DISTRICT CLERK EMPLOYEE HANDBOOK - Dallas County · dallas county district clerk employee handbook index welcome statement 3 role of the district clerk 4 divisions of the district

DISTRICT CLERK EMPLOYEE HANDBOOK

Mission Statement

The mission of the District Clerk is to provide the judicial system and the public with information and support in the most technologically advanced method possible by:

Fulfilling our statutory duties as record custodian and fee officer to the best of our abilities;

Fostering an environment for our employees that encourages the development of new ideas and the willingness to improve productivity;

Implementing our goals and objectives with a team-based approach to decision-making throughout the organization;

Striving to be a leader and example to other county and state agencies

District Clerk Employee Handbook Revision September 2017

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DALLAS COUNTY DISTRICT CLERK EMPLOYEE HANDBOOK

INDEX

WELCOME STATEMENT 3

ROLE OF THE DISTRICT CLERK 4

DIVISIONS OF THE DISTRICT CLERK’S OFFICE 5

TARDINESS & ABSENCE POLICY 11

QUESTIONS & ANSWERS, TIME & ATTENDANCE POLICY 17

DISTRICT CLERK EXEMPT POLICY 20

DISTRICT CLERK NON-EXEMPT LEAVE POLICY 22

SICK LEAVE 23

VACATION LEAVE 24

LUNCH & BREAKS 25

SMOKING BREAKS 26

CELL PHONE/PERSONAL CALL POLICY 27

CORRECTIVE ACTION POLICY 29

EMPLOYEE CONDUCT & DRESS CODE POLICY 31

NON-DISCRIMINATION & BULLYING POLICY 35

OUTSTANDING WARRANTS / PUBLIC DEBTS 36

DISTRICT CLERK’S ETHICS POLICY 38

DISTRICT CLERK CONFLICT OF INTEREST POLICY 40

FAMILY & MEDICAL LEAVE ACT INFORMATION (FMLA) 41

FMLA PRIVACY GUIDELINES 42

DALLAS COUNTY COMPUTER USER ACCESS POLICY 43

HELPFUL LINKS FOR EMPLOYEE INFORMATION & FORMS 45


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FELICIA PITRE DALLAS COUNTY DISTRICT CLERK

NINA MOUNTIQUE CHIEF DEPUTY

ROLE OF THE DISTRICT CLERK IN TEXAS The office of District Clerk has been included in every Texas constitution since the Texas Republic was formed in 1836. The functions have changed little but the technology used has become much more complex as our courts move toward electronic filing and record keeping. The District Clerk provides support staff for the District Courts and works with the Judges to obtain timely disposition of all court cases. She is the registrar, recorder, and custodian of all court pleadings, instruments, and papers that are part of any cause of action in civil or criminal district court. The office indexes and secures all court records and accounts for all monies paid as deposits on civil cases awaiting disposition and all funds awarded minors in court actions that are paid into the court registry. The role of the District Clerk in supporting the court system is essential to its smooth operation and, as an officer of the court, the District Clerk is authorized to issue a variety of processes - the most common being the “capias” or warrant. Aside from providing clerical support, both in and out of the courtroom, the District Clerk has the responsibility of overseeing the accounting and disbursement of all child support payments for cases heard in Dallas County. The District Clerk is responsible for gathering data and reporting to several local agencies including the County Auditor, County Treasurer, Voter Registration, Department of Public Safety, Attorney General, Court of Criminal Appeals, Supreme Court of Texas, and the Office of Court Administration, among others.

THE OFFICE OF THE DISTRICT CLERK The district clerk is an elected official who serves a four-year term. If the office becomes vacant, a district court judge appoints a new clerk, who holds office until it is filled in the next regularly scheduled election. Although the clerk works closely with each judge, she has a governmental sphere independent of the judiciary. The current Dallas County District Clerk is the Honorable Felicia Pitre who was sworn into office on January 1, 2015. Ms. Pitre is the second woman in Dallas County to serve as District Clerk, and the county’s first African-American. Prior to becoming District Clerk, Ms. Pitre held several administrative roles in the office overseeing criminal courts, passport services and administrative services. Ms. Pitre’s was formerly constituent services representative in the office


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of State Representative Terri Hodge and help positions in a number of Dallas area non-profit/social service organizations. Past district clerks include: Hon. Gary Fitzsimmons, 2007 - 2014 Hon. Jim Hamlin, 1999 - 2006 Hon. Bill Long, 1983 – 1997 Hon. T.E. Moore, 1981 - 1982 (appointed) Hon. Bill Shaw, 1947 - 1980 Hon. Pearl Smith, 1939 – 1946* Hon. George Harwood, 1933 -1938 Hon. J. Balie Finks, 1926-1932 Hon. John H. Cullom, 1921-1926 Hon. Man L. Cobb, 1915-1920 Hon. H. Horace Williams, 1907-1914 Hon. A. B. Rawlins, 1905-1906 Hon. Henry W. Jones, 1897-1904

In addition to being the first woman to serve as Dallas County District Clerk, Pearl Smith was the first woman to ever be elected to a countywide office in Dallas County. She was Dallas County’s first woman Deputy Constable, first woman Deputy Sheriff, and first woman Election Judge. Today, the District Clerk’s civil file room in the George Allen Courts Building is named in her honor.

DIVISIONS IN THE DISTRICT CLERK'S OFFICE

ADMINISTRATION The Administration Department, located in the George Allen Courts Building, includes deputies reporting directly to the District Clerk, including the Chief Deputy, Quality Assurance Administrator, Administrative Assistant and Administration Clerk. The department is responsible for creating and implementing operational policies and procedures within County guidelines for hiring personnel, managing supplies and equipment, coordinating interdepartmental operations, preparing the department's annual budget and handling executive and administrative duties of the office. The District Clerk and Chief Deputy represent the office each week at the Commissioners' Court, which approves most budget and policy issues within the County, and at meetings with other departments and committees, including Information Technology, Jail Population, Judicial Committees and others that require an exchange of information about County issues.

CIVIL AND FAMILY OPERATIONS


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The File Desk Located in the George Allen Courts Building, the File Desk is often the first division of the District Clerk's office encountered by customers. The Information Desk, which has two deputies who assist customers on the phone and in person, greets customers in the File Desk area. They provide customers with a wide range of information, from filing fees and phone numbers to specific courts to instructions for obtaining divorce decrees and other documents. These deputy clerks also update the attorney register and file mark documents that do not require a filing fee. The Filing Desk accepts original petitions for civil and family cases, quotes and takes filing fees, ensures that all documents required are filed, assigns petitions case and court numbers and launches the judicial process for these cases. The File Desk is one of the District Clerk's busiest sections, filing more than 20,000 cases in Family Courts alone last year and more than 15,000 cases in Civil Courts. With the continued growth of Dallas County, the case loads are expected to increase along with the population. Document Production The staff in Document Production issues more than 40,000 documents a year, including citations notifying defendants or respondents that they are being sued and passes the documents along to constables or other agents to serve. The Document Production Desk also issues court-ordered post-trial documents such as Orders to Withhold Income in divorce or child support cases. Additionally, three clerks in this area prepare transcripts for the Court of Appeals, transfer and change-of-venue cases. Civil and Tax Courts The Supervisor of the Civil and Tax Courts supervises the deputy clerks assigned to the thirteen (13) Civil District Courts and one Tax Court for delinquent real estate property taxes. Deputy clerks in these courts handle phone calls and documents, prepare court dockets, assemble all of the documents associated with each case into an electronic case file, ensure the record of the court is complete and accurate and provide direct services to the judge to facilitate the efficiency of judicial process. Family and IV-D Courts The Supervisor for the Family and IV-D Courts oversees the Court clerks in the seven (7) Family courts and the three IV-D Courts. The Family Court Clerks manage dockets for the district and associate judges. Clerks in IV-D handle all aspects of cases filed by the Attorney General's child support enforcement office. Juvenile


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The Assistant Manager of Juvenile Operations supervises deputies who support two Juvenile Courts located in the Henry Wade Juvenile Justice Center. The Juvenile Division also has its own File and Process Desks, Billing and Collections, and Records divisions. Deputies file all juvenile cases prosecuted by the District Attorney, as well as adoptions, and manage dockets for judges.

CRIMINAL OPERATIONS The Criminal Division of the District Clerk's Office, located in the Frank Crowley Courts Building, consists of several sections: Process, Felony Collections, Protective Orders, Evidence, and the Felony Courts, including the Arraignment Court, 17 Criminal District Courts, two Magistrate Courts, and one SAFPF court and one Drug Court. Lew Sterrett Magistrate Court (Arraignment) Located in the Lew Sterrett Justice Center (Dallas County Jail), work in 10 hour shifts, 24/7 handling both felony and misdemeanor offenses which requires dual deputization from the County and District Clerks. When persons are arrested, they are immediately brought before the Magistrate and are informed of why they are being held, asked if they are indigent and need legal representation appointed to them, and a bond amount is set, if applicable. Our clerks conduct the criminal history research on each arrestee, which enables the Magistrate to determine if the person is eligible to post bond. They also prepare and maintain records of Fugitive-From-Justice cases as well as Mental and Chemical Dependency warrants and affidavits. Felony Courts Staffed with two deputies from the District Clerk's office per court, they put in motion all orders of the court by preparing all documents associated with a criminal case. This includes informing the jail when to release prisoners or when to send them to the penitentiary or another incarceration facility. They prepare all judgments and sentences handed down by judges, issue warrants, maintain the official court minutes, update computer records with the current status of the case including all future settings, and are the frontline assistance to all incoming inquires by phone or in person. After a trial, the District Clerk becomes the custodian of all admitted evidence which must be maintained until it becomes eligible for destruction or return. Protective Orders Deputies process protective order applications and issue all restraining orders in a timely manager on behalf of the protective order court. In addition, these clerks assess and collect all court ordered fines and costs associated with those protective orders.


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Criminal Process Section The Criminal Process section handles all indictments returned by the Grand Jury which initiate a Felony case including the issuing of warrants. Clerks create the case in the electronic case management systems and forwards those new cases directly to the courts the cases are assigned to. Deputies also file daily writs, return cash bonds when cases are completed, and handle all aspects of appealed cases including the preparation of the clerk’s record and the maintaining of all records on appeal. Criminal Process also handles the management of Habeas Corpus writs on behalf of the courts and prepares the transcript for the Court of Criminal Appeals. Process clerks also issue felony subpoenas for the Criminal District Courts and process more than 1500 expunctions of records each year as well as handling all aspects of the bond forfeiture process for the courts. Felony Collections Interviews all defendants who are placed on probation and establish payment plans for the court ordered fines and court costs. They bill probationers who are within six months of completing probation and still owe court costs and fines, and defendants who receive sentences involving incarceration in the county or state jail. All parolees report to Felony Collections to make arrangements to pay their fine and costs. They collect over 6 million dollars a year in fines and costs. The Cashiers are part of Felony Collections and process all monies received from fines, forfeitures, court costs, filing fees, certified copies and record searches.

TRUST, ACCOUNTING AND COLLECTIONS

Trust is responsible for the management of all funds placed into the registry of the District Courts, including funds of minors, bonds and other court matters. Trust invests this money in various types of interest-bearing accounts, and approves all personal and corporate surety bonds. Accounting prepares the District Clerk's daily bank deposits, maintains the cash book, reconciles the Office's bank accounts, and issues checks. Additionally, this section audits civil and family cases to ensure all county fees have been charged and collected and other County and State related accounting duties have been fulfilled. Collections prepares billing statements and collects court costs due to the State and County and is in the process of reviewing methods by which the District Clerk can collect more funds more rapidly to enhance revenues for the County. The newly developed Interviewer/Collector position is responsible for setting up payment plans for case parties of civil and family cases and is also responsible for collecting on previously unpaid court costs.

RECORDS


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With more than 3 million case records dating from 40 years ago, the Records department is one of the largest in the District Clerk's Office. Civil and Family Records Housed in the George Allen Courts Building, the Civil and Family records division wears many hats. Front Desk clerks process walk up requests for certified copies of divorce decrees required by the Social Security Administration to accompany applications for benefits. They also fill daily requests for copies of civil and other family court matters. The Copy/Research Desk manages all requests for copies of documents in cases filed in District Courts and respond to law firms and other entities that have established escrow accounts with the District Clerk. The Records Division also plays an integral part of the office by delivering mail and case files throughout the department. When personnel within the County or others request documents in open Civil or Family cases, the Tracking Clerks retrieve, track and re-file these documents, as well as open and deliver mail within the District Clerk's Office. Imaging clerks scan documents in one of the largest projects ever undertaken by the District Clerk's Office with the goal of having all court records on-line. Currently, court dockets but not documents are available internally on the Odyssey case management system and on the Dallas County website externally. Exhibit clerks retrieve, deliver, track and return exhibits for the Civil and Family Courts. Felony Records Located in the Frank Crowley Courts Building, the Criminal records section handles almost 100 requests daily for criminal records sent by employers, government agencies and other entities performing background checks that are standard in most hiring procedures today.

PASSPORTS The Passports Division receives and processes thousands of passport applications each year from Dallas County residents. Following new regulations implemented in 2010 requiring passports for all air travel to North American countries, the number of applications processed doubled. Since that time, volume has continued to increase requiring the office to convert all four part-time employees to full time employees. To accommodate existing and future needs, the District Clerk has offices at the George Allen Courts Building, in the East Dallas Government Center and at the North Dallas Government Center, and is hoping to expand to South Dallas as well. To help serve the County's growing


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Hispanic population, each office has Spanish-speaking deputies on staff to assist Spanish-speaking customers.


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DISTRICT CLERK TARDINESS & ABSENCE POLICY

I. REASON FOR POLICY:

The district clerk’s office primary objective is to provide a high quality, timely public services to the citizens and taxpayers of Dallas County. In order to do this the office must be fully staffed. Absenteeism and tardiness detract from this service and cause an undue burden for those employees who must fill in for absent or late employees.

II. POLICY STATEMENT:

In regard to attendance, employees are expected to:

1. Maintain good personal health standards which will allow them to perform their

work in a competent manner on a regular basis. 2. Avoid letting minor ailments keep them from performing their jobs and exercising

good judgment with respect to contagious ailments which might have an adverse effect on other employees.

3. Attend to personal affairs during nonworking hours.

III. EXCESSIVE OR FREQUENT UNSCHEDULED ABSENCES Employees are responsible for ensuring their attendance meets the standards set under the Dallas County Code. The supervisor or manager will periodically review employee time and attendance to determine if it is excessive. A. Excessive Absences

Absences are deemed excessive when an employee is absent from work for more than six days or a total of 48 hours during a 12-month period and one or more of four “factors” are present.1 The accumulation of absences of 48 hours or more in a 12-month period does not by itself mean an employee’s absences are “excessive”. Management is required to review employee time and attendance (T&A) once the 48 hour mark is reached in order to make that determination based on the appropriate “factors”.2

1. Scheduled vacation leave, holiday leave, bereavement leave, jury duty,

military leave, LOA and any absence covered under an employee’s FMLA 1 Dallas County Code Sec. 86-392 2 Clarification added December 2015


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leave certification are not counted when reviewing an employee’s T&A. In general, pre-scheduled non-FMLA sick leave for medical purposes or to assist a family member with their health care needs will not be counted unless the employee’s overall T&A is deemed excessive.3

2. Pursuant to the Family and Medical Leave Act (FMLA), management will notify an employee in writing of her FMLA possible benefits if it appears that the absences may be due to a qualifying medical condition or that of a qualified family member.4

3. Employees are responsible for timely informing management that their

unscheduled absences may qualify for FMLA leave benefits.

B. Resolving Time and Attendance Issues

1. Once an employee has accumulated 48 hours of qualified absences5 in any rolling 12-month period, the absences will be reviewed by management to determine whether they are “excessive” based on whether one or more of the following factors are present:

1) The absences are frequently unplanned and/or indicate a pattern. 2) Other employees must frequently perform the tasks of the absent

employee. 3) Office productivity and the quality of services offered is negatively

impacted. 4) The employee's absentee rate is so high the employee's services are of

little or no value to the department.

2. Each employee is to be evaluated in light of her own personal circumstances.

3. If the supervisor determines that one or more of the factors are met, then she will complete a Statement of Concerns – Time and Attendance form6 detailing the absences and requesting a response. The employee will be given until the next business day to respond.

4. If after carefully reviewing the employee’s response, the supervisor deems the absences excessive, then the supervisor will refer to the guidelines for consequences in Dallas County Code Sec. 86-395 and use the following factors to determine the most appropriate level of action to take:

3 Added January 2016. Purpose is to avoid unnecessary requests for FMLA leave to cover absences fully accommodated by Dallas County’s sick leave policy. 4 Added 8/5/2015 per instructions from Dallas County Human Resources 5 Amended 8/19/2015 substituting “sick leave” for “qualified absences” “Qualified absences” are those which are not described by Section A(1) or FMLA covered leave regardless of how they were coded in Kronos 6 Implemented August 2015


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1) Tenure with the county. 2) Overall attendance record prior to these absences. 3) Performance/productivity records. 4) Reasons for missing work. 5) Prospect for future improvement and maintenance of an acceptable

attendance record.

5. Supervisors will ensure that their actions are consistent with the due process guidelines set forth in Dallas County Code Sec. 86-974 and proceed according to the levels of corrective action found in Sec. 86-975. In responding to T&A issues, the supervisor may tailor the corrective action plan to the unique situation of the employee and use multiple Record of Counseling prior to taking disciplinary action.7

6. Any counseling or disciplinary action must include a copy of the subject

incidents and the reasons why the absences are considered excessive including the specific factors used to make that determination.

C. Compensation for Lost Time due to Absences8

1. Employees are not entitled to use their vacation leave accrual for unplanned absences unless requested in writing and approved by the supervisor. Supervisor approval is based on the employee’s overall time and attendance record. In the event that vacation time is not approved and no other paid accrual is available, the employee will be “docked” (LWOP) for the absence.

2. The use of sick leave accrual is subject to the Dallas County Code’s sick leave policy and supervisor or management approval. In situations where the supervisor has reason to believe the use of sick time is not consistent with the Code, the employee will be docked for the missing time.

3. Employees may use accrued compensatory or county time in lieu of their sick leave accrual.9

IV. TARDINESS POLICY

Employees are reminded that the business of the courts commences at 8:00AM, Monday through Friday and that the clerk of courts is expected to be on-duty and ready to handle that business promptly.

A. Tardiness

7 See Dallas County Code Sec. 86-975(2) on the use of Record of Counseling. Added January 2016. 8 Amended in 2013 but inadvertently omitted from the final policy document circulated to staff 9 Added January 2016 to accommodate current practice


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1. An employee is considered tardy if she clocks in after their scheduled shift

begins, whether or not she has notified her supervisor that she will be late. Calling in prior to shift start time is expected but does not excuse tardiness.

2. Employees with FMLA certification must also adhere to the Procedures for Notification of absence due to tardiness.

3. Dallas County uses the Kronos Time Clock system. The system recognizes it is sometimes not possible for an employee to “clock-in” immediately after arrival due to computer issues. The system will not dock an employee’s pay if she clocks in less than six (6) minutes after the time her shift is scheduled to begin. However, an employee should immediately notify her supervisor in the event this occurs. If it is not noted in Kronos, an employee may be considered tardy.10

4. An employee who forgets to clock-in before the six (6) minute Kronos

window must immediately notify her supervisor as soon as the error is realized. The supervisor, if warranted, will edit the employee’s timecard to reflect the employee’s correct arrival time. An employee who fails to notify her supervisor may be considered tardy and docked for the missing time.11

B. Consequences of tardiness

The district clerk uses the model found in the Dallas County Code Sec. 86-399 for handling excessive employee tardiness:12 The application of the model is subject to supervisorial discretion to ensure that it is administered in light of the factors described in B(4) of this policy.13

1. Meet with the employee and conduct a counseling session after the sixth

tardy. a. Employees will typically be required to submit the “Deputy Clerk Tardy

Statement” to their supervisor each time a subsequent tardy has occurred available on the district clerk’s office website.14

2. Issue a written warning when the employee has incurred the seventh tardy. 3. Suspend the employee when the eighth tardy has been incurred, and 4. Review for termination after the ninth tardy.15

10 Revised per district clerk administration July 2015 11 Added January 2016 to clarify that supervisors are permitted to edit an employee’s timecard for accuracy with appropriate notation included in Kronos. 12 Removed section 1 of the previous policy’s action plan as it was inconsistent with section 2 13 Added 8/31/2015 14 Informal District Clerk policy for many years but never included in the written attendance policy 15 Section replaced in January 2016 with the current language from the Dallas County Code. Older language reflected the code prior to its revision by the commissioners court in 2002.


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C. Compensation for tardies

1. Employees are not entitled to take paid leave time in the event of a tardy

arrival. Supervisors must approve the use of paid time for that purpose.16 2. Employees with poor attendance records are generally prohibited from

using paid time to “cover” tardiness. 3. In the event of a tardy arrival, employees should discuss with their

supervisors the nature of the tardy and the alternatives available to use paid time or make-up time.17

V. TIME and ATTENDANCE AND FMLA CERTIFICATION18

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of protected leave in a defined 12 month period in connection with the employee’s own or eligible family member’s serious health condition. FMLA does not exempt an employee from an employer’s ordinary time, attendance and notification standards. Employees may be subject to disciplinary action for excessive absences not covered by his or her FMLA benefit. The following standards apply: a. Employees must indicate to supervisor whether an absence is covered under their

FMLA benefit and which FMLA benefit if more than one. b. Supervisors may ask an employee questions regarding the nature of the absence at

the time of notification or after to ensure it qualifies under the FMLA designation. c. Employees may be asked to re-certify their FMLA leave benefit no more than

once per month. d. Employees may be asked to substantiate absences covered by FMLA for cause. e. Employees may be required to periodically check-in with their supervisor during

periods of extended FMLA leave as indicated on their FMLA certification.19 Supervisors may contact employees on continuous FMLA leave to determine the status of their projected leave as long as the contact is necessary or related to preserving the employee’s position or coordinating a return

f. Employees are not permitted to work from home or perform any other function in connection with their jobs while on continuous FMLA leave. However, employees on continuous FMLA may be contacted by management to answer general informational questions only.20

16 Amended in 2013 but omitted from the final policy document circulated 17 Make-up time is authorized at supervisor’s discretion provided that supervisor is present 18 Added 9/3/2015

19 Additional information found in “FMLA Information for District Clerk Employees” 20 “Fielding occasional calls about one's job while on leave is a professional courtesy that does not abrogate or interfere with the exercise of an employee's FMLA rights. When limited to the scope of passing on institutional knowledge to new staff, or providing closure on completed assignments, employers do not violate the FMLA by making such calls.” See Kesler v. Barris, Sott, Denn & Driker, PLLC, 482 F.Supp.2d 886


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g. Supervisors are encouraged to contact District Clerk Administration prior to contacting an employee on continuous FMLA leave.


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District Clerk’s Time & Attendance Policy Questions and Answers

Q. What is the definition of an unscheduled absence? A. An unscheduled absence is defined as an absence from work without prior approval from the

supervisor. Q. How is tardy defined under this policy? A. An employee is considered tardy when he/she is late for the beginning of a scheduled shift, or

leaves a scheduled shift early without prior approval from the supervisor. Q. What is a qualifying absence? A. An absence that is not pre-scheduled vacation leave, holiday leave, bereavement leave, jury

duty, military leave, LOA and any absence covered under an employee’s FMLA leave certification.

Q. What constitutes excessive tardiness? A. Excessive tardiness occurs when a full time employee is tardy more than six (6) times (more

than three (3) for part time employees) during a rolling 90-day period. Q. If I am unable to report to work at my scheduled shift time, what should I do? A. An employee should contact the designated person(s) for their section prior to the start of the

shift according to the procedure established by his or her supervisor. Q. What must a supervisor do after a tardy has occurred? A. At the supervisor’s discretion, an employee who is tardy should be asked to submit an

Employee Tardy Statement for each occurrence with the original retained by the supervisor; otherwise a notation must be made in Kronos. Employees on disciplinary review for tardies should always be asked to submit an Employee Tardy Statement for every occurrence.

Q. What happens if an employee is tardy six (6) times in a rolling 90 day period? A. An employee who is tardy six (6) times in a rolling ninety (90) day period may be subject to

corrective action in accordance with the District Clerk’s Time & Attendance policy. Q. If I make a request to take time off and that request is denied but I take the time off anyway,

can I be subject to corrective action? A. Yes. Employees are expected to work their scheduled shifts. If an employee is not approved

for leave but takes the time anyway, that employee may be subject to corrective action. Q. What constitutes excessive absenteeism? A. Excessive absenteeism occurs when an employee accumulates 48 or more hours (six days) of

qualifying absences in a 12-month period and one of four “factors” are present as described in the District Clerk’s Time & Attendance policy.

Q. What are the four factors used to determine whether an employee’s absences are excessive? A.


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1. The absences are frequently unplanned and/or indicate a pattern. 2. Other employees must frequently perform the tasks of the absent employee. 3. Office productivity and the quality of services offered is negatively impacted. 4. The employee's absentee rate is so high the employee's services are of little or no value to

the department.

Q. Is it necessary to call my supervisor or designated person each day to report my absence from work?

A. Yes. An employee who is out for more than one day should call in each day that he or she is unable to report to work according to the supervisor’s procedure unless otherwise notified by the supervisor.

Q. Can an employee’s family member report an absence from work? A. No, unless permitted by the supervisor or the employee is physically incapacitated and cannot

report the absence personally. Q. If I provide my supervisor with a doctor’s note, is my absence from work considered a

scheduled or excused absence? A. No. A doctor’s note does not excuse the absence. Any qualifying absence that doesn’t have

prior approval is considered an unscheduled absence. However, a doctor’s note may be used to determine whether an employee’s absences are “excessive” based on the factors.

Q. Is pre-scheduled sick leave counted toward the 48 hour threshold? A. No, these six days do not include time taken off for planned and/or prescheduled

appointments. Q. Is vacation leave counted toward the 48 hour threshold? A. Absences taken for pre-scheduled vacation leave are not counted toward the 48 hour

threshold. Where vacation leave pay has been authorized by the supervisor for use with unplanned or unscheduled absences, then those absences do count toward the 48 hours.

Q. Are my absences due to my serious medical condition covered under my FMLA leave benefit

counted toward the 48 hour threshold? A. No. Q. If I am absent from work for 2 or more consecutive days for the same illness, will all the

hours missed be counted toward the 48 hour threshold? A. Yes. Once 48 hours of qualifying absences have been reached, the supervisor will review the

employee’s T&A to determine whether those absences are “excessive” based on the presence of one or more of the four factors.

Q. How does the corrective action process begin for cases of excessive absences or tardiness? A. Supervisors should provide employees with verbal coaching before beginning the formal

written corrective action process. Q. Can tardiness and absences be combined under this policy to issue Corrective Action? A. Yes. Excessive absences and tardies may be combined after the employee has been verbally

counseled for either his/her first excessive attendance violation or his/her first excessive tardiness violation. After that employees may be subjected to corrective action.


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Q. If I have an unexcused absence immediately following a vacation or holiday, can I receive

correction action? A. Yes. Employees who wish to extend their holiday time or vacation must request that in

advance. Corrective action may be taken when an unscheduled absence occurs immediately before or after a paid holiday or vacation leave, or the employee may be required to substantiate the absence (ie.: doctor’s note, etc…) prior to being authorized to take paid leave.


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DISTRICT CLERK EXEMPT EMPLOYEES POLICY1

I. POLICY of DIVISION:

(Refer to Sec. 82-131: Policy of division) Exempt employees are not subject to overtime/compensatory time off provisions of the Fair Labor Standards Act. Exempt employees are expected to work the required number of hours in order to perform their job assignments, even if that requirement exceeds 40 hours per week.

II. WORK SCHEDULES: (Refer to Sec. 82-132:Work schedule) Exempt employees shall report all hours worked and adhere to an established work schedule approved by the elected official/department head. Exempt employees' work schedules shall average a minimum of 40 hours per week, including use of accrued leave time. All time worked shall be recorded in the official time and attendance system. (Refer to Sec. 82-134: Scheduled time off:) Periodically, elected officials/department heads may grant administrative time off for exempt employees. Such time off must be approved by the elected official/department head. In order to approve such leave, the elected official/department head must ensure the exempt employee's most current 12-month average weekly work schedule exceeds 40 hours. For exempt employees whose tenure is less than 12 months, their average weekly hours worked shall be determined by the average hours worked over the number of weeks worked for the county. If this criterion is met, the elected official/department head may, at his/her discretion, approve the time off. Under no circumstances will this time be granted on an hour-for-hour basis and the total amount of time granted shall not exceed 15 work days in a 12-month period except by formal approval by the commissioners court. Any exempt employee who is not approved for administrative time off by the elected official/department head shall have the appropriate accrued leave balances docked. If appropriate leave is unavailable, the employee's salary shall be docked. Elected official/department heads should carefully monitor the amount of administrative leave time granted to each exempt employee to ensure against abuse and the leave is being granted fairly. The

1 Exempt Policy was added on July 24, 2017 pursuant to Dallas County Code Division 3 Sec. 82-131 to Sec. 82-175


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county auditor's office will periodically audit administrative time off usage and submit a report to county departments and/or commissioners court.

III. TIME AND ATTENDANCE ENTRY: The purpose of this article is to provide time and attendance reporting procedures for all county employees. All county employees are required to record their daily attendance. The county time and attendance tracking system includes three time entry methods: time clocks, on-line entry and time sheets. Employees shall use the time entry method designated by their elected official or department head.

A. Exempt employees responsibilities (Refer to Sec. 82-173: Exempt employees responsibilities:) Exempt employees are expected to record the start and end of their workday on the time and attendance system in accordance with departmental policy. B. Supervisory Responsibilities:

(Refer to Sec. 82-175. Supervisory responsibilities :) A. Supervisory responsibilities fall to the elected official, department head or

their designee. B. Supervisors are responsible for informing their employees about which time

entry method (time clocks, on-line entry or time sheets) they shall use to record their time and attendance. Supervisors shall educate their employees about how to use the time entry method they are assigned and about the time and attendance policies for their department.

C. Supervisors are responsible for ensuring employee time records are accurate and that no abuses occur. Only supervisors have the authority to correct employee time record errors or omissions.

D. Supervisors are responsible for recording employee vacation and sick time and for entering time for employees who are working outside their department work area.

E. Supervisors are responsible for checking daily start times, meal periods, end times, vacation time, sick time, compensatory time and overtime to ensure employees are in compliance with their shift work schedule and the county's overtime policies. Supervisors are responsible for promptly documenting actions warranting discipline

F. Exempt employees are responsible for getting approval from District Clerk Administration in order to utilize the pay rule EXEMPT in Kronos.


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DISTRICT CLERK LEAVE POLICY NON-EXEMPT EMPLOYEES1


The district clerk’s office primary objective is to provide a high quality, timely public services to the citizens and taxpayers of Dallas County. In order to do this staff must be refreshed, healthy and energized for work. This policy establishes a framework to ensure that employees are provided sufficient leave to accommodate those ends consistent with Dallas County Policy.


In regard to paid leave, employees are expected to:

1. Accrue sufficient sick time to ensure their pay and benefits are covered in the event of

catastrophic illness or injury. 2. Ensure they are physically, mentally and spiritually recharged by taking vacation leave to

enjoy leisure time and connect with family and friends. 3. Receive regular preventative care from their health care provider to ensure their good

health and well-being. 4. Use their leave appropriately to attend to ensure a well-rounded family life, educational

needs are met, and comfort during periods of bereavement.

III. SICK LEAVE Paid sick leave is provided to continue the salary of eligible employees who are absent from work because of illness, injury, disability, or medical appointments. Eligible employees may use sick leave for illness of, injury to, or need to obtain medical or dental consultation for the employee and/or other eligible family members. Employees are encouraged to conserve sick leave usage in the event of long-term or catastrophic illness.

A. Procedures for notification of unscheduled sick leave use2

(Refer to Sec. 82-492: Notification of absence sick leave)

Each supervisor and manager will provide their reports in writing3 with their own procedures for notification of absence. The District Clerk requires at a minimum the following information to be given to the supervisor in order to substantiate a sick leave request: 1. Call in at least 30 minutes prior to scheduled start time

1 Exempt employees are subject to different standards 2 Italicized added 8/19/2015 3 Added January 2016 pursuant to DCC 82-492(a)


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2. Report if the sick leave requested is for self or eligible family member4

3. Amount of time requested: for example, will the employee be out all day or only for

a few hours.

Notes:

a) Supervisor approval for use of sick leave does not excuse the absence from the calculation of absences pursuant to5 the excessive absences policy.

b) Employees with FMLA certification must also adhere to the Procedures for

notification of unscheduled sick leave use above and those required by supervisor.

B. Other uses of sick time6

(Refer to Sec. 82-493, 82-494; Utilization of sick leave)

1. Pre-scheduled appointments with health care providers with three (3) days’ notice unless such notice is not feasible. Notice to be given according to the procedures established by supervisor or manager.7

2. Bereavement leave following death of eligible family member (other relation or

friend uses vacation time)8.

3. Assistance with the care of eligible family members including transportation. C. Employee request to substitute other paid leave when sick leave accrual is depleted

(Refer to Sec. 82-499), Abuse of Sick Leave) If an employee depletes his or her sick leave accruals and is not on FMLA leave, the employee will not be authorized to use any other paid leave unless given approval from his or her immediate supervisor. In order to request authorization from supervisor to use other paid leave, employees must provide the following information to supervisor prior to the last day of the pay period in which the employee is requesting to use other paid leave:

a. Amount of time requested

b. Type of paid leave requested (Vacation or Compensatory/County9 Time)

c. Reason why sick leave accrual has been depleted.

The supervisor will review the employee’s time and attendance record to determine if granting the request is warranted.10

4 “Eligible Family members” defined in Section 82-493(2) of the county code 5 Italicized amended to eliminate singular reference to calculation of ‘sick leave’ 6 Section B added 8/19/2015 7 Makes consistent with the standard for notification of a request for vacation leave 8 Clarifies confusion over leave type: eligible family members sick leave, non-eligible vacation leave 9 “County Time” added 8/19/2015 10 Amended 8/19/2015 removing the inappropriately placed “Factors to Consider” section


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IV. VACATION LEAVE11

Vacation leave provides periodic leave to ensure employees are energized and motivated to perform their job duties at an optimal level. While the main purpose of vacation leave is for rest and relaxation, the leave may also be used for personal business or obligations that promote work/life balance.

Standards for Requesting Vacation Leave (Refer to Sec. 82-502: Scheduling and Usage of Vacation Leave) 1. Request for vacation leave must be submitted in writing12 to the employee’s supervisor at

least three (3) days in advance of its use unless the advance notice is not feasible or is waived by the supervisor.13

2. Employees may not request vacation leave if they do not have accrued time available on the date the request is submitted, unless requesting Leave of Absence (LOA). Any request for LOA must be approved by District Clerk Administration prior to authorization. 14

3. Should an employee deplete leave accruals prior to the requested time off, the request

may be rescinded by the supervisor.

4. Notwithstanding the depletion of accrued sick time described in Section III(C) above, unscheduled vacation leave may not be used in place of sick leave unless the employee previously requested the time off as vacation leave15.

V. COMPENSATORY AND COUNTY TIME LEAVE16

Non-exempt employees of government and public agencies may receive compensatory time for work performed over 40 hours a week17. The accumulation and use of compensatory time must be pre-approved by the supervisor or manager and may be used in lieu of vacation or sick time. Employees are not permitted to accumulate substantial compensatory time accruals and may be required to use it on the instruction of supervisor or manager. Employees may also accumulate “county time” for short overages accumulated before or after the work day in order to complete critical tasks. County time may be used in the same way as compensatory time to augment vacation and sick leave, or for other purposes as requested by the employee and approved by supervisor or manager.

VI. LUNCH & BREAKS

11 Removes references to accrual rates and other standards otherwise indicated in County Code 12 Italicized added 8/19/2015 13 Clarifies that the 3 days notice rule may be at the supervisor’s discretion to accommodate a reasonable employee request for leave, Jan 2016 per discussion with Janice Body, Dallas County H.R. 14 LOA requires approval of the Elected Official and must follow the procedures in the county code 15 Added 8/19/2015 pursuant to county code 16 Section III added 8/19/2015 to clarify existing practice 17 Fair Labor Standards Act Section 3(s)(1)(C)


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Administration is committed to ensuring that all employees are sufficiently “re-charged” during the day to perform their duties effectively. The lunch and break policy of the district clerk’s office differs somewhat from the policy outlined in the Dallas County code. A. The Dallas County Lunch Period and Rest Breaks

(Refer Section 82-32 Work hours scheduling) 1. Under the county code, non-exempt employees are entitled to the following:

a.) 30 minute unpaid lunch period; b.) One (1) 10 minute paid rest break for every 4 hours worked.

2. Non-exempt employees are completely relieved of all duties during the unpaid

lunch period and are required to leave their work-station.

3. Non-exempt employees typically should not be interrupted during the two 10 minute rest breaks.

B. The District Clerk’s Lunch Period18

1. The District Clerk has authorized, subject to business necessity, that non-exempt employees may take a lunch break consisting of the 30 minute unpaid break and the combination of the 2 paid rest breaks of 10 minutes each.19

2. Non-exempt employees are required to leave their workspace and not perform any duties for the duration of their lunch breaks.20

3. A non-exempt employee recalled by the supervisor at any time during the lunch break must be paid for the break. Supervisors should always avoid recalling employees during their lunch break by ensuring adequate staff coverage of the operations under their supervision.

4. Non-exempt employees are required to take their 30 minute unpaid lunch

break unless they have received authorization from their supervisor not to. They are not required to combine their two 10 minute paid breaks.

5. Non-exempt employees must ‘punch-out’ if leaving the premises for their

lunch break. C. Additional Standards for Breaks and Lunch

18 Added by district clerk July 2015 19 This is the historic practice of the District Clerk 20 This is a requirement of the Fair Labor Standards Act (FSLA). Non-exempt employees must not be permitted to eat at their desks.


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1. Employees must be present at their workstation at expiration of the lunch

period or may be considered tardy.

2. With the exception of employee health services, employees who visit other Dallas County departments, including Dallas County Human Resources, to transact personal business or handle employment related matters may use their lunch or other breaks to do so; otherwise they must request time off.

D. Smoking Breaks21

Employees are permitted to take their two (2) 10-minute rest breaks to smoke. The District Clerk encourages all smokers to utilize the resources offered by Dallas County to quit smoking. Employees are required to move off county premises to smoke making it difficult to facilitate smoking within the 10 minute rest break. Employees who abuse rest breaks in order to smoke will be subject to disciplinary action.

E. Functions22

Employees must submit a written request to Administration and their manager and/or supervisor for approval to close during business hours for all functions including, retirement parties, training, meetings, team building activities, breakfast, etc.

21 Modified 8/31/15 to reflect change in lunch break policy 22 Added by the District Clerk on July 24, 2017


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DISTRICT CLERK CELL PHONE PERSONAL PHONE CALLS

STATEMENT & POLICY The District Clerk understands the importance of having your cell phone on during working hours in case of an emergency with your spouse, children, or other family members; however, in order to maintain a professional demeanor in the office area, the following policy must be followed: CELLULAR PHONE USAGE:

1. All cell phones must be kept in your desk or purse so that you may hear it if it rings. They are not to be displayed in working areas.

2. You are not to carry your cell phone with you when running errands within the

Courthouse, nor use them while on the clock unless you are on your lunch break. If you are leaving the Courthouse on an errand or for lunch, please take your cell phone with you so that you do not miss an emergency call from a family member.

3. If you receive an emergency call on your cell phone during work hours, please excuse

yourself in the hallway or break room and take the call. If you are assisting a customer at the time, please finish the transaction with the customer prior to taking the phone call.

4. Texting from your cell phone is considered a personal phone call. Should you receive

a text during work hours, treat it as you would a phone call. If you are with a customer, finish the transaction prior to responding to the text. Habitual texting will be treated as would too many personal phone calls.

5. No headsets or Bluetooths are to be worn in the Courthouse during work hours by

District Clerk Employees, including Court Trainers, Managers and Supervisors.

6. Managers, Supervisors and Court Trainers all allowed to carry their cell phones and use them during work hours but should limit their use to emergencies or critical need.

PERSONAL PHONE CALLS:

1. Please limit personal phone calls during work hours to three minutes. 2. Personal phone calls include those calls that come to your desk or your cell phone.


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3. Please remember cell phones are to be used for emergency purposes only. Examples

of emergencies include return calls from physicians, your child checking in after school, or a life or death situation, etc.


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DISTRICT CLERK CORRECTIVE ACTION POLICY1


To ensure that all employees, exempt and non-exempt, are treated fairly when resolving deficiencies in conduct, performance or work product; and that the process for doing so is transparent, and that sufficient opportunity is given to correct such deficiencies except when those deficiencies result in significant loss or liability for Dallas County or criminal conduct.


Section 1 Management will use the Corrective Action Model found in Article VII, Sections 86-971 to 86-978 in the Dallas County code to implement this policy. Employees of the District Clerk’s office are required to be familiar with the Model and affirm in writing that they understand its contents. Section 2 Probationary employees are not subject to the Corrective Action Model and may be terminated at any time during the probationary period. Section 3 The application of the Corrective Action Model is based on the unique circumstances that gave rise to the corrective action. There is no expressed or implied requirement that each level of corrective action be taken sequentially. Pursuant to Sec. 86-976, management may determine based on the severity of the deficiency or offense and the prior history of the employee to skip or bypass any level with good cause. Section 4 Excessive absences and excessive tardies are considered manifestations of a single Time and Attendance deficiency.

1 Formerly known as “District Clerk’s Disciplinary Policy”, the Corrective Action Policy completely replaces it as the disciplinary policy became obsolete after the implementation of the Corrective Action Model by the Dallas county Commissioners Court in July 2011.


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Section 5 Employees subject to corrective action in connection with issues of productivity, quality work product or performance will be given a Performance Improvement (or “Action”) Plan with a defined period and specific goals. Section 6 Prior to issuing a Statement of Corrective Action, supervisors or managers should first provide the subject employee with a “Statement of Concerns” or other such statement detailing the nature of the deficiencies and providing the employee with 24-hours to respond. The employee’s response should be carefully reviewed prior to issuing the SOCA. Section 7 The Record of Counseling is not disciplinary and therefore does not need to be submitted to District Clerk Administration prior to issuing. However, no supervisor or manager may issue a Statement of Corrective Action without the approval of District Clerk Administration.


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DISTRICT CLERK EMPLOYEE CONDUCT AND DRESS CODE POLICY

It is management's intent that work attire should reflect an efficient, orderly, and professionally operated organization. As officers of the court, your apparel and deportment should emphasize professionalism, dedication and pride.

Conduct and Deportment1

Good personal hygiene and inoffensive personal habits are very important to a harmonious working environment. Body cleanliness, especially of the hands and fingernails, is required. Smacking gum and chewing tobacco, also known as “dipping”, is distracting to your co-workers, unpleasant for customers and reflects poorly on the office. Those should be avoided while on the job. Employees should refrain from the excessive use of perfumes and colognes, and avoid smoking as it is often accompanied by unpleasant odors and discolored hands and fingers.2

As

deputy’s we serve the public, therefore facial piercings should not be visible unless it is due to religious beliefs.3 Tattoos should be covered at all times.4 The district clerk’s office is a public office and we serve men and women from all walks of life. Therefore it is important to avoid the use of profanity or make remarks that may be offensive to others with social or religious backgrounds different from yours.

Dress Code

This policy is intended to assist you in determining what is appropriate to wear to work.

Acceptable, Professional Business Attire, Monday thru Thursday

No dress code can cover all situations so management is counting on you to exercise good judgment. If in doubt whether something is acceptable or not, please ask your supervisor, manager, or the Human Resource Manager.

All managers & supervisors are expected to err toward formal business attire when representing the district clerk’s office at business meetings, events, tours or when visiting with members of the commissioners court.5

WOMEN Suits

1 Sections referring specifically to conduct issues separated from the dress code, Feb. 2016. 2 Added February 2016 secondary to specific incidents. 3 Exclusion of facial piercings added September 2017. 4 Reference regarding tattoos added September 2017. 5 Employees are not to fall beneath the prevailing standard of deportment at any external meeting.


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Dresses (hem length no shorter than two inches above the knee)

Dress Slacks and/or Pants

Skirts (hem length no shorter than two inches above the knee)

Dress shoes or sandals

Capri pants/Gauchos (must be at least mid-calf in length and worn with suit Jacket)

Denim Skirts are acceptable if paired with a suitable business jacket, blouse or sweater. Denim Dresses are acceptable if paired with a suitable business jacket, blouse or sweater

Maxi skirts6

Polo shirts with D.C. insignia 7

MEN

Dress Slacks or Chinos Dress shirt8

Dress shoes, boots or loafers9

Cardigans Polo shirts with D.C. insignia

6 Added August 2017 7 Requirement that shirts be purchased through Administration removed February 2016. 8 Reference to the wearing of a tie removed February 2016. 9 Prohibition on not wearing socks removed February 2016.


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Casual Day Attire10

Because all casual clothing is not suitable for the office, these guidelines will help you determine what is appropriate to wear to work on designated casual days. Clothing that works well for the beach, yard work, dance clubs, exercise sessions, and sports contests may not be appropriate for a professional, casual appearance at work. Casual does not mean "sloppy."

ACCEPTABLE

Neat Jeans (“neat” does not include „distressed‟ or patched)11 Blouses Polo Shirts with collars Collarless shirts with buttons Capri pants/Gauchos do not require a suit jacket

UNACCEPTABLE12

Clothing that reveals too much cleavage, your back, your chest, your stomach or hip area, or your underwear is not appropriate for a place of business and is unacceptable in the District Clerk's Office. In our work environment, clothing should be pressed and never wrinkled. Torn, dirty or frayed clothing is unacceptable. Any clothing that has words, terms, or pictures that may be offensive to other employees or to the public is unacceptable. Specific examples of unacceptable “casual” wear includes but is not limited to:

1. Screen printed T-shirts (ex: college football t-shirts) 2. Exposed undergarments 3. Extremely tight fitting clothes on any body part 4. Underwear worn as Outerwear 5. Clam diggers (pants that come just below the knee) 6. Warm-ups or Jogging Suits 7. Ripped jeans and "distressed clothes" 8. Sweatshirts, including Hoodies unless permitted by supervisor due to HVAC issues 9. Baseball caps 10. Skirts shorter than 4 inches above the knee 11. Shorts13 12. Flip Flops 13. Off-the-shoulder tops, Halter tops, tube tops or tops with spaghetti straps 14. Crocs 15. No headgear or head scarves of any kind unless worn for bona-fide religious reasons. 16. No bandanas. 17. Army fatigues

10 “Casual day” is every Friday of the work week and any other day(s) designated by the District Clerk. 11 Requirement that district clerk managers & supervisors contribute $5 to Benevolence struck February 2016. 12 Unless approved by the District Clerk of Chief Deputy 13 Added September 2017


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18. Tights. Spandex, Lycra or Leggings worn as pants 19. Maxi dresses14 20. Rompers15 21. Skorts16

Violations of the Conduct and Dress Code Policy:

Supervisors and Managers are charged with the responsibility of working together to keep the dress code enforced throughout the department. These are MINIMUM standards. Managers may impose additional standards in their divisions. Managers may exempt employees from these standards for safety or efficiency reasons.

Violations of the Appearance and Dress Code policies are handled according to the District Clerk’s corrective action model found in the Employee Handbook.17

If an employee is sent

home to change due to an appearance or dress code violation, the time will not be paid.

14 Added on July 24, 2017 15 Added August 2017 16 Added August 2017 17 February 2016 removed extensive special disciplinary action procedure for dress code violations.


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NON-DISCRIMINATION & “BULLYING” POLICY


To provide an atmosphere of equality of opportunity and respect for all applicants to and employees of the District Clerk’s office in all phases of personnel activities including recruitment hiring job assignment supervision training upgrading transfers compensation benefits educational opportunities and recreational activities.


Section 1 – Non-discrimination The District Clerk prohibits discrimination1 according to:

race creed color national origin gender transgendered age disability political affiliation sexual orientation Section 2 - Bullying2 The District Clerk’s office seeks to promote a healthy workplace culture where all employees are able to work in an environment free of bullying behavior The District Clerk encourages all employees to report any instance of bullying including persistent, malicious, unwelcome, severe and pervasive mistreatment that can reasonably be expected to harm, intimidate, offend, degrade or humiliate an employee, whether verbal, physical or otherwise, at the place of work and/or in the course of employment.3

1 except where gender or disability may be a bona fide occupational qualification and except where state or federal law may place

minimum or maximum age limitations on employees. 2 Added January 2016 3 American Bar Association, National Conference on Equal Employment Opportunity, March 2012


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DALLAS COUNTY DISTRICT CLERK1 POLICY ON OUTSTANDING WARRANTS AND PUBLIC DEBTS


To ensure each deputy district clerk conforms to the reasonable expectations of an “officer of the court” pursuant to their ‘Oath of Office.


Section 1 – Officer of the Court An Officer of the Court is any person who has an obligation to promote justice and effective operation of the judicial system, including judges, the attorneys who appear in court, bailiffs, clerks and other personnel. Section 2 – Outstanding Warrants, Public Debts and “Dallas County Most Wanted” Deputy clerks have a special obligation to refrain from committing legal infractions or criminal acts, or associating with persons who do. Employees with outstanding warrants for their arrest in Dallas County or any other jurisdiction are required to resolve them immediately. This includes warrants issued in connection with unpaid tickets and tollway violations. Employees will be given no more than five (5) business days to resolve their outstanding warrants after brought to their attention by management. The failure to resolve those warrants will result in suspension and termination. Deputy clerks are not permitted to maintain substantial arrears in the payment of any public debt. The office of the District Clerk is a collector of public debts. Employees in arrears of paying public debts undermine the public’s confidence in the ability of the office to fairly and impartially collect funds owed to the county; and the importance of making such payments. Dallas County maintains “Dallas County Most Wanted” online website on behalf of all the governmental sub-divisions in the county. The website lists those residents having substantial arrears in the payment of monies owed to those subdivisions. It is the policy of the District Clerk to suspend employees without pay who appear on the list proof of satisfactory resolution of the issue is not made within five (5) business

1 Formerly known as Outstanding Warrants/Public Debts


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days after brought to their attention by management. Section 3 – Promotion, Reassignment or Transfer Pursuant to Dallas County Code Sec. 86-95(h), employees with pending criminal charges or warrants are not eligible for a promotion, transfer or reassignment until such charges and warrants are finally resolved. Entering into a “payment plan” does not constitute final resolution of the matter.


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DALLAS COUNTY DISTRICT CLERK’S OFFICE ETHICS POLICY I. OVERVIEW This policy prescribes the standards of ethical conduct for all deputies of the District Clerk. It does not supersede any applicable federal or state law or administrative rules. All deputies must familiarize themselves with this policy. All deputies must abide by applicable federal and state laws, administrative rules, and Dallas County employee conduct policies, including this ethics policy. An employee who violates any provision of this or any other employee conduct policy is subject to disciplinary action up to and including termination. An employee who violates any applicable federal or state law or rule may be subject to civil or criminal penalties in addition to any disciplinary action. II. STANDARDS OF CONDUCT An employee shall not:

1. engage in any activity that would create a conflict of interest or even the appearance of a conflict.

2. purchase equipment or any other property owned or formerly owned by the District Clerk or Dallas County except if the property is sold at auction by Dallas County such as the Sheriff’s first Tuesday property sale.

3. make a personal investment in any enterprise that would create a substantial conflict between the deputy’s

private interest and public duties.

4. transact any District Clerk business with any business entity in which the employee is an officer, agent, member, or owner of a controlling interest.

5. engage in outside business or professional activities or accept employment in private enterprises if the

activities:

interfere with the deputy’s working hours or efficiency; create a conflict between the deputy’s private interests and public duties; use or appear to use information obtained in connection with the deputy’s official duties; or could be expected to impair the deputy’s independence of judgment in the performance of the

deputy’s duties.

6. accept or agree to accept door prizes, gifts, cash gifts, benefits, or favors for the employee or others from any person, company, organization, or other entity that:

could influence or reasonably appear to influence the employee in performing the deputy’s duties; does any kind of business with the District Clerk; could reasonably be expected to do business with the District Clerk in the future; are involved in the procurement process if the gift, benefit, or favor is offered by anyone who

could reasonably be expected to have an interest in or benefit from the resulting contract. Exceptions to this policy must have the prior approval of the District Clerk.


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However, deputies not involved in the procurement process may:

accept ordinary working meals; accept token items distributed generally as a normal means of advertising if the total estimated

value of the gift is less than $25; partake of food and drink in conjunction with a District Clerk or Dallas County-approved event

sponsored by a non-county entity.

7. have any monetary interest, whether direct or indirect, in any contract or subcontract in connection with a District Clerk county project.

8. copyright or patent any work the deputy produces or develops as part of his or her employment with the

District Clerk or Dallas County when the work is related to a District Clerk or Dallas County goal, project, or concern.

9. disclose confidential or sensitive District Clerk or Dallas County business information or any information

connected with a court proceeding without authorization.

10. use either the deputy’s status, badge or other Dallas County issued item to obtain any benefit, including financial gain or a privilege, or to avoid the consequences of an illegal act.

11. use District Clerk or Dallas County resources, including work time, for other than official District Clerk or

Dallas County business. Exceptions to this policy may be granted by the District Clerk.

12. knowingly make false or misleading statements, oral or written, in the course of official District Clerk or Dallas County business.

13. engage in any political activity, with the exception of voting, while on Dallas County time or use Dallas

County resources for any political activity. All deputies shall:

1. perform their official duties in a lawful, professional, and ethical manner;

2. practice responsible stewardship of District Clerk or Dallas County resources; and

3. report to the appropriate authority any conduct or activity that they believe to be in violation of this ethics policy.

III. DEFINITIONS Ordinary: Provided on an occasional basis, reciprocated to the extent practical, and not lavish or extravagant. Working meal: Breakfast, lunch, or supper consumed while conducting the District Clerk or Dallas County's official business. This includes a meal at a banquet or a conference attended as a District Clerk or Dallas County employee on official District Clerk or Dallas County business. A working meal does not include alcohol. Procurement process: The process of preparing, advertising, and awarding a contract, beginning with drafting the specifications or request for proposals and ending with the final award of the contract.


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DISTRICT CLERK CONFLICT OF INTEREST POLICY1

This policy is to preserve the integrity, efficiency, and nonpartisanship of the District Clerk employees and to maintain the highest level of public trust in the District Clerk’s Office.

1. An employee of the Dallas County Clerk’s Office must seek and obtain

authorization from the elected official prior to becoming a candidate for any partisan elected positions (any election that has a primary) to avoid, among other things, conflicts of interest, abuse of office, etc. “Candidate” has the same meaning as in Section 251.00(1) of the Texas Election Code.

2. The elected official may require the employee to resign his/her employment or

take a leave-of-absence for the duration of the campaign if the elected official deems that the employee’s candidacy is: inconsistent with or interferes with the interest of the department or, its operations, creates a disturbance or conflict, creates an appearance of impropriety, causes abuse of office (including using position to promote candidacy), or interferes with the employee’s ability to discharge his/her duties.

3. The employee may not conduct campaign activities during official business hours unless the employee has requested and received permission to use leave time for such purpose. The employee shall not use any District Clerk or County resources for campaign purposes.

4. The elected official may review the actions of sworn deputies who engage in

political activity that may create a conflict of interest with their public function, if the deputy is involved in policymaking or is a confidential employee. The deputy will be required to provide a written notice of their intent. The deputy may be required to take a leave of absence or resign if it is determined that a conflict exists.

1 Added August 2017


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FAMILY AND MEDICAL LEAVE ACT

The Family and Medical Leave Act (FMLA) entitles you to unpaid, job-protected leave if you are unable to work because of your own serious health condition, or because you need to care for your parent, spouse, or child with a serious health condition. Leave may be taken all at once, or may be taken intermittently as the medical condition requires.

Permanent, full and part time employees of the District Clerk’s office are eligible for leave under the FMLA if they have worked for Dallas County for at least twelve (12) months in the last seven (7) years1; and worked at least 1,250 hours for Dallas County in the twelve months prior to taking leave. Employment periods before a separation that is older than 7 years will not count towards eligibility unless the break in service is due to fulfillment of the employee’s Uniformed Services Employment and Reemployment Rights Act (“USERRA”) service obligations.2

If you are approved for FMLA leave, you can take up to 12 weeks (480 hours) of FMLA leave in a 12 month period. If you are approved for FMLA leave to care for a covered service member following military deployments, you can take up to 26 weeks of FMLA leave in a 12 month period.

For deputies who wish to consider taking FMLA leave, the district clerk makes available extensive information about your entitlements under FMLA and what you need to know in order to make a leave request. You will find that information including all the forms you will need on the website under “FOR DISTRICT CLERK EMPLOYEES” at this link:

http://www.dallascounty.org/department/districtclerk/fmla_info.html

It is your responsibility to review the material prior to submitting your request. Please pay close attention to the Department of Labor’s “Employee Guide to FMLA” which will assist you in determining your eligibility. Also be aware of the submission guidelines to protect your privacy and the information specific to how the district clerk’s office handles requests.

Deputies are encouraged to the extent possible to communicate all information electronically to save time and protect the privacy of your information. Completed forms and other documents and requests for information should be addressed to:

[email protected]

1 Clarification added August 2017 from the Dallas County Code Sec. 82-605 2 Added August 2017 from the Dallas County Code Sec. 82-605


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ENSURING THE PRIVACY OF YOUR FMLA INFORMATION

Your Family Medical Leave Act (FMLA) paperwork is considered part of your confidential employment record. Only designated staff have access to those records and then only for business reasons approved by the District Clerk. That includes designated persons in Dallas County Human Resources and the County Auditor’s office; the executive staff of the district clerk’s office; the managers of your section; and your supervisor.

We do our best to ensure your privacy, but we count on you to take positive action to ensure the security of your records. Please assist us in those efforts by observing the following procedures and practices:

a) You may email* your completed and signed paperwork directly to the district clerk’s H.R. coordinator at [email protected]. When it is received, you will be sent a confirmation. If you do not receive a confirmation, please contact district clerk administration at 214-653-62253 or 214-653-7301.

b) You may also submit your paperwork in paper form to your supervisor or manager, or to district clerk administration on the first floor of GACB. Do not use inter-office mail to submit your paperwork to administration.

c) Most health care providers will send the Certification of Health Care Provider directly to the employer. Please instruct your provider not to fax the document to this office. All department fax machines are enterprise units which are not secure. Please instruct the provider to scan and email the document directly to [email protected]. The provider should indicate “confidential medical information” in the email’s subject line.

d) If your health care provider gives you the completed Certification of Health Care Provider, you may scan that and email* it to [email protected]. You may also give that to your supervisor or submit it directly to district clerk administration. Do not use inter-office mail.**

e) Your health care provider should not attach copies of your medical records in the provider’s files to the Certification of Health Care Provider. A fully complete and sufficiently detailed Certification of Health Care Provider will contain all the information needed to determine your FMLA eligibility. If the information submitted is incomplete, administration will notify you of the deficiency. If further clarification is needed from the provider, a representative of Dallas County H.R. will contact your provider directly.

* Scanned documents must meet the ordinary standards of scanned court records. ** Both U.S. postal service mail and Inter-office mail may be handled and opened by multiple county

or district clerk staff prior to delivery and is therefore not secure.

3 Updated number August 2017 to reflect most recent contact information


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APPENDIX A

Dallas County Computer User Access Policy Guidelines

These Policy Guidelines govern the use of computers and related communication devices operated by Dallas County user for connection to the Dallas County network. The purpose of these guidelines are to help maximize the effective use of the County computer system and to permit freedom of use consistent with Federal and State laws, Dallas County policy and a productive working environment.

Dallas County users who have access and use County computer systems shall follow this list of Policy Guidelines, which highlights the policies and procedures in sections I – VIII as to the use, security and maintenance of computer system.

1. User shall utilize and access the computer system for the purpose of user’s job requirements.

2. User shall not install any software, hardware, or applications for any purpose, on any County computer, network, or resource without the approval of the County Office of Information Technology.

3. User shall not utilize the internet in such a way that is not interfere with user’s job performance

4. User shall not use County computer system to send electronic information for any unauthorized or inappropriate, or malicious purpose;

5. User shall not connect any other electronic, computer or network device to the Dallas County computer system other than those approved by the Office of Information Technology.

6. User shall report any inappropriate or misuse of Dallas County computer system to user’s supervisors or the Office of Information Technology.

7. User shall not share user’s password(s) with anyone unless it has been approved by user’s supervisor or solely for the purpose of completing a necessary task in a severity 1 situation.

8. If a user suspects user’s computer or workstation may be infected by any malicious or unauthorized code, especially a virus, shall notify the Dallas County Service Desk immediately;

9. User shall log off workstation before leaving the office each day;

10. User shall not attempt to repair or reinstall any components, application, or software on the computer system;

11. User is responsible for storing or archiving electronic information and other important documents in case of computer or desktop failures; 12. A County laptop or computer may be used off site to conduct County businesses. User shall adopt reasonable security precautions to protect the laptop or computer and County data, and promptly return the County resource upon cessation of business demand for such resources off-site. When traveling by borrowed or hired vehicle, plane or ship always carry the laptop with user; and NEVER leave the laptop in the trunk of the hired vehicle or check-in a laptop as baggage. When traveling in user’s vehicle, user should place laptop in the trunk of user’s car or store out of sight; 13. Each laptop computer is assigned to an individual employee (user) and should not be transferred to another employee or user without notifying the Office of Information Technology.

14. Certain items, such as magnetic elements, plants, and water-based items, should not be placed on or near the computer system;

15. User understands that all the electronic information contained within the County computer system, including email, is the property of Dallas County via the control, management, and preservation of information by the respective elected or public official.


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16. User will lock access to user’s computer by utilizing a password protected screen saver each time user’s computer or workstation is unattended;


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LINKS TO IMPORTANT DALLAS COUNTY & DALLAS COUNTY DISTRICT CLERK INFORMATION FOR EMPLOYEES

DALLAS COUNTY INFORMATION TECHNOLOGY SECURITY POLICY (Includes email use guidelines) http://www.dallascounty.org/intranet/docs/DC‐Information‐Security‐Policy‐20170111.pdf

DALLAS COUNTY “MOST WANTED” https://www.dallascounty.org/dcwantedsearch/ EMPLOYEE RELATIONS FORMS INCLUDING:

ADA (AMERICANS WITH DISABILITIES ACT) REQUEST FORM

HARRASSMENT INICDENT REPORT FORM

EMPLOYEE GRIEVANCE FORM Available at the Dallas County Human Resources website: http://www.dallascounty.org/department/HR/employeerelationsforms.html FMLA (FAMILY MEDICAL LEAVE ACT) FORMS & INFORMATION Available at the District Clerk’s Employee website: http://www.dallascounty.org/department/districtclerk/fmla_info.html EMPLOYEE SELF-SERVE SITE You may obtain information regarding your employment, time-card and benefits from the Dallas County Human Resources ESS site using your Dallas County credentials: https://dcvpn1.dallascounty.org/+CSCOE+/logon.html DISTRICT CLERK HUMAN RESOURCES If you have a question regarding your employment or other issues including Family Medical Leave, you may contact District Clerk Administration at: [email protected] DALLAS COUNTY PAYDAY SCHEDULE http://www.dallascounty.org/itservices/payroll.php DALLAS COUNTY CODE – PERSONNEL http://www.dallascounty.org/Assets/uploads/docs/humanresources/Chapter82_DallasCountyCode_062117.pdf http://www.dallascounty.org/Assets/uploads/docs/humanresources/Chapter86_DallasCountyCode_062117.pdf


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Documents

DISTRICT CLERK EMPLOYEE HANDBOOK - Dallas County · dallas county district clerk employee handbook index welcome statement 3 role of the district clerk 4 divisions of the district