candidate, if driving is an essential function of the
job.
24

Section 2.5

SECTION 2.5 APPOINTMENT

A. INITIAL EVALUATION PERIOD

1. A newly appointed employee will be closely evaluated during the first three (3) months
of employment. The initial evaluation period for a newly appointed supervisor will be
six (6) months. (See Section 6.2 INITIAL EVALUATION PERIOD)

2. During this initial period the supervisor will assist the employee in developing his/her
skills and determine if the employee should continue in the position.

3. Successful completion of the initial evaluation period does not affect an employee’s ―at
will‖ status as described in 1.1 INTRODUCTION AND PURPOSE OF POLICIES.
However an employee who demonstrates an inability or unwillingness to perform
satisfactorily during the Initial Evaluation Period will be discharged.

B. POSITION ASSIGNMENT

1. Each position has a position description that includes the qualifications, duties and
responsibilities. Compensation is determined, in part, by the position description.

2. The duties and responsibilities of each position will be periodically reviewed and
adjusted. When the position duties have changed significantly, the employee or his/her
supervisor may request that the position be reviewed for placement in a different pay
grade.

C. ASSIGNMENT OF RELATIVES

1. The library will not hire family members of current employees or members of the Board
of Trustees. For this policy ―family‖ is defined as parent, spouse, child, grandchild,
grandparent, sibling, in-laws and step relations of the same degree. Any exception to this
policy must be approved by the Director.

2. If two employees marry or become related by marriage, neither must resign or transfer
unless the positions they occupy at the time are in a direct supervisor/subordinate
relationship. If the two employees are employed in a supervisor/subordinate relationship,
they will decide between themselves who will seek a transfer (See Section 2.5, E) to a
current vacancy with the approval of hiring supervisor or, if there is no vacancy, resign.

D. PROMOTION

1. A current employee will be considered for promotion to a vacancy only when he/she is
determined to be fully qualified for the higher position.

June 2008, June 2007


25

Section 2.5

2. An employee who has been promoted to a higher position will serve an initial evaluation
period of three (3) months. (See Section 2.5 (A) INITIAL EVALUATION PERIOD)

3. A promoted employee may be reassigned to another position and rate of pay if work
performance, behavior and/or work attitude in the higher position is not satisfactory.

E. TRANSFER

1. An employee is considered to have been transferred when he/she is given a different


position within the same classification or pay grade.

2. Transfers will be made at the discretion of the Director when in the best interest of the
library.

3. The needs of the library take precedence over the wishes of an employee.

F. DEMOTION

1. When an employee cannot perform the essential functions of their position, based on
documentation, he/she may be demoted.

2. When a qualified employee with a disability becomes unable, even with reasonable
accommodation, to perform the essential functions of his/her position, he/she may be
placed in a vacancy in a lower position as an accommodation.

3. An employee may, for any reason, request a demotion to a lower position by submitting
a written request.

4. Approval of a voluntary demotion is at the discretion of the Director.

5. An employee placed into a position in lower pay range will have his/her pay reduced to
a level within the pay range of the lower position.

G. REAPPOINTMENT

An employee who resigns from the Cleveland Heights/University Heights Public Library in
good standing and is later reappointed will be treated in all respects as a new employee
except that the ETO earning rate is based on all years of service with this library and/or any
other political subdivision of the state. (See Section 5.4 EARNED TIME OFF)

June 2008, June 2007, June 2006


26

Section 3.1

CHAPTER 3

CONDITIONS OF EMPLOYMENT

SECTION 3.1 EMPLOYMENT STATUS

A. Employees are classified as full-time, 30-hour, regular part-time, substitute or page.

1. Full-time employees are those who are regularly scheduled to work forty (40) hours per
week.

2. 30-hour employees are regularly scheduled to work thirty (30) hours per week.

3. Regular part-time employees (not including Pages) are defined as those who are
scheduled, a minimum of 16 hours to a maximum of 20 hours per week.

a. Part-time staff are used to increase flexibility in covering schedules or work


assignments.

b. Although not as a regular practice, part-time staff may be asked to work over 16
hours in a week because of an emergency or other temporary situation. No benefits
will accrue for hours worked over 40 in a pay period. (See Section 5.4 Earned Time
Off Policy and Section 5.6 Sick Leave Policy)

4. Substitutes are called in to cover public service areas in cases of staff shortages due to
emergencies, vacation, staff turn over or illness.

a. Substitutes work on an ―as needed‖ basis, and have no guaranteed number of hours
per week.

b. Substitutes are not given regular, ongoing assignments and are never ―in-charge‖ or
responsible for opening or closing a building or branch.

5. Page classification: Pages are scheduled as needed, normally no more than 20 hours per
week. Pages may be hired to cover specific shifts unlike regular part-time and full time
employees who must be available to work all library shifts.

B. An employee’s benefits are based upon his/her employment status. Substitute and page
positions receive no benefits. Specific information for full-time, 30-hour, and part-time
employee benefits is included in this Manual in Chapter 5 BENEFITS.
27

C. A change in the employment status of an employee must be approved by the Board upon
recommendation of the Director when the change relates to a full-time or 30-hour position.
The employee will begin to earn the greater or lesser benefits of his/her new employment
status on the effective date of the change, as determined by the Director.

June 2010, June 2008, June 2005, June 2002, June 2000
28

SECTION 3.2 EMPLOYMENT RECORDS

A. PERSONNEL FILES

1. The library will maintain an official personnel and a separate medical file on each
employee. The contents of the medical file are discussed in A.1.C. – Medical Records.
The personnel file will include, but is not limited to:

a. The employee’s application for employment1;

b. Documentation of reference checks;

c. Employee’s date of hire and termination or discharge date, if applicable;

d. Professional certifications, licenses; and educational degrees;

e. Documents relating to salary, payroll, and retirement (W-4, OPERS, direct deposit
etc.);

f. Employment status or position changes, termination letter;

g. Employee’s current position description;

h. Each performance evaluation;

i. Documentation of training received (training records are also maintained


electronically in a Training Database by the Training & Staff Development
Coordinator);.

j. Emergency information;

k Disciplinary actions;

l. Signed and unsigned requests for references and copies of reference letters sent; and

m. Signed employee ―Acknowledgements‖ of receipt of Ohio Ethics Law, and


Harassment Policy and Human Resources Manual, Drug Free Workplace Policy and
Department of Homeland Security Material Assistance Declaration.

n. Letters/documents of praise and commendation.

June 2008, June 2005, June 2003, June 2002, June 2001

1
See Application For Employment in Forms Section
29

2. Personnel files, except medical records, are public documents.

3. Personnel files will be retained permanently. After an employee leaves employment the
records may be stored in digital format.

4. An employee may arrange a time with the Human Resources Coordinator or the Director
to review his/her personnel file during regular business hours. The employee may not
remove the personnel file from the office, but may request a copy of any items within
the file. The employee will be required to pay the established rate for each copy
requested. The employee will not be paid for the time spent for this review.

When a member of the public requests an opportunity to examine an employee’s


personnel file, the Director or his/her designee will arrange an appointment for
the individual to review the file in the Director’s or his/her designee’s presence.
The following information in an employee’s personnel file should be redacted for
the examination.
All social security numbers
Addresses and phone numbers (including addresses of emergency contacts)
Bank account numbers
Deferred Compensation account information
Personal data of employee’s dependents, spouse, family members, friends, etc.

The examiner may not remove the personnel file from the office, but may request a copy of
any items within the file. The examiner will be required to pay the established rate for each
copy requested. The employee will be notified of the request and may be present during the
review. If the employee chooses to be present, he/she will be paid for the time spent for this
review.

B. PERSONAL DATA

1. Each employee is required to maintain the following current information on file with the
Human Resources Coordinator: name, address, telephone number, and emergency
contact.

2. An employee covered by library health or life insurance policies must provide the
Human Resources Coordinator with current information on dependents and
beneficiaries.

3. Changes in the above must be reported to the Human Resources Coordinator.

June 2007, June 2006, June 2003


30

Section 3.2

C. MEDICAL RECORDS

1. An employee’s Group Health Plan documents, defined by HIPAA Title II, as enrollment
and change forms, medical questionnaires, and any medical related information are
maintained in a secure file separate from his/her personnel file. The library will take all
lawful action to protect and maintain the privacy of health information (Protected Health
Information or PHI) in accordance with HIPAA Title II, The Health Privacy Act. The
Human Resources Coordinator is the Library’s designated privacy official and is
responsible for protecting the confidentiality of Protected Health Information (PHI).

2. Medical records are confidential and shall be released only in the following
circumstances:

a. Supervisors and heads of departments may be informed of restrictions and


accommodations that are part of an agreed upon plan of reasonable accommodation;

b. First aid and safety personnel may be informed if an employee may require
emergency treatment;

c. Government officials investigating compliance with the law shall be provided only
with relevant information;

d. State workers’ compensation offices, second injury funds or workers’ compensation


insurance carriers may be provided information in accordance with state workers’
compensation laws;

e. The library may release information to health insurance carriers for the purpose of
administering the health insurance plan;

f. Other reasons required by law.

D. REFERENCE CHECKS

Only the Human Resources Coordinator, department heads, branch managers and
supervisors may respond to requests for references on current and former employees.
Written permission to release information must be received before any phone or written
reference will be provided. Reference information shall be based upon factual and relevant
information only.

June 2004
31

Section 3.3

SECTION 3.3 MEDICAL EXAM

A. The Human Resources Coordinator may require a current employee or a post-offer applicant
to submit to an examination to determine if he/she can perform the duties of the position
with or without reasonable accommodation. The examination will be conducted by a
licensed practitioner approved by the Director.

B. If the employee is incapable of performing the duties of the position, he/she may be placed
on sick leave, family/medical leave or an unpaid leave of absence. (See Section 3.10 Light
Duty, Section 5.6 SICK LEAVE and Section 5.10 LEAVES OF ABSENCE) Reasonable
accommodation will be made for an employee with a qualifying disability. (See Section 3.5
DISABILITY ACCOMMODATION)

C. An employee requesting family or medical leave for a serious medical condition will be
required to provide certification from a health care provider to verify that the employee has a
qualifying condition. The library may request a second evaluation by a health care provider
of its choice. If the second opinion differs from the first, the employee and the library will
mutually choose a third health care provider to examine the employee. The third opinion will
be binding on both the employee and the library.

D. The employee is responsible for paying any costs related to obtaining certification of a
disability or qualification for family/medical leave. The cost of any examination requested by
the library will be paid by the library. Both the Director and the employee will receive the
results of any examination conducted under this policy.
32

SECTION 3.4 HOURS OF WORK

A. A full-time employee works forty (40) hours per week. Public service employees are
expected to work a flexible schedule including Saturdays, Sundays and evenings.

B. STUDENTS

Students who are between sixteen (16) and eighteen (18) years of age, and required by law to
attend school, will not be scheduled to work:

1. Before 7:00 a.m. on any day school is in session, except they may begin at 6:00 a.m. if
they did not work after 8:00 p.m. the previous evening;

2. After 11:00 p.m. on any night preceding a school day;

3. During school hours, unless employment is part of a bona fide program of cooperative
training; or

4. More than forty (40) hours in any one (1) week.

C. REST AND MEAL BREAKS

1. Each employee may be granted one 15-minute rest break for each 4 hours worked.

2. When working at least six (6) but fewer than seven (7) hours on the morning schedule an
employee may receive one (15) fifteen minute break and one (30) thirty minute unpaid
meal break. That unpaid meal break may be extended to one hour by adding thirty
minutes to the beginning or end of the shift, so long as it can be accommodated by the
supervisor on that day’s work schedule.

3. When working at least seven (7) but fewer than eight (8) hours on the morning schedule,
an employee may receive one 15-minute break and one 60 minute unpaid meal break. An
employee may request that this meal break be only 30 minutes so long as a reduction of
the half-hour, at the beginning or end of the shift, can be accommodated by the
supervisor on that day’s schedule.

4. When working eight (8) hours on the morning schedule, such as from 8:30 a.m. to 5:30
p.m., the employee may receive two 15-minute breaks (one for each four hour period),
and one 60-minute unpaid meal break. The employee may request that this meal break be
only 30 minutes so long as it can be accommodated by the supervisor on that day’s
schedule.

5. When working more than seven (7) but fewer than eight (8) hours on the evening
schedule (ending after 7:00 p.m.), the employee may receive one 15-minute break and
33

Section 3.4
Rest and Meal Breaks

one 45-minute paid meal break. The employee may request that this meal break be
extended to one hour by adding fifteen minutes to the beginning or end of the shift, so
long as it can be accommodated by the supervisor on that day’s schedule.

6. When an on-call shift that an employee voluntarily accepted extends his/her workday that
does not entitle the employee to a meal break, paid or unpaid. The employee will be
provided the appropriate rest break and/or meal break based on the length of that on-call
shift.

7. All departments will adhere to this policy, except when emergencies dictate otherwise.

8. Employees will be relieved of all duties during unpaid meal breaks.

9. A non-exempt employee cannot shorten their workday by not taking a lunch.

June 2007, March 1999


34

Section 3.5

SECTION 3.5 DISABILITY ACCOMMODATION

A. A disability is defined as a physical or mental impairment that substantially limits one or


more of the major life activities of an individual, a record of such impairment or the state of
being regarded as having such an impairment.

The impairment must substantially limit a major life activity such as walking, talking,
seeing, hearing, breathing, learning or working in order to be considered a disability.

B. The library will not discriminate against an employee or applicant who has a qualifying
disability. The employee or applicant will be treated in the same manner as other employees.
If the condition affects the employee's ability to perform the essential functions of the
position, reasonable accommodation will be made by the library to allow the employee to
perform the essential functions of the position. Accommodation is any change in the work
environment or in the way things are customarily done that enables an individual with a
disability to enjoy equal employment opportunities. The determination of what is reasonable
is done on a case by case basis considering the individual circumstances.

C. An employee with a qualifying disability may work as long as he/she is physically and
mentally able to perform the essential functions of the position without undue risk to
himself/herself, other employees or the public. If an employee is incapable of performing the
essential functions of the position, with or without accommodation, he/she may be, in the
following sequential order:

1. Transferred to a vacant position where he/she can perform the essential functions of the
position with or without reasonable accommodation;

2. Placed in a vacant position in a lower pay grade where he/she can perform the essential
functions of the position with or without reasonable accommodation; or

3. Discharged due to his/her inability to perform the essential functions of the position.

4. Assisted with information on disability retirement under OPERS (if requested).

D. An employee or applicant with a disability is not required to inform the library of the
condition. However, should the individual require accommodation to perform the essential
functions of the position or complete the application and selection process, he/she may
discuss any necessary accommodation with the supervisor or the Director. The library will
engage in an interactive process with the employee to determine what, if any,
accommodation is required or possible.

June 2008
35

Section 3.5

E. An employee who requires accommodation must provide the Director with any medical
records or other information required to make decisions regarding position assignment and
accommodation.

F. The Director may require a doctor's certification of an employee's ability to perform the
essential functions of the position. (See Section 3.3 MEDICAL EXAM)

G. The library complies with the American with Disabilities Act (ADA) of 1990 and supports
educational programs that enhance employee awareness and understanding of disabling
conditions.

June 2008, June 2003


36

Section 3.6

SECTION 3.6 EXPOSURE TO CONTAGIOUS DISEASE

A. Employees are required to report any exposure to a contagious disease that might pose a
direct threat to health and safety in the workplace. An employee may be required to provide
a doctor's statement verifying that his/her specific condition does not present a direct threat.

B. The Director may remove or reassign an infected or contagious employee or co-worker, if a


secondary infection would pose a higher than usual risk.

C. An employee concerned about being infected with a contagious disease while in the
workplace should convey this concern to his/her supervisor. Any employee who refuses to
work with or perform services for a person known or suspected of having a contagious
disease that does not present a current direct threat in the workplace is subject to discipline,
up to and including discharge.

D. Information relating to a contagious disease in the workplace will be disclosed to employees


when the information is necessary to protect the health or safety of the employee or others.
The necessity of disclosure will be determined by the Director.
37

Section 3.7

SECTION 3.7 BULLETIN BOARD

A. Each library building will maintain a bulletin board for posting important notices and items
of general interest to employees.

B. Notices posted by the Human Resources Coordinator may not be removed without
permission from the Human Resources Coordinator.

C. Employees are expected to consult the bulletin board regularly.

E. The library reserves the right to remove any notice not previously approved by the HR
Coordinator.

June 2008, June 2001


38

Section 3.8

SECTION 3.8 EMPLOYEE ASSISTANCE

The library provides a confidential service to all employees, other than pages, and their
immediate families who need assistance with personal problems. The service offers counseling
in areas such as family relationships, substance abuse, legal and financial concerns. An employee
may request information by contacting the Employee Assistance Service at:

Center for Families and Children


4500 Euclid Avenue
Cleveland, Ohio 44103

241-EASE (3273)
or
1-800-521-EASE (3273)

June 2003
39

Section 3.9

SECTION 3.9 STAFF ASSOCIATION

A. The Cleveland Heights-University Heights Public Library Staff Association serves as a


vehicle for bringing interests and concerns of the staff to the attention of the administration.
It is open to all employees of the library with the exception of the Director and Deputy
Director. Time for Staff Association activities may be allowed during worktime at the
discretion of the Director.

B. Representatives from each department and branch comprise the Executive Council of the
Staff Association. Library time is allowed for monthly activities of the Staff Association as
determined by the Director. Yearly dues are established by the Executive Council to support
activities of the Association.

C. A representative of the Executive Council may attend meetings of the Board of Library
Trustees on library time and report actions of these meetings to the membership. In an
informal setting, the Executive Council of the Staff Association meets with representatives
of the Board of Library Trustees and the Director twice each year to deal with issues relating
to the welfare of the library and the staff. Information and ideas exchanged are considered in
formulating Board policy.

D. The Director meets as needed with the President of the Staff Association and/or other
representatives to discuss issues of mutual concern. Representatives of the Staff Association
are often invited to serve on various committees as another way of keeping staff informed.

E. Positive communication between the staff, administration and the Board is critical to the
success of the library. Effective communication and addressing staff concerns are essential
to providing customer service at a high level of excellence. The Board believes that the most
effective mechanisms for such communication are those referred to above, providing direct
input from individual staff members to the administration and from the Staff Association to
the administration and the Board.

June 2000
40

Section 3.10

SECTION 3.10 LIGHT DUTY POLICY

The library strives to promote a successful recovery for employees who have suffered a work
related or personal injury. The library has set up these guidelines for supervisors and
coordinators to follow when an employee’s return to work includes temporary restrictions.

A. When an employee has three or more days off due to illness or injury including Family &
Medical Leave and Worker’s Compensation Leave, he/she must furnish a statement from a
physician certifying his/her ability to perform the position duties., The physician’s report
must specify, the nature of the injury or illness, any work restrictions and date the employee
will be able to return to work on full duty.

B. The employee’s department head or branch manager and human resources will determine
whether or not the employee can perform his/her duties with the physical restrictions
reported by the employee’s physician.

C. Library may find and offer light duty work which can be performed within the employee’s
temporary restrictions. The work does not have to be in the employee’s home department or
own job classification.

D. The employee’s refusal to perform the offer of light duty may affect the receipt of sick
leave, disability or worker’s compensation benefits.

E. If it is determined that the employee’s temporary restrictions prevent the employee from
performing required duties and there is no light duty available, they shall not be permitted to
return to work until they receive a full release from their physician.

June 2008, June 2007, June 2006, June 2004


41

Section 3.11

SECTION 3.11 CONCEALED WEAPONS PROHIBITED

On April 8, 2004, the Governor of Ohio signed into law Ohio Revised Code Section 2923.125,
which allows individuals to carry concealed weapons. However, this law provides that concealed
weapons are prohibited on the premises of all public employers and on the premises of any
private employer who adopts a policy prohibiting concealed weapons in the workplace.

The purpose of this policy is to inform employees that The Cleveland Heights – University
Heights Public Library complies fully with the law and therefore, expressly prohibits employees,
vendors, visitors and customers from carrying concealed or unconcealed weapons into or onto
the Library premises.

The Library premises includes buildings, including all interior and exterior locations, lockers,
desks, parking lots; company owned vehicles and any other location considered the library
workplace and while employees are conducting Library business off the Library’s property.

The policy, except for authorized law enforcement personnel, applies to all employees, vendors,
customers, and visitors regardless of whether they have obtained a license to carry the weapons
or not. The Library currently has signs posted at all its locations to inform the public that,
―concealed or unconcealed weapons are prohibited.‖

The Library has, prior to this new law, expressly prohibited carrying or possessing firearms,
explosives or weapons on library property and has communicated our policy in the Human
Resources Manual in Chapter 10. The new Ohio Law does not change that policy, but it
broadens the scope of the work rule to include concealed weapons. A violation of this policy will
result in immediate disciplinary action including and up to termination. In addition, a person
violating this policy may be charged with Criminal trespass, a fourth degree misdemeanor.

June 2004
42

Section 4.1

CHAPTER 4

COMPENSATION

SECTION 4.1 SALARY ADMINISTRATION

A. The Board has established a salary schedule for all employees. Pay within a pay range is
based upon experience, performance and length of service.

B. Annually, the Board will recommend an economic adjustment to the salary schedule for the
next calendar year. Any change in the recommended schedule will consider the rate of
inflation, the job market for positions within the schedule and the library's budget.

C. Employees will be considered for salary increases (i.e., increments) annually and increases
may be granted on the basis of employee performance and an analysis of the overall
budgetary impact. When an increment has been granted, the effective date will be the
beginning of the pay period subsequent to the employee's anniversary date for full-time, 30-
hour and part-time employees. For pages, the effective date will be the pay period
subsequent to the employee reaching each eight hundred (800) hours worked up to a
maximum of 4800 hours.

D. Performance and the employee's position within the salary range will be factors used to
determine salary increase recommendations. The Director may delay or deny the salary
increase of an employee who does not have a record of satisfactory performance.
Satisfactory performance is determined by the supervisor or Director and increases may be
delayed until performance is determined to be satisfactory.

June 2003, 2000


43

Section 4.2

SECTION 4.2 PLACEMENT ON SALARY SCHEDULE

A. Generally, a newly appointed employee is placed at the beginning rate of the pay range
assigned to his/her position. Placement within the range may be adjusted commensurate with
the employee's prior experience in positions with similar responsibility and required skills, if
the Director deems it appropriate.

B. An employee who permanently moves to a position in a higher salary grade by virtue of


promotion or reclassification shall receive the Step 1 of the higher classification or shall be
placed on the step in the higher classification that provides a minimum increase of three
percent (3%) in her/his wage rate, whichever is greater.

C. Substitutes are assigned to the lowest level in a series of related positions and remain at that
level while in substitute status. See Section 3.1 Employment Status for the definition of
―Substitute‖. All Reference Substitutes will be paid at Grade 18, Step 1 on the library’s
salary schedule.

D. A full-time or 30-hour employee who has completed five (5) years of service at the maximum
salary step in the same position will be paid a one-time stipend of one thousand dollars
($1,000.00) as a longevity bonus. This longevity bonus will be granted in December.

E. An employee whose position description does not include programming as part of their
position may be assigned programming responsibilities. In the event that an employee
accepts a programming responsibility, the employee will be compensated at the rate of a
Library Associate, Grade 18, Step 1 or at their current salary (whichever is greater).

June 2009, June 2008, June 2005


44

Section 4.3

SECTION 4.3 WORKWEEK

The workweek begins at 12:00 a.m. Saturday and ends at 11:59 p.m. Friday.
45

Section 4.4

SECTION 4.4 TIME CARDS

Time cards will completed by staff in accordance with rules of the Department of Labor.

A. Non-exempt staff are required to record their hours worked daily. An employee’s time
card must show hours worked, earned time off, sick leave, etc., for each scheduled shift.
The time card must be signed by the employee and the supervisor at the end of the pay
period.

B. Exempt staff cannot record their hours worked by day and hours. Exempt staff (full time
salaried professional and supervisors) shall complete their time card as follows:
Exempt – 80 hours
Exempt – 60 hours

C. Exempt staff shall record 4 hour absences such as ETO and Sick Leave on their time card.
Such absences must be approved by their supervisor.

D. Time cards are processed every two weeks. They must be received in the Business Office
by 10:00 a.m. on the Monday following the end of each pay period.

E. If time cards are not properly submitted, pay may be held until the hours can be verified. If
payroll has been submitted for processing, an employee cannot be paid until the
following pay day.

F. An employee’s failure to comply with this policy will subject the employee to discipline
up to and including termination.

June 2008, June 2003, June 2002, June 2001


46

Section 4.5

SECTION 4.5 RECORD KEEPING

The Fair Labor Standards Act requires the library to keep an accurate, daily record of each non
exempt employee's hours worked. Pay records must include:

A. Employee name, home address, position assignment, sex and birth date (if employee is under
19 years of age);

B. Hour and day workweek begins;

C. Total hours worked on each workday and in each workweek;

D. Total daily or weekly straight-time earnings;

E. Regular hourly pay rate for any week in which overtime is worked;

F. Total overtime pay for the workweek;

G. Deductions from or addition to wages;

H. Total wages paid each pay period; and

I. Date of payment and pay period covered.

J. Basis on which employee’s wages are paid (i.e salaried or hourly)


47

Section 4.6

SECTION 4.6 PAYDAY

A. Employees are paid every other Friday. If the regular payday falls on a holiday, employees
will be paid on the last weekday before that holiday.

B. Hours worked during any two-week pay period ending on a Friday, will be paid the
following Friday.

C. Questions about paychecks should be directed to the Fiscal Officer.

D. Pay advances are not permitted.

E. Employees are required to have either a checking or savings account to which direct deposit
of their paychecks will be made.

F. A written authorization signed by the employee must be given to the supervisor before a
paycheck/pay stub is issued to any person other than the employee. Such statement must
authorize a specific person to pick up the employee's paycheck. The authorized person must
be able to produce identification at the time he/she arrives to pick up the paycheck. The
authorization will be forwarded to the Fiscal Officer and retained for the record.

June 2001, June 2000, June 1999


48

Section 4.7

SECTION 4.7 PAYROLL DEDUCTIONS

Payroll deductions are made from an employee's pay as required by law, employee benefit plans
or requested by the employee. These deductions are itemized on the pay statement that
accompanies the bi-weekly paycheck.

A. OHIO PUBLIC EMPLOYEES' RETIREMENT SYSTEM (OPERS)

State law requires that all employees contribute ten (10 %) of their gross pay to OPERS. The
library is responsible for contributing an additional amount equal to 14% of the employee's
gross pay. As an employee benefit, the library picks-up four percent (4%) of the employee’s
contribution; therefore, only six percent (6%) of the employee's gross pay is paid by the
employee through payroll deduction. (See Section 4.8 RETIREMENT PICK-UP and
Section 5.3 OHIO PUBLIC EMPLOYEES' RETIREMENT SYSTEM)

B. INCOME TAXES

Federal, state, and municipal taxes will be withheld as required by law. An employee must
complete both federal and state withholding tax forms, W-4 and OHIO IT, at the time of
initial employment. Desired changes should be reported to the Fiscal Officer.

C. MEDICARE TAX

Each employee hired on or after April 1, 1986, will have Medicare taxes in the amount of
1.45% of the employee's gross earnings deducted from his/her pay. An employee who was
employed before April 1, 1986, then quits, and is reemployed on or after April 1, 1986, will
have Medicare taxes deducted. The library matches the 1.45% contribution.

D. HEALTH INSURANCE

An employee who is enrolled in the library group health plan will have any premium co-
payment deducted from his/her paycheck.

E. VOLUNTARY DEDUCTIONS

1. Full-time and 30-hour employees may authorize payroll deductions for:


a. deferred compensation (IRS Section 457). Health Savings Account
b. flexible spending accounts
c. a credit union
d. United Way or Community Shares
e. U.S. Savings Bonds
f. Ohio Tuition Trust Authority
49

Section 4.7

g. Other premiums not paid by the library such as for additional life insurance, the
employee portion of long term disability insurance and other items approved by the
Board of Library Trustees.

2. Part-time employees may authorize payroll deductions for:


a. flexible spending accounts
b. a credit union
d. United Way or Community Shares
e. deferred compensation (IRS Section 457)
f. U.S. Savings Bonds
g. Long Term Care

3. Page employees may authorize payroll deductions for:


a. a credit union
b. United Way or Community Shares

4. For part time employees or pages the amount deducted to cover selected payroll
deductions must equal no less than the equivalent of 8 hours per week of the employee’s
pay. The library cannot be responsible for paying any portion of an employee’s payroll
deduction.

5. The Fiscal Officer may refuse to make deductions that are not required by law, are below
certain set minimum amounts or that occur at irregular intervals.

F. GARNISHMENTS

Court ordered garnishments, including child support payments, will be withheld. (See
Section 8.14 GARNISHMENTS)

G. DEFERRED COMPENSATION

1. An employee may have a portion of his/her income deposited into a deferred


compensation program and/or their Health Savings Account if enrolled in the library’s
Health Savings Account Plan. The limit for deferred compensation is defined by law.

2. A deferred compensation program exists and serves in addition to any retirement,


pension or benefit system established for the benefit of employees of the library. No
deferral of income under a deferred compensation program will affect a reduction of any
retirement, pension or other benefit provided by law.

2. Any sum deferred under a deferred compensation program will not be included for the
purpose of computing taxes withheld on behalf of the employee, except for municipal
income tax.
3. Interested employees should contact the Human Resources Coordinator.

June 2008, June 2003, June 2002, June 2001


50

Section 4.8

SECTION 4.8 RETIREMENT PICK-UP

A. SALARY REDUCTION

Each employee covered by the Ohio Public Employees' Retirement System will have his/her
gross pay reduced by an amount equal to his/her portion (6%) of the required contribution to
the retirement fund. The library will then pay both the employee's and the library's
contribution. This reduction defers federal and state income tax until withdrawal or
retirement. City tax is not affected.

B. LIBRARY PICK-UP

As an employee benefit, the library pays four percent (4%) of the required ten (10%) percent
employee portion of the contribution to OPERS. (See Section 4.7 PAYROLL
DEDUCTIONS)

June 2010, June 2009, June 2008, June 2007, June 2006
51

Section 4.9

SECTION 4.9 TEMPORARY POSITION ASSIGNMENTS

In order to provide required services, it may be necessary to temporarily assign an employee to a


different position. When an employee is assigned to a different position for fourteen (14)
consecutive days or more, the employee will be compensated as follows:

A. If the employee's regular rate of pay is higher than the range for the temporary assignment,
the employee will be paid his/her regular rate of pay.

B. If the employee's regular rate of pay is lower than the range for the temporary assignment,
the employee will be paid at an increased rate based on the range of the pay grade of the
temporary assignment.

June 2000
52

Section 4.10

SECTION 4.10 SUNDAY WORK

All full-time, 30-hour and part time employees scheduled to work on Sunday will be paid at their
regular hourly rate of pay for those hours worked. Sunday is considered a regular workday in our
workweek.

January 2004
53

Section 4.11

SECTION 4.11 OVERTIME COMPENSATION

All position descriptions of the library are noted as exempt or non-exempt.

A. NON-EXEMPT EMPLOYEES

Non-exempt employees are those employees who hold positions that are not administrative,
professional or executive as defined by the Fair Labor Standards Act. (See B, below for a
more complete definition.)

1. Non-exempt employees must be compensated at one and one-half (1½) times their
regular rate of pay for all hours actually worked over forty (40) in a workweek. The
library extends overtime compensation to include 30-hour employees and overtime will
be calculated as follows:

a. A 30-hour employee who works over thirty (30) hours in a workweek will be
compensated at one and one-half (1½) times the employee's regular rate of pay for
each hour worked over the employee's regular thirty (30) hour schedule.

b. Full-time employees who work over forty (40) hours in a work week will be
compensated at one and one-half (1½) times the employee's regular rate of pay for
each hour worked over forty (40) hours.

c. Overtime compensation will be based upon the employee's hourly rate of pay.

d. In general, library employees will not work more than their regularly scheduled
hours in a single workweek. Flexible scheduling will be used to cover services
within regularly scheduled hours. When overtime work cannot be avoided,
employees will be compensated at the overtime rate.

Part time staff that work more than five (5) minutes after the end of their scheduled
shift, will be paid for an extra fifteen (15) minutes work. They must document the
change on the schedule and inform their supervisor.

Full-time and 30 hour non-exempt staff that work more than five (5) minutes after
the end of their scheduled shift may come in fifteen (15) minutes later at their next
regularly scheduled shift, provided it does not negatively impact desk staffing. They
must document the change on the schedule and inform their supervisor.

e. Full time professionals and department heads are exempt from overtime restrictions.

2. If overtime is required, the prior authorization of the department head/branch manager is


required. Failure to receive authorization for overtime may result in disciplinary action.

June 2008, June 2007, June 2002, June 2001


54

Section 4.11

3. In an emergency situation, if the department head/branch manager, Deputy Director or


the Director cannot be reached for approval, overtime may be worked without prior
authorization.

4. For overtime calculation, the time on active pay status, when an employee is not actually
working (e.g., sick leave, ETO) is not considered time worked.

5. Scheduled overtime that is subsequently canceled and not worked will not entitle the
employee to any overtime compensation. Only overtime actually worked is
compensable.

6. When attendance at meetings, conferences and training sessions is required by the


library, travel time and time actually spent in meeting sessions will be considered time
worked for calculating overtime. Meal breaks will be counted as time worked only when
the meal is an integral part of a required meeting. Travel or meeting time is not
considered time worked if attendance at the meeting or class is not required.

7. An employee will not earn additional benefits as a result of overtime work.

8. Overtime compensation may be taken in the form of pay or compensatory time as


outlined below:

a. Overtime compensation will be calculated as follows:

1.) Time worked over forty (40) hours in a workweek will be paid at one and
one-half (1½) times the employee’s regular rate of pay or one and one-half
(1½) hours for each hour worked. For thirty (30) hour full time employees
the calculation will be based on time worked over thirty (30) hours in a
workweek.

2.) Overtime compensation will be based upon the employee’s hourly rate of
pay, plus any applicable pay supplements.

b. Compensatory time will be calculated at the same rate as overtime pay. The
following regulations apply to those choosing compensatory time:

1.) An employee must inform his/her supervisor at the time overtime is worked
whether he/she wishes compensation in the form of wages or compensatory
time. Failure to request compensatory time will result in overtime
compensation in the form of wages.

2.) Compensatory time may be accumulated up to a maximum of eighty (80)


hours (60 hours for thirty hour full time staff). Hours earned in excess of
this limit will be paid.
55

3.) The use of compensatory time must be scheduled at a time mutually


satisfactory to the employee and the employer.

B. EXEMPT EMPLOYEES

The Fair Labor Standards Act provides an exemption from both minimum wage and
overtime pay for employees employed as bona fide executive, administrative, professional
and certain computer employees. To qualify for exemption, employees generally must meet
certain tests established by the Department of Labor regarding their job duties. Job titles do
not determine exempt status. In order for an exemption to apply, an employee’s specific job
duties and salary must meet all the requirements of the U.S. Department of Labor
regulations. The exemption tests can be found at the Department of Labor website,
www.dol.gov.

In addition to professional librarians, the library elects to include department heads, branch
managers, coordinators and certain computer related jobs as exempt positions. All other
employees will be compensated for overtime work in the same manner as non-exempt
employees.

June 2005, June 2001


56

Section 4.12

SECTION 4.12 CALL-IN PAY

A. When a non-exempt employee is called in to work when the library is closed, on a holiday or
for an emergency at a time that does not adjoin his/her scheduled work hours, he/she will
receive call-in pay.

B. Call-in pay will be calculated at the rate of one and one-half (1½) times the employee's
regular rate of pay for all time worked or a minimum of four (4) hours (six (6) hours of
regular pay).

C. Additional work that extends an employee's regularly scheduled hours will not qualify for
call-in pay.
57

Section 4.13

SECTION 4.13 REIMBURSEMENT OF EXPENSES

Maximum allowable reimbursements for transportation, lodging and meal costs may be
established for certain conferences, events and workshops.

A. TRANSPORTATION

1. Travel by air, bus or other common carrier must be at the lowest available rate. The
employee is responsible for notifying the carrier of any reservation change or
cancellation at the earliest possible time.

2. The Ohio Ethics Commission expressly prohibits accepting, soliciting, or using the
authority or influence of an employee’s position to secure, for personal travel, a
discounted or free ―frequent flyer‖ airline ticket or other benefit from an airline if s/he
has obtained the ticket or other benefit from the purchase of airline tickets, for use in
official travel, by the department, division, agency, institution, or other entity with which
s/he serves, or by which s/he is employed or connected.

3. Actual mileage reimbursement for travel in privately owned vehicles will be at the
current IRS authorized rate per mile. The mileage reimbursement will be deemed to
cover all expenses incurred by use of the privately owned vehicle including oil, gasoline,
tires, depreciation, insurance and all other expenses of operation. Mapquest, Yahoo or
other such electronic sources of mileage information cannot be submitted as proof of
mileage for reimbursement. Only actual mileage counts will be accepted for
reimbursement.

4. When two (2) or more employees are traveling to the same destination, they should
travel together and only the owner of the car may claim mileage reimbursement.

5. An employee who chooses to use his/her own vehicle for an out-of-state trip will be
reimbursed at an amount not to exceed the cost of air transportation at the lowest
available rate.

6. Reimbursement for taxi fares, bridge, highway and tunnel tolls, parking and garage
charges may be claimed upon presentation of receipts.

7. Prior approval from the employee’s supervisor is required for all travel on library
business. The Director will receive approval from the Fiscal Officer. Form E-35,
"Request for Time and Expenses," must be completed and submitted in advance.

8 Mileage will be paid for authorized errands, calculated from the library to the destination
and back, upon submission of E-10, ―Request for Miscellaneous Reimbursement. If an
employee begins or ends travel from his/her home, he/she will be paid for the distance
from his/her home or the library, whichever is less.

9. No reimbursement will be made for travel between the employee's home and the library.
58

Section 4.13
B. LODGING

1. Expenses covering the actual cost of a hotel or motel room will be reimbursed in full
when an employee travels out of town on official library business and such travel
requires an overnight stay. Prior approval of the Training and Staff Development
Coordinator and employee’s supervisor through the E-35 form is required for
reimbursement of lodging expenses.

2. Only business telephone calls will be reimbursed.

3. No reimbursement will be made for entertainment, in-room movies, restocking in-room


snacks, room service, dry cleaning or laundry charges.

C. MEALS

1. An employee authorized to travel on official library business may (with the approval
through the E-35 process) claim reimbursement for the actual cost of meals.
Reimbursement for meals will be made only when travel extends through a normal meal
period.

2. Tips (over 20%), alcoholic beverages and entertainment are not reimbursable.

D. REQUESTS FOR REIMBURSEMENT OF TRAVEL EXPENSES.

1. Reimbursement of lodging, meals and travel related expenses are to be made on pre-
approved Form E-35, which is to be submitted to the Fiscal Officer. Only detailed and
itemized receipts will be accepted for reimbursement.

June, 2010, June 2005, June 2004, June 2001, June 2000
59

Section 5.1

CHAPTER 5

BENEFITS

SECTION 5.1 INSURANCE

A. HEALTH CARE INSURANCE

1. Full-time and 30-hour employees are eligible for health care insurance under the policies
chosen by the Board.

2. New employees are eligible to enroll in the insurance program the first of the month
following start of work. An employee must complete the application form by the
beginning of the pay period following hire in order to qualify for the maximum available
coverage. An employee who initially waives coverage will be eligible for coverage at
open enrollment or in the case of a qualifying event.

3. The premium for single coverage is fully paid by the library for full-time employees and
three-quarters (¾) paid for 30-hour employees enrolled in the Health Savings Plan
design. Employees who elect an alternative plan offering will pay the difference between
the Health Savings Plan premium and that other plan. An employee may purchase
family coverage by paying the additional cost through payroll deduction.

4. The library may fund a specified dollar amount of the deductible for employees electing
the Health Savings Plan. The funding amount will be determined by the Director and
the Library Board of Trustees.

5. Details of coverage are outlined in the health care plan booklets.

6. Pages, part-time employees and substitutes are not eligible for health care insurance
because of existing restrictions in the library’s group policies.

7. Paid health care insurance will not be provided to employees on an unpaid leave of
absence for any reason that does not qualify for family and medical leave. (See Section
5.10 LEAVES Of ABSENCE). An employee can continue benefits by pre-paying the
entire cost, for a short-term leave, or through the provisions of COBRA. (See Section
11.3 HEALTH CARE BENEFITS CONTINUATION (COBRA)

8. Open enrollment period is the month prior to the renewal date.

June 2009, June 2008, June 2000, June 2001, 2004, 2004
60

Section 5.1

B. LIFE INSURANCE

The library provides a fully paid, twenty-five thousand dollar, ($25,000) term life insurance
policy on each full-time and 30-hour employee. These employees may purchase additional
life insurance by payroll deduction.

C. DENTAL INSURANCE

1. Full-time and 30-hour employees are eligible for dental insurance under the policy
chosen by the Board.

2. New employees are eligible to enroll in the insurance program the first of the month
following start of work. An employee must complete the application form by the
beginning of the pay period following hire in order to qualify for the maximum available
coverage. An employee who initially waives coverage will be eligible to enroll at any
time, however waiting periods of up to a year will be applicable for level II(Basic) and
III (Major) care except in the case of a qualifying event.

3. The premium for single coverage is fully paid by the library for full-time employees and
three-quarters (¾) paid for 30-hour employees. An employee may purchase family
coverage by paying the additional cost through payroll deduction.

4. Details of coverage are outlined in the dental plan booklet.

5. Pages, part-time employees and substitutes are not eligible for dental insurance because
of existing restrictions in the library’s group policies.

6. Paid dental insurance will not be provided to employees on an unpaid leave of absence.

D. VISION INSURANCE

1. Full time and 30-hour employees are eligible for vision insurance under the policy
chosen by the Board.

2. New employees are eligible to enroll in the insurance program the first day of the month
following start of work. An employee must complete the application form by the
beginning of the pay period immediately following his/her date of hire to qualify for the
maximum available coverage. An employee who initially waives coverage will be
eligible for coverage at any time later with no restrictions.
61

Section 5.1

3. The premium for single coverage is fully paid by the library for full-time employees and
three-quarters (¾) paid for 30-hour employees. An employee may purchase family
coverage by paying the additional cost through payroll deduction.

4. Details of coverage are outlined in the vision plan booklets.

5. Pages, part-time employees and substitutes are not eligible for vision care insurance
because of existing restrictions in the library’s group policies.

6. Paid vision insurance will not be provided to employees on an unpaid leave of absence.

E. LONG TERM DISABILITY INSURANCE

1. Full–time and 30–hour employees are eligible to purchase long term disability insurance
under the policy chosen by the library.

2. New employees are eligible to enroll in the long term disability insurance program the
first of the month following their date of hire. The employee must complete the
application form by the beginning of the pay period following hire. Employee may elect
to purchase long term disability insurance at any time later without restrictions.

3. Because this is a participatory benefit, 80% of the premium for coverage is paid by the
library and 20% is paid by the employee through payroll deduction.

4. Details of coverage are outlined in the long term disability plan booklet.

5 Pages, part-time employees and substitutes are not eligible for long term disability
insurance because of existing restrictions in the library’s group policies.

6. Long term insurance will not be provided to employees on an unpaid leave of absence.

E. SUPPLEMENTAL LIFE INSURANCE

1. Full-time and 30-hour employees are eligible to purchase supplemental term life
insurance under the policy chosen by the library. Enrollment is the first of month
following hire date or job effective date. Proof of good health will not be required during
open enrollment. If coverage is waived at hire or job effective date, an employee may
apply for purchase of supplemental life insurance at any time, but proof of good health
will be required in order to qualify. Employees may purchase one or two times their
salary as a guarantee issue during the open enrollment period. Three or four times their
62

salary may be purchased, but proof of good health will be required by the insurance
company.

Full-time and 30-hour employees who have purchased supplemental term life, are then
eligible to purchase supplemental term life for their spouses and dependents.

2. Part time employees, pages and substitutes are not eligible for supplemental Life
Insurance because of existing restrictions in the library’s group policies.

G. WORKERS' COMPENSATION

State law provides that every library employee is eligible for Workers' Compensation for
injuries arising out of or in the course of his/her employment. Guidelines for reporting on the
job injuries are set forth in Section 8.11 ON THE JOB INJURY.

June 2003, June 2000


63

SECTION 5.2 FLEXIBLE SPENDING ACCOUNT

A. The Flexible Spending Account allows full-time, 30-hour and part time employees to pay for
medical, dental and vision out-of-pocket expenses and/or dependent care expenses as well as
group health insurance premiums with pre-tax dollars by payroll deduction.

B. If a full time employee is enrolled in the Library’s Health Savings Account, IRS rules
prohibit that employee from participating in a Flexible Spending Account.

C. The Plan Year for the library begins on January 1 of each year and ends on December 31 of
the following year. Exact payroll dates will be determined by the first payroll period that
includes the date of January 1.

D. Each year, at open enrollment, employees will be given the option to enroll in the plan by
completing the Election and Compensation Reduction Agreement. November is open
enrollment month.

E. Those employees who do not wish to participate must complete the Election to Waive
Participation form.

F. In Accordance with IRS rules, any money left in either a medical spending account or
dependent care account at the end of the plan year will be forfeited. A Grace Period of 2 and
½ months (until March 15th) is offered during, which additional eligible expenses may be
reimbursed from remaining funds in the previous plan year account balance.

G. Terminated employees are allowed 90 days following their termination date to submit
expenses incurred through their termination date.

June 2008, June 2006, June 2001, June 2000


64

Section 5.3

SECTION 5.3 OHIO PUBLIC EMPLOYEES' RETIREMENT SYSTEM (OPERS)

A. OPERS enrollment is mandatory for all employees. For employees hired after January 1,
2003, OPERS requires new hires to select one of the (3) retirement plan options. Ohio PERS
must receive your retirement plan selection on or before the last day of your 180-day
enrollment period. The three (3) plan options are:

1) Traditional Pension Plan – A Defined Benefit Plan – retirement benefit is


determined by a formula (based on the years of service and highest years of
salary).
2) Member-Directed Plan –A Defined Contributions Plan - retirement benefit is
determined by employee & employer contributions and gains/losses of
investment options.
3) Combined Plan - A Defined Benefit and Defined Contribution Plan –
retirement benefit is determined by reduced formula (for DB component) and
gains/losses of investment options (for DC component).

B. An employee's contribution is held in his/her own account by OPERS. The library's


contribution is held in the general fund of OPERS. When an employee leaves public
employment, he/she may request a refund of his/her own contribution. Funds contributed by
the employer are not refundable; the library paid portion of the employees’ contribution is
refundable. An employee may choose to leave his/her contribution in the fund and receive
retirement benefits upon qualification. (See Section 4.7 PAYROLL DEDUCTIONS and
Section 4.8 RETIREMENT PICK-UP)

C. An employee may name a beneficiary for his/her account. If no one is named as beneficiary,
the law requires:

1. The spouse to be the beneficiary; or,

2. If there is no spouse, the youngest dependent child under age 18 (or under 22 if a
qualified student).

3. If monthly survivor benefits are selected by a legal guardian for this child, payments will
be determined on the basis of all the children under 19 (or 22 if qualified students), and
divided equally among them. Incompetent, dependent children, regardless of age are
included.

4. If monthly survivor benefits are not payable or there are no dependent children, all living
children will share equally in a refund of the account.

5. If there is no spouse or children, a dependent parent, if the parent selects a monthly


survivors benefit.
Section 5.3
65

6. If none of the above, parents share equally in a refund of the account.

7. If none of the foregoing, a refund of the account will be paid to the estate.

D. An employee having any questions regarding this program should contact the Human
Resources Coordinator.
66

Section 5.4

SECTION 5.4 EARNED TIME OFF (ETO)

A. FULL-TIME AND 30-HOUR EMPLOYEES

All full-time and 30-hour employees will receive earned time-off (ETO) benefits as shown
on the chart below. ETO combines vacation, personal leave (two (2) days) and floating
holidays (Presidents' Day, Columbus Day, and Veterans’ Day). ETO accruals are increased at
the beginning of the pay period following the anniversary date. ETO accruals are based on
completed years of service. Full-time and 30 hour employees may carry over into the
following calendar year the equivalent of one (1) year of ETO accrual.

Status FT Years of Hours earned Yearly


Service per pay period Allowance &
Carryover
Full Time
MLS2 All 8.308 216 Hours
Other 0-3 4.616 120 hours
4-9 6.154 160 hours
10-14 7.693 200 hours
15+ 8.308 216 hours
Prorated-30 hrs
MLS2 All 6.231 162 hours
Other 0-3 3.462 90 hours
4-9 4.656 150 hours
10-14 5.770 150 hours
15+ 6.231 162 hours

B. PART-TIME EMPLOYEES

Part-time employees will receive earned time-off (ETO) benefits as shown on the chart
below. ETO combines vacation and personal leave (equivalent to two (2) days per
year).Part-time employees may carry over into the following calendar year the equivalent of
one (1) year of ETO accrual.

2
MLS required positions
67

Status PT Years of Earned Per Yearly


Service Hour Allowance &
Worked/Paid Carryover

MLS2 All .0920 95.68 hours

Other 0-3 .0464 48.25 hours


4-9 .0464 67.70 hours
10-14 .0843 87.67 hours
15+ .0920 95.68 hours

C. ETO is credited each pay period, beginning the first day of employment. For purposes of
calculating an employee’s ETO accrual rate, an employee’s prior service with any political
subdivision of the State of Ohio will be included as ―years of service‖. The anniversary date
for an employee with prior service is the anniversary date of that prior service. An employee
must inform the library of prior service at the time of hire.

D. ETO accrues, but may not be taken during the first three (3) months of employment.

E. ETO accrues only during regularly scheduled work hours and not during overtime hours or,
in the case of part time staff, not for hours worked over 40 in a pay period.

F. ETO may not be taken before it is earned.

G. Full-time, 30-hour and part-time employees may carry over into the following calendar year
the equivalent of one (1) year of ETO accrual. ETO that has been carried over must be used
before the last day of the payroll year or it will be lost.

H. To ensure that proper staffing levels are maintained the library has in place a coordinated
ETO Request Procedure for public service staff. Employees, who work in public service
positions are required to submit vacation requests on the ETO Request Form three times a
year. The dates of the requests are as follows:

Submittal date Vacation time period

November 1 January 1 – April 30


March 1 May 1 – August 31
July 1 September 1 – December 31
68

I. Vacation requests are reviewed and approved within two weeks of the submittal dates by a
Vacation Review Team. The Review Team's purpose is to ensure system wide operational
considerations and approval equity. The team is comprised of the management staff
representing these four areas: Branch; Circulation: Lee Rd. Department Coordinator and
Administration.

J. Should emergency or unplanned ETO needs occur during the interim between the three
submittal dates, the department manager or in-charge person will have the discretion to
approve or deny the request. Consideration will be given with review of the approved ETO
master calendar and impact on library operations.

K. ETO benefits are designed to vary due to position, service years and hours. ETO benefits are
intended to range from 2 to 5 weeks. For each one week ETO request, full time staff must
use 40 hours, 30-hour staff must use 30 hours; part time staff must use 16 hours. For single
day ETO requests, full time staff must use 8 hours; 30-hour staff must use 6; and part-time
staff must use 4 hours. Part time staff may not be paid ETO and work 4 hours on the same
day.

L Non-exempt staff may use ETO in minimum of one hour units with the permission of the
department head or branch manager based on departmental and scheduling needs. Exempt
staff may not be charged for less than 4 hours ETO in accordance with the Fair Labor
Standards Act.

M. Leave may be denied during a specific period, if the workload dictates.

N. At the time of an employee’s resignation or retirement, any earned but unused ETO shall be
paid and included in the employee’s final check or checks.

O. In the event of the death of an employee, payment of any earned but unused ETO shall be
paid according to the OPERS standard list of beneficiaries, or to the estate of the deceased.

P. An employee on approved ETO cannot change their paid time to Sick Leave should they
become ill while on ETO.

June 2010. June 2009, June 2007, June 2004, October 2002, June 2005, June 2003, 2002
69

Section 5.5

SECTION 5.5 HOLIDAYS

A. Full-time and 30-hour employees receive the following paid holidays when the library is
closed:

New Year's Day First day of January

Martin Luther King, Jr. Day Third Monday of January

Memorial Day Last Monday of May

Independence Day Fourth day of July

Labor Day First Monday of September

Thanksgiving Day Fourth Thursday of November

Christmas Eve Day Twenty-fourth day of December

Christmas Day Twenty-fifth day of December

B. The library will close at 5:30 p.m. on New Years Eve (unless it falls on a Sunday) with
employees scheduled for a regular Saturday workday.

C. If a holiday on which the library is closed falls on Sunday, the library will be closed on
Sunday and Monday, with Monday being recognized as the paid holiday. Full-time and 30-
hour employees will be paid for a regular day of work and will have their work schedules
reduced for the remainder of that workweek, so that the combined hours of work and holiday
pay do not exceed the employee's regularly scheduled workweek.

D. If a holiday on which the library is closed falls on a Saturday, full-time and 30-hour
employees will be paid for a regular day of work and will have their work schedules reduced
for the remainder of that workweek so that the combined hours of work and holiday pay do
not exceed the employee's regularly scheduled workweek.
3
E. Only employees on active pay status will receive holiday pay. An employee who is not on
active pay status the day before a holiday will not receive holiday pay.

F. Pages, substitutes and part-time employees are not eligible for holiday pay.

3
An employee is on active status whenever he/she is receiving a paycheck. An employee on any form of paid leave
is on active status.
June 2000
70

Section 5.5

G. The library will be closed on Easter Sunday.

H. Full-time employees will receive eight (8) hours of earned time-off (ETO) and 30-hour
employees will receive six (6) hours of ETO for each of the following holidays when the
library is open: Presidents' Day, Columbus Day and Veterans' Day. (See Section 5.4
EARNED TIME OFF)
71

Section 5.6

SECTION 5.6 SICK LEAVE

A. The library provides a generous sick leave accrual benefit. Sick leave is considered as
insurance to protect staff in case of significant or catastrophic illness. Sick Leave is not
intended to been seen as an entitlement to excused days off.

Attendance and punctuality are very important parts of an employee’s job performance
because poor attendance has a negative affect on the operation of the library. We believe
there are four reasons for this.

1. Loss of productivity. Some work just cannot be made up or an absence may cause certain
work to be cancelled or poorly delivered, or the absence may cause potential work never
to be started. An absence causes supervisors to spend time making schedule adjustments
resulting in a loss of their productivity.

2. Customer service. Loss of productivity due to absence negatively impacts the service we
provide to both our internal and our external customers. Positive customer service is our
most important product.

3. Morale. Morale suffers when absences occur especially when it occurs often. Staff must
cover for the absence, which negatively affects their own productivity and that affects
their own job satisfaction.

4. Financial cost. There is a financial cost to the library both for the lost productivity of the
absentee and for the replacement brought in to fill the absence.

Excessive use of sick leave and poor attendance will result in disciplinary action including
and up to termination; will be reflected on your performance evaluation and will affect future
salary increases. Excessive use is defined by the Library as more than 4% of your total hours
worked.

Full-time employees earn 4.616 hours of sick leave per pay period (one hundred twenty
(120) hours per year). 30-hour employees earn 3.462 hours per pay period (ninety (90) hours
per year). Part-time employees are credited with .0575 hours of sick leave for each one (1)
hour worked. Sick leave is earned only when an employee is on active pay status, (i.e. only
those days for which the employee is actually paid). Sick leave does not accrue during
overtime work (over forty (40) hours in a workweek for full-time employees; over thirty (30)
hours in a workweek for 30-hour employees; over 40 hours in a pay period for part-time
employees.

B. New employees earn sick leave from the first day of employment; however, it cannot be
used until after the first three (3) months of employment. The total amount of sick leave an
employee may accrue is limited to:
72

Employment Status Maximum Accrual


Full-time 840 hours plus current year

30-hour 630 hours plus current year


Regular part-time 420 hours plus current year

C. An employee requesting sick leave must notify his/her supervisor and give the reason for
his/her absence according to procedures established by his/her department or branch.

D. When an employee is absent for three (3) or more days, (including work related injuries) the
Human Resources Coordinator must be notified on the third day. If those absences are
determined to qualify as Family Medical Leave, they shall be designated as Family Medical
Leave. See – Family and Medical Leave Act Section 5.10. Either the Human Resources
Coordinator or the employee may request a determination on FMLA eligibility.

E. An employee who uses sick leave for themselves or an immediate family member for more
than three (3) calendar days may be required to present a physician's note verifying the
illness and stating the employee's probable date of return to work. Upon return to work an
employee absent for three (3) or more days because of a personal illness, may be required to
to furnish a statement from a physician certifying his/her ability to perform the position
duties.

F. An employee may not take sick leave immediately before or after a holiday or ETO day
unless the need for sick leave is certified by a licensed physician.

G. Sick leave cannot be used until after it is earned. (See Section 5.6 (O))

H. A supervisor, with the Director’s approval, has the authority to investigate the reason for an
employee's absence. (See Section 8.2 (B) (2))

I. If an illness or disability continues beyond the time covered by earned sick leave, an
employee will be required to use earned ETO. When ETO is exhausted, an employee must
request an unpaid leave of absence or resign. (See Section 5.10 LEAVES OF ABSENCE)
An employee may not be permitted to use ETO or unpaid leave for sick leave if the
employee has been counseled or disciplined for misuse of leave.

J. An employee who fraudulently obtains sick leave or falsifies sick leave records is subject to
disciplinary action. (See Section 10 DISCIPLINE)

K. Sick leave may be used for:

1. Illness or injury of the employee or illness or injury of a member of the employee's


immediate family, where the presence of the employee is reasonably necessary;

2. Medical appointment treatment of the employee because an appointment cannot be


scheduled during non-work time, when the use is approved by the employee's
supervisor;
73

3. Disability due to pregnancy, childbirth or related medical conditions; (See Section 5.11,
Parental Leave.)

L. "Immediate family" is defined as parent, child, spouse, sole companion, or in loco parentis (a
person who stands in the place of a parent). (See Section 5.10 Family and Medical Leave
Policy)

M. Sick leave may not be used for observance of religious holidays.

N. Sick leave is charged in minimum units of fifteen (15) minutes for non-exempt staff. Sick
leave may not be charged for less than 4 hours for exempt staff in accordance with the Fair
Labor Standards Act. The Department of Labor permits employers to deduct partial-day
absences from an exempt employee’s leave bank without jeopardizing the employee’s
exempt status.

O. An employee absent on sick leave is paid at his/her regular rate of pay.

P. A new full-time or 30-hour employee may transfer from previous public employment an
amount not to exceed the equivalent of one (1) year's sick leave accrual as defined in
paragraph A of this policy. The leave must be verified as earned, but not paid, by the former
employer. The transferred sick leave can be used during the first three (3) months of
employment.

Q. An employee who retires from service with the library is entitled to convert twenty-five
percent (25%) of his/her accrued, but unused, sick leave into a cash payment at the time of
separation. (See Section 11.3 SICK LEAVE CONVERSION)

R. In the event of the death of an employee, twenty-five percent (25%) of his/her accrued, but
unused, sick leave shall be converted into a cash payment and paid according to the OPERS
standard list of beneficiaries, or to the estate of the deceased.

S. Sick leave will not be paid when calling off on an on-call shift. The absence will be
considered as an absence under the Library’s attendance policy.

June 2009
74

Section 5.7

SECTION 5.7 COURT LEAVE

A. Full-time or 30-hour employees will receive full pay when summoned for jury duty by a
court of competent jurisdiction or subpoenaed to appear before any court, commission, board
or other legally constituted body authorized by law to compel the attendance of witnesses,
providing the employee is not a party to the action. A regular part-time employee or page
will be paid for the hours scheduled during the period of the jury duty or if subpoenaed. Any
staff member summoned to appear on a day when he/she is not scheduled to work will not be
paid.

B. An employee who must appear in court on his/her own behalf may use ETO, compensatory
time or may request an unpaid leave of absence.

C. An employee released from jury duty before the end of his/her scheduled workday must
report to work for the remaining hours.

D. Any payment received in fulfillment of required jury duty may be retained by the employee.

June 2009, June 2007


75

Section 5.8

SECTION 5.8 MILITARY LEAVES

Appropriate leaves will be granted, paid, and benefits provided, in accordance with state (Ohio
Revised Code) and federal law (Uniformed Services Employment and Re-employment Rights
Act (USERRA).

A. MILITARY RESERVES

Ohio National Guard, Ohio Military Reserve, Naval Militia and all U.S. Armed Forces
reserve members are authorized up to twenty-two (22) calendar days to a maximum of one
hundred seventy-six (176) hours paid leave per calendar year for training purposes. The
employee must submit a copy of the Active Duty for Training Orders with the request for
leave and complete the required leave papers.

B. UNIFORMED SERVICE LEAVE

A permanent employee, who voluntarily or involuntarily enters any of the Armed Services
of the United States, will be granted an unpaid military leave of absence as defined by
Section 5903.01 of the Ohio Revised Code and the Uniformed Services Employment and
Re-employment Rights Act (USERRA). No single leave or combination of leaves may
exceed five (5) years unless the service time is for a single, initial period of service.

June 2003
76

Section 5.9

SECTION 5.9 BEREAVEMENT LEAVE

This policy applies to full time, 30 hour and regular part time staff.

A. In the event of the death of an immediate family member, defined by the Library as spouse,
sole companion, parent, son/daughter, or sibling, or stepchildren of the same degree, an
employee is eligible for up to five (5) days of paid time off to arrange for and/or attend the
funeral. Employees will be paid only for those days that fall on consecutively scheduled
workdays during the five day period. Any additional time, such as ETO, may be approved by
the supervisor. (See Section 5. 4 EARNED TIME OFF and Section 5. 10 LEAVES OF
ABSENCE)

B. In the event of a death of other family members, defined as, grandparent, grandchild,
mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law), an
employee will be eligible for up to three (3) days of paid time off to arrange for and/or attend
the funeral. Employees will be paid only for those days that fall on consecutively scheduled
workdays during the 3 day period. Any additional time, such as ETO, may be approved by
the supervisor. (See Section 5. 4 EARNED TIME OFF and Section 5. 10 LEAVES OF
ABSENCE)

C. Bereavement leave must be taken at the time of death and may not be used at a later time.

June 2008, June 2005, October 2002


77

Section 5.10

SECTION 5.10 LEAVES OF ABSENCE

The Family and Medical Leave Act

The Library shall comply with all the provisions of the Family and Medical Leave Act of 1993
and any of its amendments passed by federal, state or local agencies. The FMLA entitles eligible
employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for
specified family and medical reasons. Amendments to the FMLA by the National Defense
Authorization Act, expanded the FMLA to allow eligible employees to take up to 12 weeks of
job-protected leave in the applicable 12-month period for any ―qualifying exigency‖ arising out
the fact that a covered military member is on active duty, or has been notified of an impending
call or order to active duty, in support of a contingency operation. It also amended FMLA to
allow eligible employees to take up to 26 weeks of job-protected leave in a ―single 12-month
period‖ to care for a covered service member with a serious injury or illness.

Employee Eligibility

To be eligible for FMLA benefits, an employee must:


Have worked for an employer for a total of 12 months;
Have worked at least 1,250 hours over the previous 12 months;

Leave Entitlement

An eligible employee is granted up to a total of 12 workweeks of unpaid leave during any 12-
month period for one or more of the following reasons:

For the birth and care of a newborn child of the employee


For placement with the employee of a son or daughter for adoption or foster care
To care for a spouse, son, daughter, or parent with a serious health condition;
To take medical leave when the employees is unable to work because of a serious health
condition;
For qualifying exigencies arising out of the fact that the employee’s spouse, son,
daughter, or parent is on active duty or call to active duty status as a member of the
National Guard or Reserves in support of a contingency operation.
An eligible employee who is a spouse, son, daughter, parent, or next of kin of a current
member of the Armed Forces, including a member of the National Guard or Reserves,
with a serious injury or illness up to a total of 26 workweeks of unpaid leave during a
single 12-month period to care for the service member.

Spouses employed by the same employer are limited to the amount of family leave they mat take
for the birth and care of a newborn child, placement of a child for adoption or foster care, or to
care for a parent who has a serious health condition to a combined total of 12 weeks (or 26
weeks if leave to care for a covered service member with a serious injury or illness is also used.)
78

Under some circumstances, employees may take FMLA intermittently – taking leave in separate
blocks of time for a single qualifying reason – or on a reduced leave schedule- reducing the
employee’s usual weekly or daily work schedule. When leave is needed for planned medical
treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly
disrupt the Library’s operation.

As is permitted by FMLA, the Library has chosen to require employees to substitute accrued
paid Sick Leave and/or ETO to cover any FMLA leave.
In the case of medical leave, the employee is required to use all accrued sick and ETO
leave prior to being placed on unpaid status.
In the case of family leave, an employee is required to use all accrued vacation and
ETO leave, not including sick leave, and prior to being placed on unpaid status.
In the case of Parental Leave, (See Parental Leave 5.11), employee is permitted to use
a combination of Sick Leave and ETO.
If an employee is on an absence covered by Worker’s Compensation payment, and
for a condition that qualifies for family medical leave, paid leave will only be applied
to that portion of the leave not covered by Worker’s Compensation.

Serious Health Condition

―Serious health condition‖ defined by FMLA means an illness, injury, impairment, or physical or
mental condition that involves either:

Inpatient care (an overnight stay) in a hospital, hospice, or residential medical-care


facility, including any period of incapacity (i.e., inability to work, attend school, or
perform regular daily activities) or subsequent treatment in connection with such
inpatient care; or
Continuing treatment by a health care provider, which includes:

1) A period of incapacity lasting more than three consecutive, full calendar days, any
subsequent treatment or period of incapacity relating to the same condition, that also
includes:

Treatment two or more times by or under the supervision of a health care


provider (i.e. in-person visits, the first within 7 days and both within 30 days
of the first day of incapacity); or
One treatment by a health care provider (i.e., an in-person visit within 7 days
of the first day of incapacity) with a continuing regimen of treatment (e.g.
prescription medication, physical therapy): or

2) Any period of incapacity related to pregnancy or for prenatal care. A visit to the
health care provider is not necessary for each absence; or
3) Any period of incapacity or treatment for a chronic serious health condition which
continues over an extended period of time, requires periodic visits (at least twice a
year) to a health care provider, and may involve occasional episodes of incapacity. A
visit to a health care provider is not necessary for each absence; or
79

4) A period of incapacity that is permanent or long-term due to a condition which


treatment may not be effective. Only supervision by a health care provider is
required, rather than active treatment; or

5) Any absences to receive multiple treatments for restorative surgery or for a condition
that would likely result in a period of incapacity of more than three days if not
treated.

Immediate Family Member

―Immediate family member‖ is defined by FMLA as a spouse, parent, son or daughter. In-laws
are not included. The Library will include sole companion and in loco parentis (a person who
stands in the place of a parent).

Notice and Certification

Employees seeking to use FMLA leave are required to provide 30-day advance notice of the
need to take FMLA leave when the need is foreseeable and such notice is practicable. If leave is
foreseeable less than 30 days in advance, the employee must provide notice as soon as
practicable – generally, either the same or next business day. When the need for leave is not
foreseeable, the employee must provide notice to the Library as soon as practicable under the
facts and circumstances of the particular case. Absent unusual circumstances, employees must
comply with the Library’s usual and customary notice and procedural requirements for
requesting leave.

The library requires employees to complete a Leave of Absence Request form in accordance
with the above mentioned time frames as the means for notifying the library of their need for
leave.

When an employee seeks leave for a FMLA-qualifying reason for the first time, the employee
need not expressly assert FMLA rights or even mention the FMLA. However, when an
employee seeks leave due to a FMLA-qualifying reason for which the Library has previously
provided the employee FMLA-protected leave, the employee must specifically reference either
the qualifying reason for leave or the need for FMLA leave.

When an employee requests FMLA leave or the library acquires knowledge that leave may be
for a FMLA purpose, the library will notify the employee of his or her eligibility to take leave,
and inform the employee of his/her rights and responsibilities under FMLLA. When the library
has enough information to determine that leave is being taken for a FMLA-qualifying reason, the
Library must notify the employee that the leave is designated and will be counted as FMLA
leave.

Certification

The library requires, as is supported by the law, that an employee’s request for leave due to a
serious health condition affecting the employee or a covered family member be supported by a
certification of a health care provider. The library is entitled to require a second or third medical
80

opinion (at the library’s own expense). The opinion of the third provider will be considered final
and binding on both parties. Periodic recertification is also permitted by the library.

Health Benefits
The library will continue to pay its portion of the employee’s insurance coverage for the first
twelve weeks. Thirty-hour employees are responsible for paying their portion of their health
benefits either through payroll deduction or check.

Dependent insurance coverage will continue to be paid by the employee through payroll
deductions or check.

In accordance with FMLA regulations, the library may recover its share of health plan premiums
during a period of unpaid FMLA from an employee if the employee fails to return to work after
the employee’s FMLA leave entitlement has been exhausted or expires.

Return to Work

An employee wishing to return before the scheduled end of a leave must give at least two (2)
working days advance notice to his/her supervisor.

If the employee is on a medical leave due to a serious health condition, the employee will be
required to provide a fitness-for-duty certification before the employee is permitted to return to
work.

Upon return from a family/medical leave, an employee will be restored to the position held when
leave commenced, or a position with equivalent benefits, pay, and other terms and conditions of
employment.

All benefits accrued prior to the leave will remain intact; however, the employee will not accrue
benefits during any unpaid portion of the leave.

If it is discovered that a leave of absence granted for a specific purpose is not being used for that
purpose, the Director may cancel the leave and direct the employee to report to work. The
employee will be subject to disciplinary action under the Library’s Discipline Policy, Section
10.1 of the Human Resources Policy Manual.

If an employee has exhausted all family/medical leave allowance and not able to return to work,
the library no longer has an obligation to hold open their position.

An employee who fails to return to work at the expiration or cancellation of an approved


family/medical leave without satisfactory explanation to the Director will be terminated. The
employee’s termination date will be established as the starting date of the approved
family/medical leave.
81

FMLA Period

For all uses of FMLA or any other leave of absence, the library will count the 12 month period
measured forward from when the employee first takes leave.

OTHER LEAVES OF ABSENCE

An employee may request a leave of absence for up to one (1) year inclusive of FMLA time. A
leave of more than three (3) months for full-time and 30-hour positions is subject to approval of
the Board, upon recommendation of the Director. Leaves of up to three (3) months, including
part-time staff, are granted at the discretion of the Director. The request for leave must be
submitted in writing a minimum of thirty (30) days prior to the commencement of the leave and
must specify the required period of time and the reason for the leave.

Acceptable reasons for an unpaid leave include:

1. Education or training that would benefit the library;

a. Qualifying family and medical leaves, over the twelve (12) week family and
medical leave;

b. Family reasons that do not fall within the circumstances outlined in the family and
medical leave policy; or

c. Other approved reasons.

2. Employees, full-time, 30-hour and part-time, must exhaust all available paid leave before
requesting an unpaid leave.

3. Library paid health benefits will not continue during the leave, except as provided by the
family and medical leave policy. Library paid benefits will end at the end of the month
in which the leave begins or family and medical leave eligibility ends and will begin
again on the first of the month in which the employee effectively returns to work. An
employee may use COBRA benefits from the time allowed by law. (See Section 11.3
COBRA)

4. An employee on an unpaid leave of absence does not accrue sick leave or ETO.
82

5. If it is discovered that a leave of absence granted for a specific purpose is not being used
for that purpose, the Director may cancel the leave and direct the employee to report for
work. Failure to report for work will be considered a resignation. The employee will be
subject to disciplinary action under the Library’s Discipline Policy, Section 10.1 of the
Human Resources Policy Manual.

6. If an employee fails to return to duty on the day of the expiration or cancellation of an


approved leave of absence, without satisfactory explanation to the Director, he/she will
be terminated. The employee’s termination date will be established as the original
starting date of the approved leave of absence.

7. The position held by an employee on leave of absence will be filled on a temporary basis,
if possible. However, there is no guarantee that an employee will be assigned to the same
position upon return to work.
83

Section 5.11

SECTION 5.11 PARENTAL LEAVE

The Family and Medical Leave Act is a federal law that requires employers to provide 12
weeks of unpaid leave to employees who have been employed by the Library for at least
12 months and who have worked at least 1250 hours during the 12-month period
immediately preceding the commencement of the leave. The library has created a
Parental Leave policy that incorporates and goes beyond the federal provisions by
allowing the use of sick leave and/or ETO time concurrent with FMLA time. See Section
5.10 for full Family and Medical Leave Act rights.

Policy

Parental leave will be approved for a period of up to 12 weeks, as allowed by FMLA. All
FMLA notices and documentation will be required in accordance with the law.

Eligibility

Employees who have been employed by the Library for at least 12 months and who have
worked at least 1250 hours during the 12-month period immediately preceding the
commencement of the leave, may take parental leave for the birth or adoption of a child,
pregnancy related condition, prenatal care, post-natal care, childcare and/or disability due
to pregnancy, childbirth or related medical conditions.

Part-time employees are not covered by the protection provided by the Family and
Medical Leave Act. However, part-time employees that have worked for the library for
more than one year may be allowed the equivalent of 12 weeks of parental leave
following these guidelines.

Pay while on FMLA-Parental Leave

1) The first 8 weeks of the leave may be paid up to the amount of sick leave you
have earned without medical certification. If you do not have enough sick leave,
ETO or leave without pay may be used. The treating physician must medically
certify a request for paid sick leave beyond 8 weeks. You also have the option to
retain up to 40 hours of sick leave in your bank.

2) The remaining 4 weeks may be paid with available ETO or may be taken as
unpaid leave. However, you must use ETO so that you have no more than 40
hours of accrued ETO in your bank following your return to work.

Benefit Accruals while on FMLA-Parental Leave


84

1) While on any paid portion of the leave, ETO and Sick Leave will continue to
accrue. Sick Leave and ETO will not accrue on unpaid time.

Medical Benefits while on FMLA-Parental leave

The library will continue to pay its portion of the employee’s insurance coverage for the
first twelve weeks. Thirty-hour employees are responsible for paying their portion of
their health benefits either through payroll deduction or check.

Dependent insurance coverage will continue to be paid by the employee through payroll
deductions or check.

In accordance with FMLA regulations, the library may recover its share of health plan
premiums during a period of unpaid FMLA from an employee if the employee fails to
return to work after the employee’s FMLA leave entitlement has been exhausted or
expires.

C. Other Leaves of Absence

1. An employee may request a leave of absence without pay for up to one (1) year as
a component of parental leave. Acceptable reasons for unpaid leaves may include
qualifying family and medical leaves that extend beyond the twelve (12) week
entitlement or other family reasons that do not fall within the circumstances
outlined in the FMLA policy.

2. Requests are subject to Board and/or Director approval, depending on the length
of requested leave. (See Section 5.10 (B) LEAVES OF ABSENCE) An employee
must exhaust all applicable paid leave before requesting an unpaid leave.
85

CHAPTER 6

PERFORMANCE EVALUATION

SECTION 6.1 PURPOSE

The primary purposes of a performance evaluation are to:

A. Uniformly and objectively evaluate an employee's performance;

B. Provide an opportunity for the employee to recognize and correct specific


performance problems and to clarify expectations;

C. Provide a means of positive communication between the employee and his/her


supervisor;

D. Provide data on which to base promotional selection decisions;

E. Provide a basis on which to make employment decisions;

F. Reveal conditions that contribute to poor morale or low productivity;

G. Enable the supervisor to detect gaps and limitations in his/her own supervisory
performance; and

H. Provide a means of establishing mutually agreed upon goals and objectives for the
coming period.

June 2008, June 2001


86

Section 6.2

SECTION 6.2 TYPES OF EVALUATION

A. INITIAL EVALUATION PERIOD

New employees and employees who have been promoted or transferred will be
evaluated twice during the initial three (3) month evaluation period. The first written
evaluation will be prepared and submitted at the end of the first month. The second
written evaluation will be prepared and submitted approximately one (1) week before
the end of the initial evaluation period.

New supervisors and employees who have been promoted to supervisor positions will
be evaluated three times during the initial six (6) month evaluation period. The first
written evaluation will be prepared and submitted at the end of the first month. The
second written evaluation will be prepared and submitted at the end of three months.
The third written evaluation will be prepared and submitted approximately one (1)
week before the end of the initial evaluation period.

B. ANNUAL EVALUATION

1. Each regular employee is evaluated annually before his/her anniversary date or


December 1, as determined by the Director. Evaluations cover the preceding year
or, in the case of a new employee, the completion of the remainder of the year
following the initial evaluation period.

2. Evaluations will be based upon performance as measured against the employee's


position description, task list and goals.

C. SPECIAL EVALUATION

Additional evaluations may be performed at the discretion of an employee's


supervisor.

D. SUPERVISORS’ EVALUATION

1. A supervisor’s performance will be evaluated at the time of their annual


evaluation. Performance information may be solicited from staff regarding their
supervisor’s knowledge of the job, quality of work, communication skills,
adaptability and staff relations.

June 2008, June 2007, June 2001


87

SECTION 6.3 EVALUATION PROCEDURE

A. Supervisors have the primary responsibility for scheduling and completing


performance appraisals. Evaluation forms are available on InformNet under the
Human Resources tab.

B. Each employee will be evaluated against the established position description for
his/her assignment.

C. Supervisors will discuss all evaluations with their immediate supervisor prior to
meeting with individual employees.

D. The supervisor will meet with the employee to review concerns, expectations, duties
and responsibilities. The employee will be given the opportunity to read the
appraisal, ask questions and comment in writing on the appraisal document. The
employee must sign the document indicating he/she has been given this opportunity.
Refusal to sign may result in disciplinary action up to and including termination.

E. The completed performance appraisal, including any employee comments, will be


forwarded to the Director for review and then placed in the employee's personnel file.

F. An employee may prepare a written response to their evaluation and submit it to their
supervisor and to their personnel file. The employee’s response will be reviewed by
the Director. The supervisor and/or Director may or may not respond in writing to the
employee’s comments.

June 2010, June 2007, June 2006, June 2002, June 2001
88

Section 7.1

CHAPTER 7

STAFF DEVELOPMENT

SECTION 7.1 NEW EMPLOYEE ORIENTATION

A. The library is committed to providing a comprehensive orientation program for new


employees.

B. This orientation will serve as an introduction to the library system and the
department/branch.

C. New employee orientation has three parts: Human Resources, department/branch,


and library system.

D. The purpose of new employee orientation is to:

1. help new employees feel welcome and comfortable;

2. provide consistent documentation and interpretation of system philosophies,


policies and procedures;

3. acquaint new employees with other staff and departments;

4. stress the new employee’s role and potential for contributing to the overall
mission of the department/branch and library;

5. emphasize the importance of continuing staff development and the library’s


commitment to training.

June 2002, June 2001


89

Section 7.2

SECTION 7.2 MEETINGS AND CONFERENCES

A. The library encourages the professional growth of all employees through continuing
education, training and participation in professional organizations.

B. Paid leave may be granted to an employee for job-related educational conferences,


professional organization meetings and training seminars.

C. The library may pay the cost of registration and other expenses for all meetings,
training and conferences, when the employee's attendance is approved. If a member
rate is offered only the member rate will be covered. The employee may be asked to
pay the difference.

D. An employee may request unpaid leave to attend educational meetings that are not
required by the library. Leave may be granted at the discretion of the Director upon
approval by the supervisor.

E. Any employee may request or be required to attend training to meet his/her library
employment needs. When required, the library will pay all costs.

F. Some workshops and conferences may qualify for Ohio Public Library Certification
credits. (See Section 2.4 PROFESSIONAL CERTIFICATION)

G. Upon return from a conference or meeting, the employee will be required to:

1.) Complete a Form E-161, ―Workshop Information Sharing Form‖. The report
will be forwarded electronically to the supervisor and to the Training and Staff
Development Coordinator for their review. The report is retained in the staff
member’s training record located in the Staff Database.

2.) Close their E-35 ―Request for Time and Expenses‖ with the Business Office.

H. National Conference attendance requires completion of an ―Application to Attend a


National Conference‖ which can be found on Staff Space. Applications will be
reviewed and approved first by the employee’s supervisor and then submitted for
final approval to the Training and Staff Development Coordinator. The Training and
Staff Development Coordinator and the Director will base approvals on the
conference budget for the year.

June 2010, June 2007, June 2005, June 2004, June 2003, June 2002, June 2001, June 2000
90

Section 7.3

SECTION 7.3 EDUCATIONAL OPPORTUNITIES

A. The Friends of the Library sponsors a scholarship program for library employees and
residents of Cleveland Heights and University Heights who are pursuing a Master's
Degree in Library Science. Applications are available from the Friends.

B. The library’s Tuition Reimbursement program is designed to offer encouragement to


those personnel who wish to obtain additional training for the purpose of improving
performance in their current position, in preparation for position advancement, or
courses required as part of a specific degree program. In addition to traditional course
work, this program will support non-traditional learning such as assessment tests and
distance learning (which include correspondence courses, internet instruction, and
cable and public television) in accordance with established guidelines. A committee
consisting of the Training and Staff Development Coordinator, a member of Staff
Association appointed annually by Executive Council, and a member of the
Administrative Support Team appointed annually by the Director, will review all
applications and submit their recommendations to the Director. Applications are
available from the Training and Staff Development Office and through internal
electronic employee resources.

1. Financial support for this program comes from the Anne M. Bauer Staff
Development Fund. Each year, as a part of the budget process, the Library will
allocate a specific dollar amount to Tuition Reimbursement. Tuition payments,
per employee, will not exceed $1,000 per calendar year at the following rate up
to: $1,000 for full time, $750 for 30-hour, and $500 for part time staff/pages.
Substitute staff are not eligible. Reimbursement will depend on the availability of
funds and the number of applicants for assistance. Funds not disbursed in the first
half of the year will be carried over to the second half of the year. Funds may not
be carried over from year to year.

2. Classes must be taken from an accredited institution or organization on the


employee’s own time. A grade of C or better or Pass/Certification must be
obtained. Eligible classes must meet any of the following criteria:

a. To improve job performance in the current position


b. To prepare for position advancement
c. Required as a part of a specific degree program

3. Tuition reimbursement funds may only be used for tuition expenses not covered by
other grants or scholarships. Tuition fees, tuition surcharges and lab fees are
eligible expenses. Books, late fees, supplies, and other expenses are not eligible
for reimbursement.
91

4. To be eligible for tuition reimbursement, staff must be a regular or part time


employee of the library for one consecutive year by the date of disbursement. An
employee must work for six consecutive months after receiving tuition
reimbursement funds. If an employee voluntarily leaves the Library or is
terminated for cause, or fails to fulfill the requirements of his/her position within
six months of the receipt of the last tuition reimbursement, the employee must
repay the full amount reimbursed by the Library. Tuition reimbursement in no
way obligates the Library to any changes in the terms and conditions of
employment of the employee either during or upon the completion of academic
work.

June 2010, June 2007


92

Section 7.4

SECTION 7.4 STAFF DEVELOPMENT DAY

A. The library will be closed one (1) day each calendar year, for the purpose of staff
development. All full time and part time employees are expected to attend. Pages
and substitutes are encouraged to attend.

B. Any absence from Staff Development Day must be approved by the department
supervisor or branch manager.

C. Each employee who attends the full day will be paid for eight (8) hours. Others
attending for shorter periods of time, scheduled in advance with supervisors, will be
paid for the number of hours actually attended. This is part of the regular workweek
and is not considered overtime.

June 2010, June 2008, June 2000


93

Section 7.5

SECTION 7.5 COMMUNITY AND PROFESSIONAL ACTIVITIES

An employee may be allowed to participate in community and professional activities


during work time. Approval is at the discretion of the Director upon recommendation of
the supervisor, which shall be based upon the time requirement and value to the library.
94

Section 7.6

SECTION 7.6 APPROVAL OF ATTENDANCE AT MEETINGS AND


CONFERENCES

A. DETERMINATION PROCEDURE

In reviewing requests for class work, training, or attendance at meetings, the


following items will be considered:

1. Nature and purpose of the activity;

2. Benefits to be derived by the employee and the library;

3. Level of responsibility, performance and length of service of the employee;

4. Estimated cost and available funds;

5. Potential time away from work; and

6. Ability to adequately staff services during the employee’s absence.

B. SELECTION OF PARTICIPANTS

Whenever there are a limited number of openings for an activity, or if attendance will
be during an employee’s regularly scheduled workday, the Director will determine
which employees may participate.
95

Section 7.7 PROFESSIONAL MEMBERSHIPS

A. The library will reimburse staff for their membership in professional or other
appropriate organizations.

1. Organizational membership must be work-related. It can be to the Ohio Library


Council, the American Library Association, a local public relations organization,
a facilities management association, an accounting organization, or other
organization that will assist the employee in doing his/her work for the library.

2. The library will reimburse full time staff and 30-hour staff up to $150.00 per year
of their membership dues; $75.00 per year for part time staff.

3. The Director will determine what organizations qualify for this membership
reimbursement.

4. Receipt of payment attached to E-10, Request for Reimbursement, will be


submitted to the Director for approval.

June 2008, June 2003


96

CHAPTER 8

EMPLOYEE CONDUCT

SECTION 8.1 CODE OF ETHICS

A. An employee must always conscientiously perform all assigned duties.

B. An employee must be tactful, patient and courteous when conducting library


business.

C. An employee may not grant special consideration to any citizen or group of citizens.

D. An employee may not engage in any outside employment or have a financial interest
that will conflict with his/her duties or be detrimental to the library. (See Appendix A
STATE OF OHIO ETHICS LAW)

E. An employee may not request or permit the use of library vehicles, equipment,
materials or property for personal convenience or profit.

F. An employee may not accept or ask for any gift (except those of little or nominal
value) or consideration that is granted as a result of his/her employment with the
library.

G. An employee may not use the library's name or tax exempt status for his/her personal
advantage on any purchases.

H. A library employee shall not engage in any activity that could be construed as
violating the public trust.

I. An employee may not discuss or reveal confidential library information to anyone,


under any circumstances, except within the scope of his/her duties.

J. All employees will receive a copy of the ―Ohio Ethics Law.‖ (See Appendix A STATE
OF OHIO ETHICS LAW)

K. Failure to comply with the Library Code of Ethics or Ohio Ethics Law will result in
disciplinary action up to and including termination.
97

SECTION 8.2 ATTENDANCE

A. ABSENCE REPORTING

1. When an employee is unable to report to work, he/she must notify his/her


immediate supervisor, in-charge person or another designated person according
to the procedures established by his/her department or branch, on the first day of
absence and each day thereafter, unless emergency conditions make it impossible
or prior arrangements have been made with the supervisor.

B. FREQUENCY OF ABSENCES

Attendance and punctuality are very important parts of employee job performance.
Absenteeism places a burden on other employees who have to perform absent
employee’s duties. Absenteeism can cause scheduling problems for the department
and can adversely affect our ability to serve our customers.

1. Regular attendance is expected of all employees.

2. When an employee’s pattern of absences, scheduled or unscheduled, creates a


problem in the operation of the department or in meeting his/her job
requirements, the employee will be counseled about the adverse effect of his/her
absences. Excessive use is defined by the Library as more than 4% of an
employee’s hours worked.

3. If the situation is not resolved, appropriate disciplinary action including and up


to termination will result. Sick leave is a benefit and not an entitlement.
Employees may be required to present medical documentation to support
requests for scheduled or unscheduled sick leave.

C. TARDINESS/EARLY DEPARTURE

1. Employees are expected to arrive at work promptly and remain at work until the
end of the scheduled workday.

2. Tardiness/early departure is defined as late arrival at the employee's work


location, early departure or overstaying scheduled meal periods by five (5)
minutes or more. An employee who will be late reporting to work must call the
supervisor before he/she is scheduled to begin work.

3. Any deviation from an employee's work schedule must be authorized by his/her


supervisor in advance and noted on the department schedule.
98

4. Time lost due to tardiness/early departure may be made up only with the
permission of the supervisor and must be completed within the same workweek
and noted on the weekly time card.

5. When an employee’s pattern of tardiness and/or early departure creates a


problem in the operation of the department or in meeting his/her job
requirements, the employee will be counseled about the adverse effects. If the
situation is not resolved, appropriate disciplinary action including and up to
termination will result.

D. WEATHER RELATED AND EMERGENCY CLOSING

1. When an emergency is declared by the Director, employees will be compensated


for the time they were scheduled to work during the emergency period.

2. If an emergency is declared before the library opens, employees scheduled will


be notified by their supervisor, or another supervisor, directly, not to report to
work. Public announcements over television or radio are not sufficient.

3. An employee may be required to come to work even though the library is closed
due to a weather-related or other emergency. The employee is entitled to one and
one-half (1½) times his/her regular rate of pay for all hours actually worked.
There will be no additional compensation or time-off as a result of the
emergency.

4. If, after it has opened, the library is closed due to an emergency, all employees
presently at work will be paid their regular pay, whether sent home or asked to
remain in anticipation of reopening. Should the library reopen following an
emergency closing, staff scheduled to work may be required to return.

5. An employee not scheduled to work because of scheduled ETO or continuing


sick leave will be charged for the leave regardless of the declared emergency.

6. An employee who is absent, tardy or leaves work early on a day when weather
conditions interfere with travel, but the library is open, will not be paid for the
missed time. The employee may, with approval of the supervisor, account for the
time by charging it to ETO, compensatory time or, if necessary, to leave without
pay. Inclement weather is not a valid use of sick leave.

June 2008, June 2007, June 2002, June 2001


99

SECTION 8.3 OUTSIDE EMPLOYMENT

A. Outside employment is allowed when the following provisions are met:

1. The interests of the second employer do not conflict with those of the library;

2. The second position does not have a negative impact on the employee's job
performance; and

3. Employment with the library is the employee's primary position and time
conflicts are resolved in favor of the library.

B. When an employee's supervisor has reason to believe the demands of a second job
are having a negative impact upon the employee's performance or availability, the
employee will be counseled. If the situation is not resolved, appropriate disciplinary
action may result.
100

SECTION 8.4 DEPARTMENT EQUIPMENT

A. Each employee is responsible for all keys and other assigned equipment and must
return them upon termination of employment. An employee may be required to pay
for lost equipment.

B. Lost keys must be reported immediately to the Fiscal Officer.

C. Equipment or supplies removed from library offices or premises must be approved by


the supervisor, noting when it is removed, when it will be returned, and the
individual responsible for its return.

D. COMPUTER SOFTWARE AND DATA

1. It is the responsibility of each employee to ensure that software and hardware


computer resources owned, leased by or licensed to the library are properly
secured and controlled.

2. No employee may misuse his/her authority over any such computer resources.

3. No employee may reproduce or make personal use of proprietary software


purchased by and licensed to the library.

4. No employee may use the library's computer resources for private purposes on
library time.

5. No library software, data or information may be removed from the library


premises in the form of tape, diskette, print or other media, unless the removal is
related to library business.

6. All computer software, data and information relating to the conduct and
operation of the library are considered proprietary information belonging to the
library and cannot be appropriated, altered, sublicensed, copied or used for other
than library business.

7. Personal passwords are regarded as confidential and may not be given to others.
Any suspected loss or misuse of passwords is to be reported immediately to the
Network Administrator or to the Director.

June 2003
101

SECTION 8.5 E-MAIL/INTERNET POLICY


A. E-MAIL

1. E-mail should not be used for personal tasks while on library time.

2. E-mail should not be used to sign up for accounts with non-library –related
services such as online retailers, online auction houses, mailing lists, etc. Personal
email accounts should be used for such purposes.

3. Staff who use E-mail services are expected to do so responsibly, that is, to comply
with state and federal laws and with normal standards of professional and
personal courtesy and conduct. Flaming (an electronic verbal attack), spamming
(repeated posting of the same message to a news group, flooding someone’s
mailbox, or sending the same message to hundreds of people), transmitting ―junk
mail‖ such as advertisements and chain letters, or other disruptive techniques are
prohibited.

a. The library E-mail system should not be used for individual record retention
or the storage of documents. Users are expected to delete unnecessary E-mail
messages and attachments on a regular basis. Not doing so puts a significant
strain on the system.

b. Care should be taken when sending messages or conveying a user’s E-mail


address. Typographical errors may result in mail being sent to unintended
recipients or in non-delivery.

c. Users should not open E-mail from people they do not know. Unsolicited E-
mail may contain viruses or other destructive entities.

d. Users are prohibited from transmitting confidential information via library or


personal E-mail accounts, including usernames and passwords used on the
library’s network, or for electronic services hosted off-site and purchased by
the library.

e. When a staff member terminates his/her employment, it is essential that they


unsubscribe from any newsgroup, mailing list or bulletin board services
delivered to their library email account. When an account is terminated, such
E-mails ―bounce‖ back to the sending organization and must be manually
removed by that organization’s administrators.

f. Library email services may not be used for commercial purposes or for
purposes that could reasonably be expected to cause, directly or indirectly,
102

Section 8.5

excessive strain on any computing facilities, or unwarranted or unsolicited


interference with others’ use of E-mail.

4. The Cleveland Heights-University Heights Public Library will only permit the
inspection, monitoring, or disclosure of E-mail without the consent of the holder
of such E-mail when:
It is required by and consistent with law;
There is a substantial reason to believe that a violation of law or library
policy has taken place;
In exceptional cases, to meet time-dependent, critical operational needs.

In accordance with the library’s Record Retention Policy all email is archived.
Therefore no user should have an expectation of privacy when using E-mail.
Users should not put anything in an E-mail message they would not post on a
bulletin board. For purposes of operating performance and security, the staff of
the Information Technology Department have the ability to read anyone’s E-mail
at any time. Additionally, as employees of a public institution, an employee’s E-
mail may be considered public records.

B. INTERNET ACCESSABLE WORKSTATIONS

1. Staff may use workstations to browse the Internet while on library time only
for purposes that are library related.

2. No employee may introduce viruses or worms into, or maliciously tamper


with, any computer system owned or leased by the library or connected to the
Internet or into any networked system or entity outside of the library.

3. Employees are prohibited from installing any software of any kind, regardless
of source, on any library workstation without the prior permission of the
Network Administrator.

4. No employee may have any type of hacker tool installed on his or her
workstation. Staff of the Information Technology Department may have such
tools for security auditing purposes only.

C. PASSWORDS

It is critical that staff realize that their passwords represent an important measure
of security control. Passwords that are not complex and are easy for specialized
software to detect, opens up our system to hackers who wish to (a) do significant
damage to our software and data or (b) are interested in passing through our
103

Section 8.5

system to do significant damage to systems located elsewhere. It is essential that


staff does everything possible to prevent this from happening.

1. Employees may not give out any library passwords to anyone except
Information Technology Department staff.

2. Passwords must meet the following criteria for complexity:

a. Passwords must be between 8 and 14 characters in length.

b. Passwords must include at least one each of the following character


types: letters, numbers and non-alphanumeric characters.

c. Passwords may not contain any proper names or any word that can be
found in a dictionary. Hackers often use password-cracking software
that utilize dictionaries from many different languages.

3. Employee passwords change every 30 days. When an employee changes


his/her password, it must be significantly different from the one they used in
the month previous.

4. Employees are prohibited from using any password more than once during
any six-month period.

5. Under no circumstances, are employees permitted to use the system default


password for any account except at the request of the Information Technology
Department.

6. Users may never write down or otherwise record a library password and store
it in the library.

7. Employees must use the Password Checker program, located on InformNet, to


check any potential password before actual use on library systems.

8. The Network Administrator will audit employee passwords periodically. The


employees whose passwords fail an audit within a 48-hour period will be
notified, as will their supervisors. Repeated failures will result in disciplinary
action.

June 2005, June 2003, June 2002, June 2000


104

Section 8.6

SECTION 8.6 CONFIDENTIALITY

Information about our customers is confidential according to Ohio Revised Code Section
149.432 and may not be disclosed. However, the library will release to parents/legal
guardians information about what materials are charged out to a child’s card or those
materials that are lost or damaged or for which fines are owed. All other requests about
customers should be referred to the Director.

June 2008, June 2005, June 2001, June 2000


105

SECTION 8.7 EMPLOYEE IDENTIFICATION

All employees are required to wear staff identification badges while on duty in the
library. Lost badges will be replaced at the employee's expense.
106

Section 8.8

SECTION 8.8 STAFF MEETINGS

Regular meetings are held for the entire staff, as well as group meetings for departments,
branches or other special areas. Employees are expected to attend and participate in
meetings that are required as a part of their job. Examples of established meetings
include:

A. The all-system meeting on the day following the December Board of Trustees'
meeting, where salaries for the next year and other matters of interest to the
employees are explained;

B. Staff Development Day; and

C. Standing committees such as Administrative Support Team and Public Service Team.

D. Branches and Departments should have a minimum of four (4) staff meetings per
year.

In addition to the established meetings, employees will be afforded regular opportunities


to discuss issues with the Director and/or Deputy Director.

June 2004
107

SECTION 8.9 STAFF ROOMS

A staff room with a kitchen area is provided in each building for employees to use during
meal and rest breaks. Each employee is expected to help maintain cleanliness and order
in the staff rooms. Staff rooms are not open to the public.
108

Section 8.10

SECTION 8.10 DRUG FREE WORKPLACE

Reasons for Drug Free Workplace


Cleveland Heights-University Heights Public Library (referred to as the ―library‖
hereafter) believes it is essential to provide a safe substance-free workplace for all
employees. Substance use can endanger all of our employees, not just the substance
users. In addition to employee(s) health and safety, substance-free workplaces have
higher productivity, fewer accidents and less damage to equipment and property. This is
why the library has established this Drug-Free Workplace Policy (DFWP).

Program applies to:


All employees, which includes all levels of management and employees that are
conducting business inside and outside the facility on behalf of the library, are
accountable under this policy.

DFWP Policy & Consent Forms


The library will provide all employees with a copy of this policy. All employees will be
required to sign-off on their receipt of this policy (―Acknowledgement of Receipt‖ – See
example at end of policy). Compliance with this policy is a condition of employment and
continued employment. This policy does not alter the employee’s ―at-will‖ employment
status with the library.

Employees required to submit to any drug and alcohol testing outlined in this policy must
consent to testing, sign the appropriate forms, make no attempt to switch, adulterate,
tamper or alter any sample or specimen, and comply with all specimen collection and
chain-of-custody procedures. Refusing or failing to cooperate in signing the consent and
release form by any employee when testing is warranted under this policy, may result in
the employee being disciplined, up to and including termination of employment (referred
to as ―discipline‖ hereafter).

Drug-Free Workplace Coordinator (DFWC) Responsibilities


1. Is the Human Resources Coordinator (or his/her designee).
2. Responsible for arranging drug and alcohol testing, as needed.
3. When asked, will provide a list of facilities that provide individual and/or family
intervention.
4. Answers any questions regarding this policy.

Illegal Drugs
Illegal drugs are drugs which are not legally obtainable. Employees must not use illegal
drugs, misuse alcohol, sell, purchase, transfer, traffic or possess any illegal drugs or be at
work under the influence of any drug or alcohol. If illegal drugs or paraphernalia are
109

found on library property, they may be turned over to the appropriate law enforcement
authorities.

Prescription & Over-the-Counter Drugs


The library does not prohibit employees from using prescription or over-the-counter
drugs when used as prescribed. Prescription drugs must be prescribed by a licensed
medical practitioner for medical reasons for that employee and must be current.
Employees are not to perform any function or duty on behalf of the library if the drug(s)
adversely affects or impairs his/her ability to perform their job; or threaten safety,
productivity or library property. If a lawfully prescribed drug may affect an employee’s
performance, the employee must notify his or her supervisor and/or the DFWC prior to
reporting to work. The library may require the employee to obtain a medical release
statement from a licensed medical practitioner before returning to active employment.

Employee Voluntarily Comes Forward With a Current Substance


Abuse Problem
The library encourages employees that currently have a substance abuse problem to
voluntarily come forward. These Employees will be tested and a list of local substance
abuse treatment and/or assessment facilities will be given to the Employee.
Unfortunately, denial is a key characteristic of substance abuse and is why few come
forward. When an Employee fails to disclose such information before testing positive for
drug or alcohol use in violation of this Policy that Employee will be subject to discipline.
See ―First Positive Test Results‖ section for ―Last Chance Agreement,‖ treatment and
return to work specifics. Employees whose jobs are subject to any specific legal
requirements concerning illegal drugs or alcohol may face additional legal consequences
as well.

Employee Assistance
The library does not pay for any costs incurred by the employee during the rehabilitation
process. The library will supply a list of possible sources for counseling or treatment.
Use of the list is not mandatory. Any qualified, licensed treatment center, physician or
Substance Abuse Professional will be acceptable. An Employee may obtain this list
through the DFWC. An Employee’s health insurance may provide benefits for
rehabilitation. Absences related to the rehabilitation process will be considered as Family
Medical Leave time. (See Section 5.10 LEAVES OF ABSENCE)

Substance Abuse Training & Awareness


The Human Resources Coordinator (or his/her designee) will oversee and arrange
training sessions to educate Employees about substance abuse.

Employee Education
All employees will receive awareness training every year to help identify problems and
learn where they can go for assistance. Every employee will attend a two hour training
session in which this Policy is introduced. Employees will have the opportunity to ask
110

questions at the training session or at anytime to the DFWC. At the training sessions, a
qualified person will explain why and how substance use is a workplace problem, the
effects, and signs/symptoms of use, the effects of commonly used drugs in the workplace
and how to get help. There will be a minimum of two hours of substance use training
annually for all employees. New Employees will be informed about this policy during
orientation and throughout the new hire period.

Supervisor Training
All supervisors will be trained in their duties relating to this policy prior to its
implementation. Supervisors will receive specific training on testing procedures, how to
recognize behaviors that demonstrate a drug/alcohol problem, how to document
behaviors, how to confront employees with the problem, how to initiate reasonable
suspicion, how to make referrals for assistance and how to follow up with employees
returning to work after counseling and treatment. This training is in addition to the
training given to all employees. The initial training is four hours in length. Thereafter,
on an annual basis, supervisors are required to attend a two hour review training course.

When will testing Occur?


Post-Offer, Pre-Employment Drug Testing
As part of the library’s employment procedures, applicants are required to undergo a
post-offer, pre-employment drug test. Applicants must sign a consent and release of
information form(s) to authorize the testing facility to perform the test and to submit the
test results back to the library. An offer of employment may be withdrawn if a positive
test occurs. All employees that were hired prior to the implementation of this policy are
exempt from drug testing under this policy. Employees returning to work from a
scheduled lay-off are also exempt from drug testing under this policy.

Reasonable Suspicion Testing


Reasonable suspicion testing will occur when the library has reason to suspect that an
employee may be in violation of this policy. The suspicion will be documented in writing
by at least two (2) supervisors prior to the library requiring testing.

A reasonable suspicion test may occur based on any one or combination of the following:
1. Observed behavior, such as a direct observation of drug and/or alcohol use or
possession and/or physical symptoms of drug and/or alcohol use, including
slurred speech, detection of alcoholic substance on employee’s breath,
employee’s appearance;
2. A pattern of abnormal conduct or erratic behavior that appears to be related to
substance abuse and does not appear to be attributable to other factors;
3. Conviction for a drug-related offense, or identification of an employee as the
focus of a criminal investigation into illegal drug possession, use or trafficking in
combination with employee misconduct. (The employee must notify the library
within five (5) working days of any drug or alcohol related conviction, including
driving while under the influence of drugs or alcohol);
4. Evidence that the employee tampered with a previous drug or alcohol test.
111

Reasonable suspicion testing does not require certainty, but mere ―hunches‖ are not
sufficient to justify testing. To prevent this, supervisors will be trained to recognize drug
and alcohol-related signs and symptoms that are sufficient to cause reasonable suspicion
testing.

If the library has reasonable suspicion of drug or alcohol use, it will arrange
transportation for the employee to the library selected clinic for testing. The library also
has the option of testing on-site.

An employee may be required to submit to a second drug/alcohol test if the library has
reason to believe that the initial test results are unreliable for any reason.Non-supervising
co-workers can report possible violations of this policy to a supervisor and/or the DFWC.
The supervisor then will investigate to see if there is reasonable suspicion. If the person
in possible violation of this policy is a supervisor, an employee can report this to the
DFWC.

Post-Accident Testing
Post-accident testing will be conducted whenever an accident occurs. However, minor
injuries (i.e., scrapes, bruises, minor burns, etc.) will not necessarily require a drug test.
An accident is an unplanned, unexpected or unintended event that occurs on the library’s
property or a work site during
the course of daily business, during working hours, or involving a motor vehicle used in
conducting Library business, within the scope of employment, resulting in any of the
following:

1. A fatality of anyone involved in the accident;


2. Bodily injury to the Employee and/or another person that requires off-site medical
attention;
3. Any vehicular damage in apparent excess of $500.00;
4. Non-vehicular damage in apparent excess of $500.00

Employee(s) who may have contributed to the work related accident and employee(s) that
have been injured will be tested for drugs and alcohol. The library reserves the right to
determine who may have caused or contributed to this accident. The library will arrange
transportation for the employee to the library selected clinic for testing. The library also
has the option of testing onsite.

If the employee responsible for an accident is injured and receives treatment by medical
personnel, and is unable to report to the testing facility within eight (8) hours, it is a
condition of employment that the Employee grants the library the right to request that
attending medical personnel obtain appropriate specimens for the purpose of conducting
drug and alcohol testing

A resultant positive drug test and/or alcohol test may result in a disqualification for
112

compensation and benefits under the Workers’ Compensation Act (for details see
―Rebuttable Presumption‖ posting).

Time Frame to Report to The Testing Facility


Type of Test Time Frame
Post-Offer, Pre- Within 32 hours.
Employment
Reasonable Suspicion As soon as possible within a maximum of 4 hours.
Post-Accident 8 Hours
Note: Any unreasonable delay or refusal to provide the requested specimen(s) may result in the
employee being disciplined.

Time Frame to Report to Work After Being Tested & Compensation


Type of Time Frame
Test
Post-Offer, Any offer of employment is contingent upon satisfactory
Pre- completion of this test. If a test result is positive, the library will
Employment withdraw its job offer.
The tested employee will not be permitted to return to work unless
the library receives a negative test result. If the test is negative,
the employee will be compensated for any lost time from the
Reasonable
employee’s normal work schedule. If test results are positive,
Suspicion
compensation shall cease from the time the specimen was
collected, unless otherwise required by the Americans With
Disabilities Act of the Family Medical Leave Act. .
When the employee does not require additional medical attention
and a negative rapid drug screen is received, he or she may return
to their normal work duties. Employees that receive a positive
Post-
rapid drug screen will not be permitted back to work unless the
Accident
confirmatory testing comes back negative. If test results are
positive, compensation shall cease from the time the specimen was
collected.

Positive Test Results


Employees who receive a confirmed positive drug or alcohol test will be subject to
Discipline, which may include required rehabilitation or treatment, suspension and/or
termination.

Cause for Immediate Termination


In efforts to enforce this Policy, selling illegal drugs, attempts to adulterate a specimen,
becoming insubordinate, violence, threats and fighting will normally result in termination
of employment.

Last Chance Agreement


In order to maintain your employment status after you have tested positive, you must sign
a ―Last Chance Agreement‖ (LCA). APPENDIX B. The LCA states the library agrees to
rescind the employee’s termination if necessary treatment is obtained and followed,
subject to follow-up testing over a period of time after treatment is completed. If the
employee does not sign the LCA he/she will be terminated.
113

Treatment Facilities
On the first occasion that an employee has a positive drug or alcohol test result, he/she
will generally be given a list of Substance Abuse Professionals and/or treatment facilities
for a substance abuse assessment. The library does not pay for testing, assessment
and/or treatment while the employee is receiving treatment. The employee is responsible
for arranging transportation when they are in treatment. Employees must understand that
successful completion of a program (if needed) will be required once the library becomes
aware of the problem in order to maintain employment.

Employees who agree to participate in an approved rehabilitation program shall sign the
appropriate forms in order for the health care providers, counselors or substance abuse
professionals to provide certification of the successful completion of the prescribed
treatment program. Failure to provide such documentation and/or failure to adhere to the
prescribed treatment shall result in Discipline.

Return-to-Duty After Assessment or Treatment


The employee must test negative on a drug and alcohol test before he/she may return to
work. Once an Employee returns to work, unannounced follow-up tests may occur
anytime over a period of 24 months and as outlined in the Last Chance Agreement.

A Second Positive Drug and/or Alcohol Test


Employees that test positive on a drug and alcohol test after the first positive, within 24
months, will be subject to termination of employment.

Testing Overview
―Systems presence testing‖ is how testing professionals identify the presence of
prohibited controlled substance(s) or alcohol that may be present in an employee’s
system. This policy requires two tests before a positive result is made. There is an initial
screening test. If it is negative, then a negative test is declared. If the initial test is positive
(comes in at or higher than the cut-off screening level), a second test called a
―confirmatory‖ test is done. This is a different test from the initial screening test and
performed on the same specimen sample. Cut-off levels for each drug and for alcohol
come from federal guidelines which were established after years of research. These levels
were designated to prevent impairment that could affect workplace safety and an
employee’s ability to work. The tests used will only screen for drugs and alcohol, not
any diseases or conditions. Employees with test results that come back as ―diluted‖ must
be retested within 24 hours. A laboratory certified by the federal government will
analyze test specimens. The laboratories that the library uses take care to ensure that
results are accurate. The laboratories work closely with the local clinic to ensure fairness
and accuracy through the entire testing process.

Specimen Collection Procedure


All specimen collection is done by trained personnel who meet required standards.
Confidentiality is required from the collection sites and labs. Specimens will be taken
with respect for employee’s privacy, but subject to strict scrutiny by collection personnel
114

so as to avoid the chance of any alteration or substitution of the specimen. Voiding will
be observed only if there are reasonable grounds for suspecting manipulation of the
testing process. Failure to appear for testing when scheduled is considered a refusal to
participate in testing, and will subject an employee to discipline. A job applicant who
fails to appear for testing within thirty-two (32) hours after being contacted will have his
or her job offer withdrawn. The library uses only Department of Health and Human
Services (DHHS) certified testing facilities and professionals. As a result, the library is
not responsible for any errors or omissions made by the testing facility. Specimen
collection will be conducted at a local clinic or on-site at the library’s discretion.
Employees requiring testing must show photo ID.

Types of Tests
Rapid Urinalysis Drug Screening
Rapid Urinalysis Drug Screening (Enzyme Multiplied Immunoassay Technique (EMIT) is
used to determine if there is the possibility of drugs in employees urine. All positive rapid
tests will be followed up by Non-Rapid Urinalysis Testing (Gas Chromatography /Mass
Spectrometry (GC/MS) to confirm the results of the screening.

Unable to provide a urine sample


If an employee is unable to deliver the required sample in two hours, Whole Blood
testing will be administered.

Non-Rapid Urinalysis Drug Testing


The EMIT screening is first administered and when a confirmatory test is needed, the
GC/MS test will be administered. (See above when employees are unable to provide a
urine sample.) The clinic and lab will ensure that there is a continuous chain of custody
of any sample taken from an employee. In the event a test result cannot be ascertained as
a result of dilution, the Library may require an Employee to return to the testing facility
to provide a second specimen. For purposes of this Policy, the library will be testing for
these 5 drugs; Amphetamines, Cannabinoids, Cocaine, Opiates, and Phencyclidine.

Evidentiary Breath Test (EBT)


An EBT is used to check the percentage of alcohol present in an individual’s breath. If
an employee fails to/ is unable (Asthma/Emphysema) to supply the required breath
amount for this test, whole blood testing will be performed.

Whole Blood Testing (WBT)


WBT is used to check for the levels of drugs and alcohol by drawing and then analyzing
an employee’s blood.
115

Drug & Alcohol Cut Off Levels


Drugs EMIT Screen (ng/ml) GC/MS Test (ng/ml)
1 Amphetamines (Methamphetamine/Ecstasy) 1,000 500
2 Cannabinoids (Marijuana/Hashish/THC) 50 15
3 Cocaine (Crack) 300 150
4 Opiates (Oxycontin/Vicodin/Morphine/Heroin) 2,000 2,000
5 Phencyclidine (PCP/Angel Dust) 25 25
Note: Specific drugs that are noted are examples of some of the drugs that make up this class of drugs.
Alcohol Testing Breath Alcohol Level Blood Alcohol Test
.04 percent .04 percent

Medical Review Officer & Review of Test Results


The testing site utilizes a Medical Review Officer (MRO), who is a trained physician
with an expertise in drugs and alcohol. All confirmed positive test results are reported to
the MRO prior to the results being issued to the library. The MRO will receive a detailed
report of the findings of the analysis from the testing laboratory. Each substance tested
for will be listed along with the results of the testing.

The MRO is responsible for determining whether there is a valid reason for the presence
of a substance in an employee’s system that showed up as a positive test result during the
testing process. Upon receipt of a confirmed positive finding, the MRO will attempt to
contact the employee. Generally the MRO will make three attempts in a 36 hour period
to contact the employee. If contact is made by the MRO, the employee will be informed
of the positive finding, given a copy of the report, and given an opportunity to rebut or
explain the findings. The MRO may request information about the employee’s medical
history or about any medications taken within the last thirty days by the employee. If the
MRO concurs with the explanation offered by the employee, the employee may be asked
to provide documentary evidence to support the employee’s position (for example, the
names of treating physicians, pharmacies at which prescriptions had been filled, etc.).
Any employee that requests a re-test will be responsible for the cost. The employee shall
respond to the MRO’s request within seventy-two (72) hours of testing. Otherwise, a
failure on the part of the employee to provide such evidence will result in the issuance of
a positive test result to the library with no attendant medical explanation. The MRO may
contact the lab to assure that the testing is accurate.

The library will receive a summary report, and this report will indicate whether the
employee received positive or negative test results. All of these procedures are intended
to be consistent with the most current guidelines for Medical Review Officers, published
by the U.S. Department of Health and Human Services.

Inspections
The library respects the privacy of individuals. However, when the library has reasonable
suspicion (as defined in this Policy) to believe an employee may be using, possessing,
selling, purchasing, receiving, trafficking, distributing or manufacturing drugs, drug
116

paraphernalia or alcohol while on the job, Library representatives may request an


employee to participate in and/or cooperate with an inspection for evidence of such a
violation of the library’s policy. Whenever possible, the employee should witness the
library’s inspection. The library representative should also have a witness.

Employees who fail to cooperate with the library’s request for an inspection are in
violation of this policy and will be subject to discipline. Law enforcement authorities may
be requested to conduct an inspection. An employee’s locker, closet, work area, desk,
files, library vehicle, or similar area is subject to inspection at any time on a random or
other non-discriminatory basis, without cause, for purposes of this policy or at any time
upon reasonable evidence to suspect a violation of this policy.

Confidentiality
Information concerning drug and/or alcohol testing, referrals, testing results, assessment
and/or treatment results and recommendations to employees are confidential, and access
to this information will be limited to those in the library who need the information to
make safety and personnel decisions. Employees who violate the confidentiality rights
of others will be subject to discipline.

Storage of Test Results & Right to Review Test Results


All testing records will be stored in a secure area that is separate from personnel files.
Access is limited to designated library officials. The information contained in these files
will be utilized only to properly administer this policy. Designated library officials that
have access to these records will be required to maintain the confidentiality of these
records. Any breach of confidentiality with regard to these records may result in
discipline.

Any employee tested under this policy will be able to review and/or receive a copy of his
or her own test results, and will be given, if desired, an opportunity to rebut the results
and respond to the discipline proposed by the library. A request or response must be in
writing and given to the Human Resource Department. Any disciplinary charges issued to
an employee based upon violation of this Policy shall include the basis upon which the
library determined that drug testing was warranted.

Termination Records & Unemployment Benefits


In those cases where substance testing results in the termination of employment, the
employee’s personnel file at the library will note ―a violation of library policy.‖ In
addition, a detailed explanation may also be placed in the file. If the employee files for
unemployment benefits, ―failed substance test‖ will be listed as the reason for termination
on the employer response questionnaire from the Ohio Department of Job and Family
Services (ODJFS), and will be considered termination for ―cause‖.
117

Reservation of Rights
The library reserves the right to interpret, change or rescind this policy in whole or in
part, with or without notice. Additionally, changes to applicable federal, state or local
laws or regulations may require the library to modify or supplement this Policy.

Example of
Acknowledgment of Receipt

The Cleveland Heights-University Heights Public Library

ACKNOWLEDGEMENT OF RECEIPT OF DRUG-FREE WORKPLACE POLICY

Signing this form acknowledges that you have received a copy of the Cleveland Heights-University
Heights Public Library’s Drug-Free Policy, have had the opportunity to discuss the Policy and have
questions answered, and understand all of the provisions in the Policy. Although the Policy
articulates the Library’s current policy regarding substance use, it may be necessary to make
changes from time to time to best serve the needs of our organization. However, any changes
deemed necessary will be made in writing, and the modified Policy will be shared with every
employee.

By my signature below, I acknowledge that I have received a copy of the Drug-Free Policy of the
Library. I understand that it is my obligation to read, understand and comply with the procedures
and provisions contained within this Policy.

I understand that it is a violation of the program if I refuse to take a drug or alcohol test when
required by the Library.

It is the Library’s policy to require employees to submit for drug and or alcohol testing in the
following circumstances: pre-employment, post-accident, and reasonable suspicion.

I also understand and agree that I must comply with the policy as a condition of my employment
and that any violation of the program and or failure to comply with any aspect of the program
may be a basis for corrective action, including termination of my employment. Nothing in this
agreement alters my employment status. The library hopes its employment relationship with me will
be a happy and enduring one. Nevertheless, I remain free to resign my employment at any time
for any or no reason without notice. Similarly, the library reserves the right to terminate me, for any
or no reason, without notice. No one can alter my at will status except the Director, in writing.

_________________________________ _____________________________
Date Signed Employee’s Signature

_____________________________
Printed Name of Employee
118

SECTION 8.11 ON THE JOB INJURY

A. An employee who is injured on the job must notify his/her supervisor or in-charge
immediately and complete the Employees Report of Injury Form available on
InformNet recording all pertinent and factual information about the accident. This
report must be completed on each work-related injury, whether or not the employee
requires medical attention. The report is to be completed by the employee within one
(1) workday of the accident.

B. In accordance with the library’s Drug Free Work Place Policy, (Section 8.10), post
accident drug testing is a condition of employment. Employees responsible for or
have contributed to an accident will be required to submit to drug testing within 8
hours of the accident.

C. The supervisor or in-charge and Human Resources Coordinator shall investigate all
accidents, mishaps, and exposures. The supervisor or in-charge shall complete the
Supervisor’s Report of Injury available on InformNet.

D. In the event of an injury that requires medical attention and/or time off, the injured
employee or the injured employees’ supervisor is to notify the Human Resources
Coordinator. The Bureau of Workers Compensation, First Report of Injury
Occupational Disease or Death form (FROI-1), shall be completed and submitted to
the BWC for claim processing, by the employee, Human Resources Coordinator or
medical provider. The First Report of Injury form can be obtained from the Human
Resources Coordinator or on-line at http://www.ohiobwc.com.

E. A workers' compensation claim for an unreported injury will not be certified unless
the injury required immediate medical attention and was documented by the
supervisor or in-charge person. (See Section 5.1 WORKERS' COMPENSATION
eligibility)

F. The employee is responsible for notifying the supervisor of his/her expected date of
return as soon as it is known and keeping the supervisor apprised of his/her
condition. The supervisor will notify the Human Resources Coordinator.

G. An employee who is injured on the job and must leave work before completing the
workday will be paid at his/her regular rate for the balance of time left in the
scheduled workday. An injured employee is required to comply with all treatment
plans prescribed by the attending physicians and return to work as soon as possible.
The employee must have a doctor’s release to return to work.

H. An injured employee may elect to use accrued sick leave and/or ETO prior to
receiving payments from Workers' Compensation. Employees are prohibited,
however, from receiving payment for paid leave while simultaneously receiving
payment from Workers' Compensation.
119

I. Workers’ Compensation leave that would qualify under family/medical leave will be
counted towards family/medical leave.

June 2006, June 2003, June 2002


120

Section 8.12

SECTION 8.12 USE OF TELEPHONES

A. Personal use of library telephones and personal cell phones is prohibited on library
time. Use is limited to emergency or urgent situations and those calls approved by
the employee's supervisor. Personal calls should be limited to non-work time and in
non-public areas.

B. Cell phones may be provided by the library to specific employees when it is in the
library’s best interest to be able to contact them during ―off duty‖ hours. In such
cases, the library provides a reasonable number of minutes that allows for both
business and reasonable personal use. This eliminates the need for these individuals
to carry two mobile phones and ―compensates‖ them for the inconvenience of always
being readily available for the library’s needs.

C. Personal toll calls are prohibited.

D. Excessive use of telephones for personal use or charging personal toll calls to the
library will result in disciplinary action.

E. Personal use of telefacsimile (fax) machines should follow the same guidelines,
above, as those governing regular telephone use.

June 2008, July 2005, June 2005, June 2003, June 2002
121

SECTION 8.13 SPEAKING ENGAGEMENTS

Library staff who schedule speaking engagements or programs related to the library’s
mission in the Cleveland Heights-University Heights Public Library service area (i.e., the
school district) should do so on library time as a representative of the library. Any fees or
honorariums are to be paid to the library.

Speaking engagements or programs outside the Cleveland Heights-University Heights


Public Library service area may be done on library time if appropriate and with
supervisory approval. If they wish, staff may do programs, and retain any fee or
honorarium, when the program is given outside the Cleveland Heights-University
Heights Public Library service area and on the staff member’s own time.

Approval for all speaking engagements on behalf of the library must be obtained from the
Director.

June 2000
122

Section 8.14

SECTION 8.14 GARNISHMENTS

A. A garnishment is a court ordered legal claim by a creditor against the wages of an


employee for non-payment of a debt that is served on the library by the constituted
legal authority. The library will execute all garnishments.

B. When a garnishment is received by the library, the Human Resources Coordinator


will discuss the garnishment with the employee and advise the employee of services
available through the Employee Assistance program. (See Section 3.8 EMPLOYEE
ASSISTANCE)
123

Section 8.15

SECTION 8.15 DRESS AND HYGIENE STANDARDS

Employees are expected to report to work in a clean and neat appearance, and dress in a
manner that reflects a professional atmosphere. Clothing must be clean, neat, in good
repair and appropriate for the assigned duties. Employees should be considerate of
coworkers and of customers and consider that perfume, body odor and cologne impact
productivity, workplace environment, employee health and positive customer relations.

If an employee comes to work in a manner that does not meet the dress and hygiene
standards, his/her supervisor or in-charge person may send the employee home. The
employee will be expected to return to work as quickly as possible dressed in a manner
that meets the library’s standards. The employee will not be paid for the time he/she is
away from work. If the problem persists the employee will receive a verbal warning and
further disciplinary action will be applied if dress code violations continue.

General guidelines include the following:

A. EMPLOYEES WHO ARE NOT REQUIRED TO WEAR A UNIFORM

1. Employees must wear shirts, blouses, sweaters, dress slacks, skirts or dresses.
Skirt and dress lengths should take into consideration current professional
standards. Clothing that reveals too much cleavage, your back, your chest, your
feet, your stomach or your underwear is not appropriate for a place of business,
even in a business casual setting.

2. Recreational and sports clothing are not to be worn to work.

3. Shoes should be appropriate for the duties and the work environment. For safety
reasons, no open- toe shoes or sandals are permitted.

B. EMPLOYEES WHO ARE REQUIRED TO WEAR A UNIFORM

1. Employees must wear the library provided uniform at all times when on duty.

2. Uniforms must be clean and maintained in good repair.

3. Shoes should be appropriate for the duties.

June 2010
124

SECTION 8.16 SOLICITATION AND DISTRIBUTION

A. Solicitation of employees or the public by anyone for any reason on library property
is prohibited, except for the reasons listed below:

1. Contributions from staff for established charities approved by the Board of


Trustees, such as United Way or Community Shares;

2. Collections for staff gifts for personal reasons such as retirement, illness and
other reasons approved by the Director;

3. Friends of the Library fundraising for library, such as public book sales, with the
approval of the Director; or

4. Other solicitations, which specifically support the interests of the library or


libraries in general, with the approval of the Director.

B. Distribution of literature by outside individuals or organizations to employees or the


public while on library property is prohibited for any purpose other than those listed
in Section III, D, 10. of the Service and Administration Policies.

C. Solicitation and/or distribution of literature among employees is prohibited at all


times in work areas of the library. Activity is permitted only in staff rooms and only
during breaks. Literature may not be left on tables or distributed other than directly to
another employee, unless the literature is specifically related to the library's goals for
professional development.

These limitations are applied to the sale of goods for non-profit, community
organizations (e.g., Girl Scout cookies, band candy, etc.).

D. Profit-making sales among employees must be transacted off library property and on
the employee's own time.

June 2003
125

Section 8.17

SECTION 8.17 SMOKE-FREE ENVIRONMENT

Smoking is prohibited in all library facilities and library vehicles in accordance with
Chapter 3794.02 of the Ohio Revised Code. The law does not specify a footage
requirement so that each organization may determine the sufficient distance to prevent
the immigration of smoke back into the public place or place of employment through
windows, ventilation systems or doors. Smoking is not permitted on library property.

3794.02 Smoking prohibitions.

(A) No proprietor of a public place or place of employment, except as permitted in


section 3794.03 of this chapter, shall permit smoking in the public place or place of
employment or in the areas directly or indirectly under the control of the proprietor
immediately adjacent to locations of ingress or egress to the public place or place of
employment.

(B) A proprietor of a public place or place of employment shall ensure that tobacco
smoke does not enter any area in which smoking is prohibited under this chapter through
entrances, windows, ventilation systems, or other means.

(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate
against an individual for exercising any right, including reporting a violation, or
performing any obligation under this chapter.

(D) No person shall refuse to immediately discontinue smoking in a public place, place of
employment, or establishment, facility or outdoor area declared nonsmoking under
section 3794.05 of this chapter when requested to do so by the proprietor or any
employee of an employer of the public place, place of employment or establishment,
facility or outdoor area.

(E) Lack of intent to violate a provision of this chapter shall not be a defense to a
violation.

Ohio Revised Code: Effective Date: 12-07-2006

June 2010
126

Section 8.18

Section 8.18 WORKPLACE SAFETY AND HEALTH

The Board of Trustees regards workplace safety as a fundamental value of the library and
is committed to the safety and health of its employees and the public it serves. Workplace
safety refers to the working environment at the Library and encompasses all factors that
impact the safety, health, and well-being of employees and the public. This can include
environmental hazards, unsafe working conditions or processes, drug and alcohol abuse
and workplace violence. The Director will ensure that work processes and work sites are
regularly inspected and staff are educated in order to anticipate and prevent harmful
incidents.

Accidents and Unsafe Working Conditions

Employees must comply with all established work safety rules, including the library’s
Drug Free Workplace policy, (Section 8.10) and applicable Ohio Public Employment
Reduction standards. Employees will be provided with information about workplace
safety issues through their supervisor, employee meetings, bulletin board and electronic
postings, memos and other means of communication.

The library will provide periodic workplace safety training on all aspects of the library’s
safety policies, practices and procedures.

Employees must immediately report all accidents and/or unsafe condition that occur on
the job or on library property. The employee will notify their supervisor or in-charge staff
member immediately and complete the Employee’s Report of Injury form. The
supervisor or in-charge staff member will investigate the accident scene or unsafe
condition immediately and file an answer on the Supervisor’s Report of Injury form. (See
Section 8.11 ON THE JOB INJURY)

Employees have the right to request an inspection by OSHA, the Occupation Safety and
Health Administration, by filing a written notification to them for any violation of a work
safety standard that they believe threatens serious physical harm or creates imminent
danger of death. The identity of an employee requesting an inspection will be
confidential.

An employee may refuse to work only if all of the following conditions are met:

1. The employee acts in good faith and believes the work conditions present an
imminent danger or serious harm and is not a normal, reasonable component
of the employee’s job.
2. The employee has filed a written report requesting correction of the
conditions, or if there was insufficient time to eliminate the danger through
the reporting process, the employee perceives him/herself or others to be in
imminent danger of death or serious harm.
127

3. An employee who refuses to work must immediately submit to the


Occupational Safety and Health Administration (OSHA) a written, signed
statement of the conditions presenting imminent danger of death or serious
harm.
4. Employees having met all the conditions outlined above and refusing to work
may be reassigned.

Workplace Violence

The library defines ―Workplace Violence‖ as any actual or threatened physical verbal or
nonverbal abuse occurring either inside or outside of the work setting by staff or a
member of the public. Violence will refer to any type of behavior that management feels:

1. Constitutes an assault,
2. A reasonable person would perceive as being obsessive (i.e. intensely focused
on a grudge, grievance, or romantic interest in another person and likely to
result in harm or threats of harm to another person and likely to result in harm
or threats of harm to another person or property, etc,
3. Consists of a communicated or reasonably perceived threat to harm another
person or in any way endangers the safety of another,
4. Would be interpreted by a reasonable person as carrying a viable and potential
for physical harm to another person,
5. A reasonable person would perceive as intimidating or menacing,
6. Involves the carrying, concealment or display of weapons, destroying
property, or throwing objects in a manner reasonably perceived to be
threatening or
7. Consists of a communicated or reasonably perceived threat to destroy
property.

All employees are responsible for notifying management of any threats that they witness,
receive or they are told that another person witnessed or received.

Even without a specific threat, all employees should report any behavior they have
witnessed that they regard potentially threatening or violent or which could endanger the
health or safety of an employee when the behavior has been carried out on library
property or a site that is connected to Library business.

No employee will be discriminated against in any job decision as a result of filing a good
faith complaint of a violation of workplace safety or testifying in any proceeding related
to an alleged violation or danger.

Employee behavior that is considered to be threatening, violent or disruptive will result in


disciplinary action up to and including termination. (See Section 10.1 Discipline)
June 2010, June 2006, June 2003
128

SECTION 8.19 COMMUNICATION WITH THE MEDIA

A. The Director or the Marketing and Community Relations Manager serve as the
official library spokesperson. Media inquiries regarding policies, procedures or the
library’s position on issues should be forwarded to either the Director or the
Marketing and Community Relations Manager who will determine who among the
staff can best represent the library on a particular topic.

B. If a staff member is contacted directly to be interviewed on a subject within his/her


particular area of expertise, the Director and/or the Marketing and Community
Relations Manager should be notified.

C. Media inquiries regarding programs, events, speakers, or services are to be directed to


the Marketing and Community Relations Manager. The Marketing and Community
Relations Manager or the Director may forward queries to other staff persons as
appropriate.

D. ―Official‖ communications via the Internet or E-mail should also be directed to either
the Marketing and Community Relations Manager or the Director. Employees must
refrain from communicating confidential, proprietary or nonpublic information
involving the library.

June 2010
129

Section 8.20

SECTION 8.20 HARASSMENT

The Library is committed to providing a pleasant, productive work place, free from
discrimination and harassment. Harassment of any nature should not be tolerated by any
staff member and will not be tolerated by the Library regardless of who is engaging in the
offensive conduct (i.e. employee, customer, member of the public, vendor, etc.) The
library’s policy is that all employees actively work to maintain a work place free of
harassment at all levels. The purpose of this policy is to help employees understand the
issue, so all may achieve this goal. This policy describes conduct that is prohibited in the
workplace and in any work-related setting (such as during business trips, business
meetings and business-related social events) whether or not the incident(s) occur during
working hours.

A. SEXUAL HARASSMENT

1. Sexual Harassment is a form of sex discrimination that violates Title VII of the
Civil Rights Act of 1964. As mandated by law, the library will ensure that all
employees work in an environment that is free from unlawful discrimination or
harassment, including sexual harassment.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual


favors and other verbal or physical conduct of a sexual nature when:

a. Submission to such conduct is made either explicitly or implicitly a term or


condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the


basis for employment decisions effecting the individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an


individual’s work performance or creating an intimidating, hostile, or
offensive working environment.

2. Sexual harassment may include a range of subtle or not so subtle behaviors and
may involve individuals of the same or different gender. Depending on the
circumstances, these behaviors may include, but are not limited to:

a. Unwanted sexual advances or requests for sexual favors;

b. Sexual jokes and innuendoes;

c. Verbal abuse of a sexual nature;


June 2007, June 2003
130

Section 8.20

d. Commentary about an individual’s body, sexual prowess or deficiencies;

e. Leering, whistling or touching;


f. Insulting or obscene comments or gestures;

g. Display in the workplace of sexually suggestive objects or pictures; and/or

h. Other physical, verbal or visual conduct of a sexual nature.

B. HARASSMENT OTHER THAN SEXUAL

Harassment other than sexual can be defined as persistent, annoying behavior by one
or more individuals, which creates an intimidating, hostile, or offensive work
environment for another employee on the basis of being in any protected class, such
as sex, race, religion, color, nation origin, ancestry, disability, age or any other
characteristic protected by Federal, State or Local law. Such conduct is inappropriate
and unlawful, regardless of intent. Some examples are;

1. Incomplete or misleading training of a fellow employee.

2. Malicious mischief such as destruction/defacing a fellow employee’s personal


property or work area.

3. Offensive language or a belittling manner when giving work direction.

4. Jokes, slurs, or derogatory remarks directed at a particular sex, minority, race or


ethnic group.

C. REPORTING PROCEDURE

1. An employee who experiences or witnesses sexual harassment or other harassment


in the workplace must report it immediately to any supervisory employee.
Supervisors are required to immediately notify the Director or his/her designee.
The Director will conduct, or order his/her designee to conduct a thorough
investigation.

2. If the Director is the subject of a complaint, the Board will determine who will
conduct the investigation.
131

Section 8.20

3. The complaint will be documented either in writing or on audiotape. The report


will include a factual description of the incident(s).

4. The investigation will involve interviewing the complainant, the accused, and the
supervisor (if necessary) and any witnesses. To the extent possible, the
employee’s confidentiality and that of any witness and the alleged harasser will
be protected against unnecessary disclosure. Employees who are questioned as a
part of the investigation shall not knowingly provide or make an untrue statement
of fact regarding such complaint. The Director will take appropriate steps if
deliberately false statements are made.

5. If at the conclusion of the investigation the Director or his/her designee has


reason to believe the reported acts did occur, the employee will be advised that
such conduct is improper and in violation of federal and state law and that the
employee is subject to disciplinary action up to and including discharge.

6. Should the results of the investigation prove to be inconclusive, all parties


involved will review the Harassment Policy with the understanding that any
violation of the policy in the future will call for immediate disciplinary action,
up to and including discharge.

7. At the completion of the investigation the complainant and any employee about
whom a complaint was filed will be informed of the outcome.

8. Employees will receive a copy of the library’s Harassment policy at the time of
hire and annually thereafter. Employees shall sign a statement that they have
received the policy. This statement shall become part of the employee's
personnel file. In addition, training sessions on sexual harassment and other
forms of harassment will be held at regular intervals.

9. Employees who believe that a member of the public has harassed them, sexually
or other shall report any such incident to their immediate supervisor, who shall
investigate and resolve any situation found to be inappropriate.

10. Nothing in this policy is intended to deny an employee any rights available by
law, including the right to file with the Ohio Civil Rights Commission, the
Equal Employment Opportunity Commission or any court of competent
jurisdiction.
132

Section 8.21

SECTION 8.21 CREDIT CARD POLICY

The library maintains a credit card to facilitate library activities such as local or
emergency purchases, travel expenses (air fares, hotels) and purchases over the Internet.
Copies of the card, currently a MasterCard, are held by the Director, Deputy Director,
Fiscal Officer and Network Administrator. These cards shall be used only for purchases
authorized by these individuals, and they may never be used to purchase alcoholic
beverages, entertainment, medical drugs, personal services or cash advances.

No employee of the library may personally benefit from any kind of rewards program
offered through the use of the library’s credit card, such as frequent flyer miles. Any
rewards for usage of the card belong to the library.

Any misuse of the library’s credit card may be subject to discipline, including termination
of employment and referral to criminal prosecution and penalties given in section
2913.31 (―Misuse of Credit Cards‖) of the Ohio Revised Code.

Immediately upon using a credit card, a purchase order must be requested so that money
is encumbered to pay for the transaction. That, plus the purchase receipt, must be
attached to the credit card invoice.

The library’s Fiscal Officer will monitor all usage of the credit cards.
133

CHAPTER 9

SECTION 9.1 COMPLAINT PROCEDURE

A complaint procedure provides staff with a formal process to resolve a complaint. A


complaint is defined by the library as any disagreement with management or staff about
their employment relationship. The complaint must be submitted in writing and follow
the steps outlined in this procedure.

1. An employee having a problem regarding her employment shall first discuss the
problem with his/her immediate supervisor. If the problem is not settled to the
employee’s satisfaction, then the employee may follow the procedure described
below.

2. The employee, within five (5) working days will present the complaint in writing to
his/her immediate supervisor, with a copy to the Human Resources Coordinator. A
copy of the complaint will go to the Director. The Human Resources Coordinator will
meet and discuss the complaint with the employee and the supervisor. The
Supervisor will provide the employee with a written response. The Supervisor may
choose not to address a complaint submitted beyond the five (5) day period. The
complaint will be placed in the employee’s personnel file.

3. If the immediate supervisor’s response is not satisfactory to the employee, the


employee may present her complaint to the next level of management, such as the
Department Head or Deputy Director. The employee must submit the complaint in
writing within five (5) working days of the supervisor’s response in 2 above. The
manager at the next level may meet and discuss the complaint with the employee
depending on the nature of the complaint and the response of the employee’s
supervisor. The Department Head or Deputy Director will provide the employee with
a written response. The Department Head or Deputy Director may choose not to
address a complaint submitted beyond the five (5) day period.

4. If the Department Head or Deputy Director’s response is not satisfactory to the


employee, the employee may present her complaint to the Director. The employee
must submit the complaint in writing within five (5) working days of the Department
Head or Deputy Director’s response in 3 above. The Director may meet and discuss
the complaint with the employee depending on the nature of the complaint and the
response of the Department Head or Deputy Director. The Director will provide the
employee with a written response. The Director may choose not to address a
complaint submitted beyond the five (5) day period.
134

5. If at any step during this procedure, management does not respond within the
established time limits, the employee may take the complaint to the next level.

6. The decision of the Director will be final.

7. Nothing in this policy is intended to deny an employee any rights available by law,
including the right to file a complaint with the Ohio Civil Rights Commission, the
Equal Employment Opportunity Commission, or any court of competent jurisdiction.
However, if the employee elects to file a complaint on a matter over which an
adjudicative body has jurisdiction, it is the employee's responsibility to meet the
criteria for filing with that body.

8. Where a complaint cites issues of law the complaint will be sent to the prosecutor's
office or employment attorney for an opinion before proceeding. All time limits
stated in this procedure will be held in abeyance until a response from the Prosecutor
or employment attorney is received.

9. A complaint regarding alleged violations of civil rights (discrimination on the basis of


race, age, religion, sex, national origin or disability) or sexual orientation should be
brought to the attention of the Human Resources Coordinator immediately. See Fair
Employment Practices Section 1.6 and Sexual Harassment Policy 8.20.

June 2008
135

CHAPTER 10

DISCIPLINE

SECTION 10.1 PROGRESSIVE DISCIPLINE

The progressive discipline policy is provided for supervisors and department heads to use
in helping guide employees towards more appropriate behavior. The policy is not
intended to alter the at-will status of employment with the library.

A. Employees are hereby advised of expected behavior, the types of conduct that are
unacceptable and the penalties for unacceptable behavior.

B. Supervisors are to follow an established system of progressive discipline when


correcting behavior. Each offense is to be documented and dealt with objectively.

C. The progressive discipline policy is established as a guide for management


employees to use in administering discipline in a uniform manner.

D. This policy provides standard penalties for specific offenses; however, the examples
of specific offenses given in any grouping are not all-inclusive and merely serve as a
guide.

E. The standard penalties provided in this policy do not prevent the application of a
greater or less severe penalty for a given infraction when circumstances warrant. In
instances where a penalty deviates from the recommended standard penalty, the
reason for deviation should be noted.

F. Appeal of discipline procedures may be made through the complaint procedure. (See
Chapter 9)

G. PROGRESSION OF DISCIPLINE

1. When an employee commits more than one offense listed in the same group,
each offense will be disciplined at the next higher level of discipline (i.e., Level
1, then Level 2, etc), whether or not the offenses are related. This is done so that
an employee will be progressively disciplined when he/she continues to commit
minor offenses that when taken together result in more and more serious
disruption to the workplace.

2. When an employee commits two (2) or more offenses listed in different groups
and the offenses are related, each will be disciplined at the next higher level of
discipline (i.e., Level 1 of Group 1, then Level 2 of Group 1, then Level 3 of
Group 1).
136

3. Unrelated offenses in different groups are disciplined individually (i.e., Level 1 of


Group 1, then Level 1 of Group 2).

4. Length of time between offenses may be a consideration in the application of this


policy.

H. PROGRESSIVE DISCIPLINE OFFENSES

1. GROUP 1 OFFENSES

Group 1 offenses are minor in nature and cause minimal disruption.

Group 1 offenses include, but are not limited to:

• Failure to call in an absence;


• Excessive absences that disrupt service or other employees;
• Chronic tardiness;
• Starting late, or leaving early, without following the established procedures;
• Interfering with the work of others;
• Malicious mischief, horseplay, wrestling, or other misconduct;
• Unnecessary shouting or disruption;
• Use of profane or abusive language;
• Neglect of work;
• Unsatisfactory work or failure to maintain the required standard of
performance;
• Failure to work cooperatively with other employees;
• Careless use of library property or equipment;
• Poor housekeeping in work area;
• Contributing to or creating unsafe or unsanitary conditions;
• Failure to follow safety rules and procedures;
• Failure to observe library rules, policies, or procedures;
• Unauthorized posting or removal of notices or signs from bulletin boards; or
• Unauthorized solicitation or distribution on library property.

Appropriate disciplinary action for Group 1 offenses includes:

First Offense: Verbal instruction and warning

Second Offense: Written reprimand

Third Offense: Written documentation and one (1) to three (3) day
suspension without pay

Fourth Offense: Written documentation and five (5) to fifteen (15) day
suspension without pay
Fifth Offense: Discharge
137

2. GROUP 2 OFFENSES

Group 2 offenses are of a more serious nature than Group 1 offenses and if left
undisciplined may cause a serious and lasting disruption to the operation of the
library.

Group 2 offenses include, but are not limited to:

• Disobeying the orders of a supervisor;


• Disorderly conduct;
• Use of abusive or threatening language toward supervisors and/or co-
workers;
• Creating a hostile work environment,
• Discourteous treatment of the public;
• Reporting for work or working while unfit for duty;
• Sleeping during work hours;
• Failure to provide required documentation of absences;
• Willful disregard of library rules, regulations, policies, or procedures;
• Willful failure to make required reports;
• Unauthorized use of library property or equipment;
• Performing private work on library time;
• Obligating the library for any expense or service without authorization;
• Failure to report an accident, injury or equipment damage;
• Unauthorized release of confidential information;
• Refusing to give testimony in accident or incident investigations; or
• Making or publishing false, vicious or malicious statements about library
employees or library operations.

Appropriate disciplinary action for Group 2 offenses includes:

First Offense: Written warning

Second Offense: Two (2) or three (3) day suspension without pay

Third Offense: Five (5) to fifteen (15) day suspension without pay

Fourth Offense: Discharge


138

3. GROUP 3 OFFENSES

Group 3 offenses are of a very serious or possibly criminal nature and cause
critical disruption to the operation of the library.

Group 3 offenses include, but are not limited to:

• Absence from duty without authorized leave for three (3) or more days,
consecutive or otherwise
• Insubordination by refusing to perform assigned work or comply with
written or verbal instructions of supervisors;
• Conduct violating morality or common decency, including sexual
harassment;
• Wanton or willful neglect of duties;
• Instigating, leading or participating in any illegal walkout, sit-down, stand-
in, refusal to return to work, or other concerted curtailment, restriction or
interference with work;
• Possessing, selling or being under the influence of illegal drugs;
• Being under the influence of alcohol during work hours;
• Carrying or possessing firearms, explosives or weapons on library property;
• Carrying concealed weapons, licensed or unlicensed, on library property;
• Fighting or attempting to injure other employees, supervisors, or the public;
• Physical or verbal altercations that lead to the disruption of the work day and
impact the work environment negatively.
• Threatening, intimidating, coercing, or interfering with other employees;
• Abuse or deliberate destruction of library property or equipment, or of the
property or equipment of other employees;
• Stealing, destroying, damaging or concealing property of the library or of
another employee;
• Dishonesty or dishonest action such as theft, pilfering, making false
statements, making inaccurate or false reports concerning absences, etc.;
• Giving false information or withholding pertinent information requested in
an employment application;
• Knowingly concealing a communicable disease that might endanger others;
• Unauthorized altering of a time card;
• Making false claims or misrepresentation in an attempt to obtain a library
benefit;
• Giving false testimony during an investigation of a complaint;
• Falsifying, assisting in falsifying, or destroying library records; or
• Misusing or removing records or information without authorization.
• Failure to comply with the library’s Drug Free Workplace policy.

Appropriate disciplinary action for Group 3 offenses includes:

First Offense: From fifteen (15) day suspension without pay to discharge
Second Offense: Discharge
139

CHAPTER 11

SEPARATION FROM EMPLOYMENT

SECTION 11.1 VOLUNTARY SEPARATION

A. RESIGNATION

1. Resignation in good standing requires a minimum of one (1) month notice for
professional employees and department supervisors. All other employees are
required to give two (2) weeks notice.

2. Resignation must be in writing and submitted to the supervisor who will forward
it to the Director.

3. The Director will report all full-time and 30-hour employee resignations to the
Board of Trustees.

4. An employee who does not resign in good standing is not eligible for future
employment.

B. ABANDONMENT

1. An employee who is absent from duty without leave for three (3) consecutive
days is deemed to have resigned his/her position unless satisfactory explanation
is made and accepted by the Director.

2. An employee who has abandoned his/her position is not eligible for future
employment with the library.

C. RETIREMENT

OHIO PUBLIC EMPLOYEES' RETIREMENT SYSTEM (OPERS).

1. Employees who are age 60 and have five years of Ohio service or 60 or more
calendar months of contribution service in OPERS, are eligible to retire.
Employees may retire with a reduced benefit as early as age 55 if they have 25
years of service.

June 2005
Section 11.1
140

2. An employee who has thirty (30) years of credit, has no age requirement or age
benefit reduction.

3. Benefits are calculated on the basis of the selected OPERS retirement plan. The
three (3) plan types are listed below. More information on retirement plans can be
found at www.opers.org.

a. Traditional Pension Plan – A Defined Benefit Plan – retirement benefit is


determined by a formula (based on the years of service and highest years
of salary).

b. Member – Directed Plan – A Defined Contribution Plan – retirement


benefit is determined by employee & employer contributions and
gains/losses of investment options.(This option would make you
ineligible for OPERS Health Retirement Benefit , OPERS disability
benefit and survivor benefit program.)

c. Combined Plan – A Defined Benefit and Defined Contribution Plan –


retirement benefit is determined by reduced formula (for DB component)
and gains/losses of investment options (for DC component).

4. Part-time work earns part-time credit. An employee who continues to work after
earning thirty (30) years credit continues to receive service credit.

5. Persons with ten (10) years of service credit who receive retirement benefits are
entitled to a health care plan as established by OPERS.

June 2005, June 2003


141

Section 11.2

SECTION 11.2 INVOLUNTARY TERMINATION

A. AT-WILL DISCHARGE

The Board authorizes the Director to discharge an employee in compliance with


Board policy. The discharge will be reported to the Board at its next regular meeting.

B. RETRENCHMENT

1. A layoff of employees may become necessary due to a change in finances or


workload, elimination of a position or a reorganization of responsibilities.

2. The order of layoff will be determined on the basis of performance and library
needs.
142

SECTION 11.3 TERMINATION BENEFITS

A. HEALTH CARE BENEFITS CONTINUATION (COBRA)

In certain instances, employees and their families have the right to temporarily
extend their health care benefits at group rates.

1. An employee covered by the library's health care plan has a right to choose this
continuation coverage if he/she would lose group coverage because of:

a. A reduction in hours of work below the minimum required for eligibility


under the plan; or

b. Termination of employment for any reason other than gross misconduct.

2. An employee's spouse and dependent children covered by the library's health


care plan have the right to continuation coverage if group health care coverage
under the library's plan would be lost due to a "qualifying event" such as:

a. Death of the employee;

b. Termination of the employee's employment for any reason other than gross
misconduct;

c. Reduction in the employee's hours of work below the minimum required for
eligibility under the plan;

d. Divorce or legal separation;

e. Employee becoming entitled to Medicare; or

f. Dependent child ceasing to be a "dependent child" under the terms of the


library's health care plan.

3. Any person who is covered under the employee's plan on the day before a
qualifying event, and who will lose coverage, will be considered a "qualified
beneficiary."

4. If the qualified beneficiary does not choose continuation coverage, group health
care coverage will end.

5. Qualified beneficiaries need not show they are insurable in order to qualify for
continuation coverage.
143

Section 11.3

6. Qualified beneficiaries must pay the library the full premium at applicable rates.
Late payments may result in loss of coverage.

7. Questions about this policy may be directed to the Human Resources Coordinator.

8. Employees are responsible for notifying the Human Resources Coordinator of any
change in status including, for example, marital status, dependent status or
residence.

9. The following procedure will be used for notifying employees of COBRA rights.

a. Each employee will be notified of his/her COBRA rights at the time he/she
begins coverage under the library's health care plan and again when he/she
becomes ineligible for coverage or terminates employment.

b. A spouse of a covered employee will be notified of this policy and its


provisions at the time family or spouse coverage begins under the library's
health care plan and again when he/she becomes ineligible for coverage.

c. Notification of an employee's spouse will be deemed to serve notice on all


dependent children.

d. The Human Resources Coordinator will notify the Fiscal Officer (within
thirty (30) days) of any of the following "qualifying events:"

• Employee's death;
• Employee's termination;
• Employee's reduction in hours, making him/her ineligible for benefits; or
• Employee's eligibility for Medicare.

e. The employee is responsible for notifying the Human Resources Coordinator


(within sixty (60) days) of any of the following "qualifying events:"

• Divorce;
• Legal separation; or
• Loss of dependent eligibility under the plan requirements (age or student
status).

f. The employee/dependent must notify the Human Resources Coordinator of


his/her decision to extend benefits within sixty (60) days of the qualifying
event or the date of eligibility notice, whichever is later.
144

Section 11.3

B. OHIO PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DISABILITY AND


SURVIVOR BENEFITS

1. If an employee, at the time of death, has at least eighteen (18) months of credit in
the Ohio Public Employees' Retirement Service, his/her spouse, children or
parents may be entitled to survivor benefits.

If an employee has five (5) years of credit, and is permanently and totally disabled,
he/she may receive disability benefits.

C. ACCRUED LEAVE

At the time of separation, an employee will be paid at his/her current hourly rate of
pay for all ETO time credit.

D. SICK LEAVE CONVERSION

An employee who retires through OPERS will be paid for twenty-five percent (25%)
of his/her unused sick leave balance. Payment will be at the employee's current rate
of pay and will eliminate any sick leave balance. (See Section 5.3 OHIO PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM (OPERS))

E. UNEMPLOYMENT COMPENSATION

An employee may be eligible for unemployment compensation according to the


regulations of the state of Ohio.

June 2003
145

Section 11.4

SECTION 11.4 EXIT INTERVIEW

A. Upon separation from employment an employee must meet with his/her supervisor or
with the Human Resources Coordinator to process paperwork and return library
property.

B. The Human Resources Coordinator will inform the employee of all termination
benefits, verify forwarding addresses for the employee and any dependents and get
necessary signatures.

C. The employee will relinquish all badges, equipment and keys.

D. If the separation is voluntary, the employee may be asked to complete an exit


interview questionnaire and discuss his/her answers during an exit interview.
Information gathered in exit interviews will be used to evaluate library practices and
identify areas requiring action to make the library a more attractive employer. Exit
interview questionnaires will not be placed in the employee's personnel file. See
Forms
146

INDEX

Section

Abandonment ....................................................................................... 11.1


Absences ................................................................................................ 8.2
Early Departure
Frequency
Reporting
Tardiness
Accidents.............................................................................................. 8.11
Accommodation, Reasonable ................................................................ 3.5
Accrued Leave (Separation) ................................................................ 11.3
Advertising ............................................................................................. 2.1
Alcohol, workplace .............................................................................. 8.10
Annual Evaluation ................................................................................. 6.2
Applicants
Disqualification ................................................................................. 2.2
Recruitment ....................................................................................... 2.1
Selection ............................................................................................ 2.2
Application Records............................................................................... 2.3
Applications, Employment .................................................................... 2.2
Appointment .......................................................................................... 2.5
Assignment of Relatives ........................................................................ 2.5
Assignments, Temporary Position ......................................................... 4.9
At-Will Discharge ................................................................................ 11.2
Attendance ............................................................................................. 8.2
meetings and conferences ................................................................. 7.5

Benefits .................................................................................................. 5.0


Bereavement Leave ................................................................................ 5.9
Breaks .................................................................................................... 3.4
Meal
Rest
Bulletin Board ........................................................................................ 3.7

Call-In Pay ........................................................................................... 4.12


Certification, see Ohio Public Library Certification
Child-Care Leave ................................................................................. 5.10
Closing ................................................................................................... 8.2
Emergency
Weather related
COBRA ................................................................................................ 11.3
Code of Ethics ........................................................................................ 8.1
147

Community and Professional Activities ................................................ 7.4


Compensation ........................................................................................ 4.0
Call-in ............................................................................................. 4.12
Overtime ......................................................................................... 4.11
Unemployment ............................................................................... 11.3
Workers’ ........................................................................................... 5.1
Complaint Procedure ............................................................................. 9.0
Computer Software and Data ................................................................. 8.4
Concealed Weapons Prohibited .......................................................... 3.11
Conditions of Employment .................................................................... 3.0
Conferences............................................................................................ 7.1
Staff Development ............................................................................ 7.0
Attendance ........................................................................................ 7.5
Report of ........................................................................................... 7.2
Confidentiality ....................................................................................... 8.6
Conflicts of Interest................................................................. Appendix A
Contagious Disease ................................................................................ 3.6
Court Leave ............................................................................................ 5.7
Credit Cards ......................................................................................... 8.21

Declaration Regarding Material Assistance/NonAssistance


To A Terrorist Organization ................................................................. 2.4
Deferred Compensation ......................................................................... 4.7
Demotion................................................................................................ 2.5
Dental Insurance .................................................................................... 5.1
Department Equipment .......................................................................... 8.4
Disability Accommodation .................................................................... 3.5
Disability and Survivor Benefits .......................................................... 11.3
Discipline ............................................................................................. 10.0
Disease, Contagious ............................................................................... 3.6
Disqualification of Applicants ............................................................... 2.2
Distribution of Literature ..................................................................... 8.16
Diversity Statement ................................................................................ 1.7
Dress Standards .................................................................................... 8.15
Driving Record....................................................................................... 2.4
Drug-Free Workplace .......................................................................... 8.10

EASE See Employee Assistance


Early Departure ...................................................................................... 8.2
Earned Time-Off (ETO) ........................................................................ 5.4
Educational Opportunities ..................................................................... 7.2
E-Mail/Internet Policy ........................................................................... 8.5
Emergency Closing ................................................................................ 8.2
Employee Assistance Program .............................................................. 3.8
Employee Conduct ................................................................................. 8.0
148

Employee Identification ......................................................................... 8.7


Employment Eligibility.......................................................................... 2.4
Employment, Outside ............................................................................ 8.3
Employment Practices, Fair ................................................................... 1.6
Employment Records ............................................................................. 3.2
Employment Status ................................................................................ 3.1
Equipment .............................................................................................. 8.4
ETO, see Earned Time Off
Evaluation Procedure ............................................................................. 6.3
Evaluation, Types of .............................................................................. 6.2
Exempt Employees .............................................................................. 4.11
Exit Interview....................................................................................... 11.4
Expenses, Reimbursement of ............................................................... 4.13

Fair Employment Practices .................................................................... 1.6


Family, definition
Hiring ................................................................................................ 2.5
Sick Leave ......................................................................................... 5.6
Family or Medical Leave ..................................................................... 5.10
Follow-up Report ................................................................................... 7.2
Funeral Leave......................................................................................... 5.9
Frequency of Absences .......................................................................... 8.2
Full-Time and 30 Hour Employees-ETO .............................................. 5.4
Funeral Leave, See Bereavement Leave

Garnishments ................................................................................ 4.7, 8.14


Group 1 Offenses ................................................................................. 10.1
Group 2 Offenses ................................................................................. 10.1
Group 3 Offenses ................................................................................. 10.1

Harassment Policy…………………………………………………….8.20
Health Care Benefits Continuation (COBRA) ..................................... 11.3
Health Care Insurance ............................................................................ 5.1
Hygiene Standards ............................................................................... 8.18
Payroll Deduction .................................................................................. 4.7
Holidays ................................................................................................. 5.5
Hours of Work ....................................................................................... 3.4

Immigration/Citizenship Status ............................................................. 2.4


Income Taxes ......................................................................................... 4.7
Increments, see Salary Administration
Initial Evaluation .................................................................................... 6.2
Initial Evaluation Period ........................................................................ 2.5
Injury, workplace ................................................................................. 8.11
Insurance ................................................................................................ 5.1
Introduction and General Employment Conditions ............................... 1.0
149

Introduction and Purpose of Policies ..................................................... 1.1


Involuntary Termination ...................................................................... 11.2

Last Chance Agreement ....................................................................... 8.10


Leave, paid
Bereavement ..................................................................................... 5.9
Court.................................................................................................. 5.7
Sick.................................................................................................... 5.6
Leaves of Absence, Unpaid ................................................................. 5.10
Life Insurance ........................................................................................ 5.1
Light Duty ........................................................................................... 3.10
Lodging ................................................................................................ 4.13
Longevity, see Salary Administration

Management Rights ............................................................................... 1.3


Maternity (See Parental Leave) ........................................................... 5.11
Meal Breaks ........................................................................................... 3.4
Meals, Reimbursement ........................................................................ 4.13
Media, Communications ...................................................................... 8.19
Medical Exam ........................................................................................ 3.3
Medical Leave ...................................................................................... 5.10
Medical Records .................................................................................... 3.2
Medicare Taxes ...................................................................................... 4.7
Meetings ................................................................................................. 7.1
Membership Reimbursement ................................................................. 7.2
Military Leaves ...................................................................................... 5.8
Military Reserves ................................................................................... 5.8

New Employee Orientation.................................................................... 7.1


Non-Exempt Employees ...................................................................... 4.11

Objectives, Policy .................................................................................. 1.2


Offenses ............................................................................................... 10.1
Group 1
Group 2
Group 3
Ohio Homeland Security................................................................. 2.2, 2.4
Ohio Public Employees’ Retirement System ......................... 4.7, 5.3, 11.1
Ohio Public Library Certification .......................................................... 2.4
On the Job Injury ................................................................................. 8.11
OPERS see Ohio Public Employees Retirement System
Orientation, see New Employee Orientation
Outside Employment ............................................................................. 8.3
Overtime Compensation ...................................................................... 4.11
150

Pages, see Students


Parental Leave ..................................................................................... 5.11
Pay, see Compensation
Payday .................................................................................................... 4.6
Payroll Deductions ................................................................................. 4.7
Performance Evaluation ......................................................................... 6.0
Personal Data ......................................................................................... 3.2
Personnel Files ....................................................................................... 3.2
Review of by Employee
Review of by Public
Pick-Up, retirement ................................................................................ 4.8
Policy, Purpose ...................................................................................... 1.1
Changes, Dissemination and Suggestions ......................................... 1.5
Objectives .......................................................................................... 1.2
Scope of Coverage ............................................................................ 1.4
Position Assignment .............................................................................. 2.5
Professional Membership....................................................................... 7.7
Professional Verification ....................................................................... 2.4
Progression of Discipline ..................................................................... 10.1
Group 1 Offenses
Group 2 Offenses
Group 3 Offenses
Promotion............................................................................................... 2.5

Reappointment ....................................................................................... 2.5


Record Keeping ..................................................................................... 4.5
Recruitment ............................................................................................ 2.1
Reference Checks............................................................................ 2.2, 3.2
Regular Part-Time Employees ............................................................... 5.4
Reimbursement of
Expenses.......................................................................................... 4.13
Membership ...................................................................................... 7.2
Tuition ............................................................................................... 7.3
Relatives, assignment ............................................................................. 2.5
Resignation .......................................................................................... 11.1
Rest Break .............................................................................................. 3.4
Retirement ............................................................................................ 11.1
Retrenchment ....................................................................................... 11.2

Salary Administration ............................................................................ 4.1


Salary Reductions .................................................................................. 4.8
Salary Schedule see Salary Administration
Section 125 Plan .................................................................................... 5.2
Section 403 (b) Tax Deferred Annuity .................................................. 4.7
Section 457 Deferred Compensation ..................................................... 7.7
Selection ................................................................................................. 2.2
151

Selection of Participants ........................................................................ 7.5


Separation from Employment .............................................................. 11.0
Sexual Harassment ............................................................................... 8.20
Sick Leave .............................................................................................. 5.6
Earning
Uses
Sick Leave Conversion (retirement) .................................................... 11.3
Smoke Free Environment .................................................................... 8.17
Solicitation and Distribution ................................................................ 8.16
Speaking Engagements ........................................................................ 8.13
Special Evaluation ................................................................................. 6.2
Staff Association .................................................................................... 3.9
Staff Development ................................................................................. 7.0
Staff Development Day.......................................................................... 7.3
Staff Identification ................................................................................. 8.7
Staff Meetings ........................................................................................ 8.8
Staff Rooms ........................................................................................... 8.9
State of Ohio Ethics Law ....................................................... Appendix A
Status, Employment ............................................................................... 3.1
Students .................................................................................................. 3.4
Substitutes .............................................................................................. 4.2
Sunday Work ....................................................................................... 4.10
Supervisors’ Evaluation ......................................................................... 6.2

Tardiness ................................................................................................ 8.2


Tax Deferred Annuity, see Section 403 (b)
Telephone Use ..................................................................................... 8.12
Temporary Assignments ........................................................................ 4.9
Termination Benefits ........................................................................... 11.3
Time Cards ............................................................................................. 4.4
Transfer .................................................................................................. 2.5
Transportation ...................................................................................... 4.13
Tuition Reimbursement ......................................................................... 7.3

Unemployment Compensation............................................................. 11.3


Uniforms .............................................................................................. 8.15
Unpaid Leaves ..................................................................................... 5.10

Vacation, see Earned Time Off


Violence in the workplace ................................................................... 8.18
Voluntary Deductions ............................................................................ 4.7
Voluntary Separation ........................................................................... 11.1

Weather Related Closing ....................................................................... 8.2


Workers’ Compensation ........................................................................ 5.1
Work Hours ............................................................................................ 3.4
152

Full-Time
Students
Sunday
Workplace Safety ................................................................................. 8.18
Workplace Violence............................................................................. 8.18
Workweek .............................................................................................. 4.3

Index updated June 2010


153

Appendix A

A. STATE OF OHIO ETHICS LAW

1. No public employee shall knowingly authorize or use his/her authority or


influence to (a) secure a public contract for himself/herself, his/her family or
his/her business associates; or (b) secure the investment of public money in any
security in which he/she, his/her family or his/her business associates has an
interest; or for which he/she, his/her family or his/her business associates act as
an underwriter or receive brokerage, origination, or servicing fee. No public
employee shall knowingly profit, during his/her term of office or for one (1) year
after, from the execution of a public contract authorized by himself/herself or by
a legislative body, commission or board for which he/she was a member when
the contract was authorized, if the contract was not competitively bid or the
contract was not with the lowest and best bidder.

2. No public employee shall knowingly have an interest in the profits or benefits of


a public contract. Employment with a public office is considered to be a contract
with the public office. Therefore the use of one's position to obtain employment
for a family member is prohibited by law.

B. CONFLICTS OF INTEREST

1. No public employee shall participate as a public official in any license or rate-


making proceeding that directly affects the license or rates of any person,
partnership, trust, business trust, corporation or association in which he/she or
his/her immediate family owns or controls more than five percent (5%), or any
business which he/she or his/her immediate family has sold goods or services of
more than one thousand ($1,000) dollars during the preceding year.

2. No public employee shall use or authorize the use of the authority or influence of
employment to secure anything of value or the offer or promise thereof that is of
such a character as to influence his/her duties.

3. No public employee shall solicit or accept anything of value that is of such a


character as to influence his/her duties.

3. No employee may serve on the Cleveland Heights-University Heights Board of


Education.
154

APPENDIX B

LAST CHANCE AGREEMENT

On_______ [date], the Drug-Free Workplace Coordinator, agreed to your request to seek an assessment
and/or counseling and referral to a rehabilitation program for alcohol and drug use. The following
conditions apply to your rehabilitation program:

1. You must authorize [choose appropriate employee assistance or treatment program/counselor] to


provide proof of enrollment in an alcohol/drug abuse rehabilitation program and proof of attendance at all
required sessions on a monthly basis to the library's Drug-Free Coordinator. The library will closely
monitor your attendance and will terminate your employment (cancel this agreement) if you do not
regularly attend all required sessions.

2. You will pay for all costs of rehabilitation that are not covered under the library's benefits plan.

3. During the ________________________ (identify time frame in terms of months) following


completion of your rehabilitation program, the library may test you for alcohol and/or drug use on an
unannounced basis to determine if you are in compliance with the library’s drug-free policy. The library
will promptly terminate your employment if you refuse to submit to testing or if you test positive during
this period.

4. You must meet all established standards of conduct and job performance. The library will
terminate you (your services) if your on-the-job conduct or job performance is unsatisfactory. Satisfactory
performance includes ongoing compliance with the library's drug/alcohol testing policy, including testing if
there is reasonable suspicion of a violation of the prohibition of use.

5. Nothing in this agreement alters your employment status. The library hopes its employment
relationship with you will be a happy and enduring one. Nevertheless, you remain free to resign your
employment (terminate your agreement) at any time for any or no reason without notice. Similarly, the
library reserves the right to terminate you, (your services) for any or no reason, without notice. No one can
alter your at will status except the Director, in writing.

I voluntarily agree to all of the above conditions and authorize [treatment program/counselor, employee
assistance provider] to provide the Drug-Free Workplace Coordinator with proof of my enrollment and
attendance at the recommended rehabilitation program.

Date Agreement Signed Library Name

Employee Signature Library Representative Signature

Signature of Witness Signature of Witness


155

APPENDIX C

Library positions requiring valid Ohio driver’s license and acceptable driving record.

Librarian: Adult, Young Adult and Children’s


Associate: Adult, Young Adult and Children’s
Director
Network Administrator
Network Operator
Buildings Coordinator
Assistant Buildings Coordinator
Maintenance Technician
Shipping Assistant
Custodian

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