6.1     PERSONAL CONDUCT

As a valuable and integral member of Okanogan County government, employees are expected to accept certain responsibilities, adhere to acceptable workplace principles in matters of personal conduct and exhibit a high degree of personal integrity, ethics, and professionalism at all times while on the job.

Employees of Okanogan County, regardless of whether public contacts are direct or indirect, are expected to be courteous, efficient, respectful, appropriately dressed and groomed, and helpful in all their work assignments.

Employees on the job shall not solicit any money, influence service or other things of value or otherwise aid or promote any political committee or the nomination or election of any person to public office while on the job during work hours.

An employee may seek or accept nomination, election or appointment to a political office; provided, however such nomination, election or appointment does not in any way create a conflict of interest or interfere with the employee’s regular duties with the County. The department head shall decide when a conflict of interest exists. In the event of such conflict of interest the employee may be placed on an approved leave of absence without pay for up to 180 days during the campaign.

6.3    CONFLICT OF INTEREST

When an individual accepts employment with the County, it is understood that the County has first call upon the services of its employees, regardless of any impingement upon secondary employment.

Employees shall not engage in outside employment that is incompatible with county employment, or will detract from the efficiency of work performance, or is in conflict with the interest of the County. Incompatible outside employment includes but is not limited to employment which creates an actual or potential conflict of interests between the duties of the County employee and the outside employment or outside employment with inhibits, disrupts or otherwise adversely affects the ability of the employee to perform the job for which the employee is employed by the County.

County employees may not use their position for personal or private gain when implementing or enforcing county, state or federal guidelines, regulations, ordinances or law.

6.4    EMPLOYEE CONDUCT

The employees of Okanogan County are expected to conduct themselves in a manner, which promotes a safe, healthful and productive work environment. Okanogan County is committed to the establishment and administration of rules in a fair, firm, consistent, and clearly communicated manner.

Types of job-related behavior, which Okanogan County considers inappropriate and therefore subject to corrective disciplinary action that may result in immediate termination include, but are not limited to, the following:

• Sale, distribution, possession, or use of drugs or alcohol on County property during working hours and/or while representing the County.

• Disorderly, abusive, or indecent conduct that causes disruption of the work environment, including fighting.

• Theft, destruction, neglect or unauthorized personal use of employee or County property, including telephone and e-mail usage.

• Insubordination involving abusive language or disrespectful behavior, refusal to comply with County policies, procedures, or supervisory instructions.

• Conviction of a felony.

• Conviction of a misdemeanor or gross misdemeanor provided the offense is relevant to the position.

• Falsifying or supplying misleading or inaccurate information in the County employment application or records.

• Violations of the Okanogan County Personnel Policies and Procedures Manual.

• Violations of the directives, policies, procedures, or practices established by the Appointing Authority to whom the employee reports.

• Failure to report to work without notification for a period of three (3) consecutive days.

• Failure to obtain or maintain a current license or certificate required by law or organizational standards as a condition of employment and/or abide by the conditions of said license or certification.

• Any act which endangers the safety, health or well being of another person, or which is of sufficient magnitude that the consequences cause or potentially cause disruption of work or gross discredit to the organization.

• Bribery or attempted bribery.

• Other such actions, offenses, or incidents deemed of sufficient reason to justify immediate dismissal.

6.5    HARASSMENT

6.5.1     Policy

It is the policy of Okanogan County to promote and support the individual human dignity of all its employees. It is the intent of Okanogan County to provide a work environment free from all verbal, physical and visual forms of harassment. All employees are expected to be sensitive to and respectful of their co-workers and others with whom they come into contact while representing the County.

Okanogan County prohibits all forms of harassment, whether due to race, religion, creed, color, national origin, sex, marital status, age, or the presence of any physical, mental or sensory handicap. Harassment of any employee is a serious violation of Okanogan County policy and will not be tolerated.

6.5.2 Definitions

Harassment can take many forms and can include slurs, comments, jokes, innuendoes, unwelcome compliments, pictures, cartoons, pranks or other verbal or physical conduct which is based upon a person’s protected status. (i.e. race, religion, creed, color, national origin, sex, marital status, age, or the presence of any physical, mental or sensory handicap)

Harassment:

Harassment based upon a person’s protected status, is prohibited by federal and state anti-discrimination laws and violates Okanogan County policy where it:

• Has the purpose of effect of creating an intimidating, hostile, or offensive working environment
• Has the purpose or effect of unreasonably interfering with an individual’s work performance; or
• Otherwise unreasonably affects an individual employment opportunity

Sexual Harassment:

Sexual harassment is a type of harassment and occurs when the verbal and physical conduct described above is sexual in nature or is gender-based, that is, directed at a person because of their gender. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature.

Sexual harassment violates federal and state law and is prohibited under Okanogan County’s harassment policy. Sexual harassment exists in the workplace when:

• Submission to the conduct is either explicitly or implicitly a term or condition of employment
• Submission to or rejection of the conduct is used as a basis for an employment decision affecting such individual;
• The conduct unreasonably interferes with the individual’s job performance or creates a work environment that is intimidating, hostile, or offensive.

Sexual Harassment includes but not limited to:

• Unwelcome verbal behavior such as comments, suggestions, jokes, or derogatory remarks based on sex
• Physical behavior such as pats, squeezes, repeatedly brushing against someone’s body, or impeding or blocking normal work or movement
• Posting of sexually suggestive or derogatory pictures, cartoons, or drawings, even at one’s work station;
• Unwanted sexual advances, pressure for sexual favors and/or basing employment decisions (such as an employee’s performance evaluation, work assignments, advancement) upon the employee’s acquiescence to sexually harassing behavior in the workplace.

Workplace Misconduct:

Workplace misconduct, which does not meet the definition of harassment as described above, is inappropriate or offensive conduct and is unwelcome, unsolicited and disrespectful of the individual. Workplace misconduct is prohibited by Okanogan County. Examples of workplace misconduct would be joking, teasing, spreading rumors, yelling, cursing, threatening, or conduct which has not become pervasive or egregious enough to meet the legal definition of harassment or sexual harassment.

Harassment, particularly sexual harassment, can be difficult to define. Misconceptions abound. For this reason, the County strongly urges employees to use the harassment reporting policy to report all incidents of harassment, sexual harassment or other inappropriate behavior as soon as possible. This policy is intended to assist the County in addressing not only illegal harassment, but also any conduct that is otherwise offensive and inappropriate and to support the County’s commitment to maintain a respectful and productive workplace for all employees.

6.5.3    Complaint Reporting and Investigation:

The County is committed to diligently enforcing its harassment policy by promptly and impartially investigating all complaints. When harassment is discovered, the County shall take appropriate disciplinary action, up to and including termination. The complaint procedure is designed to deal with complaints in a fair, discreet and timely manner to:

• Decide if the behavior alleged in the complaint took place and constitutes harassment which violates federal and/or state law and County policy or constitutes harassment in the form of inappropriate or offensive behavior which violates County policy.
• Stop the offending behavior.
• Restore the complainant’s working environment.
• Take steps to prevent retaliation and repetition of the harassment.
• Educate, sanction, or discipline the harasser consistent with the seriousness of the offense.

The following procedures are to be used for reporting and investigating harassment complaints:

• Any employee who feels victimized by harassment should report verbally or in writing that harassment to the employee’s supervisor immediately. If the employee’s immediate supervisor is the source of the alleged harassment, or is so closely associated with the source of the harassment that the employee does not feel comfortable reporting to that person, the employee may report the complaint to the department head, department head designee or the Administrative Coordinator.
• Any supervisor or department head who learns of or receives a complaint of harassment is obligated to report it to the Administrative Coordinator.
• If the complaint alleges harassment, the County is obligated by law to conduct a prompt and impartial investigation.
• The department head and/or Administrative Coordinator upon being informed about a harassment complaint shall take immediate and appropriate action to ensure any inappropriate behavior is not repeated during the investigation.
• The investigation shall be conducted by the Administrative Coordinator or the Administrative Coordinator may refer the investigation to legal counsel and/or a qualified independent investigator.

• The investigation may include, but is not limited to, obtaining all factual evidence, conducting interviews and obtaining witness statements, determining whether a reasonable basis exists for the allegations of harassment, determining if there has been a violation of federal or state law and/or County policy, and affording the accused the opportunity to respond verbally or in writing to the allegations. The investigation should include a written report. If harassment is found to have occurred, recommendations for remedial action shall be made.
• The investigation should be conducted carefully and discretely to protect all employees questioned and all information gathered. Confidentiality during an investigation is not guaranteed but the investigator, to the extent possible, shall conduct the investigation to protect the privacy of those involved and relate facts only on a need to know basis. Every effort shall be made to conduct the investigation promptly so as to respect the rights of all individuals involved.
• Upon completion of the investigation and based upon the findings of the investigation and the conclusions of the written report, the department head and/or Administrative Coordinator shall promptly relay the results of the investigation to the accused and the complainant.
• If the investigation finds that harassment has occurred, the County shall take appropriate corrective disciplinary action, which may include but not limited to, verbal and/or written warnings, probation, suspension, demotion and/or termination. The County is obligated and shall take all steps necessary to effectively remedy harassment that was found during an investigation.

• No employee shall be subject to any form of retaliation or discipline for pursuing a harassment complaint. The County shall insure that complainants and witnesses shall suffer no retaliation as a result of their involvement in the investigation.
• If the investigation does not find that harassment occurred or that the alleged incident(s) did not constitute harassment, the matter shall be referred back to the department head or elected official for further appropriate action. For example, if workplace misconduct may have occurred but not harassment, the department head or elected official shall act upon the findings set forth in the investigation report.
• An employee found to have reported harassment in bad faith or intentionally or willfully falsely reported harassment shall be subject to disciplinary action.

  6.6    DISCRIMINATION

The County recognizes that it has a responsibility to provide equal employment opportunities regardless of race, color, national origin, religion, physical or mental handicaps, and disabilities, sex or age, or marital status. Employees who have a complaint relating to discrimination are entitled to the same due process rights as set forth in Section 6.5.

It is the policy of Okanogan County to provide for an orderly process whereby employees may have their complaints considered as fairly and rapidly as possible without fear of repercussion. The complaint resolution procedure is confined to violations of County policy affecting the complainant. Complaints related to harassment and discrimination are to be processed under Section 6.5. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.

6.7.2    Complaint Resolution Procedure

The complaint resolution procedure for employees is as follows:

• The County encourages employees to promptly report any complaint in writing to his/her immediate supervisor. In the event the employee cannot start with the immediate supervisor, he/she shall be entitled to commence the process at whatever level of supervisory command is most appropriate. The complaint shall refer to the County policy alleged to have been violated, the remedy or correction requested, and shall adequately set forth the facts pertaining to the alleged violation.

• The supervisor and/or department head should meet with the employee/employees involved and attempt to resolve the situation in the simplest and most direct manner and should respond in writing to the employee/employees with his/her decision within thirty (30) days.

• If no resolution is achieved within the department within thirty (30) days, the complaining party may file the complaint in writing with the Administrative Coordinator.
• The Administrative Coordinator shall review the complaint and all relevant materials and responses. The Administrative Coordinator may meet with the complainant to gather more information and/or to attempt to resolve the situation. A written final decision as to the validity of the complaint and description of the recommended resolution, if any, shall be issued by the Administrative Coordinator within thirty (30) days and a copy forwarded to the department head or elected official and complainant.
• If the Administrative Coordinator determines that the complaint relates to possible prohibited discrimination, the complaint shall be promptly investigated by the Administrative Coordinator or qualified independent investigator selected by the Administrative Coordinator. A written report shall be made of the investigation. The parties in a discrimination complaint are entitled to the same due process rights as set forth in Section 6.5.

6.8    PRIVACY AND ACCESS TO INFORMATION

Okanogan County believes in respecting the rights and dignity of each employee and in the protection of the individual’s right to privacy. Personnel records are maintained on employees as required by current employment laws. Employee records and recruitment files are required to be maintained for three years.

No material of a negative or derogatory nature shall be placed in an employee’s file unless the employee has had a reasonable opportunity to review the material. Employees shall be required to sign such material to indicate they have reviewed it. If the employee refuses to sign any such material, the material may be placed in the employee’s personnel file with a notation that the employee refused to sign for such materials after being given the opportunity to do so.

Employees may include in their personnel file any relevant materials they wish, such as (but not limited to) letters of favorable comment, certificates, licenses and academic credentials.

Employees may inspect and review their personnel files, excluding confidential reports from previous employers or records of an employee relating to the conviction, arrest or investigation of conduct constituting a violation of the criminal laws of the State of Washington, or another state of the United States. The employee must arrange with his/her supervisor for a mutually convenient time to examine his/her records. Employees shall not be entitled to remove any information from the file.

Employees may protest, or comment upon, in writing, any material placed in their personnel files. Such protest/comments shall be placed in the personnel file.

Personnel Files are exempt from disclosure to persons other than the employee under provisions of 42.17.310 Revised Code of Washington, if disclosure would constitute an unreasonable invasion of privacy. Information in personnel files regarding employee misconduct is subject to public disclosure under the Public Disclosure Act. Employee information shall in no case be given over the telephone, other than employment dates and job title. Verification of employment requesting other confidential information must be in writing and signed by the employee, authorizing release of information. Work reference requests, both for present and terminated employees, must be in writing and signed by the employee, authorizing release of information. Release of information in the form of duly authorized and served requests from law enforcement, state and federal regulatory agencies, or court orders shall not require written consent of the employee.

The County is required to maintain all employee medical information in a separate, confidential file. Therefore in addition to personnel files, the County shall maintain a separate medical file for each employee.

It is the policy of Okanogan County to provide a safe and peaceful workplace all employees and to minimize the risk of personal injury to employees at work and damage to County property.

Okanogan County does not expect each employee to become an expert in psychology or to physically subdue a threatening or violent individual. The County discourages employees from engaging in a physical confrontation with a potentially violent individual. The County expects that employees shall execute reasonable judgment in identifying potentially dangerous situations and recognize that before actual physical acts of violence occur, behaviors are often exhibited where

• Co-workers display overt resentment, anger, and hostility;
• Co-workers display signs of extreme stress;
• Co-workers make ominous threats;
• Co-workers’ performance deteriorates suddenly and or significantly;
• Co-workers display irresponsible, irrational, or inappropriate behavior; and;
• Co-workers have access to weapons, know how to use them, discuss them in the workplace, and/or brandish weapons in the workplace.

Threats, threatening, language, or any other acts of aggression or violence made toward or by any employee shall not be tolerated. For purposes of this policy, threat includes any verbal or physical harassment, attempts to intimidate or instill fear in others, menacing gestures, flashing of concealed weapons, stalking, or other hostile or destructive behaviors. Any employee determined to have committed such acts shall be subject to disciplinary action, up to and including termination. Non-employees engaged in violent acts on the employer’s premises shall be reported to the proper authorities and fully prosecuted.

All potentially dangerous situations, including threats, shall be reported to the supervisor or designee. Reports of threats may be made anonymously and all incidents shall be investigated and appropriate action shall be taken depending on the circumstances. Reports or incidents warranting confidentiality shall be handled appropriately and information shall be disclosed to others only on a need-to-know basis. Written reports of investigations shall be made and retained by the department head.

Employees who confront or encounter an armed or dangerous person should not attempt to challenge or disarm the individual. Employees should remain calm, make constant eye contact and talk to the individual. If a supervisor can be safely notified of the need for assistance without endangering the safety of the employee or others, such notice should be given. Otherwise, cooperate and follow the instructions given. The County’s first objective is to maintain the safety of all its employees to the extent feasible. The County therefore, should not engage in any conduct that would serve to escalate a hostile or threatening situation.