Section 1.1 The employees of the judicial branch occupy a unique position in county government. The operations of the judicial branch are required by law to be fully funded by the Board of Commissioners of Carbon County. Most judicial branch employees are paid by and receive all benefits, at the direction of the County Commissioners.

Notwithstanding the obvious dependence of employees of the judicial branch upon the County Commissioners for financial and logistical support, the management and administration of business for the judicial branch and its employees is vested by the Judicial code in the President Judge of the Court of Common Pleas of Carbon County.

With respect to court employees, the court is the employer as to hiring, dismissal, performance standards, supervision, and disciplinary considerations while the county is the employer with respect to pay and benefits.

Section 1.2 This manual does not constitute an employment contract. This manual creates no rights in any employee, and it creates no obligation on the part of the Court and/or County. The Court has the right to make changes in any or all of the policies and procedures outlined in the Manual unilaterally, in its sole discretion, without prior notice.

Section 1.3 The purpose of this personnel policy manual is to acquaint employees with the human resource policies and procedures and establish uniform procedures which will act as a guide for personnel action pertaining to judicial employees within the Court of Common Pleas of Carbon County. It is the responsibility of each employee to become familiar with these policies.

Section 1.4 The Department Heads and District Justices, in coordination with the District Court Administrator, or his/her designee, shall administer the provisions of this manual under the direction of the President Judge. These human resource policies and procedures shall be as consistent as practical with county policies and procedures.

Section 1.5 Questions regarding the interpretation of the policies and procedures shall be directed to the Department Head, District Justice, and the District Court Administrator.

Section 1.6 The personnel policy manual is applicable to all court employees as defined in each article of the policy.

Section 1.7 The personnel policy manual may not be applicable to a specific department due to unique situations; i.e., union contracts, special agreements approved by the President Judge, District Court Administrator and Department Head/District Justice before an employee is hired.

Section 1.8 Copies of this manual shall remain Court property, shall not be duplicated or given to non-Court personnel without the authority of the President Judge or designee, and shall be returned to the source from which obtained upon leaving Court employment.

ARTICLE 2

EQUAL EMPLOYMENT OPPORTUNITY

Section 2.1 The Court of Common Pleas of Carbon County is an Equal Opportunity Employer. Employment practices and policies including, but not limited to recruitment, selection, promotion, training, and retention of employees shall be implemented without regard to race, religion, color, national origin, sex, age, disability or any other status or condition protected by applicable state laws, except where a bona fide occupational qualification applies.

Section 2.2 Problems or complaints with regard to equal employment should be directed to the District Court Administrator or designee.

Section 2.3 The Court is committed to an Affirmative Action program to promote equal opportunity in every aspect of employment policy and practice.

Section 2.4 All employees should take proper measures to ensure that other employees are treated fairly during employment without regard to their race, color, religious creed, sex, age, national origin, or handicap.

Section 2.5 Court Administration periodically conducts analyses of all personnel actions to assure compliance with this policy.

Section 2.6 This policy should be known to all employees so that it may be considered in their dealings with the general public and their fellow employees.

ARTICLE 3

IMMIGRATION LAW COMPLIANCE

Section 3.1 The Court, through Carbon County, complies with the Immigration Reform and Control Act of 1986 and is committed to employing only United States citizens and aliens who are authorized to work in the United States.

Section 3.2 As a condition of employment, each new employee must properly complete, sign and date the first section of the Employment Eligibility Verification (Form I-9, Court Form 1). Before commencing work, newly rehired employees must also complete the form if they have not previously filed an I-9 with the County, if their previous I-9 is more than three years old, or if their previous I-9 is no longer valid.

ARTICLE 4

AMERICANS WITH DISABILITIES ACT

Section 4.1 The Court shall provide reasonable accommodations to those qualified individuals with a disability that may impair their ability to perform their job.

Section 4.2 The Americans with Disabilities Act defines the following terms:

1. Reasonable Accommodation: Any modification or adjustment that enables a qualified individual with a disability to be considered for the position such qualified individual desires, and which will not impose an undue hardship on the covered entity's business.

2. Qualified Individual: One who satisfies the requisite skill, experience and education requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

3. Essential Functions: Primary job duties that are intrinsic to the employment position the individual holds or desires.

4. Disability: A physical or mental impairment that substantially limits one or more of the major life activities (walking, seeing, hearing, speaking, breathing, learning, and working) of an individual, the perception of such a disability, or an association with a person with such a disability.

There is no finite or definitive list of disabilities that will fall under this policy. Each circumstance will be considered on its own merit and will be handled accordingly. This policy will apply to all current employees, as well as to job applicants.

Section 4.3 The Court will ensure that all managers, supervisors, employees, and job applicants are aware of this policy and that all adhere to it.

Section 4.4 It is the responsibility of any employee or applicant to initiate a request for a reasonable accommodation. The Court may request a reasonable accommodation for an employee, if it is believed such an accommodation will improve the employee's performance, but it has no obligation to do so.

If it is determined that an accommodation is necessary, the Court will provide one that is sufficient to meet the job related needs of the individual. It does not necessarily have to be the "best" accommodation possible.

Section 4.5 All requests for reasonable accommodation should be carried out in the following manner:

1. Submit request, in writing, to supervisor with an explanation for the request.

2. Submit medical documentation of the medical or physical impairment.

3. Should a satisfactory adjustment not be reached at one level, the employee shall follow the complaint procedure outlined in this manual.

Section 4.6 The time period for a decision concerning a request for reasonable accommodation will be one (1) week from date submitted to the Department Head and one (1) week from date submitted to District Court Administrator. If the employee wishes to appeal the decision further, final disposition of the request by the President Judge will take no longer than two (2) weeks after the District Court Administrator receives it.

Each case will be judged separately, on its own merit, and all information will be confidential.

ARTICLE 5

SEXUAL HARASSMENT

Section 5.1 Purpose: Sexual harassment, either physical or verbal, is a violation of the law. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, sex, age, or national origin. Sexual harassment is included among the prohibitions. The intent of this policy is to clarify the Court’s position in matters relating to compliance, discovery, and remedy.

Section 5.2 Policy: It is the intent of the Court to maintain a workplace free of sexual harassment from any source and to discourage any instance of malicious accusation. This policy applies to all employees of the Court, as well as non-employees who do business with the Court, i.e., County employees, attorneys, vendors, contractors, etc.

Section 5.3 Definition: Sexual harassment, according to the Federal Equal Employment Opportunity Commission (EEOC), consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical acts of a sexual or sex based nature where

(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(2) an employment decision is based on an individual’s acceptance or rejection of such conduct; or

(3) such conduct interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.

It is also unlawful to retaliate or take reprisal in any way against anyone who has articulated any concern about sexual harassment or discrimination against the individual raising the concern against another individual. Examples of conduct that would be considered sexual harassment or related retaliation are set forth in the Statement of Prohibited Conduct (Section 5.4) that follows. These examples are provided to illustrate the kind of conduct prescribed by this policy; however, the list is not exhaustive.

Sexual harassment is unlawful, and such prohibited conduct exposes not only the Carbon County Court of Common Pleas and the County of Carbon, but individuals involved in such conduct, to significant liability under the law. Employees at all times should treat other employees respectfully and with dignity in a manner so as not to offend the sensibilities of a co-worker. Accordingly, Court management is committed to vigorously enforcing its sexual harassment policy at all levels.

Section 5.4 Statement of Prohibited Conduct: The Court considers the following conduct to represent some of the type of acts which violate the sexual harassment policy:

A. Physical assaults of a sexual nature, such as:

1. Rape, sexual battery, molestation, or attempts to commit these assaults; and

2. Intentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee’s body or poking another employee’s body.

B. Unwanted sexual advances, propositions or other sexual comments such as:

1. Sexually oriented gestures, noises, remarks, jokes, or comments about a person’s sexuality or sexual experience directed at or made in the presence of any employee who indicates or has indicated in any way, that such conduct in his or her presence is unwelcome;

2. Preferential treatment or promise of preferential treatment to an employee for submitting to sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward;

3. Subjecting, or threats of subjecting, an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee’s job more difficult because of that employee’s sex.

C. Sexual or discriminatory displays of publications in the work place, such as:

1. Displaying pictures, posters, calendars, graffiti, objects, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning, or pornographic. A picture will be presumed to be sexually suggestive if it depicts a person of either sex who is not fully clothed or in clothes that are not suited to, or ordinarily accepted for the accomplishment of routine work at all county facilities, owned, or leased.

2. Displaying signs or other materials purporting to segregate an employee by sex in any area of the work place, other than restrooms and similar semi-private lockers/changing rooms.

D. Retaliation for sexual harassment complaints, such as:

1. Disciplining, changing work assignments, providing inaccurate work information to, or refusing to cooperate or discuss work related matters with any employee because that employee has complained about, or resisted harassment, discrimination or retaliation; and

2. Intentionally pressuring, falsely denying, lying about or otherwise covering up or attempting to cover up conduct such as that described in the item above.

E. Other acts:

1. The above is not to be construed as an all inclusive list of prohibited acts under this policy;

2. Sexual harassment is unlawful and hurts other employees. Any of the prohibited conduct described here is sexual harassment of anyone at whom it is directed or who is otherwise subjected to it. Each incident of harassment, moreover, contributes to a general atmosphere in which all persons who share the victim’s gender suffer the consequences. Sexually oriented acts or sex based conduct have no legitimate business purpose; accordingly, the employee who engages in such conduct should be and will be made to bear the full responsibility for such unlawful conduct.

Section 5.5 Procedures for Making, Investigating, and Resolving Sexual Harassment and Retaliation Complaints:

A. Complaints:

1. Complaints of acts of sexual harassment and retaliation that are in violation of the sexual harassment policy will be accepted in writing or orally, and anonymous complaints will be taken seriously and investigated. A complaint need not be limited to someone who was the target of harassment or retaliation. Anyone who has observed sexual harassment or retaliation should report it to their immediate supervisor. In the event that it would be inappropriate to report such concerns to one’s immediate supervisor, the report should be made to the District Court Administrator or President Judge. In the event that a female employee would prefer to report a concern about sexual discrimination or harassment to another female, the District Court Administrator or designee is designated as the proper person to receive such communications. In the event that a male employee would prefer to report a concern about sexual discrimination or harassment to another male, a male department head or Judge is designated as the proper person to receive such communications.

Only those who have an immediate need to know, including the person to whom a report was made, the alleged target of harassment or retaliation, the alleged harasser or retaliator, and any witnesses will or may find out the identity of the complainant. All parties contacted in the course of an investigation will be advised that all parties involved in a charge are entitled to respect and that any retaliation or reprisal against an individual who is an alleged target of harassment or retaliation who has made a complaint, or who has provided evidence in connection with a complaint, or any other person who has made a complaint, is a separate actionable offense and subject to discipline under this policy.

B. Cooperation:

An effective sexual harassment policy requires the support and example of personnel in positions of authority. The Court’s agents or employees who engage in sexual harassment or retaliation or who fail to cooperate with officially sponsored investigations of sexual harassment or retaliation may be severely sanctioned by suspension or dismissal. By the same token, officials who refuse to implement remedial measures, obstruct the remedial efforts of other court employees, and/or retaliate against sexual harassment complainants or witnesses may be immediately sanctioned by suspension or dismissal.

Section 5.6 Penalties for Misconduct: Any employee’s commission of acts of sexual harassment or retaliation against a sexual harassment complainant will result in appropriate sanctions, up to and including dismissal, against the offending employee, depending upon the nature and severity of the misconduct.

A written record of each action taken pursuant to this policy will be placed in the offending employee’s personnel file. The record will reflect the conduct, or alleged conduct, and the warning given, or other discipline imposed.

Section 5.7 Training: The District Court Administrator or designee shall be responsible for insuring that all managers and supervisors are fully trained in their responsibilities under this policy. This training should include all details of this policy. It should also attempt to sensitize managers and supervisors to the full range of practices that might constitute sexual harassment and to build sensitivity to the feelings of employees.

Section 5.8 Sexual Harassment Acknowledgement: Every employee must sign a Sexual Harassment Acknowledgement Form. See Form #3.

ARTICLE 6

INFECTIOUS DISEASES AND OTHER LIFE-THREATENING ILLNESSES

Section 6.1 The Court is committed to providing a nondiscriminatory and harassment-free work environment that allows employees with life-threatening diseases, such as but not limited to AIDS, cancer, or heart disease to continue working as long as their condition allows and they meet acceptable performance standards. Reasonable accommodations will be made to permit handicapped employees to maintain acceptable performance standards. We will endeavor to offer information regarding AIDS and other life-threatening illnesses to all employees as needed in order to maintain our commitment. Each employee of the Carbon County Court System is expected to support the dignity and self-respect of their co-workers. Unlawful discrimination or harassment against employees with illnesses as described above will not be tolerated and is subject to corrective action. The Court stands firm on continuing to provide a safe and healthy work environment for all its employees.

Section 6.2 Any incidents of unlawful discrimination, harassment, or compromise of human dignity should be promptly reported to the District Court Administrator or designee. An investigation will occur and appropriate corrective action taken.

Section 6.3 Employees desiring information or educational materials regarding AIDS/HIV infections and other life threatening diseases should contact the District Court Administrator.

ARTICLE 7

EMPLOYEE CLASSIFICATIONS

Section 7.1 The purpose of this article is to define the status of employee classifications.

Section 7.2 - REGULAR EMPLOYEES - An employee who is employed on a long-term basis with the Court.

Section 7.3 - TEMPORARY EMPLOYEES - An employee who is hired for an approved full-time Court position for a period of time, which is to be terminated at a specific date or occurrence.

Section 7.4 – FULL-TIME EMPLOYEES - An employee who is hired to work a minimum of 35 hours per week for an approved court position, who is either regular or temporary, and who is eligible for all benefits, including retirement plan.

Section 7.5 – PART-TIME EMPLOYEES - An employee who is hired for an approved Court position and is normally paid on an hourly basis for hours actually worked, not to exceed 20 hours.

Section 7.6 - PER DIEM EMPLOYEES - An employee who is hired for an approved Court position and is normally paid on a daily rate. Per diem employees are not eligible to participate in benefit or retirement plans.

Section 7.7 - Temporary full-time, temporary part-time, and regular part-time employees, while covered by all legally mandated benefits, are ineligible for the County's other benefit programs, with the exception of the Retirement and Deferred Compensation Plans. Employees are required to contribute to the Retirement Plan during the 12-month period commencing with their employment date and subsequent 12-month periods, during which they are expected to be scheduled to work at least 1,000 hours (20 hours per week).