Revised 3/25/10

7.6             CONFLICT OF INTEREST

7.6.1         Objective

District 19 Community Services Board considers itself to be the primary employer for all employees of the agency who are not temporary or relief employees. However, a conflict of interest may occur for any employee; therefore, no employee of District 19 Community Services Board shall use their position with the agency, or activities in connection therewith, to enhance outside private businesses or interests at the expense of District 19 Community Services Board. A conflict of interest shall exist when an employee:

1. Uses agency facilities, time, materials, equipment or other resources for other than agency business;

2 Pressures, coerces or requires an employee or consumer of District 19 Community Services Board to accept or purchase services or products sold for private gain;

3. Engages in any external business or public activity that jeopardizes the agency’s referrals, services, fees, or negatively reflects on the agency’s image or that limits the objectivity of an employee in carrying out his or her job duties;

4. Takes action in a District 19 Community Services Board matter involving a member of his or her immediate family including, but not limited to, matters affecting such family member’s employment, evaluation, advancement within District 19 Community Services Board, or matters where the family member, residing in the same household, has a financial interest with District 19;

5. Solicits or accepts personal gifts or favors from individuals, vendors or contractors with whom District 19 Community Services Board has a business relationship (see section 7.17).

7.6.2         Supplemental Employment

While D19 CSB is primarily concerned with job related matters, it does maintain an interest in business or professional activities of employees that may conflict with Board interests or affect job performance.

All employees of D19 CSB must secure prior approval for employment supplemental to their employment with D19CSB. This would include additional part time employment within D19CSB or outside employment with a state or local agency, employment by any private business concern, and self-employment, including the private practice of any profession. Approval is granted when the supplemental employment does not adversely affect the employee's ability to perform his/ her assigned duties, does not interfere with the employee's regular work, is not in violation of the Virginia Conflict of Interest Act, does not put the employee in competition with D19 CSB, does not create the perception of responsibilities or priorities that conflict with the staff’s primary role at D19CSB, and does not use the employee's position in D19 CSB to gain a business advantage.

A. Initial requests for supplemental employment approval are to be made in writing through submission of the "Request to Engage in Supplemental Employment" form (ADMINPERS #17) to an employee's immediate supervisor who, in turn, will signify his/ her approval and then forward this request to the appropriate Director and Executive Director. Any change in the nature or scope of an employee's supplemental employment (which has already been approved), should be submitted for approval through the procedure outlined above for initial requests.

B. The Executive Director shall review request with division directors and give final approval or disapproval within 15 days of the receipt of the request.

C. District 19 Community Services Board and the Executive Director are responsible for investigating any rumor, allegation, or questions raised in the community with regard to an employee's proper observance of the provisions above.

D. There shall be an annual review and approval by the supervisor with final approval for the Executive Director authorizing a continuation of the activity. Approval will be based on the employee’s satisfactory job performance during the past year and assurance that no changes have taken place that would create a conflict of interest. Any overall job performance rating score below the “fulfill job requirements” standard will result in a denial of the request for supplemental employment. It is the responsibility of the employee to submit a request for continuation during each years annual performance evaluation process. Request for continuation shall be made using an updated “Request to Engage in Supplemental Employment” form.

Employees engaged in a private clinical practice, are subject to the following provisions:

A. No service may be provided that duplicates a service provided by D19 CSB for which fees are received from any payer source having a contractual relationship with D19 CSB ( If D19 doesn’t have a contract with a payer source, a staff person may be allowed to see those consumers with that payer source).

B. Private referrals may not be made by any employee of a D19 CSB-funded program while on Board business, to a Board employee who is engaged in private practice.

C. Contracts for private practice with agencies providing services in D19 CSB area are prohibited if the service being provided by the individual involved in private practice is in direct competition with services offered by the Board.

D. Private practice may not be conducted in D19 CSB facilities nor may any resources of the Board be utilized by an employee for any private practice activity. Professional liability insurance provided through D19 CSB does not cover a therapist's private practice.

E. The therapist's private practice must not reflect unfavorably upon D19 CSB or its services in any way.

F. The therapist may not present himself in advertising as being associated with D19 CSB.

G. Arrangements with contractual employees shall include appropriate safeguards to minimize conflict of interest.

7.6.3          Employment or Supervision of an Employee's Spouse, Relative or Other Member of Household

An employee with authority to fill a position vacancy may not recommend the hire of his/ her own spouse, any relatives, or any person living in the same household. Relative includes son, daughter, father, mother, brother, sister, or in-laws.

Other employees should be restricted from involvement in screening or the interview process when an applicant is a spouse, relative, or person living in the same household.

An employee may not supervise his/ her own spouse, any relative, or any person living in the same household.

7.6.4         Memberships on Boards of Local, Regional, or State Agencies

All employees must make a written report of invitations or appointments to memberships on community, regional, or state boards upon employment with D19 CSB, and thereafter prior to accepting the membership. The Executive Director will determine possible conflicts of interest in the evaluation, award, and administration of D19 CSB contracts with other agencies.

Appointments to memberships considered allocated seats to the Services Board are made by D19 CSB's Board of Directors.

7.6.5         Contracts Between D19 CSB and Employees

In cases where there is no conflict of interest, per 7.62 D19CSB may procure services from an employees private practice. In such cases, a formal contract will be developed that describes the services to be provided and the cost of the services. The location of the services and the time that the services will be provided will be documented on the “Request to Engage in Supplemental Employment” form to document that no conflict.

7.7             ACCIDENT/INJURY REPORT

Whenever an employee has an accident or is injured in some manner while performing job responsibilities, an "Incident Report" (HSM 003-01 (03-03) must be completed immediately. The report should be completed and signed by the employee who had the accident or who was injured. If treatment is indicated, a "Treatment Authorization" form (ADMINPERS #19) must also be completed. The employee is then to submit the report to his/ her immediate supervisor who is to complete the last section of the report. The supervisor is then responsible for routing the report to other appropriate staff.

If, for some reason (e.g., immediate hospitalization) the affected employee is unable to complete the "Incident Report", the immediate supervisor is responsible for completion of the form. The supervisor is to complete the form by obtaining information from the employee and any witnesses. When possible, the supervisor is to obtain the employee's signature approving the information on the report form.

Any incident involving employee injury, no matter how slight, must also be reported by the employee's supervisor on the "Incident Report" (HSM 003-01 (03/03). This form is to be completed by the supervisor and submitted to the Human Resources Director within 24 hours (or the next working day) of the accident.

Any employee with an employment related accident or illness must contact their immediate supervisor and the Human Resources Officer within 24 hours of the accident or noticing symptoms of the illness in order to complete the State of Virginia Workers' Compensation Report.


7.8            COMMUNICATIONS

7.8.1         Public Communications

The continuing effectiveness of D19 CSB rests, in large part, on the assumption that employees exercise considered judgment and tact in relations with the public and the media. Staff members are encouraged to take part in public education or public relations endeavors in their areas of knowledge. All public appearances, articles, and other media events must be cleared in advance with the Executive Director or designee, where applicable. In the event staff are contacted by the media, they should direct any inquiries to the Executive Director or designee.

Because D19 CSB is a community program, employees are encouraged to involve themselves in the civic affairs of the community through memberships and participation in community organizations.

7.8.2         D19 CSB Media Policy

A. Purpose of this policy:

District 19 is committed to an open provision of information about our mission, programs, and services as a public agency, responsible for providing community based behavioral health services, that are timely, accurate, and authoritative.

Information about specific cases and circumstances is governed by federal and state statutes and regulations regarding personal privacy and confidentiality of consumer records.

B. Who does this policy apply to?

This policy applies to all Employees of D19 CSB, Board Members, Volunteers and Interns providing services to D19 CSB. The Policy covers all external news media including broadcast, electronic, and print.

C. D19 CSB Spokespersons:

Unless otherwise authorized, the Board’s spokespersons are:

D. Media Inquiries:

Any media inquiries received by other D19 Staff, Board Members, Volunteers, and Interns should be referred immediately to the Office of the Executive Director or a designated backup. An appropriate response to the media would be, “I’m sorry I don’t have the full information regarding that issue. I will give your request to the Executive Director, who will respond to you as soon as he/she is available.” Please obtain the reporter’s name, phone number (cell number if “in the field”), topic of story and deadline.

E. News Release

If you have a need for a news release, please contact the Executive Director’s Office at least two weeks before you wish the release to go public. The Release shall be reviewed by members of the Leadership Team for accuracy and compliance with all applicable statues and regulations. Once approved, the Executive Director’s office will make the Release to the desired media outlets.

B. Private referrals may not be made by any employee of a D19 CSB-funded program while on Board business, to a Board employee who is engaged in private practice.

C. Contracts for private practice with

Revised 1/27/05

7.9             INCLEMENT WEATHER AND NATURAL DISASTER

In the event of inclement weather, the Executive Director or his/ her designee will make a determination as to the organization's closing or delayed opening. Employees are advised to listen to the following stations where announcements as necessary will be aired: WRVA (radio) and WWBT-12 (television). Directors are responsible for handling services‑related issues which may arise as a result of closing or delayed opening.

In the event of a natural disaster such as severe storm, earthquake, tornado, or flood, all Board employees are instructed to follow emergency broadcast instructions and the instructions of emergency personnel. Every attempt must be made to protect and, where necessary, provide medical assistance to injured clients and staff. A complete report of damage, persons injured or missing, persons safe and immediate situational needs is made by the most senior staff member to any available administrator.

It is the policy of D19 CSB to provide employees continuity in pay for absences that result from the authorized closing of operations due to inclement weather conditions or other emergencies such as fire, utility failure, natural disaster or forced evacuations.

7.9.1             Procedures

7.9.1a             Definitions

 

  1. Designated Essential Employees - Those employees listed below who are required to work during periods of authorized closing. For purposes of identification in media announcements, these employees will be designated as "essential personnel."
    1. Residential Programs
    2. Staff designated by Division Directors due to specific job duty requirements during time of authorized closing
  2. Designated Non-essential Employees - Those employees who are not required to work during periods of authorized closings. For purposes of identification in media announcements, these employees will be designated as "non-essential personnel."
  3. Authorized Closing - The period of time D19 CSB operations are officially suspended and non-essential employees are not required to work. Such closings may be authorized for an entire or partial day. Absences for these reasons should be noted on the time sheets showing hours absent under the "Other" column on the timesheet.

7.9.1b             Closing Decisions

  1. Decisions to close D19 CSB facilities will be made by the Executive Director.
  2. In the event the Executive Director is not available or cannot be contacted within a reasonable period of time before or during the emergency, a collective decision will be made by the following directors upon their respective availability, with the responsibility to coordinate such a decision being taken in the following order.
    1. Finance & Administration Director
    2. Clinical Services Director
    3. Mental Retardation Services Director

    It will be the responsibility of each director to exert every effort to coordinate the decision to close.

7.9.1c             Compensation

  1. Essential non-exempt employees required to work in excess of the hours in their normally scheduled shift, over 40 hours, will be compensated in accordance with the FLSA for the excess time worked. These employees will earn either money at a time and a half rate or compensatory time at a time and a half rate.
  2. On-call staff schedules are part of the regular work schedule for some staff. These staff are compensated as usual during an authorized closing if they are expected to fulfill their normal on-call obligations. If they cannot fulfill their on-call duties, they must charge their appropriate annual or compensatory leave balances for any hours not available.
  3. Essential employees who do not report to work as scheduled must charge time missed to annual, sick, compensatory, or leave without pay as appropriate.
    1. When conditions create transportation difficulties that result in late arrival to work, such lost time need not be applied to leave balances nor should the employee otherwise experience loss of pay if, in the judgment of the supervisor and Executive Director, the lost time was justifiable in view of the conditions.
    2. If deemed necessary, corrective action for failure to report may be taken under the "Standards of Conduct" (Policy 7.2) of the "Human Resources Policy and Procedures" Manual.
    3. Employees who are on approved leave with pay for an authorized closing day will not be charged leave for the day.
  4. Employees who are on approved leave with pay for an authorized closing date will not be charged leave. (Example: An employee has leave on Tuesday, and D19 CSB closes due to snow, the employee doesn't use his/ her leave hours for that day.
  5. Employees whose resignations are effective the day of an all-day closing will not qualify for payment, and the separation will be effective the last actual day worked unless the closed day falls on the last workday of the pay period.
  6. When inclement weather or emergency conditions result in a change in the work schedule, such as a late opening or early closing, employees will be paid for the period of the authorized shift closing.
    1. To qualify for payment in these instances, employees must work all or part of the work schedule not affected by the authorized shift closing.
      1. Employees who are allowed to leave work prior to an announcement of an early closing must charge the difference between that time and the official closing time to annual/compensatory leave balances or leave without pay.
      2. When conditions create transportation difficulties that result in late arrival to work, such lost time need not be applied to leave balances nor should employees otherwise experience loss of pay if, in the judgment of the supervisor and the Executive Director, the lost time was justifiable in view of the conditions.

7.9.1d             Closings on Employee's Days Off (Applies to Employees with 4-Day Workweek)

Employees whose scheduled days off fall on a day when D19 CSB is closed will not be credited with compensatory leave.

7.9.1e             Closings on Employee's Day of Original Appointment/ Re-employment

If employees are designated essential, they are required to work their shift. Their appointment will be effective only if they actually work their shift. If they don't report to work, their appointment will be effective the first day they actually report to work.

7.9.1f             Responsibility of Executive Director or Designee

  1. A decision by the Executive Director to close D19 CSB facilities will be communicated by the Executive Director or designee to specific news media.

NOTE: Should a director have an emergency that requires announcement of an individual facility closing, the director must contact the Executive Director for assistance in conveying the announcement on the news media.

  1. The Executive Director or designee will notify employees of the specific news media that will be utilized each year for closing announcements.

7. 9.1g             Administrative Responsibilities

  1. It is the responsibility of D19 CSB administrative staff to inform essential employees in writing that they will be required to work during authorized closings.
    1. It is recommended that employees be notified in their employment offer letter at the time of employment, or annually just prior to the winter season, or when it can be predetermined, that for certain types of emergencies their services will be necessary. The Human Resources Director and Disability/ Division Director are responsible for ensuring the notification takes place.
    2. It is recognized that occasionally non-essential employees may become essential and vice versa. District 19 Community Services Board management should notify employees of changes in their status as soon as practicable.
    3. In cases of extreme hardship where home, secured property or possessions is involved, Directors may excuse a reasonable absence required for relief and rehabilitation without charge to employees leave balances.
  2. Supervisors and directors are responsible for ensuring consistent application of this policy with their disability area or facility.

7.10           WORK ENVIRONMENT

7.10.1        Solicitation

No persons or organizations are permitted to solicit or promote the sale of any item within or on the property of D19 CSB except as authorized by the Executive Director.

7.10.2        Smoking

All indoor space leased, owned, or otherwise contracted for the use of D19 CSB programs are smoke-free except as indicated below:

    1. Turning Point provides a screened porch area for residential consumers.
    2. Petersburg Clinical Services provides an indoor isolated smoking area with an independent ventilation system to be used by consumers only.

7.10.3        Drug and Alcohol Abuse

District 19 Community Services Board services depend upon the sound judgment, efficiency and reputation of our employees. Abuse of alcohol or drugs in the workplace or on agency time will not be tolerated. District 19 Community Services Board prohibits the unlawful possession, use or distribution of illicit drugs and alcohol by any client or employee on its property or as part of any of its activities. Under local, state or federal law, those individuals who violate this policy are subject to the full range of criminal penalties including fines and imprisonment.

Additionally, reporting for work under the influence of alcohol or illegal drugs may result in disciplinary action up to and including immediate termination of employment. It is the duty of every employee to cooperate with any efforts deemed necessary by management to detect substance abuse on the job.

The negative physical and mental effects of the abuse of alcohol and other drugs are well documented. If you are concerned about yourself, a family member or colleague, help is available. You may receive confidential counseling by self referral through the D19 CSB Employee Assistance Program (EAP) (See Policy 7.11). The Human Resources Director can provide additional information about this program.

7.10.4        Office Security

As part of each new employee's orientation within his/ her prospective division and work location, the supervisor will review the following:

    1. Opening/ closing procedures of building during work hours, after hours, weekends, and holidays.
    2. Issuing keys, if applicable.
    3. Training for alarm system, if applicable.
    4. Emergency procedures for staff and consumers (fire, police, and medical).
    5. Fire evacuation plan, location of fire extinguisher, and first aid kit.
    6. Alert procedures for consumer related confrontations (special telephone signals, code words, etc.

Each location will adopt procedures and practices tailored to their specific location and patterns of operation. Each policy requires the approval of the Supervisor, Division Director, and the Executive Director.

The supervisor may designate a representative responsible for individual training and periodic review, within each division.

Residential programs will maintain an accessible, up-to-date guide of emergency contacts for resident consumers.


7.11           EMPLOYEE ASSISTANCE PROGRAM

7.11.1        Policy Statement

Satisfactory work performance by all employees is essential to the orderly and adequate delivery of services to clients of D19 CSB. In the interest of employees, their families, the Board, the governmental jurisdictions, and the citizens who become services recipients, D19 CSB has established an "Employee Assistance Program" (EAP).

The implementation of the EAP is not intended to supersede regular human resources procedures in dealing with work performance problems and actions. Rather, the EAP is intended to help both the supervisor and employee to determine whether or not declining work performance is being caused by a personal problem, which can be treated. The intent is to improve productivity and to retain and rehabilitate valued employees who might otherwise be lost from the staff of D19 CSB.

7.11.2        Principles of the Program

    1. The foremost concern of supervisors and other management is the adequacy of work performance in behalf of citizens.
    2. It is recognized that many human problems which affect an employee's work performance, behavior, and/ or attendance can be successfully resolved if they are identified early and a referral made to a helping resource.
    3. No employee's job security or promotional opportunities will be jeopardized by a request for assistance or treatment.
    4. It is expected that all employees will respect the privacy and confidentiality of any employee's use of the EAP.
    5. The use of accrued sick or annual leave will be approved for necessary treatment or rehabilitation in the same manner as any other health problems.
    6. There will be no records maintained relating to the implementation of the EAP other than the "Understandings" (described below), which are maintained only by the employee and supervisor. The employee's personnel file will refer only to work performance and other normal matters. The "Understandings" will be destroyed when either the employee leaves D19 CSB or one year after the resolution of the problem, whichever comes sooner. The "Understandings" are considered confidential. In the unforeseen event of any need for disclosure of information to any person for any reason, the need can be met only if the employee signs a "Consent to Release Information" form.
    7. The EAP will be applicable to all regular employees. It is the employee's responsibility to make reasonable effort to restore work performance levels and to take advantage of opportunities to resolve any problems which may have been causative to inadequate work level.
    8. An employee who fails to act responsibly to improve work performance and who refuses the use of the EAP, and whose work performance continues to be unacceptable will be dealt with in accordance with standard administrative and disciplinary policies as provided by D19 CSB.

7.11.3        Procedures

    1. District 19 Community Services Board will enter into a contractual agreement with an outside employee assistance program. The employee assistance counselor will be available for appointments set by employees who elect to use this service for diagnosis and for referral by the employee assistance counselor to any appropriate treatment as agreed upon by the employee. The employee will be responsible for any costs incurred with diagnosis or treatment, and may use the Board's health insurance benefits.
    2. Supervisors will be responsible for the identification of instances of substandard work performance.
      1. Upon initial identification, the supervisor will discuss with the employee the specific job related deficiency and will suggest that the employee contact the employee assistance counselor. Also, the supervisor will prepare and both supervisor and employee will sign an "Understanding": a delineation of needed improvements and time lines for achieving the improvements.
      2. In the event the time lines come prior to the achievements of the improvements, the supervisor will again discuss with the employee the specific job related deficiency including the handling of Step A and will prepare a "Second Understanding": a delineation of needed improvements and time lines for achieving the job related improvements.
      3. In the event the second time lines come prior to achieving the improvements, the supervisor will require that the employee contact the Employee Assistance Counselor for diagnosis and appropriate treatment. If the employee declines within two weeks from the supervisor-employee discussion or has not within the two weeks actually begun the diagnostic-treatment process, the supervisor will initiate administrative action with his Director to relieve the employee of his work position. This action may be effective immediately but no later than two weeks from its start. In the event the employee earlier declined and changes his/ her mind during the period before actual termination and has actively entered into diagnostic-treatment, the supervisor will prepare a "Third Agreement:" a delineation of specific improvements and time lines for achieving the improvements.

    If the job related deficiencies are not achieved according to the "Third Agreement," the administrative options such, such as transfer, progressive discipline, and possible termination of the employee, will be initiated by the supervisor by way of a memorandum to the Human Resources Director.

    1. The Human Resources Director is the D19 CSB, EAP coordinator. They are responsible for coordinating the EAP program operations and assuring that employee's confidentiality is maintained.

Chapters 7.1 through 7.3.6
Chapters 7.4 through 7.5
Chapters 7.12 through 7.17