Resource A Guide for Writing a State Legislative Personnel Manual

Sample Language and Policies

Arizona Senate

Welcome to the Arizona State Senate!

As an employee of the Arizona State Senate, what you do impacts others – whether they are employees of the Legislature, another agency or a member of the general public. The knowledge, courtesy, and helpfulness you demonstrate influence the attitude of others toward you and the State Senate. For these reasons, everything we do as Legislative employees must be focused on providing the most responsive, effective service possible.

The Employee Handbook contains basic information only and is intended to be a guide and quick reference tool for you as an employee of the Senate. It provides summary information concerning your position as an employee. For specific information regarding any content in this handbook, contact your immediate supervisor or the Senate Human Resources office.

Whether you are a new Legislative employee or have been a State employee or are an existing Legislative employee, it is expected you will read and be familiar with this handbook and the more specific policies, procedures or guidelines of the department in which you are employed. You are responsible for abiding by the contents of this handbook. Please keep in mind that the policies and procedures my change and may not be reflected in this handbook. 

Maryland

We welcome you to the Maryland General Assembly. As a legislative employee you are a public servant, and the general purpose of your work here is to assist and support state legislators in their representation of the State of Maryland. These Guidelines are provided to acquaint you with our personnel policies. Please take the time to familiarize yourself with this information, and feel free to contact the Human Resources Office if you have any questions.

Policies set forth in this manual are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the Maryland General Assembly and its employees. This handbook is a summary compiled for the convenience of legislators and employees. It may not cover all topics and may not apply in every circumstance. We reserve the right to respond to specific situations in the manner that best serves the Maryland General Assembly.

We hope you find your time here to be rewarding.

Sample Language and Policies

South Dakota

The mission of the LRC is to provide to the members of the Legislature legal analysis, fiscal analysis, and advice in addition to research, drafting, and budget services in a professional, confidential, and nonpartisan manner.

Vermont

The mission of the Office of Legislative Council is to provide the highest quality nonpartisan legal, operational, and IT support and services to the General Assembly in a manner that allows legislators to fulfill their responsibilities representing the citizens of Vermont.

Washington Senate

The mission of the Washington State Senate is to exercise legislative powers granted by the State Constitution; to represent and provide leadership for the people of the state of Washington; to enact laws and oversee their administration; and to provide for the public well-being while protecting and maintaining the rights of the individual.

Sample Language and Policies

This Personnel Manual contains information about the employment policies and practices of [Agency or Legislature]. We expect each employee to read this Personnel Manual carefully, as it is a valuable reference for understanding their job and the [Agency or Legislature]. The policies outlined in this Personnel Manual should be regarded as management guidelines only to provide employees with general information on benefits, policies and practices, which may require changes from time to time. The [Agency or Legislature] retains the right to make decisions involving employment as needed to conduct its work in a manner that is beneficial to the employees and the [Agency or Legislature]. This Personnel Manual supersedes and replaces any and all prior Personnel Manuals and any inconsistent verbal or written policy statements. 

Except for the policy of at-will employment, which can only be changed by [insert name of appropriate title or person] in a signed written contract, the [Agency or Legislature] reserves the right to revise, delete and add to the provisions of this Personnel Manual at any time without further notice. All such revisions, deletions or additions to the Personnel Manual must be in writing and must be signed by [insert name of appropriate person, title or department]. No oral statements or representations can change the provisions of this Personnel Manual.

We will try to keep all employees informed of any changes that may affect them, but any questions, suggestions or concerns should be brought to the attention of [insert name of appropriate person, title or department].

Sample Language and Policies

The contents of this Personnel Manual do not constitute an express or implied contract of employment between [Agency or Legislature] and any employee. This Personnel Manual is not intended to create a contract guaranteeing that you will be employed for any specific time period. It is issued to newly hired and existing employees as a matter of information only to enhance your understanding of our policies and procedures.

Illinois Senate

These policies are not a contract and do not create any legal or contractual rights. These policies are not an expressed or implied contract of employment, nor are they intended to create any rights in the nature of an employment contract. These policies are simply an overview of personnel policies related to employment at the Senator’s office.

Anonymous
This document is intended to function as a general guide and reference to those policies relative to the Service Staff. Reference in this document to employee or Senate employee shall mean Senate Service Staff Employee. It is the policy of the Senate that this document and the items contained, referred to or mentioned herein, are not intended to create, nor should be construed to constitute, a contract of employment between the Senate and any one or all of its employees.

Anonymous
This manual is not to be construed as a contract or agreement for employment with the [legislative agency]. Employment with the [legislative agency] is at the will of the staff director who is authorized to hire the employee, unless the terms of a specifically authorized written contract of employment alter the terms of employment. A staff member is not entitled to rely upon any oral statements to the contrary.

Sample Language and Policies

[Agency or Legislature] is an at-will employer. This means that regardless of any provision in this Personnel Manual, either you or the [Agency or Legislature] may terminate the employment relationship at any time, for any reason, with or without cause or notice. Nothing in this Personnel Manual or in any document or statement, written or oral, shall limit the right to terminate employment at-will. No employee or representative of the [Agency or Legislature] is authorized to enter into an agreement—express or implied—with any employee for employment for a specified period of time unless such an agreement is in a written contract signed by [insert name of appropriate title or authorized person].

Anonymous
All legislative employees are exempt from the state civil service law (citation) and State Merit System Rules. Therefore, the House of Representatives is not subject to the customary governmental employee tenure regulations and there are no guarantees of permanent status providing job security from summary termination, reassignment of responsibilities or change in working conditions. Either the employer or the employee may terminate the employment relationship at any time, for any reason. References in this manual to the (state civil service law or merit system rules) do not, in any way, negate the civil service exemption of employees of the House of Representatives.

Illinois Senate
Employment with the Senator is “at will”. This means the employment relationship may be terminated by the employee or by the Senator at any time, for any or no reason, without restriction or limitation, with or without prior notice, and with or without cause. Nothing in these policies is intended to or should be construed as altering the employment at-will relationship.  Nothing said, done or written by any representative of the Senator shall constitute an employment contract unless it is reduced to writing and signed by the Senator.

All employees of the [legislative agency]) are considered legislative employees and, as such, are exempt from the career service provisions of the Personnel Management Act (citation). All employees of the [legislative agency] are employed at will. An employee may be terminated, suspended (with or without pay), demoted or reassigned for any reason except one that would violate the law. The [legislative agency] generally follows the rules of the Department of Human Resources Management (DHRM) as they relate to Fair Employment Practice. Reference in this manual to the DHRM rules does not in any way negate the Career Service exemption for legislative staff

Sample Language and Policies

Equal Employment Opportunity

[Agency or Legislature] is committed to equal employment opportunity. It is and shall be the continuing policy of the [Agency or Legislature] that all qualified persons will be afforded equal employment opportunities. This means that all employment decisions will comply with federal, state and local laws, and will be made without any consideration of race, color, age, religion, sex, gender, pregnancy, citizenship status, military or veteran status, national origin, ethnicity, disability, genetic predisposition, or any other trait or characteristic protected by federal, state or local law.  [Agency or Legislature] will not discriminate against employees or applicants for employment on any of these legally recognized bases.

To provide equal employment and advancement opportunities to all employees and job applicants, employment decisions at the [Agency or Legislature] are based on merit, qualifications, abilities, and other lawful factors. This Equal Employment Opportunity Policy applies to all aspects of employment including hiring, placement, promotion, layoff, recall, transfer, leave of absence, job assignment, compensation, discipline, termination, and access to benefits and training, and all other terms and conditions of employment.

As required by law, the [Agency or Legislature] will provide reasonable and appropriate assistance to employees or job applicants who are disabled or require a religious accommodation and who have made the [Agency or Legislature] aware of the disability or required accommodation, provided that such accommodation does not constitute an undue hardship on the [Agency or Legislature].

Any employee who intentionally violates this policy may be subjected to disciplinary action, up to and including the termination of employment.

Unlawful Discrimination

[Agency or Legislature] is committed to equal opportunity and respect for each employee. It is, and has been, the [Agency or Legislature]’s policy that all employees should be able to enjoy a professional work environment, which shall be free of discrimination and other unlawful harassment. In that regard, the [Agency or Legislature] strictly prohibits all forms of unlawful discrimination, harassment and retaliation, whether committed by or against its managers, employees, supervisors, coworkers, customers, clients, vendors or visitors, and whether it occurs while at work or at work-related events. Unlawful discrimination, harassment, and retaliation make it impossible for us to achieve our goals as an organization or to provide the highest level of service to our constituents and are inconsistent with maintaining a productive work environment.

[Agency or Legislature] has a policy of zero tolerance with respect to unlawful discrimination or harassment of any kind. [Agency or Legislature] will not tolerate any speech or conduct that is intended to abuse or harass, or has the effect of abusing or harassing any employee because of the employee’s race, color, age, religion, sex, gender, pregnancy, citizenship status, military or veteran status, national origin, ethnicity, disability, genetic predisposition, or any other characteristic protected by federal, state or local law.

Employees and applicants for employment may not be treated differently based on their status in one of the protected categories listed above under “Equal Employment Opportunity.”

Non-Harassment Policy

All employees should be able to enjoy a work environment that is free of unlawful harassment. [Agency or Legislature] will not tolerate any speech or conduct that abuses or harasses any employee, or any verbal or physical conduct that shows disrespect or hostility toward an individual because of her/his status in one of the protected categories listed above under “Equal Employment Opportunity.”

[Agency or Legislature] also will not tolerate any verbal or physical conduct that:

Has the purpose or effect of creating an intimidating, hostile or offensive work environment. The [Agency or Legislature] is committed to providing equal employment opportunities to qualified individuals with disabilities. This may include providing a reasonable accommodation when appropriate in order for an otherwise qualified individual to perform the essential functions of the job.  It is your responsibility to notify [insert the name of the appropriate person, title department], in writing, of need for accommodation. Upon doing so, you may be asked for your input on the type of accommodation you believe may be necessary or the functional limitations caused by your disability. Also, when appropriate, we may need your permission to obtain additional information from your physician or other medical or rehabilitation professionals. [Agency or Legislature] will not seek genetic information in connection with requests for accommodation. All medical information received by [Agency or Legislature] in connection with a request for accommodation will be treated as confidential.

Retaliation

No person covered by this policy shall be subject to adverse employment action, including being discharged, disciplined, discriminated against, or otherwise subject to adverse employment action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of sexual harassment. Unlawful retaliation can be any action that would keep an employee from coming forward to make or support a harassment or discrimination claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation.

[Agency or Legislature] has a zero-tolerance policy and prohibits any form of retaliation against anyone who makes a complaint under this policy, who assists in a complaint investigation, testifies in a related proceeding, or who opposes any practices that they consider to be unlawful discrimination or harassment. This includes employees who file complaints with the EEOC, or any state or local agency charged with enforcing discrimination laws, or employees who participate in any proceedings before the EEOC, or any state or local agency. Any employee who believes that they have been subjected to retaliation or witnessed any retaliatory conduct should report it immediately to [Agency or Legislature] in accordance with the complaint procedure above. Retaliation, like harassment, discrimination and abusive conduct, is a form of prohibited employee misconduct, and a serious violation of this policy, which will subject offenders to disciplinary action, up to and including termination of employment. 

[Agency or Legislature] is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. [Agency or Legislature] has a zero-tolerance policy for any form of sexual harassment, and all employees are required to work in a manner that prevents sexual harassment in the workplace, which includes company offices, premises and work sites. This policy is one component of [Agency or Legislature]’s commitment to a discrimination-free work environment.

Sexual harassment is against the law. All employees have a legal right to a workplace free of sexual harassment, and any other form of discrimination or harassment, and employees can enforce this right by filing a complaint internally with [insert the name of the appropriate person, title or department], or with a government agency or in court under federal, state or local antidiscrimination laws.

Prohibition Against Sexual Harassment

[Agency or Legislature] prohibits sexual harassment of its employees in any form. It is considered employee misconduct and disciplinary sanctions, up to and including termination of employment, will be issued against any employee who violates this policy and engages in any form of sexual harassment, and any executive, supervisor or manager who knowingly allows sexual harassment to continue. The prohibition on sexual harassment applies to all employees and other persons in the workplace, and includes:

What Is Sexual Harassment?

Sexual harassment is a form of employee misconduct, and sanctions will be imposed on individuals who engage in sexual harassment and supervisory personnel who knowingly allow sexual harassment to continue. Sexual harassment includes harassment on the basis of sex, sexual orientation, gender identity and the status of being transgender. There are generally two types of sexual harassment.  In “quid pro quo” sexual harassment, a person with actual or apparent authority (such as a supervisor or manager) uses that authority to extort sexual favors from an employee.  Quid pro quo harassment occurs when submission to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature is made a term or condition of an individual’s employment, or where submission or rejection of such sexual conduct is used as a basis for employment decisions affecting the individual. If employment benefits are contingent on sexual cooperation, quid pro quo sexual harassment has occurred. For example, a supervisor who asks for a sexual favor in exchange for a wage increase, promotion or good job performance is engaging in quid pro quo sexual harassment.

Sexual harassment also may take the form of hostile work environment harassment, in which an individual endures a work environment in which unwelcome sexual conduct, whether verbal or physical, is so pervasive that it interferes with an employee’s work environment or creates an intimidating, hostile or offensive working environment. A sexually harassing hostile work environment may consist of words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex, sexual orientation, gender identity or transgender status. A hostile work environment includes sexual advances or sexual behavior directed at an employee, and nonsexual behavior directed at the employee because of sex, sexual orientation, gender identity and transgender status, and sexually charged workplace behavior. The offending conduct may be directed at the employee, or it may pervade the work environment such that it adversely effects an employee’s work environment.

A single incident of inappropriate sexual behavior may be enough to rise to the level of sexual harassment, depending on the severity of such incident. The law requires that the behavior be severe or pervasive, so that one joke or comment may not be enough to be sexual harassment. However, the courts have held that a single incident can be considered sexual harassment, depending on the circumstances.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:

The following are examples of inappropriate conduct that is prohibited:

Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender.  All conduct prohibited by this policy is unacceptable in the workplace, and in any work-related setting outside the workplace.

Sexual harassment can occur between any individuals, regardless of their sex or gender. As noted above, New York law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. A perpetrator of sexual harassment can be a superior, a subordinate, a co-worker or anyone in the workplace, including an independent contractor, contract worker, vendor, client, customer or visitor.

Every manager and supervisor is responsible for creating and fostering an atmosphere free of discrimination and harassment, sexual or otherwise. All employees are responsible for respecting the rights of their coworkers. 

Unlawful sexual harassment is not limited to the physical workplace itself, including [Agency or Legislature]’s offices, premises and work sites. It also can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises or work sites or during non-working hours.

Legal Protections and External Remedies

Sexual harassment is a form of discrimination and is prohibited by federal and state law. Under the federal law commonly known as Title VII and the [applicable state law]. Title VII only applies to employers with at least 15 employees. It also may be prohibited by local law. In addition to the [Agency or Legislature]’s internal complaint procedure, employees may choose to pursue legal remedies with the following governmental agencies at any time as explained below.

The United States Equal Employment Opportunity Commission

A federal agency—the United States Equal Employment Opportunity Commission (EEOC)—is charged with enforcing Title VII and is responsible for the intake, investigation and conciliation of charges of discrimination, including sexual harassment, under Title VII. An individual may file a complaint with the EEOC anytime within 300 days of the harassment or discrimination. There is no cost to file a complaint with the EEOC, which will investigate the complaint and determine if there is reasonable cause to believe that discrimination has occurred, at which point it will try to resolve the matter with the employer or issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. Under Title VII, an employee may recover back pay, including salary and fringe benefits; front pay and benefits; compensatory damages for emotional distress and pain and suffering; punitive damages; and injunctive relief, such as reinstatement. Compensatory and punitive damages combined are capped based on the size of the employer. Attorneys’ fees may also be recovered under Title VII.

If an employee believes that he or she has been discriminated against or harassed at work, he or she may file a Charge of Discrimination with the EEOC. The EEOC has district, area and field offices where complaints can be filed. The EEOC can be contacted at 1-800-669-4000, by visiting its website at www.eeoc.gov, or by email at info@eeoc.gov.

[Insert any relevant state or local information here]

Connecticut General Assembly

Sexual Harassment

(1)         Statement of Policy

The General Assembly does not tolerate sexual harassment in any form. It is the policy of the General Assembly to create and maintain a working environment in which everyone is treated with dignity and respect. Each individual who works at the Capitol complex or off-site where legislative business is conducted has the right to a workplace that is free from sexual harassment, both subtle and overt. Therefore, the General Assembly will strive to eliminate all sexually harassing behavior that legislators, legislative employees, interns, legislative fellows, and third parties may encounter in the course of their work at the Capitol complex or off-site where legislative business is conducted. It is the responsibility of each individual who works at the Capitol complex or off-site where legislative business is conducted to maintain a respectful work environment free from sexual harassment, sexually offensive behavior, and retaliation. Violation of this policy will result in disciplinary action as described in this policy.

(2)         Scope of Policy

This policy applies to legislators, legislative employees, interns assigned to the General Assembly, and legislative fellows. This policy covers the interaction of these individuals away from the Capitol complex at legislative-sponsored events, professional meetings or seminars, and those activities that involve legislative business. If not covered by this policy, the General Assembly will make reasonable efforts to assist individuals who are outside the scope of this policy in finding appropriate avenues for seeking redress or filing a complaint. Proper authorities will be notified in cases of alleged criminal misconduct.

(3)         Definitions

Appointing Authority—defined in Section 4.1(3) of the Employee Handbook.

Capitol complex—the State Capitol Building, the Legislative Office Building and their parking facilities and surrounding grounds for which the Joint Committee on Legislative Management has sole responsibility for supervision, security, utilization and control, and any other location where legislative employees are permanently located.

Complainant—an individual who alleges that another individual has violated this policy.

Day—a calendar day.

Designated Office Contact—the male and female designees from each office who may serve as the first point of contact for a sexual harassment concern and whose names are published in the legislative bulletin as contacts in their office for sexual harassment complaints.

Executive Director—the executive director of the Joint Committee on Legislative Management who also functions as office director of the Office of Legislative Management.

Investigating Authority—the individual investigating an alleged violation of this policy. For purposes of this policy, the investigating authority may include human resources or an outside contractor.

Legislative employee—a regular full-time employee, regular part-time employee, sessional employee, or interim employee.

Legislative fellow—a graduate student from a university or college working temporarily in a nonpartisan office.

Legislative intern—a participant in the Legislative Intern Program or an intern brought on informally by a legislator or office.

Office Director—defined in Section 1.2 of the Employee Handbook.

Personnel Policies Subcommittee—The Senate President Pro-Tempore, Senate Majority Leader, Senate Minority Leader, Speaker of the House of Representatives, House Majority Leader, and House Minority Leader.

Respondent—an individual accused of violating this policy.

Third Party—media personnel, lobbyist, state employees who are not legislative employees, contractual employee or vendor of the General Assembly, or member of the general public having business at or visiting the Capitol complex.

(4)         Sexual Harassment and Sexually Offensive Behavior Defined

Sexual harassment is defined by Section 46a-60(a)(8) of the General Statutes as "any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

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

(b)         submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(c)          such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment."

Both the law and this policy prohibit any individual who is in a position of authority or has control over the working conditions of another from engaging in this behavior. In all cases, an express or implied request for any sexual activity in exchange for employment, promotion, or other advantage constitutes sexual harassment. Under the law, this is called "quid pro quo" sexual harassment. 

(5)         Hostile Work Environment

This policy also prohibits conduct that would constitute sexual harassment by creating a hostile work environment. The following is a non-exhaustive list of conduct or communications that may be offensive and therefore create a hostile working environment:

(a)         Verbal:

1.           sexual comments, compliments, innuendoes, or suggestions about an individual’s clothing, body, sexual attributes, or sexual activity; or

2.           turning of work discussions to sexual topics, such as sexual practices or preferences; or

3.           telling sexual jokes or stories; or

4.           using obscene or sexual words or phrases to describe an individual; or

5.           unwelcome verbal advances or propositions.

(b)         Nonverbal:

1.           displaying sexually explicit pictures or objects in the work area; or

2.           unwelcome giving of personal gifts of any nature; or

3.           making unwelcome visits or telephone calls of a personal nature; or

4.           unwelcome kissing, touching, patting, pinching, or brushing against another’s body; or

5.           sexual assault; or

6.           indecent exposure; or

7.           unwelcome electronic communication of a sexual or intimate nature via email, text, or social media; or

8.           other unwelcome sexual contact of any kind.

Both the law and this policy prohibit any individual from engaging in this behavior.

These examples are illustrative of the communications and conduct that may constitute a hostile working environment if unwelcome and depending upon the totality of the circumstances. In that regard, the following should be kept in mind:

(i)           A single incident may or may not constitute sexual harassment.

(ii)          Whether a particular action is sexual harassment will depend on the facts and determinations will be made on a case-by-case basis.

(iii)         Conduct or communications that might be welcome to one individual may be unwelcome to another individual. Conduct or communications that might have been welcome between two individuals at one time may become unwelcome at a later time.

(iv)         Other conduct or a communication not expressly described in the examples, but which is substantially similar to the examples, may be a violation of this policy.

(6)         Retaliation

Adverse actions taken in retaliation against an individual for reporting sexual harassment or for participating in an investigation of a claim of harassment constitute a serious violation of this policy, and like harassment itself, will be subject to disciplinary action. Retaliation may include, but is not limited to, denial of a promotion, a demotion, intimidation, harassment, or conduct by anyone in the workplace that could reasonably be expected to have an adverse impact on an individual’s performance. Any individual who believes that he or she may have been the subject of retaliation should report that information to human resources.

(7)          Responsibility of legislators, legislative employees, interns and fellows

An individual shall not engage in behavior that constitutes sexual harassment, retaliation or related misconduct. The General Assembly will not tolerate violations of this policy and encourages individuals who have been subjected to sexual harassment, retaliation or related misconduct to report such acts as soon as possible, but not later than 180 days after a violation has occurred in order to preserve the complainant’s rights before the state Commission on Human Rights and Opportunities (CHRO). The General Assembly is committed to investigating complaints brought forth at any time and all complaints will be given a thoughtful, thorough and timely response.  

(8)         Supervisor Responsibility

Each supervisor has a responsibility to monitor working conditions in order to detect violations and to be proactive and take corrective action, assuring that all complaints receive a thoughtful, thorough and timely response. 

(9)          Human Resources Responsibility

Human resources has a responsibility to strive to maintain a workplace free of any form of sexual harassment, retaliation or related misconduct, to monitor working conditions in order to detect violations and to be proactive and take corrective action immediately. Human resources is also responsible for disseminating the Sexual Harassment Policy and Complaint Procedure, providing sexual harassment prevention training and monitoring compliance under subdivision (10), and assuring that all complaints receive a thoughtful, thorough and timely response.

 (10)      Sexual Harassment Prevention Training

All regular employees are required to take two hours of training within 6 months of hire and every two years thereafter. Sessional employees, legislative interns and fellows are also required to attend sexual harassment prevention training. Newly elected legislators are required to take two hours of training not later than February 1 or, in the case of a special election, within 30 days of being sworn in, whichever is earlier. Training is required every two years thereafter. The General Assembly shall provide an annual informational session to inform third parties of the legislative policy and procedures.

B. Policy on Sexual Harassment Complaints

All complaints are presumed to be made in good faith.

(1)         Principles

The following principles shall be observed in the complaint procedure:

(a)         Complaints shall be handled in a manner that will assure confidentiality to

the extent that is appropriate.

(b)         The rights of the complainant shall be respected. These rights include the

rights to bring a complaint without retaliation and to notice of action taken

on the complaint.

(c)          The rights of the respondent also shall be respected. These rights include the right to notice of the content of the complaint, and an opportunity to address the accusations.

(d)         Appropriate records and documentation of each complaint and how the complaint is remedied shall be maintained by the Office of Legislative Management.

(e)          All concerned shall make every effort to resolve a complaint in the most expedient manner possible.

(2)         Investigation                                                                                                                  

Each complaint will be investigated promptly by interviewing the complainant, the respondent, witnesses or any other individual having direct knowledge and by considering the circumstances surrounding the alleged incident or incidents which form the basis of the complaint.

C. Complaint Procedures—within the General Assembly

A sexual harassment complaint may be made in accordance with this subsection. Any legislator, employee or designated outside party who receives a sexual harassment complaint shall report the complaint to human resources, regardless of whether such person is designated to receive a complaint under this procedure.

When a complaint is made under this subsection, human resources shall immediately take appropriate action to ensure that the complainant and affected parties have a safe and non-hostile working environment. Human resources will respond as necessary upon finding that inappropriate workplace conduct or sexual harassment has taken place.

A complaint made under this policy may be exempted from disclosure under the Freedom of Information Act to the extent allowed by section 1-210(b)(2) of the General Statutes or other law, except that the complaint shall be disclosed to necessary parties under reasonable circumstances. Such reasonable circumstances may include notification of proper authorities in the case of alleged criminal misconduct or disclosure of information upon a finding of probable cause that a violation of this policy has occurred.

A complaint shall be received and investigated as follows:

(1)         Informal Complaint

To foster prompt resolution and promote open communication, an individual may discuss a potential violation of this policy with any of the following persons without filing a formal complaint:

(a) An immediate supervisor;

(b) A chief of staff or office director;

(c) Human resources;

(d) An appointing authority;

(e) A designated office contact; or

(f) A neutral outside party (source to be determined through an open bid process)

Filing an informal complaint under this subdivision does not preclude an individual from pursuing other available options.

(2)         Formal Complaint

A formal complaint may be filed within a reasonable time after the event or occurrence

giving rise to the complaint, but not later than 180 days after a violation has occurred in order to preserve the complainant’s rights before the state Commission on Human Rights and Opportunities (CHRO). 

(a) Complaint by a Legislator, Legislative Employee, Legislative Fellow or Legislative Intern

A complaint by a legislator, employee, fellow or intern may be submitted orally or in writing to any one of the following:

(i) An immediate supervisor;

(ii) A chief of staff or office director;

(iii) Human resources;

(iv) An appointing authority;

(v) A designated office contact; or

(vi) A neutral outside party (source to be determined through an open bid process)

If a complaint is made against the Executive Director, the Human Resources Administrator shall provide written notice of the complaint to each member of the Personnel Policies Subcommittee.

(b)         Complaint by a third party

A complaint by a third party may be submitted orally or in writing to any one of the following:

(i) Human resources;

(ii) A chief of staff or office director;

(iii) An appointing authority;

(iv) A designated office contact; or

(v) A neutral outside party (source to be determined through an open bid process)

(c)     Complaint against a Third Party

A complaint against a third party may be submitted orally or in writing to any one of the following:

(i) Human resources;

(ii) A chief of staff or office director;

(iii) An appointing authority;

(iv) A designated office contact; or

(v) A neutral outside party (source to be determined through an open bid process)

(3)  Complaint Procedure

If an individual files a complaint, or it is determined by human resources that an investigation is warranted, an investigation will ensue. If deemed appropriate, an outside contractor may be called on to investigate a complaint or a committee of inquiry may be appointed to further examine the matter.

The investigating authority shall:

(a)         ascertain the complainant’s name, job title, and workplace address and phone number;

(b)         obtain a description of the facts and circumstances the complainant believes constitute the basis for the complaint;

(c)          inquire if the complainant spoke directly to the respondent, the results, and why the results are not satisfactory;

(d)         determine the type of corrective action the complainant seeks.

The investigating authority shall investigate the complaint and may meet with the complainant, respondent and others to discuss the complaint. Not later than 21 days after receiving the complaint, the investigating authority shall respond in writing to the complainant and send (if applicable) a copy of the complaint and the response to the complainant’s appointing authority and to human resources.

If the investigating authority determines more time is required to complete the investigation or render a decision, the Human Resources Administrator may extend the time limit for rendering a decision by up to 15 days.

(4)       Completed investigation; Reprimand

Violations of this policy will result in discipline as outlined below. As a general rule, discipline will be assessed proportionate to the seriousness of the violation.

A.           Action against legislative employee, intern or legislative fellow

If the investigating authority determines that a legislative employee, intern or legislative fellow has violated this policy, the Human Resources Administrator shall provide written notice of the determination to the person's appointing authority. The appointing authority will impose discipline which may include:

(i)           Oral or written warning,

(ii)          Reprimand,

(iii)         Suspension, with or without pay,

(iv)         Reduction in pay or job classification, and

(v)          Discharge for misconduct.

B.           Action against legislator

If the investigating authority determines that the Senate President Pro Tempore, Senate Majority Leader or Senate Minority Leader has violated this policy, the Human Resources Administrator shall provide written notice of the determination to the Senate Chairpersons or Senate Ranking Members of the joint standing committees of the General Assembly having cognizance of matters relating to judiciary and government administration and elections, who are of the same political party as the President Pro Tempore, Majority Leader or Minority Leader who was found to have violated this policy.

If the investigating authority determines that the Speaker of the House of Representatives, House Majority Leader or House Minority Leader has violated this policy, the Human Resources Administrator shall provide written notice of the determination to the House Chairperson or House Ranking Member of the joint standing committees of the General Assembly having cognizance of matters relating to judiciary and government administration and elections, who are of the same political party as the Speaker, Majority Leader or Minority Leader who was found to have violated this policy.

If the investigating authority determines that any other legislator has violated this policy, the Human Resources Administrator shall provide written notice of the determination to the legislative leader and the chief of staff of the legislator’s caucus.

Any person who receives written notice of a determination that a legislator has violated this policy shall impose or recommend discipline, which may include:

(i)           Oral or written warning,

(ii           Reprimand,

(iii)         Reassignment, with any corresponding reduction in pay,

(iv)         Appointment of a committee of inquiry to further examine the matter, and

(v)          Expulsion from the General Assembly pursuant to the rules of the applicable 

            house and Article III, Section 13 of the Connecticut Constitution.

C.           Action against a third party

If the investigating authority determines that a third party or other individual who is not a legislator, legislative employee, intern or legislative fellow has violated this policy, the Human Resources Administrator shall provide written notice of the determination to each member of the Personnel Policies Subcommittee, and discipline may be imposed, which may include:

(i)           Notifying the individual’s employer;

(ii)          Removal from or denying access to legislative buildings or activities, and

(iii)         Any appropriate action authorized by law.

(5)         Review of complaint

If the complainant is not satisfied with the determination, the complainant may request a review of the determination by his or her appointing authority. The request for review shall be in writing and shall be submitted not later than 15 days following the determination, with a copy to the investigating authority. The appointing authority or his or her designee may meet with the complainant and the investigating authority to discuss the complaint and determination. Not later than 30 days after receiving the request for review, the appointing authority shall respond in writing to the complainant.

(6)         False Information and Complaints

If, after investigating a complaint, it is determined that an individual has maliciously filed a false complaint, or maliciously provided false information materially related to the complaint, appropriate disciplinary action including discipline under this subsection will be taken.

(7)  Respondent employee appeal

In the event of a suspension, pay reduction or discharge for sexual harassment misconduct, a respondent employee may appeal the decision in accordance with Section 11.2 of the Employee Handbook. 

A decision on the appeal shall be in writing and shall be sent to the respondent employee within 45 days following receipt of the appeal. The discipline imposed for sexual harassment misconduct will remain in effect, but may be temporarily suspended, pending a decision on the appeal.

D. Complaint procedures—with state or federal commission

An individual also may file a complaint of sexual harassment with:

(1)         The Connecticut Commission on Human Rights and Opportunities (CHRO):

 450 Columbus Boulevard, Suite 2

Hartford, CT 06103

Phone: 860-541-3400

Connecticut Toll Free 1-800-477-5737

TDD: 860-561-3459

URL:      http://www.ct.gov/chro

A written complaint must be filed with the CHRO within 180 days of the date when the alleged sexual harassment occurred. A complaint that is filed with the CHRO is automatically filed with the Equal Employment Opportunity Commission (EEOC).

(2)         The EEOC Boston Area Office:

John F. Kennedy Federal Building,

475 Government Center

Boston, MA 022203

Phone:  1-800-669-4000

Fax: 617-565-3196

TTY: 1-800-669-6820

ASL Video Phone: 844-234-5122

URL:      https://www.eeoc.gov/field/boston/index.cfm

Ordinarily, The EEOC does not investigate a complaint until the CHRO has completed its investigation. However, if the CHRO has not completed its investigation within 60 days of filing, the complainant may ask the EEOC to do so at that time. If a complainant does not file a state complaint with the CHRO, and 180 days have passed since the alleged sexual harassment occurred, the complainant may still file a complaint with the EEOC. However, the complaint must be filed with the EEOC within 300 days of the date when the alleged sexual harassment occurred.

Maryland General Assembly Department of Legislative Services

Anti-Harassment Policy and Procedures  

I. Statement of General Assembly Policy  

The Maryland General Assembly and the Department of Legislative Services are committed to creating and maintaining a work environment in which all employees and nonemployees that interact with the General Assembly and the Department of Legislative Services, including interns, and pages, lobbyists and reporters are treated with respect and are free from unlawful discrimination and harassment. It is the policy of the Maryland General Assembly and the Department of Legislative Services that harassment based on an individual’s race, color, religion, gender, gender identity, sexual orientation, national origin, age, disability, marital status, citizenship, sex, or any other characteristic protected by law is prohibited.

A. Workplace Harassment Prohibited  

Workplace harassment means any harassment based on any characteristic protected by law and has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. While workplace harassment includes sexual harassment, sexual harassment raises issues that are to some extent unique in comparison to other types of workplace harassment and is further emphasized in section B. of this policy.  

B. Sexual Harassment Prohibited  

Sexual harassment is a form of sex discrimination that could violate federal and State law, as well as the United States and Maryland Constitutions. Sexual harassment is illegal and is in conflict with the personnel practices and public policies of the State of Maryland. Sexual harassment by a member or employee of the Maryland General Assembly or an employee of the Department of Legislative Services is prohibited and will not be tolerated. 

Sexual harassment, for the purpose of this policy, is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical contact of a sexual nature, or conduct which is directed at an individual because of that individual’s sex, for example: 

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

• submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting an individual; or  

• such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment, which is perceived by the individual to be abusive or hostile, even if the reporting individual is not the intended target of the sexual harassment. 

Sexual harassment may include a range of subtle or overt behaviors and may involve individuals of the same or a different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess, or sexual deficiencies; leering, whistling, or touching; insulting or obscene comments or gestures; displaying, communicating, or distributing sexually suggestive objects, pictures, or messages in the workplace; and other physical, verbal, nonverbal, or visual conduct of a sexual nature. 

II. Scope of Policy  

This policy applies to members of the General Assembly and all regular, full-time, part-time, temporary and contractual employees of the legislative branch, as well as interns and pages assigned to the Maryland General Assembly or the Department of Legislative Services.

III. Procedures for Reporting, Investigating and Resolving Harassment Incidents 

A. Reporting Incidents  

Early reporting and intervention are most effective in resolving actual or perceived incidents of harassment, regardless of the offender’s identity or position. Therefore, the Maryland General Assembly encourages individuals who believe they have been subjected to or have witnessed discrimination, harassment, or retaliation to promptly advise the offender that the behavior is unwelcome and request that it be discontinued. Often this action alone will resolve the problem. The Maryland General Assembly recognizes, however, that an individual may prefer not to address the alleged offender directly. If, for any reason, an individual does not wish to address the offender directly, or if such action does not successfully end the offensive conduct, the individual should promptly report the incident. The Maryland General Assembly encourages the prompt and good-faith reporting of incidents or concerns so that rapid and constructive action can be taken before relationships become irreparably strained and before offensive conduct continues or escalates. Individuals who believe that they have been exposed to or witnessed prohibited conduct should discuss their concerns with a supervisor, an office director of the Department of Legislative Services, the legislature’s Human Resources Manager, the Executive Director of the Department of Legislative Services, the Administrative Assistant to either Presiding Officer, the Chief of Staff for the President of the Senate, or the Chief of Staff for the Speaker of the House.   

Except for a complaint filed with the Joint Committee on Legislative Ethics, reports of prohibited conduct may be made verbally or in writing.  

 A complaint that a member of the General Assembly has engaged in prohibited conduct may also be filed directly with the Joint Committee on Legislative Ethics. The process and procedures for a complaint filed with or referred to the Joint Committee on Legislative Ethics are outlined in the Maryland General Assembly Joint Committee on Legislative Ethics Workplace Harassment Complaint Policy and Procedures.    

Retaliation is prohibited. No individual covered by this Policy may be subject to adverse employment action, including being discharged, disciplined, discriminated against, or otherwise subject to adverse employment action because the individual reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Actions taken in retaliation constitute a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. An individual making a report will be advised of the prohibition against retaliation at the time the individual makes the report. As appropriate, remedial measures will be discussed with the individual who made a report.

B. Investigation

Except for a complaint filed with the Joint Committee on Legislative Ethics, if the problem is not resolved informally to the satisfaction of the individual who made the report, the Human Resources Manager will conduct an investigation of the report within 30 days of the complaint.  The Presiding Officer for the relevant chamber of a member who is the subject of an investigation shall be advised of requests for interim remedial measures and steps taken to prevent interference and retaliation during the investigation. Any person making a report or investigating a report may request an interim remedial measure. 

All information will be maintained on a confidential basis to the greatest extent possible. Only those who need to know in order to accomplish the purpose of the investigation will be provided with the identity of the complainant and the allegations. All parties, including the complainant and the alleged harasser, contacted in the course of an investigation will be advised of the necessity of confidentiality and that any breach of confidentiality will be treated as misconduct subject to disciplinary action.    

C. Resolution

If the investigation supports a finding of a violation of this policy, prompt and effective remedial action will be taken. Responsive action for a non-legislator may include, but is not limited to, warning, reprimand, training, referral to counseling, disciplinary action as the department or the Presiding Officers determine appropriate under the circumstances, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or termination.  

For constitutional reasons, disciplinary action for a legislator may include warning, reprimand, reassignment, expulsion, or other punishment in accordance with Article III, Section 19 of the Maryland Constitution, including referral for further investigation by the Joint Committee on Legislative Ethics. 

If the investigation does not support a finding that this policy has been violated, the individual making the complaint and the individual against whom the allegation was made will be advised of the determination.  Both individuals will be advised that retaliation for making or participating in the investigation of the complaint is prohibited.   

D. Appeal

If a Department of Legislative Service’s employee involved in the reported incident does not agree with its resolution, that party may appeal by initiating a grievance at Step III in accordance with the grievance procedures as described in the Personnel Guidelines for the Department of Legislative Services adopted by the Legislative Policy Committee. If a General Assembly member or employee is involved in the reported incident under this policy does not agree with its resolution, that party may appeal to the appropriate Presiding Officer within 10 days of receiving notice about resolution of the complaint. Within 45 days, the presiding officer or designee will render a decision on the appeal. 

IV.  Anti-Harassment and Discrimination Training and Education 

Beginning in 2019, and every two years thereafter, the Department of Legislative Services will conduct a climate survey of members and employees of the General Assembly and the Department of Legislative Services related to discrimination and harassment issues in the legislative branch of State government. The Department of Legislative Services will issue a report on the survey on or before October 1 of the year in which the survey is conducted.   

The Department of Legislative Services will arrange for an education and training program on sexual harassment and discrimination prevention for all members and employees that meets or exceeds the requirements of State law. Legislators must receive training at the beginning of the term and two years into the term. Legislators appointed during the term will receive individualized training. Training will be specialized to members and to staff, and must occur in–person, and may not occur online. 

Training for supervisory and managerial employees will address their specific responsibilities as well as the steps that such employees should take to ensure immediate and appropriate corrective action in addressing harassment complaints. Additionally, training will be provided for all authorized recipients of reports. Human Resources will undertake educational and outreach activities to further educate members and staff about harassment, discrimination, and these policies and procedures. 

V. Policy Summary  

This policy reflects the strong commitment of the Maryland General Assembly and the Department of Legislative Services to providing its members and employees with an environment free from unlawful discrimination, including sexual harassment, and from retaliation for exercising rights under this policy. The General Assembly and the Department are committed to investigating complaints of discrimination, harassment, and retaliation promptly and thoroughly, regardless of who brings them or against whom they are brought. 

The Human Resources Manager shall report annually to the Legislative Policy Committee the number of incident reports made each year, by type of workplace harassment and resolution.         

To report violations or if you have any questions about this policy, see or call any of the following persons:  list of contacts.

VI.  State and Federal Remedies for Employees 

In addition to the above, if an individual believes the individual has been subjected to unlawful discrimination or harassment, the individual may file a formal complaint with one of the governmental agencies set forth below. Using the legislature’s complaint process does not prohibit an individual from filing a complaint with one of these agencies. Each of the agencies has a time period for filing a claim of the alleged unlawful incident: (EEOC: 300 days; MCCR: 6 months). U.S. Equal Employment Opportunity Commission - https://www.eeoc.gov/ Maryland Commission on Civil Rights - http://mccr.maryland.gov/Pages/Intake.aspx

Sample Language and Policies

[Insert Agency or Legislature] will provide reasonable accommodations to female employees related to pregnancy, childbirth or related medical conditions, to the extent the accommodation can be made without imposing an undue hardship on the business. 

When an employee requests a reasonable accommodation, [Insert Agency or Legislature] will explore with the employee the possible means of providing the reasonable accommodation, which may include, but are not limited to:

• Allowing more frequent breaks or periodic rest.
• Assisting with manual labor.;
• Modifying job duties.
• Modifying work hours or schedules.
• Temporary transfer to a less strenuous or less hazardous position.
• Providing a leave of absence.

[Insert Agency or Legislature] may require the employee to provide a certification in connection with a request for reasonable accommodation that includes the following:

• The date the reasonable accommodation became medically advisable.
• The probable duration of the reasonable accommodation.
• An explanatory statement as to the medical advisability of the reasonable accommodation.

If leave is provided as a reasonable accommodation, such leave may run concurrently with any leave where permitted by state and federal law. Short-term disability benefits may be available in accordance with state law. 

For more information, or if you require an accommodation, please contact [insert name of appropriate person, title or department].

Sample Language and Policies

[Agency or Legislature] is committed to providing equal employment opportunities to qualified individuals with disabilities. This may include providing a reasonable accommodation when appropriate in order for an otherwise qualified individual to perform the essential functions of the job.  It is your responsibility to notify [insert the name of the appropriate person, title department], in writing, of need for accommodation. Upon doing so, you may be asked for your input on the type of accommodation you believe may be necessary or the functional limitations caused by your disability. Also, when appropriate, we may need your permission to obtain additional information from your physician or other medical or rehabilitation professionals. [Agency or Legislature] will not seek genetic information in connection with requests for accommodation. All medical information received by [Agency or Legislature] in connection with a request for accommodation will be treated as confidential.

Minnesota

The Minnesota Legislature is committed to complying with the provisions of the Americans with Disabilities Act (ADA) and affirms its commitment to the goal that individuals with disabilities shall not be excluded from participating in or be denied the benefits of any program, service or activity offered by the Legislature. 

It is the responsibility of legislators and legislative employees to support the goals, objectives and concept of the ADA and the Minnesota Human Rights Act in their dealings with the public, prospective employees, and co-workers.

Nebraska

It is the policy of the Legislative Council not to discriminate against a qualified individual with a disability because of such disability with regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

It is also the policy of the Legislative Council that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the Legislative Council, or be subjected to discrimination by the Legislative Council.

Sample Language and Policies

[Agency or Legislature] encourages its employees to report any incident which they believe is unlawful discrimination or harassment, including sexual harassment, regardless of whether they witnessed it or experienced it themselves. All complaints or information about suspected sexual or other harassment will be investigated, whether that information is reported in verbal or written form. Employees are encouraged to file written complaints. Complaint forms are available from [insert the name of the appropriate person, title or department] for use by any employee who wishes to report an incident of discrimination or harassment, or sexual harassment. Employees should submit any such complaint as soon as possible after the incident so that [Agency or Legislature] can respond quickly and appropriately.

Any complaints about discrimination or harassment should be reported to [insert the name of the appropriate person, title or department. It is recommended to specify two persons by job title or department. The organization should name no less than two persons in authority, preferably one male and one female, such as supervisor, HR director, elected official or agency head, etc]. Any employee who has reason to believe that another employee has been the victim of harassment or discrimination or who receives a report of alleged harassment or discrimination is required to report it to [insert the name of the appropriate person, title or department] immediately.  Any manager or supervisor is required to report any complaint that they receive, or any harassment that they observe to [insert the name of the appropriate person, title or department].

All complaints will be treated with sensitivity and discretion. We will investigate the complaint expeditiously, which may include interviews with the complainant, the alleged offender and any witnesses, and the review of any pertinent documents. Our investigation will be thorough and confidential and conducted in a manner that ensures due process for all parties. 

We will take prompt, appropriate and effective remedial action whenever harassment is found to have occurred. [Agency or Legislature] will protect the reporting person’s confidentiality to the extent possible, consistent with law and the [Agency or Legislature]’s need to perform a thorough investigation of the reporting person’s concern. To encourage reporting and to protect the reputation of an employee who may be the victim of an unsubstantiated complaint, the complaining party, the alleged harasser and all witnesses are urged to keep the charges and any information learned during the investigative process confidential. All employees, including managers and supervisors, are required to cooperate with any internal investigation of harassment. Where appropriate, a complaint may be referred to outside counsel for investigation.

During its investigation, [Agency or Legislature] may take intermediate steps to address the problem, as it believes is necessary and appropriate. Information obtained during an investigation, and all aspects of the investigation, will be included in a written report. At the end of the investigation, [Agency or Legislature] will promptly provide a summary of its conclusions to the employee who made the complaint and the alleged offender.

[Agency or Legislature]’s investigation will proceed in steps: Upon receipt of a complaint, the [person, title or department who received the complaint] will immediately review the allegations and take any appropriate interim action. Relevant documents, including emails, phone records and all electronic communications, will be requested, reviewed and preserved. All parties and any witnesses will be interviewed. Written documentation of the investigation will be created, which will include a description of all documents reviewed, the names of all individuals interviewed with a summary of their statements, a timeline of events, a summary of prior relevant incidents, and the final resolution of the complaint, including corrective action, if any. 

If, after investigation, [Agency or Legislature] finds that unlawful discrimination or harassment has occurred, prompt and appropriate action will be taken to resolve the problem. Such steps may include, for example, disciplinary action against employees found to have engaged in sexual or other harassment, including warnings, reprimands, counseling, training, suspension, demotion or termination of employment, as [Agency or Legislature] determines to be appropriate in the circumstances.  Disciplinary action may also be taken against a manager who has knowingly allowed sexual harassment to continue.

Arkansas Bureau of Legislative Research

3.13.  Employee Concerns and Grievances 

a.  In General

It is Bureau policy to treat each employee fairly and equitably, to fully comply with all applicable federal and state laws and regulations pertaining to employment and civil rights, and to conform to the personnel policies contained in this manual. The use of effective lines of communication should resolve most problems. However, for those problems that are not resolved through normal communication an employee may use the Bureau's grievance procedure. All complaints received under the grievance procedure will be investigated. 

b.  Grievance Procedure 

Any harassment or suspected harassment as defined in Section 3.11 or any Americans with Disabilities Act violation should be reported to the complainant employee’s supervisor. The supervisor shall immediately notify the appropriate division head and the Legal Counsel to the Director. If the harassment or violation involves the supervisor, then the harassment or violation should be reported by the employee to the appropriate division head. A report may also be made directly to the Legal Counsel to the Director. A written statement by the complainant stating all pertinent facts shall be filed with the appropriate division head and the Legal Counsel to the Director within thirty (30) days after the occurrence of the most recent alleged harassment or violation. The employee accused of the alleged harassment or violation shall be notified of the complaint and provided a copy of the written statement. The accused employee will be given an opportunity to respond to the allegations made against him or her. 

The investigation, including the results of the investigation, the determination made, and the outcome of any appeal, will be kept confidential and information will be provided only to employees of the Bureau on a need-to-know basis.

Any employee who receives a report of or has knowledge of any alleged harassment or ADA violation shall promptly inform his or her supervisor or the appropriate division head. Legal Counsel to the Director shall investigate each complaint and make a determination of the facts within sixty (60) days after receiving the written statement. The investigators shall provide the complainant and the employee accused of the harassment or ADA violation with a written determination as to the validity of the complaint. If the investigators determine that the complaint is valid, they may recommend the imposition of action against the employee accused of the harassment or ADA violation up to and including discharge.   

The determination made by the division head and Legal Counsel to the Director may be appealed to the Director by the employee accused of the harassment or ADA violation or the employee who filed the grievance. If an employee wishes to appeal, the appeal must be filed within three (3) working days after the last written decision received by the employee. 

If an appeal is received by the Director, he or she will make every effort to conduct a formal meeting with the employee within ten (10) working days after receiving the written appeal and will render a written decision within five (5) working days after the meeting unless good cause exists for extending the deadline for making the determination. 

The investigative files, including the complaint, will be maintained by the Legal Counsel to the Director. Any disciplinary action taken shall also be documented in the offending employee’s personnel file. 

The right of a person to a prompt and equitable resolution of a complaint filed with the Bureau shall not be impaired by the person’s pursuit of other remedies such as the filing of a complaint with the Equal Employment Opportunity Commission (EEOC). 

Nebraska Legislature

Employee Grievance and Complaints

Eligibility. All employees occupying a permanent position have grievance rights, except as provided in the section below on “Non-Grievable Issues.” Also, applicants, temporary employees, and employees on original probation have no grievance rights within these grievance procedures.

Grievance of Application of Personnel Rules or Conditions of Employment. Eligible employees who are aggrieved as the result of management actions involving an alleged misinterpretation and/or misapplication of Legislative Council Policies or State Statutes may formally grieve actions. Grievances not resolved with a Senator or division director may be appealed to the Executive Board by filing a grievance and completing the steps of the procedure outlined below.

Grievable Issues. Actions which may be ultimately appealed to the Executive Board are grievable issues. The Executive Board has the final authority to determine whether or not an issue is grievable.

Non-Grievable Issues. Examples of issues which are not grievable include, but are not limited to, the following:

- performance review content, except as set forth below;

- salary grade assignments;

- appointments including promotions to positions;

- leave of absence decisions;

- moving allowances;

- denial of tuition assistance;

- merit increase allocations;

- all disciplinary actions against personal senate staff;

- investigatory suspensions against personal senate staff; and

- alleged political affiliation discrimination against personal senate staff.

Issues determined to be non-grievable are subject to summary dismissal.

Performance Reviews. An employee (excluding personal senate staff) may only grieve the contents of a performance review, based on one of the following:

- That undue influence was exerted on the rating official to distort the objectivity of the review;

- That the rating official was not in a direct supervisory or management position covering the daily work of the employee being rated.

The only finding authorized by the Executive Board during the grievance procedure in such cases is (1) the retention of the performance review as written to remain a part of the employee's permanent record, or (2) destroying the entire performance review and all reference to it in the employee's permanent record.

Effect of Grievance on Management Action and Employee Status. Filing of a grievance does not delay the effective date of any management action. Filing of a grievance shall not jeopardize the grievant's position, opportunities for advancement, or salary increases. No employee may be coerced by a Senator, division director, or other employees into not proceeding with a grievance or not appearing as a witness at a hearing.

Depositions and Discovery Process During Grievances Involving Dismissal. The employee and/or the Legislature may take the deposition of any witnesses or the other party upon 10 work days notice to the other party in grievances involving dismissal. At any stage after this type of grievance is put into writing, the employee and/or the Legislature has the right to request documents relevant to the grievance. (Only documents may be requested through the discovery process.)

Such requests and/or notice shall be addressed to the party from which the documents are sought, with a copy supplied to the Chairperson of the Executive Board. Only documents which are relevant or would lead to relevant evidence for the grievance may be requested; however, in no case may documents be requested which are recognized as privileged by the Courts of this State.

Documents must be provided within 10 work days of receipt of request, unless objections are entered. Objections to such requests may be made only to the Chairperson of the Executive Board within five work days of receipt of the request. The Chairperson shall affirm or deny such objections within 10 work days of receipt of the objections and shall establish time limits for response when objections are denied.

Within five work days of receipt of the documents, the requesting party shall notify the answering party of any failure on the part of the answering party to properly respond to the request.

Except where objections to such requests are sustained, the failure to respond to any discovery requests may result in the answering party being denied the right to introduce the requested evidence or such other remedy as is deemed appropriate by the Chairperson of the Executive Board.

Settlement.  At any time during the grievance procedure, the parties may reach a settlement and thereby terminate the process. The settlement must be in writing and is binding on both parties.  The settlement must be signed by both parties, and shall include a statement that neither party will pursue the matter further as long as settlement agreements are followed. A copy shall be sent to the Chairperson of the Executive Board. At this point, the grievance will be considered to be withdrawn and the matter considered closed by the grievant. If either party fails to abide by a settlement, the violation may be grieved.

Grievance Procedure Steps and Time Allowances. (If the grievance involves an involuntary separation, the grievant may skip Step 1 and go directly to Step 2—Executive Board level.) If the supervisor, in the first two steps of a grievance, fails to respond to the grievant within the specified time period, the grievance shall be considered denied, and the grievant may forward his/her grievance to the next step. If the grievant fails to advance a grievance to any step, the grievance shall be considered discontinued by the grievant and the matter is considered closed. Time allowances of any steps may be extended by the Chairperson of the Executive Board as long as both parties are notified of the extension and the reason for it or by mutual agreement of the parties. The progressive steps and time allowances for the official grievance procedures are as follows (work days exclude Saturdays, Sundays, and state holidays):

Step 1.  Formal Written Grievance.  Within 15 work days of the occurrence of the grieved action (or from the day the employee could reasonably have known about the action) the employee shall present a formal written grievance to his or her immediate supervisor. This document shall contain a statement of the grievance by indicating the issue(s) involved, the relief sought, the date the grieved action took place, if known, and the specific section or sections of State Statutes or Legislative Council Policies involved.

If the immediate supervisor did not make the grieved decision, he or she shall note this fact in writing and forward it to the person who made the decision within two work days, skipping any levels of intermediate supervision.

If the immediate supervisor is the person who made the decision that resulted in the grievance, he or she shall, within 10 work days of receiving the formal written grievance, discuss it with the grievant and prepare a written response. If the grievant is not satisfied with the response of the immediate supervisor, and if the immediate supervisor is someone other than the grievant’s Senator or division director, the grievant may deliver the formal written grievance to his or her Senator or division director for review and action. 

The Senator or division director shall discuss the grievance with the grievant, then reply in writing within five work days of receiving the formal written grievance. The Senator or division director shall be responsible for consulting with all necessary levels of supervision in the preparation of his or her written response to the grievant.

Step 2. Appeal to Executive Board. If the grievant wants to appeal the decision of the division director or Senator to the Executive Board, the appeal must be filed within five work days of receipt of the Step 1 reply. The appeal process is not to be abused through frivolous use.

A. Mediation. The Chairperson of the Executive Board may appoint a neutral mediator within five work days of receipt of the appeal. All parties shall be notified by the Chairperson of the Executive Board of the appointment of a mediator. The mediator shall be either the Public Counsel or the Deputy Public Counsel for all cases not involving employees of the Ombudsman's Office. The Clerk of the Legislature or the Assistant Clerk shall act as mediator in any appeals involving employees of the Ombudsman's Office. The neutral mediator shall discuss the grievance with the grievant and Chairperson of the Executive Board, Senator or division director, to determine if a settlement can be reached. If either party rejects mediation, or if no settlement or decision is reached within 10 work days after the notification of appointment of a mediator, the Chairperson of the Executive Board shall notify all parties of the rejection of mediation or of the failure to reach a settlement.  At that time, the process goes to Step B below.

B. Executive Board Hearing. If a grievance is appealed to the Executive Board, the Executive Board shall determine if an appeal hearing will be held. The Executive Board may elect to conduct the hearing or may designate that a hearing officer shall be appointed by the Chairperson of the Executive Board to conduct the hearing and recommend a decision to the Board.  

The Chairperson of the Executive Board shall, on behalf of the Executive Board, notify the appropriate parties that an appeal has been filed. The grievant may appear in his or her own behalf in the appeal, or may be represented by an attorney.

If a hearing officer is designated to hear a grievance appeal, the grievant, Senator or division director may disapprove the initial designation and request that another person be designated as the hearing officer. The second designation as chosen by the Chairperson of the Executive Board shall be final.

The Executive Board or hearing officer shall hold a hearing at the earliest date possible, or the Executive Board shall inform all parties that the issue is not grievable. A decision by the Executive Board that the issue is not grievable is final.

The Executive Board or hearing officer may require a pre-hearing conference to deal with such matters as may be appropriate, including: The exploration of settlement possibilities; the preparation of stipulations; clarification of issues; rulings on identity and limitation of the number of witnesses; objections to proffers of evidence; determinations of the extent to which direct evidence, rebuttal evidence, or cross examination will be presented in written form; the extent to which telephone, television, or other electronic means will be used as a substitute for proceedings in person; the order of presentation of evidence and cross examination; rulings regarding issuance of subpoenas, discovery orders, and protective orders; and such other matters as will promote the orderly and prompt conduct of the hearing.

The Executive Board or hearing officer shall issue a pre-hearing order incorporating the matters determined at the pre-hearing conference. The Executive Board or hearing officer may conduct all or part of the pre-hearing conference by telephone, television, or other electronic means, if each participant in the conference has an opportunity to participate in, to hear and, if technically feasible, to see the entire proceeding while it is taking place.

Failure by either party to appear at a pre-hearing conference or respond timely to a pre-hearing order may bind that party to  the issues, witnesses, evidence, etc., submitted by the opposing party, or to those established by the Executive Board or hearing officer, which shall control the presentation of issues, witnesses, exhibits, etc., during the hearing.

When a hearing on the appeal is to be held, a hearing date shall be set by the Executive Board or hearing officer, and the Executive Board or hearing officer shall serve written notice of the time and place of hearing upon the grievant, the Step 1 decision-maker, and all attorneys of record involved in the appeal. The Chairperson of the Executive Board, another member appointed by the Chairperson of the Executive Board, or a hearing officer shall preside at the hearing and rules of evidence shall not apply.

Either party may present witnesses and/or written data; however, each party is responsible for contacting witnesses and arranging for their appearance. The Chairperson of the Executive Board or hearing officer, or a designee, may administer oaths to witnesses at the hearing.

If either party to a grievance hearing before the Executive Board wishes to use any legislative employee as a witness in the presentation of their case, they shall request the Executive Board or hearing officer, through the Chairperson of the Executive Board, to compel the attendance of the witness. No employee shall appear at a grievance hearing before the Executive Board or hearing officer without a "compelled to attend" order from the Chairperson of the Executive Board. The Executive Board or hearing officer may also limit the number of witnesses either party may call to testify, considering relevancy of proposed testimony and whether or not it would be repetitious.

If employees are compelled to attend a hearing during their regularly scheduled work hours, they shall be granted sufficient time off from their assigned duties to appear and shall not have their pay reduced as a result.

The Chairperson of the Executive Board or hearing officer may issue subpoenas. Either party to the grievance may request that witnesses be subpoenaed. The cost of serving any subpoenas shall be paid by the requesting party. Applications for issuance of subpoenas shall be submitted to the Chairperson of the Executive Board or hearing officer. Applications must be in writing and submitted at least eight days prior to the hearing.

The Executive Board or hearing officer may request opening and/or closing statements from both parties in the grievance hearing. The parties may be required to submit summary briefs at the direction of the Chairperson of the Executive Board or the hearing officer.

Senators or division directors may present their cases either personally or through their authorized representatives. The Senator or division director bears the burden of proof of showing that his or her decision was made in good faith and for cause, and of showing that the proper procedures, rules and regulations or relevant statutes were followed. The Senator or division director shall normally proceed first in the presentation of evidence in the hearing. The Executive Board or hearing officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.

The grievance hearing before the Executive Board or hearing officer shall normally be open to the public, unless the grievant requests a closed hearing, in which case the Executive Board or hearing officer shall determine whether or not the hearing shall be closed, and that decision shall be final. If the hearing is closed, certain persons may be admitted if the Executive Board or hearing officer determines their presence is appropriate.

In the event that one party fails to appear at the grievance hearing scheduled by the Executive Board or hearing officer, both parties to the grievance shall be advised of a new date for a hearing on a default judgment against the party who failed to appear. At that hearing, default judgment shall be entered unless the party who failed to appear shows good cause for having failed to appear. Failure to appear at the rescheduled hearing shall be sufficient cause for the Executive Board or hearing officer to enter a default judgment against the party who failed to appear.

If a hearing officer conducts the hearing, written recommendations shall be issued and forwarded to the Executive Board within 15 work days after the date of the hearing. The Executive Board shall then meet as soon as possible to decide on the recommendations.

C.  Scope of the Executive Board’s Review. The authority of the Executive Board is to assure that the decision of the Senator or division director was made in good faith and for cause, and to assure that the proper procedures, rules and regulations or relevant statutes were followed.

D.  Decision of the Executive Board. The Executive Board’s final decision requires a majority vote of those hearing the appeal. If a tie vote is cast, the decision of the Chairperson of the Executive Board shall prevail.

The Executive Board shall normally announce its decision immediately following its balloting, but in no case later than its next formal board meeting. The formal written decision shall be issued within 15 work days after the date the Executive Board arrives at a decision, and shall be signed by the Chairperson of the Executive Board, with individual Executive Board members' votes recorded.

The drafting of a dissenting opinion shall be the responsibility of the dissenting Executive Board member. The written dissenting opinion shall be sent to the Chairperson of the Executive Board within 15 work days of the date the Executive Board arrives at a decision unless an extension is granted by the Chairperson of the Executive Board, or by majority vote of the Executive Board members present.

A record of all proceedings shall be kept in the office of the Chairperson of the Executive Board.

Actions of the Executive Board after the Appeal Hearing. Copies of the Executive Board's decision shall be forwarded to the grievant, the Senator or division director, and any other parties the Executive Board decides are entitled to a copy. The original copy of the decision shall be filed in the Clerk of the Legislature's office. The Executive Board’s formal written decisions are public information and are available for review, unless the hearing was closed, in which case only the Executive Board’s motion and vote shall be made public.

The decision of the Executive Board shall be binding on all parties involved.  No further appeals are provided by policy or law.  

Sample Language and Policies

Connecticut General Assembly

The job performance of each regular non-partisan employee shall be evaluated at least once each year. The evaluation shall be done by the employee's immediate supervisor and reviewed by the office director. Employee performance appraisals are designed to evaluate whether an employee meets the expectations for the job to which the employee is assigned, what development or training needs exist, and to assess an employee’s attainment of extraordinary levels of achievement such that the office director might recommend an increase in pay or promotion to a higher class.

South Dakota

Employee performance appraisals, utilizing a system determined by the Director, shall be conducted at least annually for the purposes of reviewing employee performance, encouraging employee development, setting employee goals and expectations, and improving employee work performance. Performance appraisals shall be conducted each Spring following the completion of each regular legislative session.

Sample Language and Policies

In compliance with the federal Immigration Reform and Control Act of 1986, each new employee must complete the portion of the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility on the first day of employment.

If an employee is authorized to work in this country for a limited time period, the individual will be required to submit proof of renewed employment eligibility prior to expiration of that period to remain employed by the [Agency or Legislature].

Minnesota LCC

Immigration Reform and Control Act 

Under the Immigration Reform and Control Act enacted on November 6, 1986, employers are required to verify that all new employees are either United States citizens or aliens authorized to work in the United States. Consistent with this law, employment in the Minnesota Legislature will be contingent upon completion of an I-9 form and the ability to provide the necessary documents of citizenship and work authorization. Employees are required to complete the recertification section whenever their legal name changes. Employees should contact their human resources or payroll representative for this form.

Sample Language and Policies

Nebraska

PERSONNEL RECORDS

Accessibility of Records. Subject to state and federal law, the records of the Accounting and Budget Office are public and open to public inspection during regular office hours at such times and following such procedures as may be prescribed by the Legislative Business Manager. All personnel data maintained by the Legislative Accounting and Budget Office and in computer data bases, microfilm files and personnel folders shall be secured in strict conformance with federal and state laws governing the confidentiality of information. The information concerning an employee's or former employee's name, position, gross salary, date of hire, date of separation and agency where employed shall be considered public information. Non-public information may be released to the employee, and the employee's supervisory chain of command up through the division director or Senator (if personal senate staff) and to other state agencies performing a civil or criminal law enforcement investigation authorized by law. Non-public information from a current or former employee’s personnel file may be released to a requesting party provided the employee has signed a release authorization, or a legal warrant is served requesting such information.

Maintenance of Records. The Legislative Accounting and Budget Office shall maintain certain personnel records. The required records are:

Individual vacation and sick leave records. NIS leave records are adequate for purposes of meeting this rule.

Records of all personnel transaction forms pertaining to individual employees.

Records of documents initiated by the employee that affect pay (W-4's, authorized deductions, etc.).

A former employee’s personnel file may be destroyed 10 years after the employee's separation date. A brief file or information card shall be retained containing an employee’s dates of employment and rates of pay. If there is a legal and/or administrative proceeding regarding the employee, records should be retained 10 years after all actions and/or appeals are complete and final.

The division director’s or Senator's office shall maintain copies of the most recent performance reviews.

Rights of Review. Employees shall have the right to review their personnel file during regular office hours. Review may be done in the presence of a supervisor or the Legislative Accounting and Budget Office personnel.

Negative Documentation. Documentation (including performance reviews) which reflects unfavorably on an employee or former employee shall not be placed in his or her personnel file without his or her knowledge.

No negative documentation shall be placed in an employee's file after the separation of the employee unless the former employee is notified. Exceptions are reports, letters or documents originated and signed by the employee. An employee or former employee shall have the right to file a written rebuttal within 30 calendar days from date of notice to any negative documentation placed in his or her file with the exception of grievances settled. This written rebuttal shall be placed in the employee's personnel file.

Medical Information. Any medical-related information concerning employees shall be kept in a separate, secure file. In no case shall it be commingled with other personnel information.

Sample Language and Policies

Connecticut

Section 4.4—Personnel and Medical Files

(1) Responsibility for Maintenance of Records

Personnel files containing information on employment, benefits, salary records, performance evaluations, and other records are maintained for each employee. Employee medical records are kept in a separate medical file. The Office of Legislative Management maintains the official personnel and medical files of all legislative employees. The Office of Legislative Management monitors the maintenance and ensures the safekeeping of these files.

(2) Content of Records

(a)         An employee's personnel file may include but is not limited to:

1.           employment application or resume;

2.           performance appraisals (non-partisan employees only);

3.           records of promotion and transfer;

4.           salary information;

5.           disciplinary material (non-partisan employees only);

6.           requests for and approval of leave.

(b)         An employee's medical records may include, but are not necessarily limited to:

1.           medical certificates;

2.           medical reports;

3.           reports of on-the-job injuries;

4.           workers' compensation records;

5.           reports of physical or psychological examinations;

6.           statements concerning an employee's health or illness submitted in connection with a request for leave.

(3) Access to Records

Upon request to the Office of Legislative Management, an employee may review his or her personnel or medical files during regular office hours. Copies of any material in the employee's file shall be made available to the employee upon request, at no charge.

In accordance with Section 4-194 of the General Statutes, if the Office of Legislative Management determines disclosure to the employee of medical, psychiatric, or psychological data concerning him or her would be detrimental to that person, the Personnel Administrator may deny access to such information to the employee. In such case, however, the employee may request the information be disclosed to the employee’s physician. 

Medical files are considered confidential files and are not subject to disclosure.

(4) Correction of Material in a File

If an employee contests the accuracy or completeness of information in the personnel file, the employee may add a statement to the personnel file setting forth what the employee believes to be an accurate or complete version of the record. This statement shall be appended to the material in question and become a part of the file.

An employee who contests the accuracy of information in the personnel file may also file a written request with the Office of Legislative Management for correction of the material. The request shall specify the material to be corrected and the specific reason for the request. The Office of Legislative Management shall investigate the request and make a recommendation concerning same to the Executive Director. The decision of the Executive Director on the request shall be forwarded to the employee. The Executive Director's decision shall be final.

(5) Retention of Records

The personnel and medical files of an employee shall be considered permanent records and shall not be destroyed until at least 25 years following the employee's termination. 

In extraordinary circumstances, the Executive Director may approve the earlier destruction of material in a personnel or medical file if the Executive Director finds the material is no longer relevant and necessary to accomplish the business of the General Assembly and the Joint Committee on Legislative Management.

Minnesota Senate

The Senate’s policy is to hire, promote and transfer employees based on qualifications, avoiding favoritism or discrimination in making personnel decisions. The employment of relatives in positions where one relative has influence over the other’s job status is regarded as a potential violation of that policy. Therefore, applicants will not be hired, nor will current employees be promoted or transferred, when the result would be the creation of a manager-subordinate relationship between relatives. Employees who become relatives, as defined below, after they have been hired may continue employment so long as that does not result in a manager-subordinate relationship between relatives.

Relatives of Senators will not be hired. If, after an employee has been hired, either: a) a relative of a Senate employee is elected to the Senate, or b) a legislator becomes a relative of the employee, this policy does not require termination of Senate employment.

Definitions

Relative: a spouse; parent, stepparent, or grandparent; child, stepchild or grandchild; brother or sister; father-, mother-, brother-, or sister-in-law; uncle or aunt; nephew or niece; or a person with whom an applicant or employee shares a household.

Procedures

(a) An applicant for employment by the Senate will be asked whether she or he is a relative of an employee or a member of the Senate. If the applicant has such a relationship, he or she is not eligible for employment in a position that would entail a manager-subordinate relationship with the relative.

(b) If a relationship that is contrary to this policy develops after the start of employment, the Director of Human Resources and the manager or managers of the parties will review the situation. They will make efforts to find a position within the Senate to which one of the parties may transfer to eliminate the manager-subordinate relationship. If the Secretary of the Senate determines that accommodations of that nature are not feasible, the parties will determine which of them will resign her or his position with the Senate.

Nebraska

No Senator, division director or employee shall hire or supervise directly a member of his or her immediate family. Furthermore, no employee within a Senator’s office shall have an immediate family relationship with another employee in that office. Immediate family shall be considered as: spouse, children, parents, grandparents, grandchildren, brothers, sisters or persons bearing the same relationship to the spouse (including the same for in-laws and step relations).

Sample Language and Policies

Arkansas

3.02. Nonpartisan/Political Activity

a. In General

The Bureau is a nonpartisan staff organization. Therefore, it is the duty of each employee to provide services to all members of the Arkansas General Assembly regardless of political party affiliation. An employee shall put aside his or her own personal political beliefs in order to provide objective and accurate information to members.

Under state law, a state employee is not prohibited from engaging in political activity on his or her own time. How to exercise this right is a difficult issue, considering the expectation of legislators that Bureau employees will serve in a nonpartisan manner. Participation in political activities may affect an employee's ability to perform his or her duties in working for all members of the General Assembly. Prior to participating in a political activity for a campaign or ballot issue, Bureau employees shall seek the advice of the Director.

Regardless, Bureau employees shall not engage in political activities of any nature during normal work hours, nor may Bureau facilities or equipment be used for these purposes at any time. Please note that Arkansas Code § 7-1-103 prohibits employees from devoting any time or labor during usual office hours toward the campaign of a candidate. It also prohibits employees from using for campaign purposes property provided with public funds. A violation of Arkansas Code § 7-1-103 is a Class A misdemeanor, and a person convicted of the offense is ineligible for further state employment and is ineligible to hold a state office.

b. Political Paraphernalia

An employee cannot use a personal vehicle for Bureau business if the vehicle displays a bumper sticker, sign, or other advertisement advocating for or against a political party, a candidate, or a political issue.

c. Appointments

In furtherance of maintaining the Bureau’s impartiality and nonpartisan position, Bureau employees will not be allowed to serve as appointees on State boards and commissions.

3.03. Impartiality

The Bureau has a statutory duty to assist ALL members of the General Assembly. An employee shall avoid favoritism or the appearance of favoritism toward a legislator or group of legislators. Employees must provide services to legislators who have a variety of viewpoints and goals. A legislator must have confidence that the employee will do his or her best to assist a legislator regardless of the legislator's views. Therefore, an employee shall put aside his or her personal views in order to provide objective and thorough assistance. An employee should strive to build a reputation for objectivity and impartiality.

Illinois Senate

Prohibited Conduct

Employees shall not intentionally misappropriate any State property or resources by engaging in any prohibited political activity for the benefit of any campaign for elective office or any political organization. (5 ILCS 430/5-15(a)).

At no time shall any Senator, supervisor or employee intentionally misappropriate the services of any employee by requiring that employee to perform any prohibited political activity as part of that employee’s State duties, as a condition of State employment, or during any time off that is compensated by the State (such as vacation, personal, or compensatory time off). (5 ILCS 430-5-15(b)).

An employee shall not be required at any time to participate in any prohibited political activity in consideration for that employee being awarded any additional compensation or employee benefit, in the form of a salary adjustment, bonus, compensatory time off, continued employment, or otherwise. (5 ILCS 430/5-15(c)).

An employee shall not be awarded any additional compensation or employee benefit, in the form of a salary adjustment, bonus, compensatory time off, continued employment, or otherwise, in consideration for the State employee’s participation in any prohibited political activity. (5 ILCS 430/5-15(d)).

An employee may not promise anything of value related to State Government, including but not limited to positions in State government, promotions, or salary increases, in consideration for a contribution to a political committee, political party, or other entity that has as one of its purposes the financial support of a candidate for elective office. (5 ILCS 430/5-30).

Tennessee

Tennessee Code Annotated, Title 2, Chapter 19, Part 2, states that it is unlawful for any person employed by the state to engage actively in political campaigns, to attend political meetings or rallies, or to perform political duties or functions of any kind not directly a part of such person’s employment during those hours of the day when such person is required by law to be conducting the business of the state (8:00 a.m. to 4:30 p.m.). Violation of this act is a Class C misdemeanor as such activities are defined by statute as unlawful. Under TCA 40-35-111, the penalty for a Class C misdemeanor is a sentence of not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both.

Such activities include, but are not limited to, actively soliciting participation in political campaign activities and actively soliciting campaign funding contributions. There are a number of ministerial duties which employees will be required to perform as a regular part of their work assignment for Members of the Legislature. Such ministerial duties are not a violation of this policy. However, if you have any questions concerning activities which may be considered to be outside the scope of your assignment, you should contact the Office of Legislative Administration for clarification.

During periods of leave (vacation or compensatory leave or approved leave without pay) or during those hours that employees are not required to be conducting the business of the state employees may participate in political activities without violating the political activity statute.

The political activity statute also states that employee may not display campaign literature, banners, placards, streamers, stickers, signs or other items of campaign or political advertising on the premises of any building or land owned by the state, nor may employees use any of the facilities of the state, including equipment and vehicles for such purposes.

Sample Language and Policies

Maryland General Assembly

Resignation and Removal  

Legislative employees are expected to provide a two-week notice of resignation in writing. This letter should be directed to the supervising member with a copy sent to the Human Resources Office. Prior to the employee’s last day in the office, the employee must: 

• contact the Human Resources Office to schedule an appointment for completing required exit forms, and

• return all General Assembly property, including keys, security proximity card, equipment and any other legislative materials issued during the course of employment. 

Legislative employees are “at-will” employees who have no contractual right to continuing employment and serve at the pleasure of the supervising member(s). An employee may be removed from the payroll by written notice to the Human Resources Office from the supervising member(s). 

Violations of these Maryland General Assembly Personnel Guidelines policies and standards of conduct may result in discipline or removal.  

Termination with Prejudice 

As discussed above, all General Assembly employees are at-will employees and, as such, may be terminated at any time with or without cause and without advance notice. It is the policy of the General Assembly that, at the discretion of the presiding officers, a termination may be officially identified as being made with prejudice. A termination with prejudice is defined as such when an employee’s actions constitute a serious violation of the General Assembly regulations, policies, or standards of conduct, and are so egregious to the extent that the employee is permanently barred from employment in any capacity with the State. Under State law, an individual terminated with prejudice is ineligible for re-hire with any State agency and will be notified of this determination in writing.

Sample Language

Connecticut General Assembly

General Statutes § 1-84 (k) – the “necessary expenses” provision – prohibits a state employee or official from accepting a fee or honorarium for participating at an event in his or her official capacity.

However, a state employee or official may receive payment or reimbursement for “necessary expenses” if – in his or her official capacity – the employee or official actively participates in the event (for example, gives a speech or runs a workshop).

“Necessary expenses” are not considered gifts and may include the cost of:

“Necessary expenses” do not include the cost of entertainment (tickets to sporting events, golf outings, night clubs, etc.) or payments of expenses for family members or other guests.

Only a sponsor of the event in which you are participating may pay for or reimburse your “necessary expenses.” Advisory Opinion No. 2012-9.

Within 30 days of receiving payment or reimbursement of “necessary expenses” for lodging and/or out-of-state travel, the employee or official must file an ETH-NE form with the OSE.  General Statues § 1-84 (k).

Illinois Senate

The Senator’s expectation is that employees will strive to be good stewards of public funds and minimize work related travel expenses as much as is reasonably possible. Employees should choose the most economical options relating to lodging and transportation, with consideration given to ease of carrying out work duties and employee safety. Employees should plan travel arrangements in advance to minimize costs but still carry out their duties in an effective manner.

The State of Illinois will reimburse employees for business travel expenses at rates not to exceed those established and published by the Legislative Travel Control Board. Employee travel must be approved by the Senator prior to the travel. Information on reimbursement rates and hotels offering governments rates can be found in the Legislative Travel Guide and the Preferred Hotel Listings, which can be found at http://www.auditor.illinois.gov/Legislative-Travel-Control-Board.

An employee seeking state reimbursement for travel related to official state business should submit all travel detail (including dates, times, locations, and all original receipts and supporting documentation) to the Secretary of the Senate, who will complete the voucher reimbursement form as described in 30 ILCS 105/12.

Sample Language

Arkansas Bureau of Legislative Research

If available, an employee should use a Bureau vehicle for required travel, unless the employee is approved for out-of-state travel in a personal vehicle under Section 4.11.c.   

When taking a Bureau vehicle for required travel, a Bureau employee is required to use the Bureau credit card to fill the vehicle with gas. The Bureau employee shall provide a receipt for the gas purchased to the Chief Fiscal Officer upon his or her return to Bureau offices. Failure to provide a receipt for gas purchases for Bureau vehicles may result in disciplinary action.  

If the employee does not use a Bureau vehicle for approved travel to an in-state, but out-of-town site, when a Bureau vehicle was available for the employee’s use, the employee shall be reimbursed the actual cost of gas rather than mileage for the trip. The employee shall submit a TR-1 with accompanying original receipts for gas purchases upon return to the BLR offices.   

If the employee does not use a Bureau vehicle for approved travel to an out-of-state site, the employee shall be reimbursed for approved travel at the allowable mileage rate. The Travel Coordinator may be contacted for information about the allowable mileage rate.  

Prior approval is necessary for an employee to receive reimbursement for the rental of a vehicle for use at an out-of-state conference. The employee requesting approval of the rental of a vehicle shall submit in writing:  (1)  the reasons for requesting the vehicle; (2) a cost analysis comparing the cost to rent the vehicle versus using other means of transportation or different lodging accommodations; and (3) any other pertinent information justifying the rental of the vehicle.  

A spouse or other individual may accompany a Bureau employee on an official business trip at the employee's own expense. However, no person, including a spouse of a Bureau employee, shall travel in a Bureau-owned, rented, or leased vehicle, unless the person has an official state business interest in the travel. 

Sample Language and Policies

Oregon Legislature
Legislative Branch Personnel Rule 3: Classification APPLICABILITY: This rule applies to all employees of legislative agencies and parliamentary offices. (1) Purposes. The purposes of classification are to: (a) Identify and group similar types and levels of work into classes; (b) Describe those classes accurately in order to ensure that the classes are clearly differentiated so that each position can be allocated appropriately; (c) Provide a framework for conducting recruitment and selection activities; and (d) Provide a foundation on which to identify relationships among classes for purposes of salary administration, in order to achieve equitable comparability in value between work performed by employees in legislative agencies and parliamentary offices, and work performed in other branches of state government, as reflected in the compensation and classification structure of the state system.

(2) Goals. The Legislative Branch shall adopt and maintain a branch-wide class specification plan under which: (a) Legislative agencies group jobs into broad, agency-wide classes whenever possible. (b) Legislative agencies reduce the total number of classes consistent with good management practices and ORS 240.190 and 243.650 to 243.782. (c) Classes of jobs are discrete and internally consistent.

(3) Interpretation of class specifications. All class specifications must describe typical duties that employees occupying positions in the class may be required to perform. Class specifications must identify a type and level of work and must be explanatory but not restrictive. The description of particular tasks in a class specification may not be construed as a detailed statement of the work requirements of a position and does not preclude the assignment of other appropriate tasks.

(4) Allocation of new positions. When a new position is established, the appointing authority shall submit a position description to Employee Services. An Employee Services team shall review the duties, authorities and responsibilities of the position and assign an appropriate classification to the position. If it appears to the team that the duties, authorities and responsibilities require establishment of a new class of positions, the Human Resources Director shall begin the process of establishing the class.

Washington Senate

 (1) The Senate Classification Plan is based on determination and evaluation of duties and responsibilities for all authorized positions. Each authorized position is allocated to an appropriate job class. Each job class identifies a position, or a group of positions, sufficiently similar in duties so that the same requirements of training, experience, or skill and the same title and salary range may be applied. Each job class is defined by a published specification which includes a class title, statement of responsibilities, description of typical work, minimum qualifications and assigned salary range.

(2) Job class specifications are periodically reviewed and revised, as needed to keep the classification plan current. Staff directors and supervisors may request approval from the Facilities & Operations Committee, through the Secretary of the Senate, for the initial allocation or subsequent reallocation of authorized positions to a job class as provided for in the classification plan.
(3) Initial appointment will normally be at the first salary step within the appropriate salary range for new annual employees. However, to accommodate the needs of the Senate as determined on a case-by case basis, additional step credit for a higher initial appointment may be granted based upon an evaluation of the appointee’s education and experience by the Secretary of the Senate. The policy for calculation of step credit shall be established by the Facilities & Operations Committee and provided by the Secretary of the Senate on request.

Wisconsin Senate

Assignment of Classifications and Steps.

The Committee on Senate Organization has adopted guidelines for determining each employee’s classification and step level. These guidelines may be adjusted by the Chief Clerk in consultation with Senate leadership.

The Chief Clerk shall make a determination of each new employee’s proper classification and step level, according to these guidelines. Upon request by the appointing authority, the Chief Clerk will inform the appointing authority of each employee’s maximum eligibility level, and with the consent of the appointing authority, adjust the employee to the proper classification and step level. An employee may transfer to the Senate from another state agency without loss of pay status if the employee qualifies for the salary under the Senate guidelines. However, this does not exempt the employee’s salary from any applicable salary budget.

Sample Language and Policies

Employees will be paid semimonthly on the 15th of the month and the last day of the month for the periods that have ended on the 15th of the month and the last day of the month.

When payday is a holiday, employees normally will be paid on the first working day before the holiday. If payday is a Saturday or Sunday, employees normally will be paid on Friday.

Direct deposit authorization forms and instructions are available from management if you choose to have your paycheck directly deposited into your checking or savings account. 

Please review your paycheck for errors. If you find a mistake, report it to [insert the name of the appropriate person, title or department], who will assist you in taking the steps necessary to correct the error.

[Agency or Legislature] is required by law to make certain deductions from your paycheck each pay period. Such deductions may include federal and state withholding taxes, and your portion of Social Security (FICA) and Medicare taxes, as well as any garnishments, or other deductions required by law and contributions to benefit plans, such as health insurance if you choose. 

[Agency or Legislature] intends that deductions be made from your pay only in circumstances permitted by applicable law. All employees are required to review their paychecks and/or pay stubs to make sure that wages paid and deductions are accurate before cashing the check, or in the case of direct deposit, immediately upon availability of the pay stub. If an employee finds a mistake, or has a question concerning the number of hours worked, the applicable rate of pay, the amount of wages paid, or any other aspect of compensation, each employee is required to report it immediately to [insert name of appropriate person, title or department] so that [Agency or Legislature] may correct any error prior to the end of the next pay period. If [Agency or Legislature] has made an underpayment, a proper adjustment will be made. If [Agency or Legislature] has made an overpayment, the overage must be repaid before the end of the following pay period. 

South Dakota Legislature
All employees are paid on the 1st and the 16th of each month. The State of South Dakota requires each employee to use the direct deposit system. An employee who does not have a bank account can elect to have a payroll card, which functions similarly to a debit card.

Sample Language and Policies

Arizona Senate

Work Hours – The State work week is the period of seven consecutive days starting Saturday at 12 am and ending Friday at 11:59 pm. Work hours may vary from department to department and from session to interim. Each may require longer than 8-hour work days, and it may include weekends.

Your work schedule will depend on your position, and the area where you are assigned. Your position may require that you work long hours. In addition, your department may have established attendance standards that you are required to follow. Your supervisor will explain working hours, attendance standards, and if applicable, flexible work schedules.

South Dakota
Normal Work Schedule: Normal office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. Employees are expected to work forty (40) hours per week and eight (8) hours per day.

Office Hours during Interim: Working hours for each staff member during the interim are from 8:00 a.m. to 5:00 p.m., with one hour for lunch, unless a staff member's supervisor approves an alternative schedule in order to meet individual needs. Also, staff is expected to work more than eight hours, if necessary, to complete all assignments within designated deadlines.

Office Hours during Session: When the Legislature is in session, the office is open during any period in which the House of Representatives, Senate, or committees are meeting and at least 15 minutes prior to such meetings. Staff who provides in-meeting support to committees should be in the office at least 30 minutes prior to committee meetings. No staff member should arrive late or leave the office early without approval from the staff member's supervisor or the Director. Staff is expected to work the hours necessary to complete all assignments within designated deadlines, including staffing committees, floor sessions, or other legislative meetings as needed.

Washington Senate

Interim/Session Work Hours

Normal Senate work hours during legislative interim are from 9:00 a.m. to 5:00 p.m. Monday through Friday. Session work hours are normally from 8:00 a.m. to 5:00 p.m. However, employees may be required at any time to work longer hours, weekends and/or holidays to accommodate the needs of the Senate, particularly during legislative sessions or committee assemblies. No compensatory time off for these extra hours or days of work will be granted without the express approval of the Facilities & Operations Committee.

Sample Language and Policies

It is the policy of [Agency or Legislature] to comply with applicable laws that require records of the hours worked by our employees to be maintained. To ensure that accurate records are kept of the hours you actually work (including overtime hours) and of the accrued leave time you take, and to ensure that you are paid in a timely manner, non-exempt employees will be required to record their time worked and absences on the [Agency or Legislature]’s official time record form. This form should be completed daily and signed and forwarded to your supervisor on a weekly basis.  Your signature on the time sheets is certification by you that your hours worked and leave taken are accurately recorded. Employees who are paid by the hour will only be paid for actual time worked. 

Sample Language and Policies

Maryland General Assembly

Due to the extraordinary and irregular schedule of the General Assembly, legislative

employees are expected, especially during session, to work extended hours without additional compensation. Legislative employees do not qualify for overtime payments. Additional hours worked beyond those comprising a normal workday and workweek earn no credit for annual leave, sick leave, nor do they serve to qualify one as a benefited full-time or benefited part-time legislative employee, or for any other benefit.

Legislative employees do not automatically become entitled to compensatory leave for

excess hours worked. Compensatory leave may be granted on an hour for hour basis only if consistent with the work requirements of the office and must be indicated on the employee’s timesheet for the period involved and certified by the signature(s) of the supervising member(s) or, if none, the Presiding Officer(s). Timesheets must be filed with and maintained by the Human Resources Office. Compensatory time must be used within one year of the date earned.

Compensatory time may be granted as follows:

• If the employee is required to work on a Saturday, Sunday, or State holiday to which he or she is entitled; or

• If the employee is required to work for an extended period beyond the 8-hour day (not to include lunch) for 30 minutes or more on a business day. Upon separation from the General Assembly, unused compensatory leave will be forfeited.

Montana House

All overtime must be pre-approved. Overtime is calculated on a per-weekly basis and is paid at time and a half. Compensatory time must be earned and recorded in ½ hour increments. Overtime constitutes any time worked over 40 hours within a one-week time period. Non-partisan (OLS) professionals only are entitled to earn up to 21 hours (3 days) of comp time per year on an hour-for-hour basis.

South Dakota Legislature
State legislative employees are exempt from the overtime compensation provisions of the Fair Labor Standards Act. However, the LRC allows the accrual compensatory time off for an employee who works more than eight (8) hours in a day. Compensatory time may be accrued only with the approval of the employee's supervisor or the Director, which shall result in the accrual of one hour of compensatory time for each hour worked in excess of eight (8) hours during a day.

Compensatory time off for all positions must be taken prior to the December 1st immediately following the legislative session or interim during which it was accrued. Any compensatory time in excess of forty (40) hours remaining at such time shall be deleted without compensation.

Texas Legislative Sunset Commission

Employees should strive to complete work within a 40‑hour work week. However, all positions at Sunset require working in excess of 40 hours a week during certain periods. When regular full‑time employees are required to work in excess of the standard workday, they are eligible to receive compensatory time (time off) to compensate for the excess time worked. However, an employee may only earn comp time when working from the office or the employee’s residence, or while traveling on state business. While Sunset strives to let employees use compensatory time, it is not an entitlement, and use of compensatory time is ultimately the director’s decision. To accrue compensatory time, worked either outside the office or at the employee’s residence, the employee must be able to show a work product to substantiate the time worked. Compensatory time may not be earned on the same day that annual leave, sick leave, exercise time, or wellness time are used. 

Compensatory time may be carried forward from one fiscal year to the next within the same biennium. However, at the end of the fiscal year following a regular legislative session (odd numbered years) any unused compensatory time which exceeds the maximum annual leave carry-over will be lost. Upon termination with Sunset, an employee may, at the director’s discretion, be allowed to use up to 160 hours of unused compensatory time. The time would be used as leave time and the employee would be paid a salary for that time period. This option is not available if the employee is transferring to another state agency. Compensatory time may not necessarily transfer from one agency to another. 

Sample Language and Policies

Connecticut

For a public official or state employee, there are rules in place regarding the acceptance of “gifts” from both restricted and non-restricted donors.

What is a “gift”? General Statutes § 1-79 (5) defines “gift” in three parts:

“anything of value” (for example, money, tickets to a sporting event, meals, services, etc.),

“which is directly and personally received” (that is, the state official or employee accepts the opportunity to partake of it),

 “unless consideration of equal or greater value is given in return” (that is, unless the state official or employee pays fair market value for it).

Restricted Donors. Restricted donors include:

Registered lobbyists (a list is available on the OSE website) or a lobbyist’s representative;

Individuals or entities doing business with your state department or agency;

Individuals or entities seeking to do business with your state department or agency;

Individuals or entities engaged in activities regulated by your state department or agency; or

Contractors pre-qualified by the Connecticut Department of Administrative Services (General Statutes § 4a-100).

Non-Restricted Donors. Two other categories of donors are:

Non-restricted donors giving you something because of who you are in state service. If a gift-giver does not fall within the definition of a restricted donor, but is nonetheless giving you something because of your public position, you should be aware that a dollar limit exists. From this type of donor, you may accept up to $100 annually from a single source, in addition to any of the 19 gift exceptions noted below and set forth in General Statutes § 1-79 (5)(A)–(S) Advisory Opinions Nos. 98-9 and 2003-13.

Non-restricted donors giving you something that has nothing to do with your state service. There is no limit as to what you may accept from a non-restricted donor, such as your neighbor of 20 years or a best friend from kindergarten, who is giving you a gift that has nothing to do with your public position. This holds true as long as the donor remains non-restricted. Should this individual become a registered lobbyist, for example, the gift provisions regarding restricted donors would apply, regardless of the purpose of the gift or any longstanding personal relationship.

Gift Exceptions. There are certain exceptions to the definition of “gift.” Not all exceptions are covered below; see General Statutes § 1-79 (5)(A)–(S) for the complete list.

Token Items – Items valued less than $10 (such as a pen or mug), provided the annual aggregate of such items from a single source is $50 or less. General Statutes § 1-79 (5) (P).

Food and Beverage – Up to $50 in food/beverage annually, provided the donor or a representative is in attendance when it is being consumed. General Statutes § 1-79 (5) (I).

Training – Vendors may provide you with training for a product purchased by your agency provided such training is offered to all customers of that vendor. General Statutes § 1-79 (5) (Q).

Gifts to the State – Goods or services given to a state entity.  The gift must facilitate state action, and must (1) be for use on state property (e.g., a computer), (2) support a state event (e.g., funds to support an agency event), or (3) support the participation by a state employee or official at an event (e.g., funds for an agency employee to attend an educational conference relevant to his state duties). General Statutes § 1-79 (5) (E).

Gifts to the State Reporting Requirement – If a state employee or official receives goods or services to support his or her participation at an event, and such goods or services include lodging and/or out-of-state travel, he or she must, within 30 days of receiving such goods or services, file an ETH-GTS Form with the Office of State Ethics. General Statutes § 1-84c (b).

Other Exceptions – There are a total of 19 separate gift exceptions in the Code. Also exempt from the definition of “gift” are items such as informational materials germane to state action, ceremonial plaques or awards costing less than $100, or promotional items, rebates or discounts also available to the general public. See General Statutes § 1-79 (5)(A)–(S).

Major Life Event. There is a $1,000 limit on a gift a registered lobbyist gives to you or a member of your family for a major life event. General Statutes § 1-79 (5) (L). Note: Registered lobbyists are the only type of restricted donor who may make use of the “major life event” gift exception. 

What is a “Major Life Event”?

Birth or adoption of a child

Wedding

Funeral

Ceremony commemorating induction into religious adulthood

Retirement from state service

This list of major life events is exhaustive. Regs., Conn. State Agencies § 1-92-53.

* * *

Outside Employment for State Officials and Employees. If you are a current state official or employee seeking outside employment, especially from an employer that is regulated by or does business with your agency, you should be aware of the following rules:

You may not accept outside employment that impairs your independence of judgment regarding your state duties, or that encourages you to disclose confidential information learned in your job.  General Statutes § 1-84 (b).

You may not use your position for your own financial gain, or the gain of your family (spouse, child, child’s spouse, parent, brother or sister) or an associated business, however inadvertent that use may be. General Statutes § 1-84 (c).

Generally, these provisions are violated when a state official or employee accepts outside employment with an entity that can benefit from his/her state position (e.g., he/she has specific regulatory, contractual or supervisory authority over the person or entity).

You may not accept employment with an entity that represents others before the following 11 agencies: Department of Banking, the Claims Commissioner, the Office of Health Care Access division within the Department of Public Health, the Insurance Department, the Department of Consumer Protection, the Department of Motor Vehicles, the State Insurance and Risk Management Board, the Department of Energy and Environmental Protection, the Public Utilities Regulatory Authority, the Connecticut Siting Council or the Connecticut Real Estate Commission. 

General Statutes § 1-84 (d).

You may not utilize state time, materials or personnel in completing tasks for outside employment.  Advisory Opinion No. 2007-4.

Hiring State Employees for Outside Employment. In Advisory Opinion 2008-5, the CEAB concluded that it is impermissible, under the Ethics Code, for a state employee-supervisor to employ a state employee-subordinate in the supervisor’s outside business. Likewise, it is impermissible under the Ethics Code for a subordinate to employ a supervisor in the subordinate’s outside business. Both situations would involve an impermissible impairment of independence of judgment. The CEAB noted that this prohibition extends to all supervisors and subordinates up and down the chain of command.

Statements of Financial Interests.

Statements of Financial Interests (“SFIs”) serve as a tool to maximize public confidence in governmental decision making. The policy underlying this requirement has been in effect since the enactment of the Ethics Codes in 1977. The SFI provides a checklist or reminder to the official/employee to be mindful of potential conflicts of interest, and it provides a baseline of information which can be compared to subsequent years for the purpose of determining potential misuse of office for financial gain. Legislators, as well as certain other public officials and senior state employees, must file SFIs with the OSE by May 1 each year.

Who Must File:

Statutorily designated individuals. General Statutes § 1-83 (a) (1); and

Members of the Executive Department and employees of quasi-public agencies designated by the Governor. See, Governor Lamont’s Standard.

What Information Must be Filed in the SFI:

businesses with which you are associated and certain of their affiliates; the category or type (not amount) of all sources of income over $1,000; securities in excess of $5,000; real estate holdings; blind trusts; and leases or contracts with the state or quasi-public agencies. 

A confidential portion of the statement requires disclosure of sources of any debts over $10,000.  (The confidentiality of this portion may be waived.) General Statutes §1-83 (b).

Note:  If you were to assume your state office or position after March 31, you must file an SFI within 30 days of assuming your position. Also, you must file a SFI upon leaving state service, covering the portion of the year during which you held the office or position.

Kentucky

To maintain public confidence in a democratic government, certain restrictions are placed upon your conduct. In general, as a public servant, you are prohibited from the following:

Accepting any gifts or gratuities, including travel expenses, meals, alcoholic beverages, and honoraria, totaling a value greater than twenty-five dollars ($25) in a single calendar year from any person or business that does business with, is regulated by, is seeking grants from, is involved in litigation against, or is lobbying or attempting to influence the actions of the agency in which you are employed or which you supervise, or from any group or association which has as its primary purpose the representation of those persons or businesses.

Maryland

Generally, employees of the Department are permitted to engage in secondary employment for compensation. Employment by or for a member of the General Assembly is prohibited, and employees of the Office of Legislative Audits may not represent clients before the State taxing divisions or accept teaching positions at State educational institutions audited or reviewed by the Office.

The secondary employment must not create a conflict of interest with the employee's duties and responsibilities in the Department. It must not impact on or interfere with an employees’ ability to perform the responsibilities of the Department.

Prior to engaging in secondary employment, employees must seek guidance from their supervisor to determine whether a conflict with their legislative job duties and responsibilities exists or whether their secondary employment would impact their primary employment responsibilities with the Department.

Secondary employment may not be performed during assigned working hours, on departmental premises, or using departmental equipment. Upon request, secondary employment activities must be disclosed to the Executive Director.

Sample Language and Policies

Arkansas Legislative Services Bureau

“Working from home” is a work arrangement in which an employee is allowed to perform work activities from home in lieu of reporting to the workplace during his or her work schedule. “Working from home” does not include work performed beyond the eight-hour workday by an employee who is not entitled to overtime compensation. Because the Bureau is a service agency and legislators frequently come to the State Capitol to do business, the Bureau does not grant permission for working from home in lieu of reporting to work during normal business hours except in rare circumstances.

Permission for working from home may be granted by the Director upon request by the

employee's supervisor. The supervisor must state, in writing, the specific circumstances that demonstrate:

a. The Bureau’s need for the employee to temporarily work from home;

b. That another employee cannot complete the work or it would be a hardship to the Bureau for another employee to complete the work; and

c. That it would be a hardship for the employee to report to his or her workstation.

The Director may grant permission for working from home subject to the following:

a. Permission shall be for a specific amount of time and for a specific purpose;

b. Permission shall not be given for more than eight (8) hours per day;

c. Permission shall not be for more than five (5) consecutive work days. However, the employee's supervisor may make successive applications requesting that the employee be granted permission to work from home for additional periods of five (5) consecutive workdays;

d. Hours worked at home shall be during the regular business hours of the Bureau;

e. Hours worked at home must be documented and reported by task or project to the employee’s supervisor;

f. Any undocumented time during the normal eight-hour work day while an employee is working from home shall be taken as leave in the same manner as an employee who is absent from the office during normal business hours; and

g. The temporary arrangement must not have more than a minimal negative impact on the Bureau's operation.

Texas Legislative Sunset Commission

Sunset Remote Work Policy

Sunset recognizes its employees have personal responsibilities that can fall within work hours. Moreover, some work-related tasks are more easily accomplished in an isolated setting. To provide flexibility, employees in certain positions may be able to perform their duties from home or a remote location on an occasional or ad-hoc basis. However, employees are still responsible to complete their work to the same standards as they would if they were in the office and should not work from home if they cannot ensure a work environment conducive to this. Remote work is a privilege, not a right or entitlement. 

 General — Remote work is working from a location other than the office, such as an employee’s home, during regular work hours. Employees cannot earn compensatory time under this policy.  See Sec. 5.10 Compensatory Time for more information. Remote work may only be used when a tangible work product is being produced (such as a meeting summary, issue draft, developing questions for meetings, etc.). 

Eligibility — To participate in the remote work policy, employees must:

-        have one year of service with Sunset to participate

-        have demonstrated the ability to work well with minimal supervision,

-        have a history of reliable and responsible accomplishment of work duties,

-        have demonstrated the ability to establish priorities and manage their time,

-        understand and agree to completing their remote work tasks, and

-        sign the Remote Work Acknowledgement Form (form available from human resources)

Policies & Procedures — Sunset employees may work from remote locations, subject to the following conditions:

An employee may not work remotely more than 16 hours per week and is limited to a total of 32 remote work hours per month.

Analysts must get approval in advance from the current project manager or supervisor to work remotely during times when an employee has a tangible work product to complete, but is not needed for meetings or other review work. Review directors, the general counsel, and the director of business operations must get approval in advance from the deputy director. Administrative staff must get approval in advance from the office manager. 

Employees working remotely must be reachable by phone and email while offsite.

Employees working remotely must follow Sunset policies, including maintaining confidentiality. Remote work should only be done using a secure wireless network.    

Employees may not claim work hours for remote work while driving.

The supervisory home, in consultation with the project managers or supervisors, may suspend use of the remote work policy for employees on their team to accommodate demands of the review or to address employee performance. Project managers should consult review supervisors, as needed, in determining the use of remote work. 

Upon return to the office, the employee must provide a work product or show progress toward a work product to the project manager or supervisor. 

Any injury while working remotely must be reported pursuant to the Workers’ Compensation policy.

An employee requesting to work remotely as a medical accommodation must comply with this policy and the Americans with Disabilities Act policy before working remotely. The employee may also be required to submit a medical release. Because the essential functions of many positions at Sunset cannot be performed remotely or because working remotely may cause a hardship to the agency, working remotely may not always amount to a reasonable accommodation.

Employees should contact a member of human resources if they have questions, concerns, or grievances related to use of this policy.

Responsibilities — The employee must note that work was done remotely in the comment field on their time sheet (click on the small icon next to the box where you record the hours worked). Human resources, in coordination with project managers, supervisory homes, and the deputy director, is responsible for ensuring remote working is administered consistently and equitably within the agency. Human resources will review timesheets every three months to ensure consistent use of remote working and identify potential abuse of the policy. Project managers and supervisors are responsible for ensuring an employee accomplishes appropriate work while working remotely. The director has ultimate authority to modify and/or permanently discontinue the Remote Work Policy. An employee’s abuse of the remote work policy, such as claiming they are working remotely when they are not in fact working, is a basis for disciplinary action, including dismissal from employment.

Sample Language and Policies

Employees who are required to fulfill military obligations in any branch of the Armed Forces of the United States or in state military service will be given the necessary time off and reinstated in accordance with federal and state law.

The time off will be unpaid, except where state law dictates otherwise. Exempt employees may be provided time off with pay when necessary to comply with state and federal wage and hour laws.

Accrued vacation may be used for this leave if the employee chooses. Military orders should be presented to [insert the name of the appropriate person, title or department], and arrangements for leave made as early as possible before departure. Employees are required to give advance notice of their service obligations to [Agency or Legislature] unless military necessity makes this impossible. You must notify [insert name of appropriate person, title or department] of your intent to return to employment, as required by applicable law. Your benefits may continue to accrue during the period of leave in accordance with state and federal law.

[Agency or Legislature] will not discriminate or retaliate against any employee who exercises their rights under this policy.

Additional information regarding military leaves may be obtained from [insert the name of the appropriate person, title or department].

Connecticut

In accordance with Section 5-248(c) of the General Statutes, a full-time regular employee who is a member of the armed forces of the state or of any U.S. reserve component and who is required to undergo field training shall be granted a leave of absence with pay for up to three calendar weeks of such training per calendar year.

In accordance with Section 27-33 of the General Statutes, an employee who is a member of the National Guard, militia or reserve corps, is entitled to leave with pay while performing regularly ordered military or naval duty, for up to 30 calendar days in a calendar year.

Leave under these provisions is in addition to other paid leave. An employee requesting military leave shall notify the office director and provide a copy of the orders or other documentation supporting the need for leave.

In accordance with Section 5-255 of the General Statutes and the Uniformed Services Employment and Reemployment Rights Act of 1994, an employee shall be granted leave without pay for the required performance of military service. Further information concerning the rights attendant to this leave are available from the Office of Legislative Management.

An employee requesting leave under this policy shall notify the office director and provide a copy of the military or naval orders requiring the leave.

Sample Language and Policies

Maryland General Assembly

Holidays

Benefited full-time employees are entitled to the holidays authorized by State law for State employees. However, due to the extraordinary and irregular schedule of the General Assembly during session, the General Assembly does not close. Employees will be required to accept a compensatory day of leave in lieu of taking the holiday on the actual day designated.
The official State holidays are as follows:

New Year’s Day Labor Day American Indian Heritage Day

Martin Luther King, Jr. Day Columbus Day Christmas Day

Presidents’ Day *General Election Day

Memorial Day Veterans’ Day

Independence Day Thanksgiving Day
Subject to the conditions set forth above, benefited part-time legislative employees are entitled to seven (eight in a general election year) of the State holidays, as indicated below:

New Year’s Day Labor Day American Indian Heritage Day

Memorial Day *General Election Day Christmas Day

Independence Day Thanksgiving Day

Oregon

Holidays

APPLICABILITY: This rule applies to all Legislative Branch employees. This rule does not apply to members of the Legislative Assembly.

(1) Holidays. For purposes of employment, the following holidays are observed in the

Legislative Branch:

(a) New Year's Day on January 1;

(b) Martin Luther King, Jr.'s Birthday on the third Monday in January;

(c) Presidents’ Day on the third Monday in February (due to legislative session, recorded as administrative leave);

(d) Memorial Day on the last Monday in May; (e) Independence Day on July 4;

(f) Labor Day on the first Monday in September; (g) Veterans’ Day on November 11;

(h) Thanksgiving Day on the fourth Thursday in November;

(i) The day after Thanksgiving Day;

(j) Christmas Day on December 25; and

(k) Any day awarded by the presiding officers.

(2) Additional holidays. In addition to the holidays designated above, every day appointed as a holiday in accordance with ORS 187.020 shall be observed as a holiday in the Legislative Branch.

(3) Holidays on Saturdays or Sundays. If a holiday falls on Saturday, it shall be observed on the preceding Friday. If a holiday falls on Sunday, it shall be observed on the following Monday.

(4) Holiday during a legislative session. Holidays occurring during legislative sessions, legislative days or the period required for preparation for legislative sessions or legislative days may be designated by the agency head or parliamentarian as required working days. When the Legislative Assembly is in session or a legislative day occurs on a holiday, employees are expected to work if asked to do so by their appointing authority.

(5) Holiday leave.

(a) An employee in a full-time status position shall be granted eight hours of paid holiday leave for each holiday. Eight hours of administrative leave shall be granted to all employees, except temporary employees, each year in lieu of Presidents’ Day. The administrative leave must be taken within 12 months of the Presidents’ Day for which the administrative leave was granted.

(b) An employee in a part-time status position shall be granted holiday leave for each holiday or administrative leave for Presidents’ Day, based on the same percentage of a month as the employee is normally scheduled to work. 

Texas Sunset Advisory Commission

Holidays — Statutes control holidays for state employees. A list of the holidays to be observed for the coming year is available at http://www.hr.sao.texas.gov/Holidays. Holidays falling on Saturdays and Sundays will not be observed by closing the office on preceding or following days. Depending on the review cycle and office workloads, employees may need to work on holidays.  Certain additional days are set by the legislature as state holidays, which are “skeleton holidays.” On such days, offices must maintain “skeleton crews” so that essential services are provided to the public. Any time worked on holidays may be counted as compensatory time.  Employees are entitled to observe “optional holidays” — Rosh Hashanah, Yom Kippur, Good Friday, and Cesar Chavez Day — in lieu of a skeleton holiday. To take an optional holiday, an employee must agree to give up an equivalent number of state (skeleton) holidays during the same fiscal year.  

Wisconsin Senate
Holidays

The following paid holidays are granted each year:

2017-18 Senate Policy Manual Page 4, February 20, 2017

January 1

The third Monday in January

The last Monday in May

July 4

The first Monday in September

The fourth Thursday in November

December 24

December 25

December 31

Section 230.35 (4) (a) 10., Stats., states that if the holidays of January 1, July 4, or December 25 fall on a Sunday, the “day following” shall be the paid day off for that holiday. If these days fall on a Saturday or if December 24 or 31 falls on a Saturday or Sunday, the employee will receive 8 hours of vacation leave to use as authorized under Senate policy. The above paid holidays are automatically entered into TRIO and therefore do not need to be reported by the employee.

Sample Language and Policies

Maryland General Assembly
Sick leave is earned based on the percentage of time worked. Employees may use sick leave for their own illness or disability, for the illness or disability of a member of their immediate family, for the birth or adoption of a child, or for a death in their immediate family (known as bereavement leave). For a list of immediate family members, see Bereavement Leave section below. Use of sick leave may require verification by a physician. Sick leave is a valuable benefit earned by employees to be used for illness or injury. It should not be used as a substitute for other types of leave.

….

Sick and Safe Leave for Eligible Contractual Employees

In accordance with the Maryland Healthy Working Families Act (Chapter 1 of 2018), the

Maryland General Assembly provides Sick and Safe Leave to eligible contractual employees. An employee’s eligibility will be determined by Human Resources. That determination will be based on a contractual employee regularly working 12 or more hours a week. Leave accrues at the rate of 1 hour for every 30 hours (.0333/hour) that an employee works during a two-week period, payable at the same wage rate as the employee normally earns. An employee is not entitled to accrue sick and safe leave during a two-week pay period in which the employee worked fewer than 24 total hours. Overtime hours are not used to calculate sick and safe leave.

Earned sick and safe leave may be used for the following:

1. to care for or treat the employee’s mental or physical illness, injury, or condition;

2. to obtain preventive medical care for the employee or the employee’s family member;

3. to care for a family member with a mental or physical illness, injury, or condition;

4. for maternity or paternity leave; or

5. for an absence due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member under certain circumstances.

A family member includes a spouse, child, parent, grandparent, grandchild, or sibling. An employee may accrue a maximum amount of 40 hours of paid earned sick and safe leave each calendar year. A contractual employee is entitled to carryover earned but unused sick and safe leave from one calendar year to the next unless it would provide the employee with more than 64 hours of accrued leave. The employee may not use more than 64 hours in a calendar year.

An employee is required to provide reasonable advance notice of leave use if foreseeable. If the need to use leave is not foreseeable, then the employee must provide notice as soon as practicable. A physician’s original certificate authenticating a period of illness of five or more consecutive work days for personal illness or disability or the illness or disability of a family member is required and must be submitted to the employee’s supervisor upon return. Leave may be denied if the employee fails to provide the required documentation. Eligible MGA contractual employees will record the leave on a paper time sheet and promptly submit to Human Resources. Upon separation, the contractual employee will not be compensated for unused earned sick and safe leave.

Sample Language and Policies

Full-time employees are eligible, after 90 days of employment, for two paid personal days each year.

Personal days are calculated according to the calendar year.

During your initial year of employment, after 90 days of employment, you receive personal days on a prorated basis. Management will inform you of the number of days and the date on which you become eligible.

Personal days can be used for sick time or to take care of personal matters, including school functions.

Requests for planned personal days must be given to the [insert name of appropriate person, title or department] at least ten days in advance for approval. Requests must be submitted in writing on forms provided by the Company. Please contact [insert name of appropriate person, title or department] if you need time off request forms.

Oregon

Administrative leave is paid leave awarded by an appointing authority that is not classified as any other specific type of leave.

The appointing authority may grant paid administrative leave to an employee who is ineligible for overtime compensation. The appointing authority may grant paid administrative leave to an employee who is eligible for overtime compensation provided that the employee is paid overtime in addition to any administrative leave granted.

Administrative leave must be used within one year after the date on which the leave is granted.

Administrative leave is noncompensable. No cash payment in lieu of paid leave may be made for administrative leave.

Use of administrative leave is subject to approval by the appointing authority and the employee’s immediate supervisor.

Employee Services shall maintain records of the amount of administrative leave granted and used.

Sample Language and Policies

Paid vacation is available to regular full-time employees and is provided based on the following calculations:

Each regular full-time employee will be entitled to two weeks of paid vacation (10 working days) per year, plus one additional day for every year worked after the first year of employment (to a maximum of 15 working days per year). 

Vacation time accrues on a monthly basis during the first year of employment: Vacation is accrued at a rate of 0.83 days per month, to a total of 10 days for the calendar year. Employees are permitted to use accrued vacation days after 90 days of service.

A maximum of one-week paid vacation may be carried over from one calendar year to the next; and, these vacation days must be used in the first quarter of the following year, or they will be forfeited. However, no more than two weeks (10 working days) of vacation may be taken at one time, except under extraordinary circumstances. 

All requests for vacation must be approved by your direct supervisor. 

Requests for vacation should be in writing on forms provided by [Agency or Legislature] at least 30 days prior to the beginning of the requested vacation period. Please contact the [insert name of appropriate person, title or department] if you need vacation request forms.

Upon termination, unused earned vacation will be paid in a lump sum in the employee’s final paycheck. Alternatively, if upon termination, in the rare occasions the employee has used any unearned vacation time, such time will be owed to [Agency or Legislature] at a cost equivalent to the employee’s daily salary for each day of unearned vacation time and will be deducted from the employee’s final paycheck.

Connecticut General Assembly

An employee shall be paid for any accumulated and unused vacation upon termination of employment.

(1) Vacation Leave for Regular Employees

Regular full-time employees accrue vacation leave at the rate of 1.25 days per completed calendar month worked, for a total of 15 days per year. Regular part-time employees accrue leave in proportion to the amount of time they are regularly scheduled to work.

Vacation leave is credited to eligible employees at the end of each calendar month. No employee who begins work with the General Assembly later than the fifth working day of any calendar month shall accrue vacation leave for that month. Vacation leave shall not accrue for any calendar month in which an employee is on leave of absence without pay for an aggregate of more than five working days.

The annual vacation accrual for an employee with more than 10 years of service shall be as shown for the years of service listed:

            State Service (Including War Service)      Vacation Leave

            11 years              16 days

            12 years              17 days

            13 years              18 days

            14 years              19 days

            15 years and more          20 days

Vacation leave above the 15 days accrued month by month shall be credited each January 1 for the coming year. For example, an eligible employee shall be awarded one additional vacation day on January 1 of the calendar year in which he or she attains 11 years of service.

The following conditions apply to the use and administration of vacation leave:

(a)         Vacation leave accumulated through employment with another state agency shall be transferred onto a new employee's legislative records, provided such time was awarded in accordance with this section.

(b)         Employees shall clear vacation schedules and days off with their office director in advance to avoid work schedule conflicts. Where there are conflicts, the work schedule shall prevail.

(c)          The smallest unit of time that may be taken as vacation in a given work day is one-half hour and thereafter in 15 minute increments.

(d)         A holiday or a day away from work granted by law to state employees, and occurring during the vacation of an employee shall be recorded as a holiday and not as vacation leave.

(e)         If an employee is sick while on vacation, the time may be charged against available sick leave in accordance with the sick leave policy.

(f)          Vacation leave that is not used in one year may be carried over to the next year and accumulated up to a total of 120 days. 

(g)         Under Section 5-252 of the General Statutes, employees are paid for all accumulated vacation time to a maximum of 120 days when they leave state service.

(2)         Vacation Leave for Sessional or Interim Employees

Each full-time sessional employee employed for a five-month legislative session shall be granted five vacation days. Each full-time sessional employee employed for a three-month legislative session shall be granted three vacation days. A sessional employee working less than a full day as detailed in the section on Hours of Work or less than the full session, or both, shall be granted a prorated number of vacation days.

Each full-time interim employee shall be granted one day of leave per month for each full month the employee works. Each interim employee working less than a full day as detailed in the section on Hours of Work or less than the full interim, or both, shall be granted a prorated number of vacation days.

Vacation leave shall be credited to an employee at the beginning of the session or interim period.  Should a sessional or interim employee resign, having already taken leave days above the prorated amount for the period worked, an appropriate adjustment shall be made in the employee's final paycheck. 

The following conditions apply to the use and administration of vacation leave:

(a)         Vacation days accrued but not used by the final day of the legislative session shall be carried on the employee's record (regardless of whether the employee is continued or terminated and subsequently re-employed) until the end of the interim. At that time any unused vacation days are lost.

(b)         Under no circumstances shall an employee be allowed to carry any vacation time into a new legislative session or to be paid for vacation leave that has not been used.

(c)          The smallest unit of time that may be taken is one-half hour and then in 15 minute increments thereafter.

(d)         When a sessional or interim employee is appointed to a regular full-time position, the employee shall be credited through December 31 of the calendar year in which the position transfer takes place with the amount of vacation time awarded, but not taken, in the sessional or interim position.

Nebraska Legislature

All employees, excluding temporary employees, earn paid vacation leave. Earning of vacation leave begins immediately upon employment and it may be requested as soon as it is earned, subject to the provisions of the remainder of this section. Full-time employees, other than temporary, earn vacation leave according to the following schedule:

 1st through 5th year      96 hours             12 days

 6th year             120 hours           15 days

 7th year             128 hours           16 days

 8th year             136 hours           17 days

 9th year             144 hours           18 days

10th year            152 hours           19 days

11th year            160 hours           20 days

12th year            168 hours           21 days

13th year            176 hours           22 days

14th year            184 hours           23 days

15th year            192 hours           24 days

16th year and thereafter             200 hours           25 days

Scheduling Vacation Leave. Vacation leave should be applied for in advance by the employee and may be used only when approved by the employee's supervisor. Vacation leave may not be unreasonably denied or deferred so that the employee is deprived of vacation rights.

Balancing of Vacation Leave. All employee's accumulated vacation time in excess of 35 days shall be forfeited as of December 31 of each calendar year. In special and meritorious cases, when it would cause hardship for an employee to take earned vacation leave before December 31, excess carryover leave may be approved by the Chairperson of the Executive Board. The hours carried over shall be used within the next six months. In no case shall approved carryover vacation continue from year to year.

Vacation Leave Payment. Employees who leave employment for any reason shall be paid for any unused accumulated vacation leave earned, calculated on their base hourly rate at the time of separation. Pay for the unused accumulated vacation leave shall be in a lump sum addition to the employee's last paycheck.

Sample Language and Policies

Maryland General Assembly
Parental Leave.
The General Assembly may provide paid parental leave to benefited full and part-time employees following the birth of an employee’s child or the placement of a child under 6 years of age with the employee for adoption. The purpose of paid parental leave is to enable the employee to care for and bond with a newborn or a newly adopted or newly placed child. An employee who is the primary caregiver responsible for the care and nurturing of a child may use up to a maximum of 60 days (or 12 work weeks for part-time employees) of parental leave to care for the child. Approved paid parental leave may be taken at any time during the six-month period immediately following the birth, adoption or placement of a child with the employee. An employee entitled to parental leave must exhaust available accrued annual and personal leave available to the employee. If that leave is less than 60 days (or 12 work weeks for part-time employees), the General Assembly shall provide the employee with additional paid leave to attain 60 days (or 12 work weeks for part-time employees) of parental leave. Where practical, an employee should notify the supervising member of the need for parental leave at least 60 days in advance of the need for parental leave.

Sample Language

Maine Legislative Council
Bereavement Leave

Up to five (5) days’ leave with pay will be allowed for absence resulting from the death of the employee’s spouse, significant other person (as defined below), child, stepchild, parent, stepparent or spouse's parent. Up to three (3) days of leave with pay will be allowed for absence resulting from the death of a sibling, step-sibling, half-sibling, ward, grandparent or grandchild or the child or parent of a significant other person.

"Significant other person" is an individual with whom the employee has a relationship, when neither is married, that is intended to remain indefinitely and where there is joint responsibility for each other’s common welfare, there are significant shared financial obligations and there is a shared primary residence. This relationship must have existed for at least two (2) continuous years before bereavement leave benefits will be provided.

Bereavement leave is not charged against any other of an employee’s accrued leave balance.

Maryland General Assembly

With the approval of the supervising member(s), benefited employees may use a maximum of five days of available sick leave in the event of the death of the following immediate family members:

• Spouse

• Child or spouse of child or legal ward

• Parent, step parent, or foster parent of employee or spouse

• Brother or sister of employee or spouse

• Grandparent or grandchild of employee or spouse

• Legal guardian or former legal guardian

• Other relative living as a member of the employee’s household

With approval of the supervising member(s), benefited employees may use a maximum of one day of available sick leave in the event of the death of the following relatives:

• Aunt or uncle of employee or spouse

• Nephew or niece of employee or spouse

Sample Language and Policies

[Insert Agency or Legislature] believes that every employee should have the opportunity to vote in any state or federal election, general primary or special primary. Any employee whose work schedule does not provide him or her four consecutive hours to vote while polls are open will be granted up to two paid hours off in order to vote. Any additional time off will be without pay for hourly employees. We reserve the right to select the hours an employee is excused to vote. Exempt employees may be provided additional time off with pay when necessary to comply with state and federal wage and hour laws.

Employees must notify their immediate managers or supervisors of the need for voting leave two to 10 working days before the election. Employees may be required to present a voter’s receipt to their supervisors upon return from voting leave.

Sample Language and Policies

Connecticut

Employees called to serve as jurors shall receive their regular pay for each work day while on jury duty. When an employee receives notice to report for jury duty, he or she shall immediately inform the employee’s office director and the Office of Legislative Management. Payments received for jury duty, except for travel allowance, shall be turned into the Office of Legislative Management.

Maine Legislature

Court Service and Court Time

An employee who is called to appear as a witness in his or her official capacity by a court, including an administrative court, on a scheduled day off, scheduled vacation day or other approved day off will be paid for hours spent, including necessary travel, at his or her regular hourly rate.

If, for any job-related matter, an employee must be absent from work because he or she is required to appear in court or otherwise comply with a subpoena or other order of a court or body, or if an employee is required to perform jury service, the employee will be granted court service leave for the period of time necessary to fulfill such requirement.

1. Jury Duty

An employee who is required to appear in court pursuant to a subpoena or other order of a court related to the employee’s employment or to perform jury service where such appearance or service will result in an absence from work will ordinarily be granted court service leave for the period of time necessary to fulfill that requirement. The employee is responsible for notifying the employee’s office director of any request for court appearance or jury service that requires absence from work. The office director will assess the impact on office operations and determine whether it is necessary to request of the court that the employee be excused temporarily from appearance or jury service. The office director will notify the executive director of required court service by an employee. The executive director shall make all requests to the court by or on behalf of the Legislature or a legislative office asking that an employee be excused from appearance or service. The employee is responsible for making such a request to the court on his or her own behalf.

Any employee who makes an appearance and whose service is not required must return to work as soon after release as it is practical. An employee on court service leave for a full day will receive the difference between the payment received for court service, excluding any travel allowance, and the employee’s regular pay. Court service and total payment received must be recorded on the employee’s time report and forwarded to the executive director’s office so the employee’s wages for that period may be adjusted appropriately. Court service leave is not charged to any other of the employee’s accrued leave balance.

2. Other Court Appearances

An employee who is summoned to appear or otherwise appears before a court or other

body as a party to any private legal action that is not job-related is not eligible to receive court service leave.

Tennessee Office of Legislative Administration

Any employee who is subpoenaed or otherwise directed to serve as a juror in any court of the United States or the State of Tennessee will be granted Civil Leave for any day or days is required by summons to report for duty. Civil Leave is paid time away from the office for jury duty and such absence is not charged against the employee’s accumulated annual or compensatory time balances.

Any employee required to serve less than three hours as a juror will be paid Civil Leave for the time served and must either return to work or use any accumulated annual or compensatory time leave for the remaining work hours.

Sample Language and Policies

Texas Legislative Sunset Commission

Abuse of Leave — Human resources may monitor an employee’s use of leave. Conduct that may indicate an abuse of leave includes, but is not limited to:

frequent absences on Fridays and Mondays, especially if unscheduled;

frequent absences before or following a holiday, especially if unscheduled;

frequent unscheduled or unapproved absences;

frequent use of unaccrued leave; and

misuse of leave, especially using sick leave when not sick.

Abuse of leave may be grounds for disciplinary action, up to and including termination of employment.

Sample Language and Policies

Connecticut General Assembly
Eligible employees of the General Assembly can choose from a variety of different medical plans provided by the State. The plan offerings include Point of Service (POS), Point of Enrollment (POE), and Point of Enrollment with a Gatekeeper option. In addition, employees may elect to participate in the Health Enhancement Program which is designed to enhance the ability of patients with their doctors to make informed decisions about staying healthy and treating illnesses related to five specified chronic conditions. Employees who agree to comply with the requirements of the program will pay a reduced premium. Sessional and interim employees are not eligible for paid coverage, but may enroll in the plans at their own expense. For a brief comparison of benefits and costs to employees, please obtain a brochure from the Office of Legislative Management…

The health and dental insurance premium deductions are taken from payroll checks on a pre-tax basis. This means the employee does not pay income tax on that portion of his or her pay covering health or dental insurance premiums since the cost is subtracted from gross pay. It does not lower the salary figure used to determine retirement, disability insurance coverage, or life insurance coverage.

Texas Legislative Sunset Commission

A new employee becomes eligible for insurance coverage on the first of the month following the 60th day of employment. The State pays 100 percent of the premium cost for health insurance for full-time employees (those who work over 30 hours a week) and 50 percent for employee family members. For part-time employees, those working 29 hours or less, the State pays 50 percent of the cost of health insurance for the employee and 25 percent for employee family members.  However, optional coverage, such as employee term life, dependent life, accidental death and dismemberment, and disability income are available to all new employees beginning the first day of employment. A new employee or during summer enrollment, employees may opt-out of the Employees Group Benefits Program (GBP) health insurance to receive a monthly credit they can apply toward another designated coverage under the GBP. For more information access ERS website at: http://ers.texas.gov/Active-Employees/Health-Benefits/Opt-Out-Credit.

Employees with at least 10 years of service with a legislative agency are eligible to continue insurance coverage in the group benefits program on a direct pay basis when they leave Sunset or another legislative agency. This coverage can continue until the employee reaches age 65 and is eligible for group insurance as an Employees Retirement System of Texas retiree.

Sample Language and Policies

Maryland General Assembly

If an employee leaves the General Assembly, certain health benefits may be continued under the federal COBRA regulations, provided the former employee pays the total cost of the benefits plus an administrative fee. The State Health Benefits Office will bill the former employee directly. Information on COBRA benefits is available from the Human Resources Office.

Texas Legislative Sunset Commission

COBRA — Federal Public Law 99‑272, commonly called “COBRA,” requires the State of Texas to offer employees and dependents covered under the Texas Employees Group Benefits Program (GBP) the opportunity for a temporary extension of their health and dental coverages at the group rates upon termination of employment.  Continuation coverage is available only when certain events cause coverage under the GBP to end, and is limited to the health and dental coverages in effect at the time of the event. For more information access ERS website at: http://ers.texas.gov/Former-Employees/COBRA-continuation-coverage.

Sample Language and Policies

On‑the‑job injuries or work-related illnesses are covered by our workers’ compensation insurance policy, which may provide payment for medical expenses and for partial salary continuation. This insurance is provided at no cost to you. If you are injured on the job, no matter how slightly, report the incident immediately to [insert name of appropriate person, title or department]. Consistent with applicable state law, a failure to report an injury within a reasonable period of time could jeopardize your claim or your right to benefits for the job-related injury or illness. Questions regarding workers’ compensation insurance should be directed to [insert name of appropriate person, title or department]. We ask for the assistance of all employees in alerting management to any condition that could lead to or contribute to an employee accident.

Minnesota LCC

Job-Related Injuries. An employee incurring an on-the-job injury shall be paid his/her regular rate of pay for the remainder of the scheduled work day without deduction from vacation or sick leave accruals. An employee must complete the Information and Privacy Statement and the Employee Statement Regarding Injury/Illness/Incident developed by the Workers’ Compensation Program in the Department of Administration.

An employee who incurs a compensable illness or injury and receives workers' compensation benefits may elect to use accumulated vacation or sick leave, or both, during an absence resulting from an injury or illness for which a claim for workers' compensation is made or while an award of benefits is pending. Such leave may be used on the following basis:

1) The employee retains the workers' compensation benefit check and receives payments

from sick leave and vacation leave accruals in an amount which will total his/her regular

gross pay for the period of time involved provided that the total rate of compensation

shall not exceed the regular compensation of the employee (Minnesota Statutes §

176.021, subd. 5); or

2) The employee retains the workers' compensation benefit check and takes an unpaid

workers' compensation leave during the time he/she is unable to work; or

3) An employee shall return from workers' compensation leave upon appropriate release

from workers' compensation status provided the employee is able to perform the work

satisfactorily and safely as determined by competent medical authority.

Sample Language and Policies

Connecticut General Assembly
Section 12.8‑Employee Assistance Program (EAP)

The Joint Committee on Legislative Management established an Employee Assistance Program (EAP) by contract with Wheeler EAP to help employees and members of their immediate family who have personal problems, such as: Stress related problems, Emotional issues,     Marital difficulties, Alcohol or drug abuse, Family conflicts, Legal and financial problems, Spouse or child abuse issues, Grief and loss issues.

The program is designed for people to get help for these and other personal problems, so the human and financial loss can be kept to a minimum. A problem frequently affects the entire family.

EAP helps resolve personal difficulties in a confidential and professional manner without jeopardizing job, future, or reputation. The services are accessible by a phone call (1-800-275-3327) or visit to Wheeler EAP off-site offices at 74 East Street, Plainville, or 645 Farmington Avenue in Hartford, or to any one of the many counselors located in Connecticut, as well as nationwide. No information about the employee can be disclosed to the employer. There is no charge to the employee or family member to call Wheeler EAP. There is also no charge to meet with a counselor for three initial assessment sessions. At times a single call or the initial session can solve the problem.

For further information or for confidential, professional, and immediate assistance, call Wheeler EAP at 1-800-275-3327. Please tell the operator that you are with the Connecticut General Assembly.

Nebraska

The Legislative Council provides an employee assistance program to employees. The Employee Assistance Program is a confidential counseling and referral service available statewide to legislators, employees, and their family members. This program provides an opportunity for seeking confidential assistance for problems such as alcoholism, drug addiction, legal or financial problems, marital and family complications, and psychological or emotional difficulties. The program also provides group training sessions relating to particular aspects of the work environment. Initial visits with the EAP are covered at no cost to the employee. Fees for services beyond and outside of the EAP contract are the responsibility of the employee. 

Information concerning this program will be mailed periodically to employees' home addresses. Direct confidential contact can be made with the provider. For other assistance, contact the Legislative Employee Assistance Program Coordinator or the Legislative Accounting and Budget Office.

Employees voluntarily seeking counseling/referral services from the Employee Assistance Program shall be allowed to use sick leave time. Because office hours of the Employee Assistance Program are flexible (evenings, lunches, etc.), employees are encouraged to make appointments during non-work time.

Texas Sunset Commission

Sunset participates in an Employee Assistance Program (EAP) operated by Alliance Work Partners. The EAP is designed to assist employees with issues such as relationship problems, depression, or alcohol and drug problems through short-term, crisis-intervention counseling, and legal services. The service is free and confidential, and the toll-free number is 1-800-343-3822. For more information access the EAP website at: http://www.alliancewp.com.

Sample Language and Policies

Nebraska

Conflict of Interest. An employee shall not have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his or her duties in the public interest.

An employee is prohibited from using or attempting to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or others.

An employee shall not give the impression that any person can improperly influence him or her in the performance of his or her official duties, or that he or she is improperly affected by the kinship, rank, position or influence of any party or person. An employee shall not accept gifts of value or loans from persons doing business with the Legislature which are intended to or which appear to influence the official relationship between the donor and recipient.

An employee failing to resolve a conflict of interest, as prescribed in the procedures outlined by the Nebraska Accountability and Disclosure Commission, shall be subject to disciplinary action.

South Dakota

Each employee of the LRC shall conduct himself or herself inside and outside the office in a manner as to be worthy of the confidence, respect, and esteem due the Legislature and State of South Dakota. No employee of the LRC may engage in any outside business activities, however remote from the functions of the employee’s position, that may in any way prejudice or interfere with the performance of the employee’s regularly assigned duties or bring discredit to or reflect unfavorably upon the Legislature, LRC, or State of South Dakota.

LRC staff shall adhere to the highest standards of public behavior and impartiality, so as to maintain the LRC and themselves above reproach. To protect the reputation and integrity of the LRC, staff shall avoid any conduct that could result in even the appearance of a conflict of interest. To this end, no LRC employee may accept a gift from outside the legislative branch, that is related to his or her official duties, other than those specified below.

A gift may not exceed fifty dollars ($50.00) in value, nor may an employee accept multiple gifts from a single source, in excess of fifty dollars ($50.00) in a single calendar year. However, the Director may approve an exception for a gift, after consulting with the Executive Board Chairman. A gift may be accepted if it is unsolicited, within the dollar limit, and is restricted to:

Flowers, plants, and floral arrangements;

Advertising and promotional items of nominal value, such as pens and note pads;

Tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

Gifts from a dignitary from another state or foreign country that are intended to be personal in nature;

Informational material, publications or subscriptions related to the recipient’s performance of official duties; or

Food and beverages.

This policy does not prohibit an employee from accepting the reimbursement of travel costs, or a waiver of registration costs for a conference, from a governmental or governmental association organization.

Employees who suspect fraud, theft or a conflict of interest shall report it to their supervisor, LRC Director, LRC internal control officer, Chair of the Executive Board, or Department of Legislative Audit.

Sample Language and Policies

Maryland

During the course of employment with the Department, employees may be working with legislators and their staff, State agencies and their records, bill drafting, budget and fiscal data, member requests for information or analyses, audit records, personnel records, data systems, and other information that is considered confidential. Maintaining confidentiality is important to our credibility with members of the General Assembly and ultimately, to our ability to achieve the Department’s mission.

Employees of the Office of Legislative Audits are subject to standards of confidentiality as specified in Section 2-1226 of the State Government Article.

Requests by members of the General Assembly for information and/or analysis are confidential unless the member makes the information or analysis public. It is appropriate for staff to discuss members’ requests for information and analysis with each other, both within and across functional areas; however, staff must exercise great discretion regarding the use of the information. Staff may not use confidential information in any way that interferes with the legislative process.

South Dakota

A communication between a legislator, a committee or caucus, and a staff member of the LRC relating to legislation, bill research, or a legislative issue is confidential if the communication is not intended to be disclosed to third persons. The confidentiality of a communication is held by the legislator, the committee, or the caucus and may not be waived by the staff member. The confidentiality of the communication is maintained when the staff member discusses a confidential communication with another member of the LRC staff if the disclosure of the confidential communication is made to assist the staff member in providing professional services to the legislator, committee, or caucus.

A staff member may discuss with the legislator, committee, or caucus the need to disclose a confidential communication to another legislator or another person if the disclosure is reasonable and maintains the integrity of the confidentiality.

A legislator, committee, or caucus waives the confidentiality of a communication by disclosing the legislation, bill research, or legislative issue to other persons, the media, or by taking any action that is inconsistent with confidentiality.

Any other communication between a staff member and a legislator, committee, or caucus that is not material to providing professional services is not considered a confidential communication unless the legislator, committee, or caucus indicates a need for confidentiality.

Iowa

The drafting of bills and preparation of research may be requested confidentially or non-confidentially. If the requester does not indicate in any way that the request should be considered a confidential request, the request will be considered a nonconfidential request.

* * *

All drafting requests for amendments are considered confidential and no information relating to such requests will be released unless the release is authorized by the requester.

* * *

Contents of Requests. The Legislative Services Agency considers the contents of requests for bills, amendments, and research to be confidential. Therefore, any documents submitted with a bill draft, amendment, or research request are generally not available to the public.

2. Contents of Files. In addition to the confidentiality status of the contents of requests,

information used for drafting a bill or amendment or preparing research is generally not available to the public. The information and the documents submitted with a request are retained in the drafting or research file or by the drafter, are considered the property of the Legislative Services Agency and the requester and are available to Agency personnel and the requester only. The information and documents are considered working papers, as are any preliminary drafts or research in the drafting or research files or in the possession of the drafter. This confidentiality policy affords the requester the absolute right, prior to release of any information related to the draft or research, to review the draft or research to determine if the draft or research accomplishes the objectives desired by the requester and should be released.

3. Release of Contents. The contents of bill, amendment, and research requests and files can be made public or released to a specific individual only with the oral or written approval of the requester.

* * *

After a bill draft has been introduced and given a Senate or House file number, prefiled for introduction, filed as a Senate or House study bill, or presented to a formal meeting of a standing or interim study committee or a formal subcommittee of such a committee, the text of the bill draft is available to the public.

Sample Language and Policies

Attendance and punctuality are important factors in your success with [Agency or Legislature].  We work as a team and this requires that each person be in the right place at the right time. If you are going to be late for work or absent, you must notify your immediate supervisor as far in advance as is feasible under the circumstances, but before the start of your workday.

It is the responsibility of every employee to ensure that he or she reports to work on time and works his or her assigned schedule. Excessive lateness or early departures will be monitored by [Agency or Legislature], and may result in disciplinary action, up to and including the termination of employment, at the discretion of [Agency or Legislature].

Personal issues requiring time away from work, such as doctor’s appointments or other personal matters, should be scheduled during your nonworking hours if possible.

Excessive absenteeism occurs when an employee is chronically absent, excused or unexcused, adversely affecting his or her work performance.  As a guideline, excessive absenteeism occurs when an employee accumulates absences of more than six occurrences over any three-month period. When excessive absenteeism is identified, a written warning may be given to the employee. After two such warnings, the employee may be subject to further disciplinary action, up to and including the termination of employment.

If an employee is absent for three consecutive days without notifying his or her immediate supervisor, it will be assumed that the employee has voluntarily abandoned his or her position at [Agency or Legislature]. The employee will be removed from the payroll, and his or her employment will be terminated. 

Illinois Senate

Employees who are late or absent unfairly burden their co-workers and disrupt the operations of the Senator’s office. Prompt and consistent attendance is therefore essential to continued employment. All employees must report to work on time. All employees must be prepared to work the entire work day. If an employee is ill and unable to come to work or unavoidably detained and will be late for work, the employee must call the Senator or their designee as soon as they know they will not be at work at their scheduled start time. Absent employees may be required to present appropriate documentation of their tardiness or absenteeism upon their return to work.

Employees who fail to call in are subject to disciplinary action up to and including immediate termination. Any employee who misses two or more consecutive workdays without calling in may be deemed to have voluntarily resigned. Employees who are absent more than one day must call in each day or advise their supervisor of the length of their absence and supply appropriate documentation.

Employees are not permitted to work extra hours before or after the regular workday for the purpose of making up time lost as a result of tardiness or absence without prior approval of the Senator. Because excessive absenteeism and tardiness are unfair to the Senator and their employees, violation of the office's attendance policies may result in disciplinary action up to and including immediate termination. If a particular pattern of tardiness or absenteeism is noted, such as being absent or late before or after a regularly scheduled day off, repeatedly being late to work or where an employee otherwise abuses the office's attendance policies, the employee is subject to immediate termination.

Sample Language and Policies

Maryland

The legislative complex is frequented by the public and the media. Legislative employees are to maintain an appropriate appearance that is businesslike, neat, and clean. Casual attire is not acceptable during the 90-day legislative session. During the interim period between sessions, business casual attire (no shorts or work jeans) is acceptable. Casual dress is also acceptable in conjunction with office moves and/or renovations or when your area is experiencing heating/cooling problems. Employees who have questions about appropriate attire should consult their supervising member(s).

Washington Senate

Employees are requested to dress appropriately for their positions and in a manner which will reflect the dignity of the Legislature. Cutoffs, flip-flops and sleeveless (tank top) shirts are not allowed. During session, men are required to wear a jacket and tie in the Senate chamber.

Sample Language and Policies

Maryland Legislature

In this Policy, the following words have the meanings indicated. (1) “Substance” means alcohol or drugs. (2) “Alcohol” means ethyl alcohol or ethanol. (3) “Drugs” means any substance, including controlled dangerous substances, taken into the body, other than alcohol, which may impair one’s mental faculties, and change one’s mood and/or physical performance. (4) “Abuse” means: (a) any use of any illegal drug; (b) intentional misuse of any over-the-counter drug, in cases where such misuse impairs job performance; (c) use of any prescription drug in a manner inconsistent with its medically prescribed, intended use, or under circumstances where use is not permitted; (d) use of alcohol where such use impairs job performance; and (e) intentional and inappropriate use of any substance, legal or illegal, which impairs job performance. (5) “Workplace” means a State owned or utilized premise for official State business.

The Legislative Branch of State government establishes and adopts the following substance abuse policy:  (1) Employees are prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using a controlled substance in the workplace. (2) All employees must report to work in a fit condition to perform their duties. Reporting to work under the influence of drugs or alcohol is a violation of this policy and shall subject the employee to disciplinary action. (3) All employees on official business, on or off the workplace, are prohibited from purchasing, transferring, using, or possessing illegal drugs or from abusing alcohol or prescription drugs in any way that is illegal. (4) All employees must cooperate fully with appropriate law enforcement authorities in the investigation and prosecution of illegal drug or alcohol use. (5) The Legislative Branch of State government will educate and inform its employees about: (a) The dangers of drug and alcohol abuse in the workplace and the community at large. (b) The Legislative Branch of State government’s policy of maintaining a drugfree workplace. (c) Any drug and alcohol abuse counseling, rehabilitation, and employee assistance programs that are available; and (d) The penalties that may be imposed upon employees for drug and alcohol abuse violations. (6) Employees will not be terminated for voluntarily seeking assistance for a substance abuse problem. However, continued unacceptable job performance, attendance and/or behavior problems shall result in disciplinary action up to and including termination. (7) Any employee found to be in violation of any of the provisions of this policy may be subject to the disciplinary actions and penalties as provided in other legislative personnel policies. (8) All department and unit heads and supervisors are responsible for adherence, implementation, enforcement, and monitoring of this policy. (9) All employees of the Legislative Branch of State government shall be provided with a copy of this policy.

The Legislative Branch of State government is committed to making good faith efforts to ensure a safe, secure, and drug-free workplace for its employees consistent with the Drug Free Workplace Act, government operations, and the needs of employees to work in a drugfree environment conducive to productive and satisfying job experiences. This policy requires the cooperation and support of all employees as the General Assembly moves towards that objective.

South Dakota Legislative Research Council

The State of South Dakota has a drug free workplace policy for all state employees. As a condition of your employment with the state, you must agree to abide by the terms of this policy. The dangers of drug abuse in the workplace include: accidents and injuries; reduced productivity; absenteeism and increased health care costs; loss of public confidence in the State; and adverse effects on the abuser, family, friends, coworkers, and persons receiving services from the State. The policy prohibits the unlawful manufacture, dispensation, possession, or use of a controlled substance by an employee in the workplace. If you are convicted of a violation of a criminal drug law or admit in court to a criminal drug law violation, you will be subject to appropriate disciplinary action, which may include termination. You must comply with the arrest policy if you are arrested, charged, or believe you may be charged with any crime involving illegal drugs.

Sample Language and Policies

Each employee has an obligation to observe and follow [Agency and Legislature]’s policies and procedures, and to maintain proper standards of conduct at all times. If an individual’s behavior interferes with the orderly and efficient operation of a department, corrective disciplinary measures may be taken. [Agency and Legislature] will take prompt and firm corrective action whenever and wherever wrongdoing of any kind is found, regardless of the individual(s) involved in the wrongdoing.

Disciplinary action may include a verbal warning, written warning, suspension with or without pay, or the termination of employment. The appropriate disciplinary action imposed will be determined by [Agency and Legislature], regardless of the individual(s) involved in the wrongdoing, in its sole discretion. The imposition of one form of disciplinary action does not guarantee that another form of action will necessarily precede or follow another.

Among other things, the following may result in disciplinary action, up to and including the termination of employment:

These examples are not all inclusive. We emphasize that disciplinary decisions will be based on an assessment of all relevant factors, and that [Agency and Legislature] may terminate the employment of any employee for the reasons listed above, for any lawful reason, or for no reason at all, at its sole discretion.

Montana House

Except in extremely serious cases, the supervisor of a session employee shall use at least one instance of unreported corrective counseling before recommending to the Chief Clerk that the employee be discharged.

Nebraska

Reasons for Imposing Disciplinary Action.  If an employee commits one or more of the following offenses, a division director or Senator may take appropriate disciplinary action:

Violation of, or failure to comply with, Federal or State constitution or statutes; an executive order; or published rules, regulations, policies or procedures of the Legislature.

Failure or refusal to comply with a lawful order or to accept a proper assignment from an authorized supervisor.

Inefficiency, incompetence or negligence in the performance of duties.

Unauthorized manufacture, distribution, dispensation, use or possession of narcotics, alcoholic beverages, or other unlawful drugs on state property, drinking alcoholic beverages on duty, or reporting for duty under the influence of alcohol and/or unlawful drugs.

Negligent or improper use of state property, equipment or funds, or conversion of same to one's own use.

Use of undue influence to gain, or attempt to gain, promotion, leave, favorable assignment or other individual benefit or advantage.

Falsification, fraud or intentional omission of required information in applying for a position.

Unauthorized or improper use or abuse of any type of leave or meal or rest periods.

Repeated tardiness or unauthorized leave, including unauthorized departure from work area.

Failure to maintain satisfactory working relationships with the public or other employees.

Failure to obtain and maintain a current license or certification required by law or standards as a condition of employment.

Conviction of a felony.

Repeated failure to make reasonable provision for payment of personal debts which results in more than one garnishment, except in cases of court-ordered child support payments. (Pursuant to law, an employee cannot be discharged for this reason unless the garnishments occur because of two or more debts.)

Insubordinate acts or language which seriously distract from and/or severely hamper the Legislature's ability to control, manage or function.

Highly offensive acts performed outside of the Legislature that reflect negatively on the Legislature or impairs the employee's ability to perform his or her duties.

Work place harassment based, in whole or in part, on race, color, gender, religion, age, disability, national origin or sexual orientation, which manifests itself in the form of inflammatory comments, jokes, printed material and/or innuendo, unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature.

Possession of materials and/or the utterance of comments in the work place that are derogatory towards a group or individual based upon race, color, gender, religion, age, disability, national origin or sexual orientation.

Possession of a firearm in workplace.

Procedure for Imposing Disciplinary Action.  The Senator or division director has the responsibility to impose disciplinary action.

Prior to imposing discipline, the employee shall be entitled to written notice of the proposed charges against him or her which shall identify the rule or policy violated and include an explanation of evidence against them. (Oral notice may be sufficient when written notice is not expedient, with written notice to follow.) The explanation shall include a description of the incident involved and/or dates of occurrence to the extent the explanation would not impair the function or operation of the legislature or expose the legislature to legal liability.

Prior to imposing discipline the employee shall additionally be entitled to an opportunity to present mitigating evidence or reasons why disciplinary action should not be taken. If the opportunity or explanation is in the form of a meeting, the Senator or division director shall afford the employee adequate notice as to time, place, and purpose of such meeting. Twenty-four hour notice is considered adequate.

If a disciplinary action, other than counseling is imposed, the employee shall be advised in writing of the nature of the offense, the disciplinary action being administered, and, if appropriate, the time allowed for improvement and the consequences (including dismissal) of future violations or failure to improve. The employee should acknowledge receipt by signing the document. The employee's signature does not constitute agreement with the content of the document. If the employee refuses to sign, the Senator or division director and witness shall sign a notation of the employee's refusal on the document. A copy of the document shall then be placed in the employee’s file.

When an incident calls for the application of discipline, the discipline shall be imposed only once for that incident.  Further action may be imposed for any subsequent incidents.

Disciplinary Actions. The type and extent of disciplinary action shall be governed by the nature, severity and effect of the offense; the type and frequency of previous offenses; the period of time elapsed since a prior offensive act, and consideration of extenuating circumstances. The severity of the disciplinary action imposed shall be consistent with the offense committed and shall consist of one or any combination of the following:

Counseling. This consists of a visit with the employee, during which the Senator or division director explains in detail the reasons for the counseling and also advises the employee of the action required to correct weaknesses or other matters that caused the counseling to occur. This may also include the Senator’s or division director’s suggestion or recommendation that the employee seek help from the Employee Assistance Program. The Senator or division director may place a time limit for performance improvement. If necessary, it would be appropriate to make a formal referral to the Employee Assistance Program. If a Senator or division director makes a referral, and the employee chooses to attend an Employee Assistance Program counseling session, the employee shall receive an appropriate amount of time to attend an initial counseling session without taking leave time.  A written, dated record that the counseling took place, including a general statement as to the nature of the counseling, should be completed and signed by the official, and the employee shall be so informed. This record may be placed in the employee’s file.  Routine supervisory guidance, either verbal or written, shall not be considered to be "counseling."

Written Warning. A written warning consists of a discussion with the employee during which the Senator or division director explains in detail the reasons for the warning and advises the employee of the action required to correct the unsatisfactory performance. Documentation of such discussion shall be placed in the employee’s file.

Disciplinary Probation Status. Disciplinary probation may be imposed for a period of up to six months, but may be extended to a total of one year by the Senator or division director. This is a designated time period during which the employee must improve.

An employee on disciplinary probation shall not be promoted or granted salary increases other than across-the-board increases.

An employee granted leave while serving disciplinary probation may have his or her probation extended by the number of days absent on leave.

The dismissal of an employee on disciplinary probation does not preclude the filing of a grievance by the employee.

An employee may be placed on disciplinary probation upon return to work following a suspension without pay, providing the employee was informed of the disciplinary probation when the suspension was imposed.

An employee may be removed from disciplinary probation at any time.

Suspension. An employee may be suspended without pay for disciplinary reasons.

The period of suspension shall be without pay and shall not exceed 20 work days. The document informing the employee of suspension shall be dated and include the reason for the suspension without pay and the number of days of the suspension. If the employee is to be placed on disciplinary probation upon return from suspension, the employee shall be informed of this action on the document imposing the suspension.

The employee's service date and merit date shall be adjusted by the number of calendar days absent during a suspension.

An employee on suspension shall not be granted vacation, sick or holiday leave nor unused compensatory time off during the suspension period.

If the suspension is later found to be unwarranted by the Executive Board as a result of an employee grievance, the employee will be restored to his or her position and granted full retroactive pay and service credit for the period of suspension.

Demotion. A division director may demote an employee to a position of a lower salary grade as a disciplinary action. The employee's duties shall be changed to reflect the new classification.  Upon demoting an employee for disciplinary reasons, the division director shall reduce the employee's salary a minimum of 4% and the salary may not be above the maximum rate of the new salary grade. However, a demoted employee’s salary may be reduced no lower than the hiring rate of the new salary grade. (Note:  If the employee's reduced salary is at the hiring rate, the employee's salary must be increased to the minimum permanent rate after six months.)

If there is no vacant position in the class to which the employee is demoted, the division director may take action to understaff the previous position.

Reduction in Salary within Salary Grade.  A Senator or division director may reduce an employee's salary, within the employee’s salary grade, as a disciplinary action. The Senator or division director may restore an employee to his or her previous salary when circumstances justify. An employee’s salary may be reduced to no lower than the hiring rate of the salary grade. (Note: If the employee’s reduced salary is at the hiring rate, the employee’s salary must be increased to the minimum permanent rate within six months.)

Dismissal. A Senator or division director may dismiss an employee for any of the reasons previously set forth. A written document of notification shall be given to the employee two calendar weeks prior to the dismissal date. An employee is not required to sign this notification document.

An employee may be granted two calendar weeks pay in lieu of notice at the discretion of the Senator or division director. An employee granted two calendar weeks pay in lieu of notice shall not be eligible to accrue sick or vacation leave for the period for which payment in lieu of notice is made.

An employee dismissed for job abandonment or gross misconduct such as conviction of a felony or an employee who commits an offense which threatens the safety, health or well-being of another person or an offense of sufficient magnitude that the consequence causes disruption of work being performed or to be performed in the future may be dismissed immediately and shall not be entitled to two calendar weeks notice of dismissal or two calendar weeks pay in lieu of notice. In this case, the written notice of dismissal shall be prepared within three work days after the dismissal and shall be provided to the employee and a copy placed in the personnel file. An employee is not required to sign this notification document.

An employee may be dismissed during disciplinary probation if he or she does not take positive action to correct the conditions which resulted in the disciplinary probation. The serving of disciplinary probation is not a prior requirement for dismissal.

In cases of dismissal, a division employee, or former division employee, shall have 10 work days from the receipt of written notice to file a grievance.

Investigatory Suspension. An employee may be suspended for investigatory reasons. Such suspension may be with or without pay at the discretion of the Senator or division director, based on the nature of the alleged offense. An investigatory suspension is not a disciplinary action. An employee who is under investigation for, or charged with, criminal activity or who commits or is alleged to have committed an offense which threatens the safety, health or well-being of another person or an offense of sufficient magnitude that the consequence causes disruption of work being performed or to be performed in the future may be suspended pending outcome of an investigation or trial. If no immediate danger would result, the Senator or division director, before suspending an employee under this section, should attempt to verify information with the employee and may afford the employee an opportunity to refute the information or present mitigating evidence. If a meeting takes place, the Senator or division director shall notify the employee prior to such meeting and shall inform the employee of the purpose of the meeting.  Employees shall be notified of the general nature of the investigation.

An employee who is found not guilty through a court proceeding or agency investigation, or against whom no judicial action is taken, may be restored by the Senator or division director based on relevant facts, to his or her position and granted full pay and service credit for the period of unpaid suspension. If evidence in the agency's investigation or an outside investigation shows that disciplinary action should be taken, then the Senator or division director will follow disciplinary procedures. 

Investigatory suspensions may be grieved by permanent, division employees.

Right of Grievance. All permanent division employees shall have the right to grieve disciplinary actions, including immediate dismissal. Grievance of a disciplinary action by the employee, however, shall not postpone the action. Personal senate staff shall not have the right to grieve disciplinary actions of any kind.

Documentation Retention. Documentation which reflects unfavorably on an employee shall not be placed in his or her personnel file without his or her knowledge. An employee shall have the right to review his or her personnel file during office hours upon request.     

Records of disciplinary action and performance reports may be maintained in the employee's file for a period determined by the division director.

Sample Language and Policies

Arkansas Bureau of Legislative Research

3.12.  Workplace Violence 

Conduct that interferes with operations, that discredits the Bureau, or that is offensive to the public or co-workers will not be tolerated. Any act of violence that impacts the workplace will be cause for investigation and subject to action by the Director. Violence is any act of aggression or any statement that could be perceived as an intent to cause harm to the Bureau or an individual, whether personal, such as physical or emotional, or impersonal, such as property damage or theft. Workplace means any location or site where Bureau business is being conducted or where an employee is present in a work-related capacity. 

Any violation of the Bureau's policies or any conduct considered inappropriate or unsatisfactory may, at management's discretion, subject the employee to disciplinary action, up to and including termination.

It is every employee's responsibility to report a violation of the workplace violence policy, whether by an employee or non-employee, to the appropriate supervisor or division head. If, however, violence, threats of violence, or suspected violence to a person or property has taken place or is taking place, the following will apply: 

a. If an employee receives or is aware of a bomb threat, the employee should notify the State Capitol Police immediately. The employee should then notify his or her supervisor and the Director. A bomb threat checklist should be completed upon receiving the bomb threat. [Appendix A.  Checklist for Receiving a Bomb Threat Form, p. 44]

b. Any employee who receives a report of, has knowledge of, or suspects the occurrence of violence or threats of violence should promptly assess the most important action to be taken first. That action may involve notifying the State Capitol Police, or other action to ensure the direct safety of personnel or property. In all cases, the Director should be notified as promptly as possible.

c. The division head will work with employees who report that they have been subjected to violence to support efforts to reduce the harm that has been or is being done.

Wisconsin Senate

6. Violence and Bullying Prohibited

Most incidents of workplace violence are not lethal, yet have devastating physical and emotional consequences for vulnerable victims. Such incidents incur huge costs for employers. Examples of non-lethal violence include:

• Teasing and practical jokes that cause anger and humiliation

• Intimidation 

• Bullying

• Angry outbursts

• Verbal abuse, name calling, biting sarcasm or obscene language

• Threats (verbal, written or gesticulated)

• Harassment (general and sexual)

• Theft, vandalism and sabotage

• Throwing or breaking objects

• Hitting, pushing, poking, slapping, grabbing, and other forms of physical battery

• Romantic obsessions and stalking

• Sexual assault and rape

Sample Language and Policies

Arizona Senate

Keys, Key Cards and Badges

The Senate may provide you with keys, a key card and/or an agency identification badge. As with any State property, employees must exercise due care and safety with these items and if lost, misplaced or stolen, you may be charged for their replacement. Report a loss immediately to the appropriate security personnel.

Safety and Accidents

Safety is each employee’s responsibility. The Senate’s goal is to provide a safe and healthy work environment for all employees. This effort is intended to minimize the risk of a work-related injury and/or illness. Many accidents can be prevented by using care and caution in performing job duties.

If you observe an unsafe act or condition, report it immediately to your supervisor. If safety equipment is provided for the performance of your duties, use it. Failure to use designated equipment may result in discipline or separation from employment.

Washington Senate

Security staff report to the Director of Security. Security staff are assigned to specific posts in and around Senate areas to provide security for members, staff and the general public.

During session, Security issues employee identification employee identification badges which are necessary to enter the Senate Chamber.

If staff have any questions regarding unidentified letters or packages, unattended briefcases and packages left in rooms or hallways, a suspicious individual, or anything else out of the ordinary or that makes you feel uneasy, do not hesitate to call the Security office at 7572.

Keys

Office and building keys or cardkey/IDs are issued by Security on a need basis. All staff will be required to sign a form specifying which keys they have received. The Security office should be notified immediately if any keys or cardkey/IDs are lost or stolen. A fee may be charged for replacement of lost keys. These items will not be given, loaned or traded to anyone.

All keys and cardkey/IDs must be returned to the Sergeant at Arms office when leaving Senate employment. An employee’s last pay check will be withheld until all issued items are returned.

Computer HELP Icon

If you feel threatened or uneasy by someone in your office, you can use the HELP icon on the computer to discreetly send an e-mail to the Director of Security office. Sending the message also automatically activates pagers carried by the Director of Security and Security staff. Information about the HELP icon can be found in the Senate Group on your computer. If you have any questions about setting up the HELP message, contact your workgroup computer system facilitator (CSF).

Sample Language and Policies

Nebraska

Examples of uses that are not acceptable include, but are not limited to, the following:

Use of the Internet for illegal activities, such as gambling;

Access of sites with adult content, such as pornography, or dating services;

Posting information on personal, commercial or campaign-related social media sites or websites;

Use of state resources for personal gain, including buying or selling products or services;

Copyright infringements, such as downloading unauthorized music, movies, or software; or

Use of state resources for personal entertainment.

In addition to the above, authorized legislative users shall:

Respect the privacy of other users and intellectual property or data;

Not intentionally seek information, obtain copies, modify files or data, or use passwords belonging to other users without authorization from the appropriate party;

Respect the legal protection provided by copyright and licensing laws to software and data;

Protect the integrity of the Legislature’s technology equipment and state secure network and not intentionally develop or propagate programs that harass other users or infiltrate a computer or technology system;

Not knowingly allow unauthorized access to the Legislature’s technology equipment or the state secure network;

Not damage or alter software or other components of legislative technology equipment or the state secure network; or

Not install unauthorized software or hardware peripherals, even though they may be related to legislative business.

Vermont

Appropriate Use

The legislative computer system is intended to support the business of the General Assembly and its members.

Users of the computer system may not use the system for unlawful purposes.

Members and staff may not use the computer system for campaign or personal business activities.

Security

Authorized Users. The legislative computer system may only be used by members of the Vermont Legislature, legislative staff, contractors under the supervision of legislative staff, and paid or unpaid interns hired or appointed by the Legislature or a Legislative department.

Passwords. Users of the computer system must treat user IDs and passwords as confidential information and not release them to any unauthorized person. This includes login passwords, e-mail passwords, and remote access passwords.

Sample Language and Policies

Indiana Legislature         

Members and staff of the IGA and LSA may use personal devices to conduct legislative business so long as they satisfy the requirements established below. LSA reserves the right to revoke access and disable services without notice in any case where these requirements are not fully satisfied or where LSA identifies a significant risk to the IGA network. 

a)  Anyone planning to use a personal device to connect to the IGA network or access IGA data must first inform LSA and provide basic information about the BYOD hardware and software. 

b)  Users must inform LSA if a personal device that has connected to the IGA network or has had access to IGA data has been lost or stolen. 

c)  Personal devices must conform to minimum security standards.  That includes:

using a password that complies with the current IGA password policy,

enabling the auto-lock feature after a maximum idle time of ten minutes,

maintaining the manufacturer and network provided patches to be within one month of the current recommendations, and

installing appropriate anti-virus software prior to connecting to the internal IGA network.

d)  Devices that have been “Rooted”* (Android) or “jailbroken” (iOS) may not access the internal IGA network.

e)  Devices containing Peer-to-Peer (P2P) file sharing software may not access the internal IGA network.

f)  The LSA Acceptable Use Policy applies in any case where a personal device is used to connect to the IGA network. 

Ohio Senate

Senate computers, the legislative network, the Internet, electronic mail systems, and on-line services are to be used for state business purposes only. State law prohibits employees from using state resources, such as computers, for personal purposes, even if this use occurs after hours.

Sample Language and Policies

California Senate

Any social media page that is established or maintained by a Senator or Senate staff using legislative resources is subject to this comment policy. These pages are for the purpose of discussing legislative and policy matters relevant to the Senator’s constituents and the people of California. Discussions conducted on these pages should be conducted with civility and respect.

Comments containing any of the following content may not be posted:

1. Content that is threatening, abusive, harassing, defamatory, profane, obscene, or indecent.

2. Content that contains hate speech or discriminates against another person because of that person’s race, religious creed, disability, sex, gender, age, or any other protected basis.

3. Campaign content, including content urging or opposing the nomination or election of a candidate or the qualification or passage of a ballot measure.

4. Advertisements, solicitations, or other content that promotes or endorses services or products.

5. Content that suggests or encourages illegal activity.

6. Content or conduct in violation of a federal, state, or local law.

7. Content that tends to compromise the safety and security of the public.

8. Content that is unrelated to the topic being discussed.

9. Content that is repetitive or spamming in nature.

10. Content that infringes on a copyright, trademark, or other proprietary right of any party.

11. Content that is confidential, invasive of another person’s privacy, or contains personal information.

12. Content that disrupts the normal flow of dialogue or negatively affects other users' ability to engage in discussions on this page.

Kentucky

Official state accounts should not be used to publish personal opinions. Employees wishing to publish personal comments should use their personal social media accounts to do so on their own personal time.

Montana Legislature

If you decide to “friend” a legislator, remember that the perception from outside view may cause a conflict of interest or an issue with objectivity.

Depending on your security that you set up, all public users may be able to see your post and share. A good rule of thumb is to think whether you would be in a compromised position if your post would be published in a newspaper and attributed to you.

Posts that slander a coworker, other staff member, supervisor, legislator, or employer are not acceptable and may be considered a violation of the Code of Conduct subject to disciplinary action.

Posts that harass another staff member can be used in a harassment/discrimination investigation.

If you are on break but still on your employer’s worksite and decide to access your social media site, remember that posts viewed could offend coworkers and other staff.

South Dakota

No employee may contribute content to a social media site or system during work hours, or claim to represent the Legislature, LRC or its policies, unless directed to do so for work purposes by their supervisor.

Texas

The incidental use of social media during working hours is permitted, provided that the use should occur during “personal time” as detailed in the Internet and Email Usage policies.

Sample Language and Policies Pertaining to Official Legislative Social Media Accounts:

Wisconsin

Legislators and their staff may use state resources to use social networking technology, such as Facebook, Twitter, LinkedIn, FourSquare, Google+, etc.; to communicate for legislative purposes… Legislators and their staff may use state resources to create, post information to, and maintain legislative social networking websites defined as social networking websites which exclusively contain material used to communicate for legislative purposes…

Sample Language and Policies

No employee shall grant an interview or make statements to the press, radio, television or any other news medium regarding his or her employment with or work for the division, or the work of the division, without the prior consent of the director. Exceptions to this rule may apply to certain communications professionals working under the direction of a communications director.

Sample Language and Policies

This is to acknowledge that I have received a copy of the ______(agency or Legislature)_____ Personnel Manual, effective ________________________, 20___, and understand that it provides guidelines and general information regarding my employment with _____(agency or Legislature)_____. I understand that it is my responsibility to read and familiarize myself with all information in the manual. I acknowledge that I have read, understand and agree to comply with the provisions of this Personnel Manual, including the policies on equal employment, harassment, sexual harassment, retaliation, conflicts of interest, code of ethics and employee conduct. I understand and acknowledge that the information, policies and benefits described in this manual are subject to change by _____(agency or Legislature)_____ in its sole and absolute discretion. I understand that this manual is not a contract of employment, either express or implied, and does not create any contractual rights with respect to any matter covered by this Personnel Manual; that employment with _____(agency or Legislature)_____ is at-will; and that employment may be terminated at any time, for any reason, with or without notice.  Nothing in this Personnel Manual or in any document or statement, written or oral, shall limit the right to terminate employment at-will. 

________________________________________________ Employee’s Name (Printed) ________________________________________________ Employee’s Signature ________________________________________________ Date