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Eagle County Employee Handbook 2016
Eagle County Employee Handbook 2016
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E A G L E
C O U N T Y
EMPLOYEE
HANDBOOK
2016
EAGLE COUNTY GOVERNMENT
500 Broadway
P.O. Box 850
Eagle, CO 81631
970-328-8790
www.eaglecounty.us/hr/
TABLE OF CONTENTS
IMPORTANT .....................................................................................................................3
From The County Manager/Mission/Values ......................................................................4
Behaviors .............................................................................................................................5
EMPLOYMENT
EEO/Harassment/Nondiscrimination Policy .......................................................................6
Sexual Harassment ...............................................................................................................6
ADA/Religious Accommodation .........................................................................................7
Nursing Mothers ..................................................................................................................7
Complaint Procedure ...........................................................................................................7
Employee Status...................................................................................................................8
EMPLOYEE BENEFITS
Insurance ..............................................................................................................................8
Retirement ............................................................................................................................9
Holidays ...............................................................................................................................9
Employee Bus Pass ............................................................................................................10
Paid Medical Leave............................................................................................................10
Short Term Disability ........................................................................................................10
Light ..................................................................................................................................10
Personal Leave ...................................................................................................................10
Flexible Work Arrangements .............................................................................................11
LEAVES OF ABSENCE
Administrative Leave .........................................................................................................13
Domestic Abuse Leave ......................................................................................................13
Funeral Leave.....................................................................................................................13
Jury Duty............................................................................................................................13
Voting ................................................................................................................................14
Military Leave ....................................................................................................................14
Family Medical Leave .......................................................................................................14
PAY
Paydays ..............................................................................................................................17
Overtime ............................................................................................................................17
Pay for Exempt Employees ................................................................................................17
Meal Periods ......................................................................................................................18
Time Reporting ..................................................................................................................18
Business Reimbursement ...................................................................................................18
Employment of Relatives ...................................................................................................18
WORK ENVIRONMENT
Alcohol and Drugs .............................................................................................................18
Anti-Violence .....................................................................................................................22
Attendance and Punctuality ...............................................................................................22
Information Systems ..........................................................................................................23
IMPORTANT
THIS HANDBOOK IS DESIGNED TO ACQUAINT EMPLOYEES WITH EAGLE
COUNTY GOVERNMENT AND PROVIDE SOME INFORMATION ABOUT
WORKING HERE. THE HANDBOOK IS NOT ALL INCLUSIVE, BUT IS INTENDED
TO PROVIDE EMPLOYEES WITH A SUMMARY OF SOME OF THE COUNTYS
GUIDELINES. THIS EDITION REPLACES ALL PREVIOUSLY ISSUED EDITIONS.
EMPLOYMENT WITH EAGLE COUNTY GOVERNMENT IS AT-WILL.
EMPLOYEES HAVE THE RIGHT TO END THEIR WORK RELATIONSHIP WITH
THE COUNTY, WITH OR WITHOUT ADVANCE NOTICE FOR ANY REASON. THE
COUNTY HAS THE SAME RIGHT. THE LANGUAGE USED IN THIS HANDBOOK
AND ANY VERBAL STATEMENTS MADE BY MANAGEMENT SHALL NOT
CONSTITUTE A CONTRACT OF EMPLOYMENT, EITHER EXPRESS OR IMPLIED,
NOR ARE THEY A GUARANTEE OF EMPLOYMENT FOR A SPECIFIC DURATION.
NO REPRESENTATIVE OF EAGLE COUNTY GOVERNMENT, OTHER THAN THE
COUNTY MANAGER, HAS THE AUTHORITY TO ENTER INTO AN AGREEMENT
OF EMPLOYMENT FOR ANY SPECIFIED PERIOD AND SUCH AGREEMENT MUST
BE IN WRITING, SIGNED BY THE COUNTY MANAGER AND THE EMPLOYEE.
NO EMPLOYEE HANDBOOK CAN ANTICIPATE EVERY CIRCUMSTANCE OR
QUESTION. AFTER READING THE HANDBOOK, EMPLOYEES THAT HAVE
QUESTIONS SHOULD TALK WITH THEIR IMMEDIATE SUPERVISOR OR THE
HUMAN RESOURCES DIRECTOR. IN ADDITION, THE NEED MAY ARISE TO
CHANGE THE GUIDELINES DESCRIBED IN THE HANDBOOK. THE COUNTY
THEREFORE RESERVES THE RIGHT TO INTERPRET THE GUIDELINES OR TO
CHANGE THEM WITHOUT PRIOR NOTICE, EXCEPT FOR THE AT-WILL
NATURE OF THE EMPLOYMENT.
Working together as a County Team thinking beyond individual departments and work
units
Excellence
Going the extra mile to produce the best possible service or product
Service
Striving to exceed customers' expectations
EMPLOYMENT
Equal Employment Opportunity (EEO), Title VI Nondiscrimination and Harassment
Eagle County (County) is committed to compliance with Title VI of the Civil Rights Act of 1964 and
related statutes. It is the policy of the County that no person shall on the grounds of race, color, gender,
national origin, religion, sex, sexual orientation, disability or age, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination in any operation of Eagle County Government as
provided by Title VI of the Civil Rights Act of 1964 and related statutes. The complete Title VI Plan and
Policy Statement appear on the Eagle County website.
All employees of the County are expected to consider, respect, and observe this policy in their daily work
and duties. If a citizen approaches you with a question or complaint, direct him or her to the Deputy
County Manager and Eagle County Civil Rights Coordinator.
The County strives to maintain a work environment free of unlawful harassment. In doing so, the County
prohibits unlawful harassment because of age 40 and over, race, sex, color, religion, national origin,
disability, sexual orientation, marital status, genetic information, or any other applicable status protected
by state or local law. Harassment includes verbal or physical conduct that has the purpose or effect
Written form such as cartoons, e-mail, posters, calendars, notes, drawings, letters, or
photographs.
This policy applies to all employees including managers, supervisors, co-workers, and nonemployees such as customers, clients, vendors, consultants, etc.
Sexual Harassment
Because sexual harassment raises issues that are to some extent unique in comparison to other
harassment, the County believes it warrants separate emphasis.
The County strongly opposes sexual harassment and inappropriate sexual conduct. Sexual
harassment is defined as unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature, when:
Submission to or rejection of such conduct is used as the basis for decisions affecting an
individuals employment.
Such conduct has the purpose or effect of substantially interfering with an individuals
work performance or creating an intimidating, hostile, or offensive work environment.
All employees are expected to conduct themselves in a professional and businesslike manner at
all times. Conduct which may violate this policy includes, but is not limited to, sexually implicit
or explicit communications whether in:
Written form, such as cartoons, e-mail, posters, calendars, notes, drawings, letters, or
photographs.
Verbal form, such as comments, jokes, foul or obscene language of a sexual nature,
gossiping, or questions about anothers sex life, or repeated unwanted requests for dates.
Physical gestures and other nonverbal behavior, such as unwelcome touching, grabbing,
fondling, kissing, massaging, and brushing up against anothers body.
Complaint Procedure
If you believe there has been a violation of the EEO or Title VI Nondiscrimination policy or
harassment based on the protected classes outlined above, including sexual harassment, please
use the following complaint procedure. The County expects employees to make a complaint as
soon as possible, usually within two working days, to enable the County to investigate and
correct any behavior that may be in violation of this policy.
Report the incident to the Executive Director of Human Resources or the County Manager who
will investigate the matter and take corrective action. Your complaint will be kept as confidential
as practicable. If you prefer not to go to either of these individuals with your complaint, you
should report the incident to the County Attorney. If you need to make a complaint after regular
business hours please contact the County Attorney at 328-9010.
The County prohibits retaliation against an employee for filing a complaint under this policy or
for assisting in a complaint investigation. If you perceive retaliation for making a complaint or
your participation in the investigation, please follow the complaint procedure outlined above.
The situation will be investigated.
If the County determines that an employees behavior is in violation of this policy, disciplinary
action will be taken, up to and including termination of employment.
ADA and Religious Accommodation
The County will make reasonable accommodation for qualified individuals with known
disabilities and employees whose work requirements interfere with a religious belief unless
doing so would result in an undue hardship to the County or a direct threat to the health or safety
of others that cannot be eliminated by reasonable accommodation. Employees needing such
accommodation are instructed to contact their supervisor or Human Resources Department
immediately to begin an interactive discussion regarding a reasonable accommodation.
Nursing Mothers
The County will comply with the Workplace Accommodations for Nursing Mothers Act by
providing reasonable time for nursing mothers to express milk, make reasonable efforts to
provide suitable and private space for this purpose, and not discriminate against women for
expressing milk in the workplace.
Employee Status
Full time Employee - an employee normally scheduled to work at least 40 hours per week.
and/or designated as .75 FTE (30 hours per week) or above. Full time employees are currently
eligible for County benefits.
Part time Employee - an employee normally scheduled to work less than a 40 hour workweek
and/or designated as a 0.5 - .74 FTE (20-29 hours per week) are currently eligible for prorated
holiday, medical and personal leave. Part time employees designated as .01-.49 FTE (less than
20 hours per week) are currently ineligible for county benefits unless required under the
Affordable Care Act (ACA). Benefit eligibility will be determined on a case by case basis per
ACA guidelines.
Temporary Employee - an employee who is hired in a job established for a temporary period or
for a specific assignment. Temporary employees are typically ineligible for County benefits
unless required under the Affordable Care Act (ACA). Benefit eligibility will be determined on a
case by case basis per ACA guidelines.
Seasonal Employee - an employee who is hired into a position to work during a specific season
during a 12 month period. Seasonal employees are typically ineligible for County benefits unless
required under the Affordable Care Act (ACA). Benefit eligibility will be determined on a case
by case basis per ACA guidelines.
Exempt Employee - an employee who is not eligible for overtime pay.
Nonexempt Employee - an employee who is eligible for paid overtime at one and one-half times
their regular rate of pay for hours worked in excess of 40 per work week or 12 hours per day.
EMPLOYEE BENEFITS
Medical/Dental/Vision/Life Insurance
Eligibility on hire:
On the first day of the month following thirty (30) days of employment, .75-1.0 FTE employees
are currently eligible to participate in group medical/dental, vision, and life insurance programs.
Detailed descriptions of each plan are available from the Human Resources Department and on
Econet.
Eligiblility upon re-hire:
An employee who terminates employment in good standing and is re-hired within 13 consecutive
weeks is eligible to reinstate benefits with no waiting period. Accrual levels will return to the
levels they were when the employee terminated in good standing.
Many major life events effect eligibility for insurance coverage, these events must be reported to
the Human Resources Department within thirty (30) days of the event to ensure continuous
coverage. Births, adoptions, marriages, divorces, college graduation, and loss of insurance
coverage through a spouse are common examples of events that effect coverage eligibility and
that need to be reported to the Human Resources Department.
Retirement
Eagle County Government is a member of Colorado County Officials and Employee Retirement
Association (CCOERA). All regular employees working 30 hours or more per week (.75 -1.0
FTE) are required to participate in the retirement program as a condition of employment
beginning with the first pay period. Eagle County Government contributes 3- 6% of an
employees compensation excluding overtime and bonus pay based on the amount the employee
choses to contribute. Employees may self-direct their contributions into certain investments as
allowed by CCOERA. Vesting occurs at 25% per year starting with your first year. Temporary
employees are not eligible for this benefit.
Details on other County benefits such as health care and dependent flexible spending accounts,
short and long term disability, tuition reimbursement, the employee assistance program and
others are available from the Human Resources Department.
Holidays
The County currently observes eleven, eight hour, holidays per year as days off with pay as
follows:
o New Year's Day
o Martin Luther King, Jr. Day
o Presidents Day
o Memorial Day
o Independence Day
o Labor Day
o Fall Break
o Veteran's Day
o Thanksgiving Day
o Friday after Thanksgiving
o Christmas Day
When a holiday falls on a Saturday, it is observed on the preceding Friday. When the holiday
falls on a Sunday, the following Monday is observed. In order to receive holiday pay, an
employee must have paid time the day before and the day after the holiday.
Holiday time is not counted as hours worked in the computation of overtime. Full time
employees not scheduled to work on the holiday will receive eight hours of holiday pay at their
regular rate of pay. Holiday pay for part time employees is prorated based on their regularly
scheduled work hours.
Full-time, non-exempt employees who are regularly scheduled and required to work on a county
designated holiday will receive a straight time match of holiday hours equal to hours actually
worked with a minimum of 8 hours. For example, an ECO bus driver working 12 hours on
Thanksgiving will be paid 12 hours for hours worked and an additional 12 hours of straight time
holiday pay for that day. The 12 hours actually worked will be counted in overtime calculations.
The 12 hours of holiday pay will not.
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schedule. Part time employees that are currently eligible for personal leave will earn leave
prorated by the number of hours they work.
Length of Service
0 through completion of year 2
3 through completion of year 4
5 through completion of year 9
10 + years
Although employees begin earning personal leave immediately upon hire, accrued leave does not
vest and cannot be used until the employee has completed three months of employment.
Personal leave accrual is capped at 240 hours. Employees are responsible for monitoring their
personal leave balance. Personal time may be taken in increments of one-half hour.
Employees are responsible for submitting request for personal leave to their Department Director
or Elected Official at least 30 days in advance to the time request off. Department Directors and
Elected Officials have the discretion to approve or deny requests for personal leave to ensure the
successful operations of the department. Personal leave time will not be counted in the
computation of overtime.
Upon separation of employment, employees receive pay for earned unused personal leave if they
have been employed by the county at least three months.
Flexible Work Arrangements
In an effort to provide job flexibility to employees, where possible, in the schedule they work,
the amount of hours they work, and the places they do their work, Eagle County Government has
implemented the following procedures. Eagle County Government recognizes its employees
may desire flexible work arrangements for any number of reasons including child care, elder
care, medical treatment, education and training, volunteerism, older workers not ready to retire
but wanting a lighter load, faith-based practices, and those working more than one job to make
ends meet.
I.
II.
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d. In any FWA employees will be expected to meet the same performance standards
as those not working in FWA.
e. An employee will not be granted an FWA unless his or her prior performance has
demonstrated the skills and qualities necessary to succeed in the proposed FWA.
New employees may be hired into FWA if the arrangement meets the business
needs of the department at the time of hire, with the understanding that such an
arrangement may be changed if the business needs dictate.
f. Employees who request telecommuting as part of an FWA should ensure a safe
and suitable workspace that is appropriately confidential and free of distractions
and interruptions.
g. All FWA are subject to ongoing review and may be terminated at any time, given
cause, or when business needs dictate.
III.
Flexibility Options
a. Adjusted meal period. An arrangement that allows a full-time employee to extend
their meal period up to a maximum of two hours a day, but still work a full day.
b. Compressed work week. An arrangement that condenses one or more standard
workweeks into fewer, longer days.
c. Flextime. An arrangement that allows a full-time employee to work variable
starting and ending times within limits set by the department director. The
employee still works the same number of hours as they would under a traditional
arrangement
d. Job-Sharing. An arrangement in which two or more part-time employees share the
responsibilities of one full-time job at a pro-rated salary.
e. Telecommuting. An arrangement that allows an employee to work from home or
an alternative work site for a portion of their work schedule using technology to
connect them to their department.
f. Flexible Work Arrangement. An arrangement that allows an employee to have an
alternative work schedule such as a reduced hour schedule under this policy.
IV.
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difference between jury duty pay and their regular pay up to a maximum eight hours a day, forty
hours a week and 30 days total (240 hours). Jury duty leave beyond this time is without pay
from the county.
Voting
Voting is an important responsibility we all assume as citizens. We encourage employees to
exercise their voting rights in all municipal, state and federal elections.
Under most circumstances, it is possible for employees to vote either before or after work. If it is
necessary for employees to arrive late or leave work early to vote in any election, employees
should arrange with their supervisor/manager no later than the day prior to Election Day.
Military Leave
Employees granted a military leave of absence are reinstated and paid in accordance with the
laws governing veterans re-employment rights.
Family and Medical Leave (FMLA)
The county provides up to 12 weeks of unpaid, job-protected leave to eligible employees for the
following reasons:
Incapacity due to pregnancy, prenatal medical care or child birth;
To care for the employees child after birth, or placement for adoption or foster care;
To care for the employees spouse, lawfully married same-sex spouse, civil or domestic
partner, son or daughter, or parent, who has a serious health condition;
Serious health condition that makes the employee unable to perform the employees
job.
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continue to pay their portion of any insurance premium while on leave. If the employee is able
but does not return to work after the expiration of the leave, the employee will be required to
reimburse the county for payment of insurance premiums during leave.
Upon return from FMLA leave, most employees are restored to their original or equivalent
positions with equivalent pay, benefits, and other employment terms. Certain highly
compensated employees (key employees) may have limited reinstatement rights.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the
start of an employees leave. As with other types of unpaid leaves, paid leave will not accrue
during the unpaid leave. Holidays, funeral leave, or employers jury duty pay are not granted on
unpaid leave.
FMLA Eligibility Requirements
Employees are eligible if they have worked for the county for at least 12 months, for 1,250 hours
over the previous 12 months, and if they work at a work site with at least 50 employees within 75
miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that
involves either an overnight stay in a medical care facility, or continuing treatment by a health
care provider for a condition that either prevents the employee from performing the functions of
the employees job, or prevents a qualified family member from participating in school or other
daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of
incapacity of more than three consecutive full calendar days combined with at least two visits to
a health care provider or one visit and a regimen of continuing treatment, or incapacity due to
pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of
continuing treatment.
FMLA Leave Use
The maximum time allowed for FMLA leave is either 12 weeks in the 12-month period as
defined by the county, or 26 weeks as explained above. The county uses the 12-month period
measured from the first day of the employees leave.
Spouses, lawfully married same-sex spouses, civil or domestic partners employed by the same
employer are limited in the amount of family leave they may 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. In addition, spouses, lawfully married
same-sex spouses, civil or domestic partners working for the same employer are also limited to a
combined total of 26 weeks of leave to care for a covered service member with a serious injury
or illness.
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must make
reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the
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Countys operations. Leave due to qualifying exigencies may also be taken on an intermittent
basis.
Employees taking intermittent or reduced schedule leave based on planned medical treatment
and those taking intermittent or reduced schedule family leave with the Countys agreement may
be required to temporarily transfer to another job with equivalent pay and benefits that better
accommodates that type of leave.
Substitution of Paid Leave for Unpaid Leave
The County requires employees to use accrued paid leave (medical and personal time) while
taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with
the Countys normal paid leave policies. If an employee fails to follow the Countys policies, the
employee cannot use accrued paid leave, but can take unpaid leave. FMLA leave is without pay
when paid leave benefits are exhausted.
Employee FMLA Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need
is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as
practicable and generally must comply with the Countys normal call-in procedures.
Employees must provide sufficient information for the County to determine if the leave may
qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient
information may include that the employee is unable to perform job functions, the family
member is unable to perform daily activities, the need for hospitalization or continuing treatment
by a health care provider, or circumstances supporting the need for military family leave.
Employees also must inform the County if the requested leave is for a reason for which FMLA
leave was previously taken or certified.
Employees may also be required to provide a certification and periodic recertification supporting
the need for leave. The County may require second and third medical opinions at the Countys
expense. Documentation confirming family relationship, adoption or foster care may be required.
If notification and appropriate certification are not provided in a timely manner, approval for
leave may be denied. Continued absence after denial of leave may result in disciplinary action in
accordance with the Countys attendance guideline. Employees on leave must contact the Human
Resources Manager at least two days before their first day of return.
County FMLA Role
The County will inform employees requesting leave whether they are eligible under FMLA. If
they are, the notice will specify any additional information required as well as the employees
rights and responsibilities. If they are not eligible, the County will provide a reason for the
ineligibility. The County will inform the employee if leave will be designated as FMLA
protected and the amount of leave counted against the employees leave entitlement. If the
County determines that the leave is not FMLA protected, the County will notify the employee.
The County will not interfere with, restrain, or deny the exercise of any right provided under
FMLA. The County will not discharge or discriminate against any person for opposing any
practice made unlawful by FMLA or for involvement in any proceeding under or relating to
FMLA.
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Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private
lawsuit against the County.
FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state
or local law or collective bargaining agreement which provides greater family or medical leave
rights.
PAY
Paydays
Employees are paid every other Thursday. If the regular payday occurs on a holiday, the payday
is the last working day prior to the holiday. On each payday, employees receive a statement
showing gross pay, deductions and net pay. Automatic deductions such as additional tax
withholding, contributions to voluntary benefit plans and individual savings plans may be
arranged through the Human Resources Department. For the employees convenience, we offer
the option of having their paycheck automatically deposited to their bank account.
Overtime
Overtime is defined as any hours worked over 40 in one work week. The County work week
begins at 12:01 a.m. on Sunday and ends at 12:00 midnight on Saturday. Non-exempt employees
are paid at the rate of one and one-half (1 1/2) times their regular hourly rate for hours worked in
excess of 40 during the established work week. For purposes of calculating overtime payments,
only hours actually worked are counted. Hours not worked such as holidays, personal or medical
leave or any other paid leave are not counted as hours worked when computing overtime and will
be paid at the employees regular hourly rate. Worked holidays will be paid as straight time and
employees will also receive holiday pay. All leave with the exception of holiday will be reduced
by the hours over 40 for a week. In other words, no leave hours other than holiday can take an
employee over 40 hours in a week.
Most exempt employees are not eligible for overtime and they are expected to work the normal
40 hours work week, plus whatever additional time may be required due to the demands of the
job. Department Directors or Elected Officials may grant exempt employees administrative
leave.
Pay for Exempt Employees
Exempt employees must be paid on a salary basis. This means exempt employees will regularly
receive a predetermined amount of compensation each pay period on a weekly basis. The
County is committed to complying with salary basis requirements which allows properly
authorized deductions.
If you believe an improper deduction has been made to your salary, you should immediately
report this information to the Human Resources Department. Reports of improper deductions
will be promptly investigated. If it is determined that an improper deduction has occurred, you
will promptly be reimbursed.
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Meal Periods
Each County employee is strongly encouraged to take a meal break of at least thirty minutes each
work day. The County does not pay employees for this time. Meal periods may not be
accumulated or taken at the beginning or end of the day on a regular basis. Nor may an
employee regularly not take at least a thirty-minute unpaid break each day.
Time Reporting
Non-exempt employees must record time worked on a daily basis. Time clock entries are used
for calculating employees pay.
Business Expense Reimbursement
In order to be reimbursed for business expenses employees must turn in a detailed receipt (not
just the total charge). There is no longer a per diem amount for meals or lodging, rather actual
expenses in these areas will be reimbursed up to $20 for each breakfast and lunch and $30 for
dinner. A 15% tip is recommended. Total meals, including tips, should not exceed $70 per day.
Remember the county will not reimburse for alcoholic beverages. Lodging will be reimbursed
for mid-range accommodations in the specific location. Questions on what is acceptable for
reimbursement should be discussed with your direct supervisor before the cost is incurred.
Employment of Relatives
An employee may not supervise or be in the line of supervision for a relative by blood or by
marriage. Immediate family members may not work in the same department together unless
such working arrangement has been approved by the County Manager in consultation with the
Human Resources Department. Immediate family is defined as the employees spouse, lawfully
married same-sex spouse, domestic or civil union partner, parents, legal guardian, children,
sisters, brothers, grandparents, grandchildren, and all step and in law versions of the same.
WORK ENVIRONMENT
Alcohol and Drugs
Alert and rational behavior is required for the safe and adequate performance of job duties.
Therefore, working after the apparent use of alcohol, a controlled substance or abuse of any other
substance, including marijuana, is prohibited. Furthermore, the possession, purchase, or
consumption (use) or sale of a controlled substance or alcohol on County premises or while
conducting County business is prohibited.
Employee Assistance and Drug-Free Awareness
Illegal drug use and alcohol or marijuana misuse have a number of adverse health and safety
consequences. Information about those consequences and sources of help for drug/alcohol
problems is available from the Human Resources Department. Staff in the Human Resource
Department has been trained to make referrals and assist employees with drug/alcohol problems.
Eagle County will assist and support employees who voluntarily seek help for such problems
before becoming subject to discipline and/or termination under this or other Eagle County
policies. Such employees will be allowed to use accrued paid time off, placed on leaves of
absence, referred to treatment providers, and otherwise accommodated as required by law. Such
employees may be required to document that they are successfully following prescribed
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treatment and to take and pass follow-up tests if they hold jobs that are safety-sensitive or require
driving.
Employees should report to work fit for duty and free of any effects of illegal drugs, alcohol or
marijuana. This policy does not prohibit employees from the lawful use and possession of
prescribed medications. Employees must, however, consult with their doctors about the
medications effect on their fitness for duty and ability to work safely and promptly disclose any
work restrictions to their supervisor. Employees should not, however, disclose underlying
medical conditions unless directed to do so.
Drug and Alcohol Testing
Eagle County Government is committed to providing a safe, quality-oriented, and productive
work environment consistent with the standards of the community in which we serve. Alcohol
and drug abuse pose a threat to the health and safety of Eagle County employees and its citizens,
and to the preservation of our equipment and facilities. For these reasons, Eagle County is
committed to maintaining a drug and alcohol free workplace.
This policy outlines the practices and procedures designed to handle instances of possible
alcohol and/or drug use in the workplace, and the testing which may be required. This policy
applies to all employees of Eagle County. The Human Resources Department is responsible for
policy administration.
Work Rules
1. Whenever employees are working, are operating any Eagle County vehicle, are present
on Eagle County premises, are conducting County related work off-site, or are wearing
any uniform identifying them as an Eagle County employee, they are prohibited from:
using, possessing, buying, selling, manufacturing or dispensing an illegal drug
(to include possession of drug paraphernalia);
being under the influence of alcohol or an illegal drug as defined in this policy;
and
possessing or consuming alcohol or marijuana.
2. The presence of any detectable amount of any illegal drug or illegal controlled
substance in an employees body systems, or the presence of an illegal drug that in any
way impairs the performance of County business, in Eagle Countys sole discretion, is
prohibited.
3. Eagle County will also not allow any employee to perform his or her duties while
taking prescribed drugs that are adversely affecting the employees ability to safely and
effectively perform his or her job duties. Employees taking a prescribed medication must
carry it in the container labeled by a licensed pharmacist or be prepared to produce this if
asked.
4. Any illegal drugs or drug paraphernalia may be turned over to an appropriate law
enforcement agency and may result in criminal prosecution.
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Required Testing
Reasonable Suspicion: Employees are subject to testing based upon (but not limited to)
observations by a supervisor of apparent workplace use, possession or impairment. Human
Resources, the employees direct supervisor, or the department Director shall be consulted before
sending an employee for testing. All levels of supervision making this decision should utilize the
Observation Checklist to document specific observations and behaviors that create a
reasonable suspicion that the person is under the influence of illegal drugs, alcohol or marijuna.
If the results of the Observation Checklist indicate further action is justified, the supervisor
should confront the employee with the documentation and with another member of management
or HR present (when possible). The supervisor should then accompany the employee to the
nearest on-site testing location. Under no circumstances will the employee be allowed to drive
himself or herself to either an on-site or off-site testing location. A supervisor should also make
arrangements for the employee to be transported home in cases of reasonable suspicion testing.
Post-accident: Employees are subject to testing when they cause or contribute to accidents that
damage an Eagle County vehicle, machinery, equipment, or property and/or result in an injury to
themselves or another employee requiring off-site medical attention. A reasonable suspicion
circumstance will be presumed to arise in any instance involving a work-related accident or
injury in which an employee who was operating a motorized vehicle is found, in Eagle Countys
sole discretion, to be responsible for causing the accident. In any of these instances, the
investigation and subsequent testing must take place within two (2) hours following the accident,
if not sooner. Under no circumstances will the employee be allowed to drive himself or herself to
the testing location.
Collection and Testing
Employees subject to drug testing shall be administered an on-site oral fluids drug test by a
trained Eagle County employee. Collected specimens shall be sent to a federally certified
laboratory and tested. The laboratory shall screen all specimens and confirm all positive screens.
There shall be a chain of custody from the time specimens are collected through testing and
storage.
The laboratory shall transmit all positive drug test results to a Medical Review Officer (MRO)
retained by Eagle County, who shall offer employees with positive results a reasonable
opportunity to rebut or explain the results. In no event shall a positive test result be
communicated to Eagle County until such time that the MRO has confirmed the test to be
positive. The possession of a medical marijuana card or prescription by the employee will not be
considered a defense to a positive drug test for employment purposes.
Employees subject to alcohol testing shall be administered an on-site oral fluids alcohol test by a
trained Eagle County employee. If the on-site test is positive the employee will be driven to an
Eagle County designated facility and directed to complete a breath, blood, or saliva test, at the
Countys discretion.
Consequences
Employees who refuse to cooperate in required tests or refuse to complete the required
paperwork in violation of this policy will be terminated. If the employee refuses to be tested and
the County, in its sole discretion, believes he or she is impaired, the employee will not be
allowed to drive himself or herself home. A friend or relative can be contacted to drive the
employee home.
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Under the Influence of Alcohol means any detectable amount of alcohol use per this policy.
Under the Influence of Drugs means a confirmed positive test result for illegal drug or
marijuana use per this policy. In addition, it means the misuse of legal drugs (prescription and
possibly over-the-counter) where there is not a valid prescription from a physician for the lawful
use of a drug in the course of medical treatment (containers must include the patients name, the
name of the substance, quantity/amount to be taken, and the period of authorization). As it relates
to marijuana, Under the Influence shall mean a confirmed positive test result coupled with the
employee conduct or behavior that is, in the sole discretion of Eagle County, detrimental or
adverse to acceptable work functions or that demonstrates the employee is impaired in the
performance of his or her job duties.
Reasonable Suspicion and Post-Accident Testing
1. The employee will be advised that Eagle County believes that there is reasonable suspicion to
believe that he/she is affected by illegal drugs or alcohol (or due to the nature of the accident the
policy mandates this) and that this test is being offered to confirm or deny this suspicion.
2. The employee will be transported to the closest on-site testing area.
3. The employee to be tested MUST present a PHOTO ID (i.e., a drivers license or state
ID card) to the individual administering the test before the specimen can be obtained.
4. The employee to be tested must sign a consent form provided by the individual
administering the test. Refusal to sign is addressed under the Consequences section of
this document.
5. An Eagle County Government representative must sign as a witness to the collection
procedure, along with the tested employee.
6. If the alcohol test done at the on-site location is positive for any amount of alcohol, the
employee will be transported immediately to a designated medical facility for a blood,
breath or urine test. Under no circumstances will the employee be allowed to drive
himself or herself to the medical facility or home from the medical facility.
Anti-Violence
Employees must not engage in intimidation, threats or hostile behaviors, physical abuse,
vandalism, arson, sabotage, and non-law enforcement employees must not openly carry weapons
on to County property or commit any other act, which, in managements opinion, is
inappropriate to the workplace. In addition, employees must refrain from making offensive
comments regarding violent events and/or behavior. Employees are expected to report any
prohibited conduct to management. Employees should directly contact proper law enforcement
authorities if they believe there is a serious threat to the safety and health of themselves or others.
Attendance and Punctuality
All employees are expected to be on time and punctual for showing up to work. In addition
regular attendance is considered an essential function and is necessary for the efficient operation
of the business. Employees that are going to be absent or late must contact their supervisor as
soon as possible prior to the start of their shift. Leaving messages with other employees or on
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voice mail is not acceptable. Failure to call in when absent may result in disciplinary action, up
to and including termination.
Information Systems
The information systems are property of the County and intended for business use. Therefore, the
County maintains the ability to access any computer files, software, Internet usage, email and
voicemail. Although employees may select individual passwords, employees should not assume
that such files are confidential. All information regarding access to the Countys computer
resources, such as user identifications, access codes, and passwords are County confidential
information and may not be disclosed.
To ensure that the Countys information systems are utilized appropriately and widely available,
the County periodically audits records regarding internet sites visited. Employees that visit sites
which are subsequently found to be of an offensive nature, may be subject to disciplinary action.
Offensive sites include, but are not limited to, sites containing or advocating pornography,
violence and bigotry.
The County reserves the right to block access to Internet sites which are deemed to be in conflict
with business purposes. This may include sites of an offensive nature referenced above, known
virus distributors, as well as sites which negatively impact overall networking computing
performance and bandwidth availability. Users may contact the IT Department concerning
opening up access to blocked sites that have legitimate business needs.
The Countys information systems are provided to employees as tools to conduct County
business. In order to protect the ongoing availability of the Countys information systems from
emerging threats, the County Manager, in consultation with the County IT Department, may
periodically require system users to participate in technology security training. Additionally,
employees are expected to comply with all portions of the Countys Computer Usage Policy.
Only authorized individuals are allowed access to County computer systems. Users are
responsible for safeguarding all passwords as well as the resulting transactions made under the
context of their login ids. Passwords should not be printed, stored online in an insecure manner,
or otherwise made generally accessible to others. The sharing of individual passwords provides
undocumented access to County technology systems and is strictly prohibited under any
circumstances.
Personal Use of the Internet and Social Media Guidelines
The limited use of the internet for personal reasons at work must not disrupt the operation of the
County network or the networks of other users. It must not interfere with employees
productivity.
The County has developed these guidelines for the personal use of social media for employees
who use social media such as blogs, wikis, and networking sites like Facebook which may
contain postings related to the County, employees of the County, and entities that partner with
the County to serve the Citizen of Eagle County.
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Your personal or anyone elses blog, wiki, or social networking site is not the appropriate
place to make a complaint regarding alleged discrimination, unlawful harassment, or
safety issues. Such complaints shall be made consistent with the complaint procedures set
forth in this handbook.
Blogs and other forms of social media communications are individual interactions, not
County communications. Employees can be held personally liable for their posts. For this
reason, employees should exercise caution with regards to exaggeration, obscenity,
guesswork, copyrighted materials, legal conclusions, and derogatory remarks or
characterizations.
You may not disclose any sensitive, proprietary, or confidential information about Eagle
County Government or its employees.
While you may disagree with the actions, policies, or management decisions of Eagle
County Government, you may not attack personally or post material that is obscene,
defamatory, discriminatory, harassing, libelous, or threatening about Eagle County
Government or its employees.
Please consult with your manager, director, or elected official if you have any questions
about the appropriateness of publishing information relating to Eagle County
Government or its employees.
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Solicitation Email
The County email system may not be used to promote private enterprise for a users direct or
indirect personal benefit.
Public Record
County employees need to be aware that the written communication they send and receive may be
considered public records subject to the Colorado Open Records Act. Employees are discouraged from
using County systems for private or confidential matters that could become a source of embarrassment to
the sender, recipient or County. Employees should use discretion when sending written electronic
communications. Do not write and transmit anything electronically that is inappropriate to say to others
face-to-face.
VoiceMail
Employees are responsible to make certain their voicemail messages are reviewed in a timely
fashion. When employees know that they are going to be out of the office for a day or more,
they are strongly encouraged to change their voicemail greeting to state when they will be
returning messages, and who will be an alternative contact in the meantime.
Phones
In the interest of good business practice, telephone calls, including those made with cell phones,
must not interfere with employees performance of their jobs. The County provides cell phones
to those employees who need them to perform their jobs. Such phones are intended for business
use. Incidental and occasional personal use of County phones is permitted.
Employees must adhere to all federal, state or local rules and regulations regarding the use of cell
phones while driving. Accordingly, employees must not use cell phones if such conduct is
prohibited by law, regulation or other ordinance.
Employees should not use handheld cell phones while driving. Should an employee need to
make or receive a business call while driving, he or she should locate a lawfully designated area
to park and make the call or use a hands-free speaking device such as a speakerphone/earpiece.
Political Activity
An employee should not be asked about his/her political beliefs or requested to participate or
contribute to political parties or groups as a requirement of employment. Employees may not
engage in political activities during working hours but may campaign when not working.
County property cannot be used while actively campaigning. Political activities shall not
interfere with an employees work.
Appearance and Courtesy
At Eagle County, personal appearance, attire and courtesy are very important. A professional
image must be maintained to instill confidence in the minds of our customers. Conduct and
dress should reflect favorably on the county.
Business casual attire, designed to create a more relaxed way of dressing for employees, is
acceptable. Business casual means business appropriate. Clothing should be clean and neat.
Extremes in style of hair, makeup and dress are discouraged. Dress appropriately for the job.
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Use good judgment, take your days schedule into account, more traditional dress may be more
suitable if meeting with visitors.
An employee must dress in uniform if his/her job requires it. When tasks require the use of safety
clothing or equipment, employees must use it.
All employees are expected to keep their assigned work areas clean and in reasonable order.
Courtesy is vital in all relationships, both with the public and other employees. The county
encourages all employees to give courteous treatment to members of the public, to fellow
employees and others. The aim is to practice courtesy in face-to-face relationships, in telephone
conversations and in written correspondence.
Standards of Conduct
The following is a restatement of the Colorado Revised Statutes which govern the behavior of all
Eagle County employees. Where county policies are more restrictive, they supersede these
Standards of Conduct.
When citizens of Colorado obtain public office, conflicts may arise between the public duty of
such a citizen and his or her private interest. The General Assembly has prescribed Standards of
Conduct for those citizens involved with government. Some actions are conflicts per se between
public duty and private interest while other actions may or may not pose such conflicts
depending upon the surrounding circumstances.
The holding of public office or employment is a public trust, created by the confidence which the
electorate reposes in the integrity of county government officials and employees. A county
government official or employee shall carry out his/her duties for the benefit of the people of the
State of Colorado.
A county government official or employee who breaches his/her fiduciary duty is liable to the
people of the State of Colorado as a trustee of property and shall suffer such other liabilities as a
private fiduciary would suffer for abuse of his/her trust. The District Attorney may bring judicial
proceedings seeking criminal penalties and civil remedies. A county government official or an
employee or their family member shall not:
Disclose or use confidential information acquired in the course of his/her official duties in
order to further substantially his/her personal financial interests.
Accept a gift whose value exceeds $50 from any person or accepting or receiving any
monetary gift or forgiveness of indebtedness, without providing lawful consideration of equal
or greater value. Those prohibitions do not apply if the gift or thing of value is:
a) a campaign contribution as defined by law;
b) an unsolicited item of trivial value less than fifty dollars ($50), such as a pen, calendar,
plant, book, note pad, or other similar item;
c) an unsolicited token or award of appreciation in the form of a plaque, trophy, desk item,
wall memento, or similar item;
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Engage in a substantial financial transaction for his/her private business purposes with a
person whom he/she inspects or supervises in the course of his/her official duties.
2.
Perform an official act directly and substantially affecting to its economic benefit a business
or other undertaking in which he/she either has a substantial financial interest or is engaged
as representative, consultant, counsel, or agent.
3.
Be interested in any contract made by them in their official capacity or by any person,
agency, or board of which they are members or employees. A former employee should not,
within six months following the termination of his/her employment contract or be employed
by an employer who contracts with any local government involving matters with which
he/she was directly involved during his/her employment. For purposes of this section the
term "Be interested in" does not include holding a minority interest in a corporation.
"Contract" does not include: (1) contracts awarded to the lowest responsible bidder based on
competitive bidding procedures, (2) merchandise sold to the highest bidder at public
auctions, (3) investments or deposits in financial institutions which are in the business of
loaning or receiving moneys, (4) a contract with an interested party if, because of
geographic restrictions, a local government could not otherwise reasonably afford itself of
the subject of the contract. It shall be presumed that a local government could not otherwise
reasonably afford itself of the subject of a contract if the additional cost to the local
government is greater than 10% of a contract with an interested party or if the contract is for
services that must be performed within a limited time period and no other contractor can
provide those services within that time period, (5) a contract with respect to which any
county government official or employee has disclosed a personal interest and has not voted
thereon or with respect to which any member of the local governments governing body has
voted thereon in accordance with section 24-18-109 (3) (b) or 31-4-404 (3), C.R.S, as
amended. Any such disclosure shall be made to the Board of County Commissioners.
4. Be purchasers at any sale or vendors at any purchase made by them in their official capacity.
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5. All county government officials and their deputies and clerks are prohibited from purchasing
or selling or in any manner receiving to their own use or benefit or to the use or benefit of
any person or persons whatever any state, county, city and county, city, or town warrants,
scrip, orders, demands, claims, or other evidences of indebtedness against the state or any
county, city and county, city, or town thereof except evidences of indebtedness issued to or
held by them for services rendered as such officer, deputy, or clerk, and evidences of the
funded indebtedness of such state, county, city and county, city or town.
It shall not be a breach of fiduciary duty and the public trust for a county government official or
employee to:
1. Use county government facilities or equipment to communicate or correspond with a
member's constituents, family members, or business associates.
2. Accept or receive a benefit as an indirect consequence of transacting county government
business. The following three principles are intended as guides to conduct and do not
constitute violations as such of the public trust of office or employment in county
government:
A county government official or employee should not acquire or hold an interest in any
business or undertaking which he/she has reason to believe may be directly and
substantially affected to its economic benefit by official action to be taken by an agency
over which he/she has substantive authority.
A county government official or an employee should not, within six months following the
termination of his/her office or employment, obtain employment in which he/she will
take direct advantage, unavailable to others, of matters with which he/she was directly
involved during his/her term of employment. These matters include rules, other than
rules of general application, which he/she actively helped to formulate and applications,
claims, or contested cases in the consideration of which he/she was an active participant.
A county government official or an employee should not perform an official act directly
and substantially affecting a business or other undertaking to its economic detriment
when he/she has a substantial financial interest in a competing firm or undertaking.
A county government official or an employee may, prior to acting in a manner which may
impinge on his/her fiduciary duty and the public trust, disclose the nature of his/her private
interest. Disclosures must be in writing to the Secretary of State, listing the amount of his/her
financial interest, if any, the purpose and duration of his/her services rendered, if any, and the
compensation received for the services or such other information as is necessary to describe
his/her interest. If he/she then performs the official act involved, he/she shall state for the record
the fact and summary nature of the interest disclosed at the time of performing the act. Such
disclosure shall constitute an affirmative defense to any civil or criminal action or any other
sanction.
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Definitions
1.
2.
3.
4.
5.
6.
7.
Official act or Official action means any vote, recommendation, decision, approval,
disapproval or other action, including inaction, which involves the use of discretionary
authority.
Other Employment
An employee may have other employment in addition to employment with the County if the
other employment does not affect the job performance or attendance of the County employee
and the other employment does not create a conflict of interest as described above. Employees
are expected to inform their direct supervisor of any outside employment so that a determination
can be made regarding possible or apparent conflicts of interest.
Discipline/Discharge
Occasionally performance or other behavior falls short of our standards and/or expectations.
When this occurs, management takes action, which, in its opinion, seems appropriate.
Disciplinary action can range from a formal discussion with the employee about the matter to
immediate discharge. Action taken by management in an individual case does not establish a
precedent in other circumstances.
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Problem Solving
Employees who disagree or are dissatisfied with a County practice, application of discipline,
application or interpretation of the policies and procedures of the County or perceived poor
working conditions should promptly discuss the matter with their immediate supervisor, where
appropriate. Normally, this discussion should be held within three to five days of the incident, or
in a timely manner. Discussions held in a timely manner will enhance the countys ability to
resolve concerns while it is fresh in everyones mind. The majority of misunderstandings can be
resolved at this level.
If the solution offered is not satisfactory, or if it is inappropriate to go to the supervisor, then
employees are encouraged to take the problem to their Department Director or Elected Official in
charge of their office or the Director of Human Resources. If the Department Director or Elected
Official has not responded, or if the employee is not satisfied with the response received, the
employee should request a meeting with the Department Director or Elected Office and the
Director of Human Resources within five working days of the incident.
If the problem still cannot be resolved, employees may submit a written complaint to the County
Manager for review and final decision within five working days. If the County Manager needs
more than five working days to investigate the problem and make a decision, he/she will notify
the employee in writing. In those cases where the County Manger is the direct supervisor, the
County Manager will upon request appoint an independent hearing officer to review the
employee complaint.
A terminated employee may also use this procedure; however the employee remains terminated
unless a decision is made to rescind the termination. A terminated employee should begin the
problem solving process with the Director of Human Resources.
Nothing in this section constitutes an agreement of employment for a specific period of time or is
intended to affect the at-will employment relationship.
References
The County does not furnish open letters of recommendation addressed To Whom It May
Concern. If employees receive a call inquiring about a former employee, please refer it to the
Human Resource Department. Only the Director of Human Resources or his/her designee has
the authority to respond to such inquiries.
Employment Eligibility
If an employee is in a position that requires a license or certification (drivers license, RN license
etc.), and that license or certification is not maintained or becomes in jeopardy, the employee is
required to report that information immediately in writing to their supervisor.
Safety/Reporting of Injury
The County is committed to a safe work environment for employees. Employees should report
any unsafe practices or conditions to their supervisor. If employees are injured on the job, no
matter how minor, they must immediately report this fact in writing to their supervisor.
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If medical treatment for an on-the-job injury is needed, it must be obtained from one of the
Countys designated physicians. If not, the employee may be responsible for the cost of medical
treatment. If the injury requires immediate emergency treatment, employees and supervisors
should utilize the nearest emergency facility or notify 911 for assistance. As soon as possible
thereafter, the employee must report the injury to their supervisor.
Immediately following every work related injury or vehicle accident involving a County vehicle
the employee(s) involved will be required to take a urinalysis or oral fluids drug test at the
closest Designated Physicians office. If the employee requires medical attention after the
incident the drug test will be completed as soon thereafter as medically safe. The injured
employee, or the employee involved in the vehicle accident, will not be allowed to drive
themselves to the medical facility for the test.
Employees who miss more than three days of work due to workers compensation related injuries
or illnesses will be placed on FMLA leave contemporaneously with workers compensation leave.
Designated Medical Service Provider - Eagle
Eagle Valley Medical Center
0377 Sylvan Lake Rd, Suite 220
Eagle, CO 81631
(970) 328-6357
or
Colorado Mountain Medical, P.C.
0377 Sylvan Lake Rd. Suite 210
Eagle, CO 81631
(970) 328-1650
Designated Medical Service Provider Edwards
Colorado Mountain Medical, P.C.
320 Beard Creek Road
Edwards, CO
(970) 926-6340
Moving in summer 2016 to: Buck Creek Medical Plaza
50 Buck Creek Lane
Avon, CO
Designated Medical Service Provider - Vail
Colorado Mountain Medical, P.C.
181 West Meadow Drive, #200
Vail, CO
(970) 476-5695
Designated Medical Service Provider Basalt/El Jebel
Glenwood Medical Associates
1905 Blake
Glenwood Springs, CO
(970)945-8503
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ACKNOWLEDGMENT OF RECEIPT
I HAVE RECEIVED A COPY OF THE 2016 EMPLOYEE HANDBOOK. I
UNDERSTAND THAT I AM TO BECOME FAMILIAR WITH ITS CONTENTS.
FURTHER, I UNDERSTAND:
______________________________
EMPLOYEE NAME
____________
DATE
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CONTACT HR
http://econet.eaglecounty.us
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