5122-26-06 Personnel management.

(A) Each agency shall maintain written personnel policies and procedures that comply with relevant federal, states, and local statutes. Personnel policies and procedures shall include, but not be limited to:

(1) A compensation plan that shall establish policies and procedures related to pay for time worked and not worked and benefit programs in addition to pay for duties performed; and

(2) Assurance of non-discrimination against any person or group of persons on the grounds of race, ethnicity, age, color, religion, sex, national origin, sexual orientation, physical or mental handicap, or developmental disability according to Title VII of the “Civil Rights Act of 1964;” or any person with “HIV” or “AIDS-Related Complex”; or in any manner prohibited by the laws of the state of Ohio and the United States in the recruitment, selection, promotion, evaluation or retention of employees or volunteers;

(3) Provisions for the professional development of the agency’s employees including any continuing education requirements, training and education opportunities provided by the agency, and the agency’s expectations for employee advancement. Such policies and procedures shall encourage participation in cultural sensitivity training for all staff, and training in ethnically sensitive methods of practice for staff members and volunteers who provide services directly to clients;

(4) Provisions for promotion, termination of employment, discipline, leave of absence and layoff;

(5) Provisions for employee grievances;

(6) Provisions for employee safety;

(7) Provisions for supervision of staff providing services, according to Chapter 5122-23 of the Administrative Code. Such supervision shall be documented.

(8) Provisions for assessments of each employee’s performance including, but not limited to the following requirements:

(a) Each employee’s job performance shall be reviewed at least annually;

(b) Each employee’s job performance evaluation shall be signed by the employee to reflect that he or she has seen the report;

(d) A description of procedures to appeal the performance evaluation shall be made available to the employee.

(9) A description of the required content of the personnel records, including the following information:

(a) Application for employment;

(b) Verification of credentials (i.e., documentation or visual verification of the original professional license or certificate);

(d) Copy of notification of hiring, to include starting date and starting salary;

(e) Wage and salary information, to include adjustments;

(f) Copy of position description;

(g) Employee performance evaluations;

(h) Commendations, if any;

(i) Disciplinary actions, if any;

(j) Documentation of employee orientation to mission, policies and procedures of the agency;

(k) Documentation that employee has received and reviewed a copy of the agency’s personnel policies and procedures;

(l) Record of employee references (written or verbal); and

(m) Verification of citizenship and employment eligibility according to Title 8, United States Code, section 1324A.

(10) Specifying which staff have access to various types of personnel information, and assuring an employee’s access to his or her own record; and

(11) Provisions for storage, retention and disposal of personnel records to safeguard physical integrity and confidentiality.

(B) The agency shall ensure that a copy of its personnel policies and procedures is available to each employee and a process shall be established for notifying employees and volunteers of changes in personnel policies and procedures.

(C) Volunteers in the agency shall have orientation, training and supervision commensurate with their responsibility and shall be evaluated according to agency policy.

(D) Each budgeted staff position description shall include the following:

(1) Duties of the position;

(2) Immediate administrative and/or clinical supervisor;

(3) Immediate subordinates; and

(4) Special working conditions, if applicable.

(E) There shall be a written affirmative action plan including:

(1) The hiring of culturally diverse staff at all levels of the agency. These staff shall have the ability to address the need for culturally specific and relevant programming for ethnic minorities, deaf or hearing-impaired persons, and others; and

(2) Goals for the employment and effective utilization of, including contracts with, “African-American,” “native American,” “Hispanic” and “Oriental” and other persons in percentages reflecting, as nearly as possible, the composition of the community mental health service district served by the board.

(F) The agency shall have policies and written procedures for handling cases of staff neglect and abuse of persons served, and documentation that each employee has received a copy of these policies and procedures.

(G) Screening procedures for all staff members shall include inquiries to establish that the applicant is qualified for the position and may include inquiry to establish that the person is without any record of misconduct or criminal convictions that might bear a direct and substantial relationship to that applicant’s position.

(H) Notification shall be given to the applicant that the agency follows rules and regulations governing fair employment practices, that the applicant’s right to privacy shall be respected and that the results of inquiries shall be treated in confidence by the agency.

(I) The agency shall have a policy that appropriate disciplinary action, up to and including dismissal from employment, shall be taken regarding any employee misconduct or criminal conviction that bears a direct and substantial relationship to that employee’s position.

HISTORY: Eff 5-10-79; 1-1-91

Rule promulgated under: RC 119.03

Rule authorized by: RC 5119.01(G), 5119.01(I), 5119.61(M)

119.032 REVIEW DATE: 9-17-01; 9-16-06