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PERSONNEL POLICIES
FOR
BEAR RIVER ASSOCIATION OF GOVERNMENTS

Adopted by the BRAG Governing Board
May 24, 2023
BRAG Personnel Policy

Table of Contents

Chapter 1: Organizational Structure & Expectations
Organizational Structure………………………………………………………………………………….. 1.1
Open Door…………………………………………………………………………………………………….. 1.2
Conflict of Interests…………………………………………………………………………………………. 1.3
Speaking to the Media…………………………………………………………………………………….. 1.4
Client Confidentiality……………………………………………………………………………………….. 1.5
Public Access to Records………………………………………………………………………………… 1.6
Use of Computers/Internet ………………………………………………………………………………. 1.7
Code of Ethics……………………………………………………………………………………………….. 1.8
Political Action……………………………………………………………………………………………….. 1.9
Travel …………………………………………………………………………………………………………. 1.10
Chapter 2: Nondiscrimination
EEO & Affirmative Action ………………………………………………………………………………… 2.1
ADA Compliance……………………………………………………………………………………………. 2.2
Sexual Harassment………………………………………………………………………………………… 2.3
Whistleblower Policy ………………………………………………………………………………………. 2.4

Chapter 3: Employment Conditions & Provisions
Recruitment…………………………………………………………………………………………………… 3.1
Background Checks ……………………………………………………………………………………….. 3.2
Releasing Job References ………………………………………………………………………………. 3.3
Job Descriptions…………………………………………………………………………………………….. 3.4
Receipt of Policy Manual…………………………………………………………………………………. 3.5
Licenses & Certification…………………………………………………………………………………… 3.6
Probationary Period………………………………………………………………………………………… 3.7
Exempt & Nonexempt Staff……………………………………………………………………………… 3.8
Compensatory Time & Overtime ………………………………………………………………………. 3.9
Personnel Records……………………………………………………………………………………….. 3.10
Nepotism…………………………………………………………………………………………………….. 3.11
Work Schedules …………………………………………………………………………………………… 3.12
Salary Classification……………………………………………………………………………………… 3.13
Performance Planning/Compensation……………………………………………………………… 3.14
Orientation…………………………………………………………………………………………………… 3.15
Cost of Living Adjustment………………………………………………………………………………. 3.16
Advance Pay ……………………………………………………………………………………………….. 3.17
Pay Day………………………………………………………………………………………………………. 3.18
Employment Status ………………………………………………………………………………………. 3.19
Letter of Hire ……………………………………………………………………………………………….. 3.20
Exit Interview……………………………………………………………………………………………….. 3.21
Succession Planning…………………………………………………………………………………….. 3.22
Outside Volunteers……………………………………………………………………………………….. 3.23
Chapter 4: Benefits Administration
Insurance ……………………………………………………………………………………………………… 4.1
Retirement Benefits………………………………………………………………………………………… 4.2
Holidays ……………………………………………………………………………………………………….. 4.3
Annual Leave/Vacation …………………………………………………………………………………… 4.4
Sick Leave…………………………………………………………………………………………………….. 4.5
Bereavement Leave ……………………………………………………………………………………….. 4.6
Military Leave ………………………………………………………………………………………………… 4.7
Jury Duty & Subpoenaed Leave……………………………………………………………………….. 4.8
Workers Compensation…………………………………………………………………………………… 4.9
Family & Medical Leave ………………………………………………………………………………… 4.10
Paid Administrative or Emergency Leave …………………………………………………4.11
Chapter 5: Performance & Discipline
Disciplinary Philosophy …………………………………………………………………………………… 5.1
Warnings ………………………………………………………………………………………………………. 5.2
Disciplinary Probation……………………………………………………………………………………… 5.3
Suspension …………………………………………………………………………………………………… 5.4
Dismissal………………………………………………………………………………………………………. 5.5
Drug Free Workplace ……………………………………………………………………………………… 5.6
Layoffs………………………………………………………………………………………………………….. 5.7
Resignation …………………………………………………………………………………………………… 5.8
Final Pay ………………………………………………………………………………………………………. 5.9
Grievance Procedure ……………………………………………………………………………………. 5.10
Abandonment of Job …………………………………………………………………………………….. 5.11

Organizational Structure
& Expectations

CHAPTER ONE
Organizational Structure

POLICY 1.1

The Executive Committee also referred to as the Governing Board of the Bear
River Association of Governments is responsible for setting policies for its staff members.
The board employs the executive director, to whom it delegates responsibility for the dayto-day administration of the staff. The executive director organizes and manages the staff,
using policies approved by the Governing Board.
Open Door

POLICY 1.2
All staff members are encouraged to provide input and suggestions concerning
the overall operation and programs of the Bear River Association of Governments,
following the proper channels of communication. Staff members should initially bring
their comments to their immediate supervisor. In those cases where that may be
inappropriate, staffers may approach their department managers or the executive
director.
BRAG operates in an “open door” manner. All staff input is considered and can
be presented without fear of personal recrimination on the staff member or his or her
position. A staff grievance procedure is outlined in Chapter 5 of this policy.
Conflict of Interests

POLICY 1.3
BRAG expects the primary interest of staff members to be the people we serve. A
conflict of interest occurs when the interests of a staff member or another outside party
actually or potentially affect the organization in a negative way.
● OUTSIDE BUSINESS INTERESTS–BRAG staff may have outside
business interests and outside employment so long as these do not interfere
with job performance. Staff may not earn profit from outside employment or
business interests which directly result from affiliation with BRAG. Work
experience and training gained through BRAG employment can be used for
outside business interests that do not compete with or jeopardize BRAG
interests or activities.
● GIFTS, GRATUITIES–Staff members are not to accept gifts,
gratuities, free trips, personal property or other items of value from an
outside person or organization as an inducement to provide services. Items
with a value in excess of $50 will not be accepted by staff for any reason.
● PERSONAL BELIEFS–The organization recognizes that its staff
members may have a wide range of personal beliefs, values and
commitments. These beliefs, values and commitments are a conflict of
interest only when they prevent staffers from fulfilling their job
responsibilities, if staff members attempt to use BRAG time and facilities for
furthering them, or if staffers continue attempting to convince others of their
personal beliefs after they have been asked to stop.
Speaking to the Media

POLICY 1.4
A staff member may not speak to the news media as an official or unofficial
spokesperson of BRAG or its various programs without prior clearance from the
executive director. All inquiries from the media should be referred to the executive
director or to the appropriate department head if the executive director is not available.
Press releases and legal notices will be submitted to the executive director for review
and approval prior to being released.
Routine exchanges between the local media and department managers are
encouraged as long as the executive director is fully informed and department manager
statements are consistent with organizational policy.
This policy applies to all social media outlets. BRAG employees are expected to
maintain confidentiality and professionalism at all times according to the Association’s
Code of Ethics (Policy 1.8). Online interactions are held to the same standard as those
carried out in person and are subject to the same disciplinary procedures.
Client Confidentiality

POLICY 1.5
BRAG Staff members will, to the best of their ability, ensure confidentiality and
privacy in regard to history, records and discussions about the clients we serve. The
very fact that an individual is served by this organization must be kept private or
confidential. Disclosure can be made only under specified conditions, which are
described below, for reasons relating to law enforcement and fulfillment of our mission.
This means that staff shall not disclose any information about a client, including the fact
that the person is or is not served by our organization to anyone outside of this
organization unless authorized by the executive director or appropriate department
heads. The principle of confidentiality must be maintained in all programs, departments,
functions, and activities.
● Release-of-information forms will be explained and completed in
the presence of the person about whom any information may be
released, before it is released.
● If records are inspected by an outside agency, the individual(s) who
inspect the records must be specifically authorized to do so by the
executive director, or department head. The taking of notes,
copying of records or removal of records is specifically prohibited in
such cases.
● Staff will not discuss any individual’s record with unauthorized
individuals, whether on or off duty.
● As a governmental entity, BRAG must comply with Utah’s
Government Records Access and Management Act (GRAMA). See
Policy 1.6.

Public Access to Records

POLICY 1.6
As a governmental entity, BRAG must comply with Utah’s Government Records
Access and Management Act (GRAMA). This act requires that requests for records be in
writing and include specific information about the requester and a reasonably specific
description of the desired records.
Records are classified as Public unless they are one of four categories to which
access may be exempted: Private, Controlled, Protected and Limited. Most of BRAG’s
client records will fit into these exempted categories.
Upon receipt of a written record request, governmental entities must respond no
later than 10 business days (5 days if determined to be in the public’s best interest).
Extensions to these deadlines may be requested for cause.
BRAG staff should seek direction and approval from the executive director or
appropriate department head prior to releasing any records.
Use of Computers/Internet__

POLICY 1.7
I understand that the Association reserves the right to monitor, access, review,
audit, copy, store, or delete any electronic communications, equipment, systems and
network traffic for any purpose.
I will not use e-mail, internet and other Association resources to engage in any
action that is offensive, threatening, discriminatory, slanderous, pornographic, obscene,
harassing or illegal.
I will request approval from management prior to establishing any new software
or hardware, third party connections, etc.
I understand that the content of all computers that belong to the Association is
the property of the Association and therefore subject to review at any time.

Code of Ethics

POLICY 1.8
I as a staff member of the Bear River Association of Governments affirm that:
● I will not discriminate against or refuse professional services to
anyone on the basis of race, color, creed, age, sex, religion,
disability or nationality.
● I will not use my professional relationship to further my own
interests.
● I will evidence a genuine interest in all persons served, and do
hereby dedicate myself to their best interest and helping them help
themselves.
● I will respect the privacy of persons served and hold in confidence
all information obtained in the course of professional service.
● I will maintain confidentiality when storing or disposing of client
records.
● I will maintain a professional attitude which upholds confidentiality
towards individuals served, colleagues, applicants, and the
organization.
● I, upon termination, will maintain client and co-worker
confidentiality, and I will hold as confidential any information I
obtained concerning the Association.
● I will respect the rights and views of my colleagues, and treat them
with fairness, courtesy, and good faith.
● I will not exploit the trust of the public or my co-workers. I will make
every effort to avoid relationships that could impair my professional
judgment.
● I will not engage in or condone any form of harassment or
discrimination.
● I will respect the confidences of my co-workers.
● When I replace a colleague or am replaced, I will act with
consideration for the interest, character and reputation of the other
professional.
● I will extend respect and cooperation to colleagues of all
professions.
● I will not assume professional responsibility for the clients of a
colleague without appropriate consultation with that colleague.
● If I see the client of a colleague during a temporary absence or
emergency, I will serve that client with the same consideration
afforded any client.
● If I have the responsibility for employing staff and evaluating staff
performance, I will do so in a responsible, fair, considerate and
equitable manner.
● If I know that a colleague has violated ethical standards, I will bring
this to my colleague’s attention. If this fails, I will report the activity
to my supervisor.
● I will accurately represent my education, training, experience and
competencies as they relate to my profession.
● I will correct, when possible, misleading or inaccurate information
and representations made by others concerning my qualifications
or services.
● If serving as a supervisor, I will make certain that the qualifications
of persons I supervise are honestly represented.
● I will abide by BRAG policies related to public statements.
● I have total commitment to provide the highest quality of service to
those who seek my professional assistance.
● I will continually assess my personal strengths, limitations, biases and
effectiveness.
● I will strive to become and remain proficient in professional practice
and the performance of professional functions.
● I will act in accordance with standards of professional integrity.
● I will not advise on problems outside the bounds of my competence.
● I will seek assistance for any problem that impairs my performance.
● I understand that violation of this code may be grounds for disciplinary
action.

Political Action

POLICY 1.9
The Federal Employees Political Activities Act of 1993 resulted in very significant
changes to the Federal Hatch Act which was passed by Congress in 1939. Although we
as BRAG employees are not federal employees, we have generally assumed we were
subject to the Hatch Act because of the federal funds that pay much or all of our
salaries.
Listed below are excerpts from the U.S. House of Representatives Report 103-16 that
clarify what federal employees (and local government employees paid with federal
funds) can and can’t do:
BASIC CONCEPT OF LEGISLATION
“H.R. 20 is grounded in the concept that Federal employees should be free to
engage in political activities on their own time but should not engage in any political
activity on the job. This means that Federal employees can manage campaigns, solicit
contributions, work on phone banks, and even run for office while off the job and away
from the workplace. The clear line between on-the-job and off-the-job activities results in
a statute which is easy to understand and straightforward to enforce.”
SUMMARY OF THE BILL
“H.R. 20 states that it is the policy of Congress that Federal and postal employees
should be encouraged to fully exercise their right to participate or not participate in the
political processes of the Nation. The exercise of this right should be free and without fear
of reprisal or penalty.

The bill contains a prohibition against on-the-job political activity. Federal
employees cannot engage in any political activity while on duty, in a Federal facility, in
the uniform of a Federal job, or while using any vehicle owned or leased by the
Government. The rule against on-the-job political activity applies to most employees in
Executive agencies and to employees in the competitive service not in the executive
branch.
The bill also contains prohibitions against coercion. Federal employees cannot use
official authority or influence to interfere with the result of an election or to intimidate any
individual to vote or not to vote, to give or withhold a contribution, or to engage or not
engage in any political activity. Federal employees may not use official information for
any political purpose, unless the information is available to the public. Federal employees
may not give a political contribution to a superior, or give, receive, or solicit a political
contribution in a Government building. Federal employees may not solicit, accept, or
receive a contribution from, or give a political contribution to, a person who has or is
seeking a contract with the employee’s agency, is regulated by the agency, or has
interests which may be affected by the performance of the employee’s duties. The various
criminal prohibitions relating to elections and political activities contained in Chapter 29
of title 18, United States Code, are conformed.
Other than these restrictions, H.R. 20 provides that Federal employees, acting as
private citizens, may engage in any legal political activity off the job. They may run for
partisan political office without taking leave, as long as the campaigning does not interfere
with the performance of their duties. An employee who requests leave without pay or
annual leave for the purpose of running for office can only be denied such leave by agency
management based on the exigencies of the public business.
The Special Counsel of the Office of Special Counsel is authorized to issue
regulations and to enforce the administrative prohibitions concerning political activity.
Actions brought by the Special Counsel would be brought under the general disciplinary
action procedures of 5 U.S.C. 1215. The Merit Systems Protection Board could impose
any penalty provided by that section. Possible penalties include fines, debarment from
employment, removal, and reprimand.”
Travel

POLICY 1.10

A. Employees authorized to travel by private vehicle will be reimbursed at the same
rate per mile as are employees of the State of Utah. The BRAG rate will
automatically be adjusted consistent with changes in the State rate whenever
they occur. Employees have the option, with approval from department heads, to
use a rental car obtained through BRAG’s current rental contract, and be
reimbursed for fuel only. Reimbursements are dependent upon submission of a
signed itemized reimbursement claim approved by the department head or
executive director.
B. Employees required to be away from their regular work stations on travel status
will be reimbursed for meals at the same per diem rate as are employees of the
State of Utah. Lodging and other actual, necessary, and reasonable expenses
associated with the trip will be reimbursed based upon submission of receipts
and a signed reimbursement claim.
C. Upon approval of the department head or executive director, employees may be
reimbursed for meal expenses associated with work related business meetings
they are required to attend. The reimbursement maximums allowed by State
policy will apply.
D. Out-of-State travel more than 200 miles from Logan, Utah must be approved by
the executive director and the appropriate program board or in cases of urgency
by the BRAG representative on that Board. The Chairman of the Governing
Board also has authority to approve out-of-state travel upon the recommendation
of the executive director.
E. Known expenses such as conference registration fees or airline fares will be paid
in advance through the use of BRAG’s purchase cards.
F. Air transportation is limited to main cabin seating with extra leg room as needed.
G. Records will be maintained for all travel expenses.
H. Reimbursement for private vehicle transportation on trips for which air travel
could be used should not exceed the total cost of the least expensive available
mode of air transportation.
Nondiscrimination

CHAPTER TWO
EEO & Affirmative Action

POLICY 2.1
It is the policy of the Bear River Association of Governments that no person shall, on the
grounds of race, disability, color, creed, national origin, religion, age, sex, sexual orientation,
political affiliation or belief, be excluded from participation in, be denied the benefits of, be
subjected to discrimination under, or be denied employment in connection with any program or
activity administered by the Association.
The Bear River Association of Governments is committed to the concept of equal
employment opportunity and will make every effort to insure all qualified persons the right to
maximum participation in the mainstream of its employment system. It is the goal of the Bear
River Association of Governments that all matters related to recruiting, hiring and selection,
training, compensation, benefits, promotion, transfer, lay-offs, recall from lay-offs, demotion,
terminations, working conditions, educational and training opportunities and all treatment on the
job be free of discriminatory practices. This Association is committed to equal opportunity for all
applicants and staffers in personnel matters including recruitment and hiring, benefits, training,
promotion, compensation, transfer and layoff or termination. We strive for a staff that reflects
diversity.
We will attempt to achieve and maintain a diverse work force. These steps may include,
but are not limited to, the following:
1. Pursuing our affirmative action program along with regular review by the
Governing Board.
2. Ensuring that this BRAG policy regarding equal employment
opportunity is communicated to all staff.
3. Ensuring that hiring, promotion and salary administration practices
are fair and consistent with the policy of the Association.
4. Reporting to the Governing Board on all activities and efforts to
implement BRAG’s policy of equal employment opportunities.
5. To the extent that our staff is not diverse, we will make special
recruitment efforts as part of this plan.
Each supervisor and member of the management staff must provide equal opportunity
for all staffers with regard to work assignments, training, transfer, advancement, and other
conditions and privileges of employment, and work to assure a continuation of this policy of
equal employment opportunity.
ADA Compliance

POLICY 2.2
BRAG welcomes applications from people with disabilities and does not
discriminate against them in any way. This organization complies with the Americans
with Disabilities Act (ADA) of 1990 by:

● Considering all applicants with disabilities for employment using the
same criteria as are used for the employment of persons without
disabilities.
● Considering staff members with disabilities for promotion using the
same criteria that are used for the promotion of staff members
without disabilities.
● Taking steps to make its facilities barrier-free and service
accessible according to appropriate federal and state statutes.

● Making scheduling and other adjustments to reasonably
accommodate staffers and clients with disabilities.
● Educating staff to the fact that individuals with disabilities are
employed by the Association and should not be discriminated
against.
● Posting notices explaining the provisions of ADA and staff rights
under the law.
● Provide appropriate and legal process for employees or applicants
to declare a disability and to request reasonable accommodations
in the performance of job activities.
Sexual Harassment

POLICY 2.3
A. General Policy
It is the Policy of the Bear River Association of Governments (BRAG) that:
1. The giving or withholding of tangible job benefits based on the
granting of sexual favors (Quid Pro Quo) and any behavior or
conduct of a sexual or gender-based nature which is demeaning,
ridiculing or derisive and results in a hostile abusive or unwelcome
work environment constitutes sexual harassment.

2. Unlawful discrimination/harassment of co-workers of any type, on
or off duty, based on sex/gender, subtle or otherwise, shall not be
tolerated and violators will be subject to disciplinary action up to
and including termination.
3. Retaliation or reprisals are prohibited against any employee who
opposes a forbidden practice, has filed a charge, testified, assisted
or participated in any manner in an investigative proceeding or
hearing under this policy.
4. False or bad faith claims regarding sexual or gender harassment
shall result in disciplinary action against the accuser.
5. An employee accused of sexual harassment and facing disciplinary
action shall be entitled to receive notice of charges, the evidence to
be used against him or her, and an opportunity to respond before
any disciplinary action may be taken.

6. Records and proceedings of sexual harassment claims,
investigations, or resolutions are confidential and shall be
maintained separate and apart from the employee’s personnel file.
7. All employees, supervisors and management personnel shall
receive training on the sexual/gender harassment policy and
grievances procedures during orientation and in-service training.
B. Prohibited Conduct
1. Any deliberate, unwanted, or unwelcome behavior of a sex/gender
based nature, whether verbal, non-verbal, or physical is prohibited.
2. There are two major categories of sexual/gender harassment:
a. quid pro quo- the granting or conditioning of tangible
job benefits for the granting of sexual favors; and
b. creating a hostile or unwelcome work environment.
Creation of a hostile work environment can occur
through any or all of the following general means:

1) Level One: Sex Role Stereotyping
a) Assignments made or denied solely on
the traditional historic perceptions
regarding the types of jobs that specific
gender may/should perform.
b) Comments or written material
reinforcing traditional historic
perceptions regarding gender.
2) Level Two: Gender Harassment/Discrimination
a) Intentional or unintentional behavior/conduct of
a visual or verbal nature directed at a specific
gender which is demeaning, ridiculing or
derisive of that gender.
b) Creating an environment that demonstrates a
demeaning, ridiculing or derisive attitude
toward a specific gender.
3) Level Three: Targeted or Individual Harassment
a) Intentional behavior predicated on gender or
expressing sexuality which is directed at a
specific group or individual.
b) Offensive conduct may be verbal, visual or
physical and includes unwanted physical
touching of a noncriminal nature.
4) Level Four: Criminal Touching
a) The intentional unwanted touching of the
breasts, buttocks, or genitals of another.
b) Forcible sexual abuse.
C. Remedial Action
1. Any employee who is being sexual harassed or who has personal
knowledge of clearly offensive conduct may:
a. Address the issue either through the formal or informal
processes described below.
2. Informal Action
a. Employees who are experiencing an unwelcome or hostile
work environment at levels 1-3 as described above may, if
they so desire, choose to address that unwelcome
behavior/conduct informally by notifying the individual
responsible that the behavior is unwelcome and that
future similar behavior will result in a formal complaint.
Employees experiencing sexual harassment at this level are
not required to use the informal process and may file a
formal complaint if they so desire.
b. This notification may be
1) orally – in person;
2) in writing – signed or unsigned;
3) through a supervisor – either orally or in writing. The
victim may:
a) ask the supervisor for assistance in
determining what to say and how to approach
the offending employee;
b) request the supervisor to accompany the victim
when the victim gives the offending employee
notice, accompanied by the victim;

c) ask the supervisor to give notice to the
offending employee, accompanied by the
victim;
d) ask the supervisor alone to provide notice to
the offending employee.
3. Formal Action
a. Employees who are experiencing an unwelcome or hostile
work environment which is clearly offensive or at Level 4 as
described above, or who have been subjected to quid pro
quo type sexual harassment, should address that
unwelcome behavior/conduct through the formal remedial
process.
b. Formal complaints should be in writing and specify:
1) The identity of the victim;
2) The identity of the offending employee;
3) The offensive behavior that the employee engaged in;

4) The frequency of the offensive behavior;
5) Damage the victim suffered as a result of the
offensive behavior;
6) How the victim would like the matter settled – What
the victim would like to see happen.
c. The victim will be allowed a reasonable amount of time
during work to prepare a formal complaint.
d. The victim should submit formal written complaints to their
immediate supervisor. If the immediate supervisor is the
employee engaging in the offensive behavior, the formal
complaint should be submitted to the next highest
supervisor, the department head or the Chairman of BRAG
Board of Directors.
D. Remedies
1. Employees found guilty of sexual harassment may face disciplinary
action ranging from a letter of reprimand to termination based on all
the circumstances of the case, as well as the offending employee’s
work history.
E. Records
1. Information related to any sexual harassment complaint,
proceeding, or resolution shall be maintained in separate and
confidential sexual harassment complaint files. This information
shall not be placed or maintained in any employee’s personnel file.
2. Information contained in the complaint files shall be released only
with the written authorization of the victim and Executive Director.
3. Participants in any sexual/gender harassment
proceeding/investigation shall treat all information related to that
proceeding/investigation as confidential.
F. Victim Protection
1. Individual complaints, either verbal or written, are confidential.
2. Victims of alleged sexual harassment shall not be required to
confront the accused outside of a formal proceeding.
3. The accused shall not contact the victim regarding the alleged
harassment.
4. Retaliation or reprisals are prohibited against any employee who
opposed a practice forbidden under this policy or who has filed a
charge, testified, assisted or participated in any manner in an
investigation, proceeding or hearing.
a. Any employee engaging in prohibited retaliatory activities
shall be subject to disciplinary action up to and including
termination.
b. Retaliation is an additional and separate disciplinary offense.
c. Retaliation may consist, but is not limited to:
1) open hostility;
2) exclusion or ostracism;
3) special or more closely monitored attention to work
performance;
4) assignment to demeaning not otherwise performed
during the regular course of the employee’s duties.
Whistleblower Policy

POLICY 2.4
General
The organization’s Code of Ethics requires directors, supervisors, coordinators and
employees to observe high standards of business and personal ethics in the conduct of
their duties and responsibilities. As employees and representatives of the organization,
we must practice honesty and integrity in fulfilling our responsibilities and comply with all
applicable laws and regulations.
Reporting Responsibility
It is the responsibility of all BRAG staff to comply with the Code of Ethics and to
report violations or suspected violations in accordance with the Whistleblower Policy.
No Retaliation
No director, supervisor, coordinator or employee who in good faith reports a
violation shall suffer harassment, retaliation, or adverse employment consequences. An
employee who retaliates against someone who has reported a violation in good faith is
subject to discipline up to and including termination of employment. This Whistleblower
Policy is intended to encourage and enable employees and others to raise serious
concerns within the organization prior to seeking resolution outside the organization.
Reporting Violations
As indicated in the organization’s open-door policy, employees can share their
questions, concerns, suggestions or complaints with someone who can address them
properly. In most cases, an employee’s supervisor is in the best position to address an
area of concern. However, if you are not comfortable speaking with your supervisor or
you are not satisfied with your supervisor’s response, you are encouraged to speak with
anyone in management whom you are comfortable in approaching.
Supervisors and managers are required to report suspected violations to the Executive
Director who has specific and exclusive responsibility to investigate all reported
violations. For suspected fraud, or when you are not satisfied or are uncomfortable with
the open-door policy, individuals should contact the Executive Director directly.
Executive Director
The Executive Director is responsible for investigating and resolving all reported
complaints and allegations concerning violations at his/her discretion. The Executive
Director is required to report to the Governing Board at least annually on compliance
activity.
Accounting and Auditing Matters
The Governing Board shall address all reported concerns or complaints regarding
accounting practices, internal controls or auditing. The Executive Director shall
immediately notify the Governing Board of any such complaints and work with the Board
until the matter is resolved.
Acting in Good Faith
Anyone filing a complaint concerning a violation or suspected violation must be
acting in good faith and have grounds for believing the information disclosed indicates a
violation. Any allegations that prove not to be substantiated and which prove to have
been made maliciously or knowingly to be false will be viewed as a serious disciplinary
offense.
Confidentiality
Violations or suspected violations may be submitted on a confidential basis by the
complainant or may be submitted anonymously. Reports of violations or suspected
violations will be kept confidential to the best extent possible, consistent with the need
to conduct an adequate investigation.
Handling of Reported Violations
The Executive Director will notify the sender and acknowledge receipt of the
reported violation or suspected violation within five business days. All reports will be
promptly investigated and appropriate corrective action will be taken as warranted by
the investigation.
Employment Conditions
& Provisions

CHAPTER THREE
Recruitment

POLICY 3.1
The Bear River Association of Governments fills job openings with qualified applicants. The
following paragraphs summarize the major elements of our hiring policies.
● PREFERENCE FOR INTERNAL CANDIDATES. Job openings are filled by qualified persons from
within this organization when possible. Preference is given to internal candidates over external
candidates when both are equally qualified. However, internal candidates are not guaranteed the
positions for which they apply.
As soon as a position vacancy occurs or before, if possible, job announcements shall be prepared
by the department head and distributed to all other departments. Department Heads and
supervisors shall ensure that the announcement is distributed and/or posted and that employees
are aware of it. Applications will be accepted from current BRAG employees only during the five
work days following the date of announcement.
Eligibility to participate in internal recruitment is limited to:
1. Regular full-time or part-time employees who currently occupy an officially
approved and classified position within the BRAG employee classification scheme,
regardless of longevity.
2. Temporary full-time or part-time employees with no less than six months
longevity with BRAG.
3. Volunteers formally assigned to BRAG, either full-time or part-time with no less
than nine months longevity in their BRAG assignment.
● EXTERNAL RECRUITMENT. Adequate publicity about a position opening not filled internally is
essential to an effective equal employment opportunity/affirmative action program. Applications for
all BRAG position vacancies recruited externally will be accepted for at least 10 work days.
The type and amount of advertising will vary with the nature of the position. High level professional
positions will generally be advertised statewide through a major newspaper and by sending
announcements to universities, employment agencies, and minority group organizations. Clerical
and secretarial positions will generally be advertised through one or more local newspapers and
Utah Job Service offices.
At minimum, notice of all regular position openings will be published in the newspaper with the
widest circulation in the county where the position will be available. Also, all regular positions will
be announced through Utah Job Service. In cases of urgency and with approval of the executive
director, temporary positions can be filled after internal recruitment only.
Background Checks

POLICY 3.2
It is the policy of BRAG to perform pre-employment background checks. The
purpose of performing these checks is to determine and or confirm, within appropriate
legal and professional limits, the qualifications and suitability of a job candidate or anyone
volunteering for the particular position for which the candidate is being considered. The
policy will help ensure the safety of the public as well as a safe working environment at
BRAG. The policy will help ensure that employment related decisions utilizing preemployment background checks are made in accordance with applicable law.
BRAG will perform criminal background checks on all candidates for employment
including identity and address related searches, various types of criminal (including
sexual offender) background checks and driving record, education, prior employment and
professional license verifications. Similar background checks will be performed for
volunteers only when required by the funding source or program.
The results of a pre-employment background check are confidential and are to be
shared only with select BRAG staff on a strict “need to know” basis.
1. Pre-employment background checks are required for all candidates for
employment and for select volunteers as described above.
2. All candidates will be required to sign appropriate authorizations and consents
prior to the performing of any pre-employment background checks.
3. Candidates that provide false or misleading information in their application and/or
authorization may be eliminated from any further consideration. Candidates are
expected to provide accurate and complete information and not to omit material
information needed to make a decision.
4. Pre-employment background checks should normally be completed before a
candidate is offered a position. All job offers should be conditioned upon
satisfactory completion of the pre-employment checks.
5. Prior to taking any adverse action, appropriate pre-adverse and adverse action
notices will be sent to the candidate pursuant to federal and any state laws together
with a copy of the report.
6. All candidates shall be individually reviewed and decisions made with respect to
employment based upon the totality of the candidate’s qualifications and the
results of the pre-employment background checks.
7. In general, the relevance of a particular pre-employment background check to a
candidate’s eligibility for employment is based upon the following factors:
a. The nature of the job for which the applicant is being considered.
b. The nature of the adverse or negative information; in the case of a criminal
matter, the facts surrounding the matter are particularly relevant.
c. The age of any adverse or negative information; the age of the applicant at
the time of the adverse incident in relation to the present may also be
relevant.
8. Having adverse information, including a criminal history or conviction does not
automatically preclude a candidate’s eligibility for employment.
Releasing Job References

POLICY 3.3
All requests for information about a current, retired or terminated staff member
must be transferred to the executive director or appropriate department manager, who
may disclose to prospective employers only the former staffer’s dates of employment,
final title or position and job location. With the former staff members permission in
writing, the executive director or supervisor may give an employment and salary history.
Information requested by a law enforcement agency will be provided if it is
believed that an applicant, staff member or former staff member has engaged in illegal
activities; if actions of the individual threaten physical injury to BRAG property, other
staff or persons served; or to protect the legal interests of the Association. In such
cases, any release of information will be made only if approved by the executive
director.
Job Descriptions

POLICY 3.4
BRAG will maintain a written job description for all staff positions. In the event
new paid positions are created through expansion or reorganization, written job
descriptions will be prepared and then approved by the executive director prior to filling
the position.
Job descriptions are to be as detailed and explicit as possible. However, staffers
occasionally may be required to perform related duties not specified in the job
description. In the event new major responsibilities or other significant changes occur,
the job description must be rewritten to reflect these changes.
Written job descriptions play a key role in assuring the organization’s compliance
with the Americans with Disabilities Act, and other federal and state employment laws.
Receipt of Policy Manual

POLICY 3.5
Staff members, upon receipt of their copy of the personnel policies manual
affecting their employment or any addendum thereto, must sign a “Receipt of Policy
Manual” form indicating they have read and understand the associations policies.
Staffers also acknowledge their understanding that no part of this manual shall be
construed as being an employment contract–either implied or expressed–between the
staff member and BRAG.
This manual has been prepared for the information and guidance of staffers
working at BRAG. It is intended to cover the procedures, rules and policies most often
applied to day-to-day work activities. Some of the information will change from time to
time since our policies are under constant review and are revised when appropriate.
Such changes will be communicated to you in writing, in advance of their
implementation. There is no guarantee of employment made to any staff member in
this manual.
Licenses & Certification

POLICY 3.6
Staff members whose jobs require professional license or certification must
present documentation of their license or certification prior to employment.
● Staffers pay the cost of obtaining their license or certification, or
maintaining it in a current status.
● Copies of the license or certification, plus copies of all renewal or
changes, must be provided by the staff member for inclusion in his
or her personnel file.
● Staffers must notify their supervisor before the next scheduled
workday of any changes in the status of their license or certification.
Probationary Period

POLICY 3.7
The probationary period is intended as a working test period and shall be
regarded as an integral part of the examination process. It shall be utilized for the
purpose of closely observing an employee’s work as a final determination of his/her
suitability and qualification for the position. During this period of time, the supervisor
shall observe the employee’s ability to perform the various duties and requirements of
the position.
The department head or executive director may remove an employee at any time
with or without notice and for any reason during the probationary period. During the
probationary period, employees will not have access to the grievance procedures.
All new employees will be probationary up to six months. After successful
completion of the probationary period, employment shall be considered “regular”.
New employees are eligible for a probationary increase in pay level, generally up
to 3%, after their six-month probationary period conditional upon compliance with the
Merit Pay Policy.
Exempt & Nonexempt Staff

POLICY 3.8
Employee classifications are determined by the Fair Labor Standards Act. They are
“exempt” and “nonexempt.”
● “Exempt staffers” include those who are not subject to the overtime
provisions defined by the FLSA.
● “Nonexempt staffers” must comply with the overtime pay provisions
of the FLSA, regardless of individual titles or duties. Any staff
member who does not meet the qualifications for exemption are
included in the term “nonexempt.”
Following is a listing of BRAG Positions classified as exempt or nonexempt. A notation
following the exempt positions shows the exempt category in which the position is included,
executive, administrative or professional:

EXEMPT NON-EXEMPT
Executive Director – (Exec) AlI other positions as of the date
Controller/Personnel Director – (Admin) of this policy are considered
Housing Authority Director – (Exec) non-exempt.
Human Services Director – (Exec) Weatherization Director
Aging Services Director – (Exec)
Community & Economic Dev. Director – (Exec)
Housing Rehabilitation and Development Director – (Exec)
Compensatory Time & Overtime

POLICY 3.9
A. A work week is defined as beginning Sunday morning at 12:01 a.m. and ending
the following Saturday at midnight. Regular office hours shall be 8:00 a.m. to 5:00
p.m. Monday thru Friday with a one hour meal period at mid-day.
Non-exempt employees (those covered by the minimum wage and overtime pay
provisions of the Fair Labor Standards Act as amended) who are required to work
more than 40 hours per week will be compensated for the overtime worked by one
and one-half hours of paid time, for every overtime hour worked, subject to the
following provisions:
1. Overtime worked must be authorized by signature of the department
head or supervisor with time sheet.
2. Compensatory time taken off must be approved in advance by the
department head or supervisor, who may deny or reschedule the
time off to accommodate work load requirements.
3. No more than 60 hours of overtime may be worked in any one month.
4. No more than 90 hours of accrued compensatory time may be
carried forward from one month to the next.
5. When 45 hours, or more, of compensatory time have been accrued,
the department head may require the employee to take time off in
order to reduce the accrued balance.
B. Exempt employees may not accrue compensatory time.
C. Employees eligible to accrue compensatory time will be paid for unused
compensatory time upon termination. Compensatory time may not be used to
extend employment in order to extend insurance coverage for the terminating
employee.
D. When completion of work projects becomes very urgent, non-exempt workers may
be compensated with pay at the rate of one and one-half times their regular hourly
rate for overtime hours worked, subject to advance written approval to work
overtime by their supervisor and executive director.
Personnel Records

POLICY 3.10
This is a description of BRAG’s record-keeping system in regard to personnel
information. Each employee’s individual personnel file is regarded as confidential
information and is treated as such. The only persons with access to the file shall be the
employee’s immediate supervisor, department head, HR personnel and the executive
director. Access to personnel files will be on a need-to-know basis.
Staff personnel files contain the following items:
● Application and resume
● Letters of appointment and acceptance
● Job description
● Copies of transcripts, diplomas, certificates and licenses
● Ongoing performance evaluations
● Any memoranda or documents relating to performance which are of
current relevance
● Memoranda concerning unusual job changes or transfers
● Letters of commendation or other indications of exceptional
performance
● Warning letters and records of all disciplinary actions
● Training records, including grades and notations of those who have
completed or are presently taking in-house training programs
● Leave of absence information
● Signed declaration that employee has read and understands the BRAG
personnel policies and agrees to adhere to them.
● Documentation required by state or private regulatory agencies
● All documentation to participate in the BRAG fringe benefits.

All personnel files are the property of BRAG. Employees may request to review their
personal folder or to have copies made of its contents but may not remove the file from the
personnel office. Department directors will be allowed like access to the files of employees
whom they supervise.
Nepotism

POLICY 3.11
It is our policy to avoid bringing family relationships into the workplace whenever
possible. However, on occasion more than one family member may work for this
Association. The following guidelines will govern these situations:
1. No staffer will be permitted to hire a relative, which is defined as
(step)father, (step)mother, husband, wife, (step)son,
(step)daughter, grandson, granddaughter, first cousin, mother-inlaw, father-in-law, brother-in-law, sister-in-law, son-in-law, or
daughter-in-law.
2. When related persons work for BRAG, one relative may not
supervise another relative.
3. Related persons will not be involved in evaluating each other’s job
performance or in making recommendations for salary adjustments,
promotions or other budget decisions.
Work Schedules

POLICY 3.12
The official workweek of BRAG employees shall be forty (40) hours per week for
non-exempt employees, not including meal periods. Employee’s should be at their
desks ready for work, on time. Regular office hours are from 8 am – 5 pm. All staff
members are entitled to a one hour lunch break and two 15-minute breaks, one in the
morning and one in the afternoon. Staffers will be notified in writing of any changes to
this schedule.
Exempt staffers may be required to work beyond the designated work schedule
in order to adequately fulfill their duties.
Staffers finding they are unable to report to work on time or unable to report for a
full day must inform their supervisor within 15 minutes of the beginning of their shift.
Good and sufficient reason must be provided for any tardiness or absence.
Different work schedules may be allowed on an individual basis with approval of
the department head and executive director.
Salary Classification

POLICY 3.13
A. Classification
All employees shall be classified into an officially adopted grade and shall be
paid the monthly salaries or a commensurate hourly rate indicated. Salary ranges for
each job title are commensurate with the nature of the position, taking into consideration
the diversity and complexity of duties, the amount of responsibility and judgment
exercised, location of the position within the organization chart and qualifications
required.
B. Reclassification
Whenever changing circumstances make it advisable to adjust or revise any
existing position, the effected department head shall submit to the executive director a
revised job description proposal, and, if appropriate, a recommended classification
change. Upon concurrence of the executive director, the proposal shall be submitted for
approval to the Compensation Committee or Governing Board. Minor position
reclassification affecting 4 positions or less can be approved by the Compensation
Committee while reclassification impacting more than 4 positions must be approved by
the Governing Board (Executive Committee).
C. Annual Reviews
Each staff member’s salary is reviewed annually. These reviews take into
account the employee’s performance, comparisons between similar types of positions,
and the organizations financial position.
D. Determination in Internal Recruitment
Employees who move from one job to another within BRAG through internal
recruitment will have their new wage and grade determined by the affected department
head, with concurrence of the executive director, based on qualifications and abilities to
perform the new job, but subject to the following limits:

Any employee assigned to a new position will be in a probationary status, the
same as any new, externally recruited employee, for the duration of 6 months.
E. Wage Determination for Rehired Employees

Former BRAG employees in good standing who are rehired to their former
position will have their wage and grade determined by the affected department head,
with concurrence of the executive director, based on qualifications and abilities to
perform the new job.
Former employees rehired to different positions will normally start anew.
However, if exceptional abilities or justifying circumstances warrant, the wage may be
determined in accordance with Section D above governing Internal Recruitment.
F. Overfilling/Underfilling
Positions will not normally be “overfilled”. That is, new employees are to begin at
the bottom of the grade scale because entry level pay is deemed proper compensation
for the skills and abilities needed to perform the job. Any additional abilities and
qualifications which an employee might possess are considered not needed and should
not be paid for. However, exceptions may be made upon approval of the executive
director in cases where additional abilities promise clear and particular benefit to the
public service, or where labor market conditions make it impossible to hire needed
abilities at entry level pay.
Underfilling a position will be done upon approval of the executive director only
when the best qualified applicant selected for the position may not have the level of
skills and experience required by the position job description or when budget constraints
require it.
Performance Planning/Compensation

POLICY 3.14
BACKGROUND
During 1998 the BRAG Governing Board, a six-member subcommittee of the
board referred to as the Salary Review Committee, the Executive Director, and
Department Heads expended significant effort to update BRAG’s staff pay plan and
merit pay policy.
Ken Embly from the University of Utah’s Center for Public Policy and
Administration was retained to conduct a salary survey and develop a new performance
pay system as well as to train department heads in its use. Jill Carter from Salt Lake
City was retained through Ken Embly to develop a new pay structure and place each
staff position within the structure.
Based on recommendations from the two consultants, a majority of BRAG’s
Salary Review Committee agreed to base annual pay increases for staff on
performance and not on cost-of-living increases. One of the Salary Review Committee
members, Commissioner Royal Norman was very concerned that pay increases related
only to performance would not mean that dedicated staff who are less visible would be
overlooked. Cost of living adjustments can still be considered when necessary and
appropriate.
WHO IS RESPONSIBLE FOR WHAT?
Management – The Performance Planning and Compensation Program should be
supported by and under the direction of the Governing Board, Executive Director,
members of the BRAG’s Management Team and the Compensation Committee. The
Executive Director has been designated as the person responsible for the success of
the Program.
Incumbent and the Supervisor – Each staff member or incumbent and their supervisor
should be responsible to continuously develop and maintain the incumbent’s job
description and performance plan.
The maintenance of job descriptions and the development of the performance
plans are never-ending processes. Each incumbent and supervisor should take steps to
ensure an accurate description of incumbent duties and responsibilities. Additionally,
each incumbent and supervisor should frequently refer to and adjust the performance
plan. It is important to ensure that the “pinpoints” are appropriate to meet current and
new challenges and to ensure that the plan is aligned with the strategic objectives of
both the Department and BRAG.
FORMAL REVIEW PROCESS
Prior to June 15 of each year, a formal, written review should be conducted by
the supervisor. A formal review means that the incumbent and supervisor work together
to document the previous year’s performance.
1. The incumbent should document actual performance achieved on the
performance planning tool then submit the tool to the supervisor for
review. A formal review meeting should be scheduled.
2. No score or any type of overall rating appears on the performance plan.
3. For behavioral pinpoints, a five-point frequency scale will appear on the
performance plan. The primary purpose of the frequency scale is to assist
in the facilitation of the communication and feedback process between the
incumbent and supervisor.
4. The scale appears as follows: 1 2 3 4 5 NA
Independently, the incumbent, then the supervisor, completes the scale
according to their personal perspective where “1” means never and “5” means the
incumbent always engages in this behavior. The incumbent (or supervisor) circles “NA”
if the behavioral statement does not apply or is not appropriate. The “T” is circled when
specific knowledge or skill training is needed for the incumbent to perform in a
satisfactory manner.
Maintaining the Performance Planning Tool
As the administrator of the Job Description and Performance Planning Programs,
BRAG’s Controller/Personnel Director, with full support of the management team,
should ensure that each job description is accurate and that a performance plan for
each incumbent is maintained.

5. Job descriptions should be reviewed for accuracy every two years.
6. Prior to the transfer of an employee and prior to the hire of a new
employee, the department head should review and update the existing job
description and performance plan and ensure they are aligned with the
new strategic objectives.
7. As time goes on, the incumbent and supervisor should periodically review
the performance plan to ensure that the plan maintains alignment with the
strategic objectives and ensure that the incumbent is achieving identified
results.
Purpose of the Performance Planning Tool

The purpose of the performance planning tool is to provide an opportunity for the
supervisor and job incumbent to agree on performance expectations. The purpose is to
facilitate planning, encourage quality communication, and enable the supervisor to
coach and otherwise be placed in the role of a leader. A secondary purpose is that of
accounting for or documenting past performance.
Problem Behavior and/or Failure to Achieve Results

Problem behavior and/or failure to achieve results is immediately brought to the
attention of the incumbent. (Problem behavior is behavior that negatively impacts the
performance plan or is behavior that is violating BRAG policies, procedures, etc.)
If the problem behavior is not adjusted or desired results achieved, discipline
may be warranted and the supervisor takes disciplinary action according to BRAG
policies and procedures. Taking disciplinary action is a separate and distinct activity
from the performance planning process.
Accounting for Past Performance
Prior to June 15 of each year, the incumbent completes the performance
planning document by accounting for actual performance achieved during the agreed
performance period. This activity includes the documentation needed to quantify certain
results. The incumbent submits the completed document to the supervisor. The
supervisor reviews the completed document and makes appropriate notes for
discussion. Incumbent and supervisor meet to agree on documentation of past
performance.
Planning Future Performance
Incumbent and supervisor are encouraged to continuously adjust the plan to
ensure that performance expectations are aligned with the strategic objectives of
BRAG. Many managers have reported that a meeting a week or every-other week to
review the plan and acknowledge achievement helps to keep the plan aligned. At a
minimum, this alignment process should occur as soon as possible after the formal
planning process for BRAG is complete.
OUTLINE OF BRAG’S PERFORMANCE MANAGEMENT SYSTEM
Job/Position
Descriptions Performance Plans
Feedback or
Coaching
8. Mission
(Organization
Strategic Plan)
9. Purpose
(Job Purpose)
• Individual
(Strategic Plan)
• Pinpoints
(Values, Results, and
Behaviors)
10. Accountability
and Essential
Duties Statement
• Performance Plan
(Based on
Accountability and
Essential Duties
Statement)
• Measures
(Results Achieved
and Behaviors
• Feedback (Info.)
11. Skills/Abilities
(Recruiting and
Selection)
• Pinpoints
(Values, Results, and
Behaviors)
• Reinforce
(Positive or
Negative)
12. Compensable
Factors (Salary
Program)
• Measures
(Results Achieved
and Behaviors)
• Evaluate
13. Compliance
(EEO, ADA, etc.)
• Rewards including
recognition,
promotion,
awarding of
annual
performance pay,
and superior
achievement
awards
Compensation Committee
All recommendations for performance pay increase must be reviewed and
approved by up to a six-member Compensation Committee which will be appointed
each year by the BRAG Governing Board. The committee shall include the chairman
and vice chairman of the BRAG Governing Board and up to four other Board members
with each county having at least one representative.
Annual performance evaluations will be completed on all eligible employees by
June 15 of each year in order to allow the Compensation Committee sufficient time to
review recommended actions before they become effective on July 1 of each year.
The Compensation Committee will recommend to the Governing Board each
year during the budget preparation process a percentage of the current year’s staff
salaries to budget for performance pay increases for the following year. The Executive
Director will meet with the committee to express his/her opinions of staff performance
and available funding.
The Compensation Committee will also recommend to the Governing Board each
year a percentage to move the grade ranges in BRAG’s Pay Plan consistent with local,
state, and national trends, thereby keeping BRAG’s pay plan current and competitive.
For example, based upon a review of compensation increases, the committee might
choose to recommend a 3% increase in the pay plan which would move the minimum
and maximum pay levels in each grade 3% higher. BRAG staff salaries would not
change as a direct result of this increase.
Based upon an annual performance review, the Compensation Committee will
make the final decision on any pay increases for the BRAG Executive Director.
Superior Achievement Awards
Superior Achievement Awards are one-time cash awards or bonuses to
employees who deserve special recognition and reward for highly unusual and
extraordinary achievements. Examples of such achievements might include developing
an idea which results in significant cost savings to BRAG or to local governments.
Another example might be an employee who through unusual and tremendous effort
obtains substantial funding to address some important local needs. Also, highly
significant accomplishments related to the performance plan may justify such awards.
Department directors can recommend such awards anytime during the year to
the Executive Director for amounts not to exceed $1000. The Compensation Committee
has authority to make any final decision on such an award after careful review.
Appeals Process
Those employees who feel they have not received an accurate or fair evaluation
may appeal to the Compensation Committee by notifying the BRAG Executive Director
in writing within ten days after their evaluation is complete.
The BRAG Executive Director may appeal his/her compensation made by the
Compensation Committee to the Governing Board in writing within ten days after the
Compensation Committee decision is announced.
Budget

All performance pay increases are subject to budget constraints. If funds are not
available, increases cannot be granted.
Eligibility for Advancement following Probationary Period
New employees are eligible for a probationary increase after their six-month
probationary period conditional upon a satisfactory performance review and approval
from the Compensation Committee Chairman.
Orientation

POLICY 3.15
New employees will undergo an orientation to acquaint them with BRAG’s
policies and procedures, their jobs, and their internal and external working relationships.
The orientation will consist of two parts:

● Orientation to the organization –The executive director generally
will coordinate orientation to the organization describing
compensation, benefits and our expectations of staff. As part of the
orientation, the staffer will receive a copy of the Association’s
personnel policies and then will be asked to sign a document
stating he or she has received and understood the material
contained therein.
● Orientation to the job–The new staff member’s immediate
supervisor, as designated by the executive director, generally will
orient the staffer to the job and the internal and external working
relationships. The purpose of this orientation is to give staffers a
level of success to aim for, to assist them in succeeding and to give
feedback to them on performance.
Cost of Living Adjustment

POLICY 3.16
The Governing Board will review the need for a cost-of-living adjustment for
BRAG employees each year usually at the May meeting when the annual budget is
presented. Recommendations can be made by the executive director and/or the
Compensation/Audit Committee. Such increases will generally become effective at the
beginning of BRAG fiscal year which is July 1.
Advance Pay

POLICY 3.17

Pay checks are issued only on scheduled pay days. BRAG does not provide pay
advances for any reason.
Pay Day

POLICY 3.18
There are currently two pay periods per month, the first one ending on the15th
day and the second on the last day of the month. Pay checks will be distributed on the
5th and the 20th of each month. If these dates fall on a weekend or holiday, checks will
be distributed the last prior working day.
Employment Status

POLICY 3.19
Staff categories as established by the Association are:
A. Regular Salaried: An individual employed to work a full basic work week of at
least 30 hours with access to BRAG optional benefits.
B. Regular Hourly: An individual who works up to 40 hours per week and is paid
on an hourly basis with no access to BRAG optional benefits.
C. Temporary: An individual employed for a specified, limited period of time, not to
exceed one year, either on a full- or part-time basis with no access to BRAG
optional benefits.
D. Probationary Period: Regular exempt and nonexempt staffers will be
considered probationary employees during their first six months of employment.
Letter of Hire

POLICY 3.20

When it is decided which candidate will fill an open position, the executive
director or department head will send that candidate a letter of hire, which states the
specific position, starting date, beginning pay or salary, and the offer of employment.
The prospective staffer is asked to sign and return a letter, either accepting or
declining the position.
Exit Interview

POLICY 3.21
This Association has a considerable investment in its employees. Therefore, it is
of interest to the organization to evaluate the circumstances surrounding the separation
of a staff member, whether voluntary or involuntary. Exploring an employee’s reasons
for resigning, or the factors resulting in termination, enables the organization to better
evaluate whether the work environment is conducive to staff satisfaction or whether
changes can or should be made.
Guidelines:
Exit interviews should be conducted by the departing employee’s immediate
supervisor in a private area during the staff member’s regular work hours on the last day
of employment. If the staff member prefers, the interview may be conducted by the
controller/personnel director or by the executive director.
The staffer has the option of requesting or declining to discuss reasons for the
separation.
In conducting an exit interview, BRAG will use an exit interview checklist to
provide structure for the discussion. The following items may be included on the exit
interview survey form:
• equipment/key return
• reasons for the separation
• plans for the immediate future and contact information
• future job references
• verification of final pay and reimbursements
• COBRA information (continuing health insurance coverage)
• interest in re-employment
• staffer suggestions and comments
Succession Planning

POLICY 3.22
Recognizing that changes in staffing and management are inevitable, BRAG has
established a succession plan to provide continuity and to avoid extended staffing and
costly vacancies in key positions. BRAG’s succession plan is designed to identify and
prepare candidates for upward mobility opportunities including management positions
that become vacant due to retirement, resignation, death or new service delivery
opportunities.
It is the policy and practice of BRAG to assess the staffing and leadership needs
of the organization to ensure the selection of qualified staff members that are diverse
and would serve well in accomplishing the organization’s missions and goals. Helping
current staff members prepare for the future opportunities through internal cross-training
and taking advantage of outside training and networking opportunities is important.
BRAG’s executive director is responsible for implementing the regional
government organization’s succession plan. The plan will be discussed with staff at
regular monthly staff meetings in order to identify possible upcoming vacancies.
Vacancies will be filled from within the organization where possible or in the
event no viable candidate is available, on an “acting” basis while an external recruitment
effort is conducted as outlined in BRAG Policy 3.1 – Recruitment.
Outside Volunteers

POLICY 3.23
It is the policy of BRAG to provide opportunities for volunteers and students so
that they can gain practical and professional experience, or so that they may simply
have an outlet for helping the people we serve.
To be accepted as volunteers, candidates must complete a Volunteer Application
form, undergo a reference check, and be interviewed by a department head. If
appropriate placements can be made, volunteers and students will be assigned to work
under a supervisor, who will see that they adhere to a work schedule, are evaluated
(students only), and observe the same rules and code of conduct as all regular staff
members at this Association.

All volunteers and students serve at the discretion of the executive director,
and/or department head who can terminate their relationship with the organization at
any time for any reason.
Benefits Administration

CHAPTER FOUR
Insurance

POLICY 4.1
Health-Care and Dental Plan: A health-care and dental plan for benefit eligible
employees and their dependents is available beginning at the time of employment, or
during “open enrollment” periods each year. A more detailed description of coverage is
provided for a new employee at time of employment. Application for coverage must be
completed within 60 days from the date of hire. BRAG pays 80% of the cost of the Public
Employee Health Plan Preferred Traditional Option 2 coverage and up to an equivalent
cost for the less expensive Advantage and Summit Traditional Option 2 plans. Dental
coverage for the employee is paid for by BRAG and additional coverage for dependents
is available with the additional premium paid by the employee.
Dependents include your lawful spouse, your children and stepchildren until the
age of 26 who are dependent on the employee for their support.
Before your coverage or that of your dependents becomes effective, you must
complete the online enrollment process found on the provider’s website.
Life Insurance: All regular salaried employees who work 30 hours or more per
week may enroll in basic term life insurance protection in the amount of $50,000 and have
the option to increase this amount at the employee’s expense. Increases beyond the
guaranteed issue of $200,000 require an evidence of insurability. BRAG pays 100% of
the basic life insurance premium. The full premium for coverage in excess of $50,000 is
paid by the employee.
Long-Term Disability: BRAG provides insurance for continuance of a portion of
salary in case of severe illness or injury requiring absences from work for periods
exceeding three months. This type of leave must be supported by a doctor’s statement
indicating the type of illness or injury and the expected duration. Coverage under this plan
is effective until age 65 or the employee qualifies for Utah State Retirement coverage.
Regular salaried employees who work 30 hours or more a week are eligible for
insurance on the first day of employment. If the required 30 hours per week average is
not met by combining actual hours worked with leave used during any given pay period,
benefits will be prorated and the employee will be responsible to pay the remaining
portion. The proration will be based on the 30 hours per week requirement in that pay
period only and well take into account any holidays. The employee’s payment may be
accomplished through a payroll deduction or by check if there is not enough pay
remaining to cover the amount. This proration does not apply if the employee is currently
on FMLA leave.
Workers Compensation and Unemployment Insurance: All BRAG employees
receive worker’s compensation and unemployment insurance coverage which are paid
for by BRAG.
Retirement Benefits

POLICY 4.2
A. All salaried employees working 30 hours or more per week as of the date of hire
are covered by the Utah State Retirement System. Temporary employees whose
planned employment does not exceed six (6) months will not be enrolled.
B. All contributions to the Utah State Retirement System are made by BRAG on
behalf of the employee.
The State Retirement System also offers a 401 (K) deferred savings program in
which BRAG is enrolled:
Employer – pays 8% of gross salary for employee
Employee contributions are optional within contribution limits.
C. BRAG does not pay or withhold for social security benefits for those employees
enrolled in the State Retirement Program. Those employees not eligible for the
State Retirement program are covered under Social Security.
Holidays

POLICY 4.3
1. The following holidays will be observed by BRAG. Offices will be closed,
except as otherwise provided by law. These days are subject to annual
review by the Governing Board.
New Year’s Day Pioneer Day
Martin Luther King Jr. Day Labor Day
Presidents Day Columbus Day
Memorial Day Veterans Day
Juneteenth Thanksgiving Day
Independence Day Christmas Day
2. If any of the above fall on a Sunday, the following Monday will be
observed as a holiday.
3. Any employee required to work on one of the above holidays will be given
another day off in lieu of that day.
4. A holiday occurring during any period in which sick leave is granted will be
computed as a paid holiday and not as sick leave.
5. All full-time regular salaried employees receive holiday pay.
6. Part-time regular salaried employees who normally work on the day on
which a holiday falls will receive holiday pay for that portion of the day
normally worked. Prorated based on the employees FTE.
7. Hourly employees will be paid only for the hours actually worked.
8. The Governing Board will be the final authority for interpretation of holiday
pay questions.
9. After six (6) months of continuous employment, regular employees shall
be entitled to take off one “personal preference day” per year at the
employee’s option but subject to advance approval by the department
head or supervisor. “Personal preference days” not used by the end of
each calendar year will be lost.
10. Temporary employees do not receive holiday pay.
Annual Leave/Vacation

POLICY 4.4
The Association provides paid vacation for rest and relaxation which we believe
is important for staffers’ physical and mental health. Staff members may not take
vacation days until after the first full month of employment.
1. Each regular salaried employee shall accrue annual leave at the following
rates:
a. One (1) month to ten (10) years of service — one (1) day per month
or twelve (12) working days per year.
b. Ten (10) years to fifteen (15) years of service — one and one fourth
(1 1/4) days per month or fifteen (15) working days per year.
c. Fifteen years or more — one and one half (1- 1/2) days per month
or eighteen (18) days per year.
2. An employee who starts work between the first (1st) and the fifteenth
(15th) of the month inclusive will accrue one day annual leave and one day
sick leave for that month. An employee who starts work between the
sixteenth (16th) and the last day of the month inclusive will accrue onehalf day annual leave and one-half day sick leave for that month.
Individual department heads will issue approval/disapproval on all annual
leave requests.
3. Except for the first month of employment, annual leave time may be taken
during the month from which it accrues, subject to all other provision of the
personnel policy.
4. The maximum annual leave which can be accrued is thirty (30) days or
240 hours.
5. An employee who is separated from employment shall be compensated
for all unused leave which he/she has accrued.
6. A holiday which falls during an employee’s annual leave shall be counted
as a paid work day and not as annual leave.
7. Persons hired on a temporary or contract basis shall not accrue annual
leave.
8. Part-time regular salaried employees shall receive annual leave on a prorata basis.
9. Compensation in lieu of annual leave will not be granted except in case of
termination.
10. Annual leave shall not accrue during leave-without-pay. For the month of
termination, accrual of annual leave will be reduced pro-rata according to
actual time worked and rounded to the nearest whole hour.
Sick Leave

POLICY 4.5
Sick leave provides time off with pay for employees who are temporally disabled
due to personal illness, injury, or incapacity; or for the illness, injury, or incapacity of the
employee’s dependents. IRS definitions will be used to define dependency.
1. Each regular salaried employee shall accrue sick leave at the rate of one
(1) day per month worked or twelve (12) days per year.
2. Sick leave shall accrue at the above rate with no limit as to the total
number of days which may be accrued. An employee may begin to use
this accrued leave after having completed one full calendar month of
satisfactory service. An employee may, at any time during a given month,
use the hours of sick leave which accrue from that month, subject to all
other provisions of the personnel policy.
3. Employees off work due to illness will be carried on the payroll in a leave
with pay status for time equal to but not to exceed the sick leave already
accrued. Any absence for illness beyond the accrued sick leave will result
in the employee being carried on the payroll on annual leave status until
all accrued annual leave has expired. Afterward, the employee may be
carried in a leave-without-pay status as outlined in the Family & Medical
Leave Policy.
4. Each employee absent due to illness should notify his/her supervisor in
the morning of the first day of absence by 8:15 a.m.
5. Employees will not be compensated for unused accrued sick leave upon
termination.
6. For the month of termination or any month in which leave without pay is
taken, accrual of sick leave will be reduced pro-rata and credited
according to actual paid-time, and rounded to the nearest quarter hour.
Accrual will continue during the times of paid leave.

7. Any application for sick leave which exceeds three (3) successive working
days may require support by a medical statement or certificate or other
acceptable evidence of illness or injury to support the absence. Abuse of
sick leave may be considered grounds for dismissal.

8. Persons hired on an emergency, hourly, temporary or contract basis shall
not accrue sick leave.

9. Part-time regular salaried employees shall receive sick leave on a pro-rata
basis.
10. All unused hours of accumulated sick leave will be lost upon termination
whether by lay-off or voluntary resignation.
11. Sick leave shall not accrue and cannot be used during periods of leave
without pay.
12. Exception to the above must be approved by the BRAG Governing Board.
Bereavement Leave

POLICY 4.6
One (1) to three (3) days, or a pro-rata lesser amount for part-time salaried
employees, at the discretion of the executive director or department head, may be allowed
for a death in the immediate family of a regular staff member. Criteria for the amount of
time off allowed include a variety of factors, including, but not limited to, the need for outof-town travel and responsibility for handling funeral arrangements. The term “immediate
family” includes the following: husband, wife, son, stepson, daughter, stepdaughter,
mother, stepmother, father, stepfather, brother, stepbrother, sister and stepsister, son-inlaw, daughter-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law,
grandmother, grandfather, aunt and uncle.
Any leave beyond three (3) days must be taken as annual/sick leave or leavewithout-pay.
Military Leave

POLICY 4.7
1. Military leave without pay may be granted for a period of active service. Any
employee leaving active military duty is authorized forty (40) days from the
active duty release date in which to request reinstatement to his/her position
or to a position with comparable status and compensation. Such
reinstatement is dependent upon a position vacancy. If the employee
declines an offer for a position vacancy, his/her reinstatement rights may be
canceled at the discretion of the executive director.
2. Eligible employees are entitled to military leave without loss of pay or loss
of accrued vacation leave, not to exceed fifteen (15) working days per year,
if ordered to annual training duty as a member of the National Guard or any
armed forces reserve unit.
3. Upon the employee’s return from military leave, the employee may submit
a claim to BRAG if the military pay during the period of leave, not to exceed
fifteen (15) days per year, is less than the amount he/she would have been
paid by BRAG. BRAG will pay the difference between the lower military pay
and current BRAG pay during the military leave period.
4. Leave without pay may be granted to regular salaried full-time and part-time
employees who enlist, are drafted, or are recalled to active service in the
armed forces of the U.S. in accordance with the provisions of applicable
federal and state law.
5. Employees entering the military service or serving as reservists or national
guardsmen as provided in paragraph one above may return with all
seniority, status, and pay they had at the time of departure, pursuant to the
following conditions:
a. The leave of absence may not exceed four (4) years from date of
entry (unless the employee is involuntarily retained).
b. Employee must have satisfactorily completed the period of active
duty and furnish a certificate to that effect.
c. If, due to service connected disability or for some other reason, an
employee is not qualified to perform all the duties of his/her former
position he/she will be placed in the closest comparable available
position for which he/she is qualified.
d. Application for reinstatement must be made within forty (40) days
after release from active military service.
e. Employees who are either voluntary or involuntary members of
reserve units of the military shall notify their supervisor at least four
(4) weeks in advance and shall indicate in writing their intentions and
anticipations with regard to participating in periods of active duty.
Such written notification shall be made part of the individual
employee’s personnel file.
Jury Duty & Subpoenaed Leave

POLICY 4.8
1. BRAG recognizes the obligation of employees to serve on juries or as court
witnesses. When a regular salaried employee is summoned to serve on a
jury or required by subpoena to appear as a witness, he/she shall be entitled
to regular compensation. The fees received, not including travel
reimbursement, for such duty, must be forfeited to BRAG.
2. Any regular salaried employee shall be granted leave of absence, if required
by subpoena, to appear as a witness for court proceedings involving federal,
state, or local government. Said employee shall be entitled to the difference
between his/her regular compensation and the compensation or fee
received as a witness.
3. Time absent by reasons of subpoena in private litigation shall be taken as
annual leave or leave-without-pay.
4. Employees are expected to report to work before and after jury service,
when possible, in order to give as much attention as possible to their regular
duties.
Workers Compensation

POLICY 4.9
Staffers are protected under the state workers compensation law against loss of
income due to injury or death that occurs during work activities. BRAG pays the entire
cost of the Workers Compensation insurance premium. Staffers must report all job related
accidents, injuries and illness immediately after experiencing symptoms. The insurance
carrier will determine the benefits, if any, the staffer deserves.
● REPORTING–Any employees injured on the job will report the injury
immediately to his or her supervisor, regardless of whether the injury is
minor or of no apparent significance.
● INCIDENT REPORT–An Incident Report will be completed promptly by the
supervisor to ensure documentation and expedite compensation. Failure
of a staff member to document job-related injuries may result in disciplinary
action, including termination. Reporting job-related injuries protects both the
organization and the employee.

Family & Medical Leave

POLICY 4.10
The purpose of this policy is to provide leaves of absence to eligible staff
members in accordance with the Family and Medical Leave Act of 1993.
This policy applies to all regular staff members who have worked at BRAG for at
least one year at the time the leave is requested.
Eligible staff may be granted up to 12 weeks unpaid leave in any 12-month
period…
● For the birth of a staff member’s child, or upon placement of a child with
the staff member for adoption or foster care. This leave will normally be
taken in one block of time unless special arrangements for “intermittent” or
“reduced work schedule” are approved by the executive director.
● When the staff member is needed to care for a child, spouse, or parent
who has a serious health condition.
● When the staff member is unable to perform his or her functions due to a
serious health condition.
Applicable accrued leave benefits must be substituted for all or part of any
otherwise unpaid FMLA leave. The total of paid and unpaid leave under this policy is not
to exceed 12 weeks.
For purposes of this policy, the following definitions will serve:
CHILD: Anyone under 18 years who is the staff member’s biological, adopted or
foster child, stepchild, legal ward or an adult legally dependent child. This may include a
child for whom the staffer has day-to-day responsibility.
PARENT: Biological, foster or adoptive parents, stepparents, legal guardians, or
any individual who stood in place of parents for a staff member when the staff member
was a child.
SPOUSE: A husband or wife as defined by applicable state law.
SERIOUS HEALTH CONDITION: An illness, injury, impairment, or physical or
mental condition that involves inpatient care, or any period of incapacity requiring
absence from school or work of more than three calendar days and involving continuing
treatment by a health care provider.
Procedure for Requesting Family or Medical Leave
1. A request for FMLA Leave of Absence form must be completed by a staff
member requesting leave, and submitted to their department head 30
days before commencement date. If 30 day advance notice is not
possible, FMLA leave must be given as soon as possible.
2. When the leave is due to a staff member or family member’s serious
health condition, the staff member must provide a Certification of Serious
Health Condition form completed by the health care provider.
3. Recertification of the serious health condition may be required during
leave.
4. While on leave, staffers are required to contact their department head
every 15 days to advise BRAG of any change or improvement in
condition.
5. When the leave is for planned medical treatment, the staff member must
attempt to schedule the treatment so as not to disrupt staff operations.
Status of benefits During Leave
During leave under this policy, the staff member is responsible for any insurance
payments normally deducted through payroll. Prior to leave, the Controller/Personnel
Manager will explain the payment obligations to the staff member.
If a staff member fails to return to work at the end of the leave, the Association
may recover from the staff member the cost of any payments made to maintain the staff
member’s coverage, unless the failure to return was beyond his or her control.
A staff member on leave will not lose any employment benefits accrued prior to
leave, unless a benefit is used by the staff member during the leave, such as accrued
annual or sick leave. Sick and annual leave and seniority does not accrue while a staff
member is on family and medical leave.
Return to Work
Before being permitted to return to work from a leave for the staff member’s own
serious health condition, the staff member will be required to provide certification from
his or her health care provider that he or she is able to resume work.
Upon return from leave, most staff members will be reinstated in the following
priority of position reassignment: if available, the same position held before leave, or
reassignment to an equivalent position with equivalent pay, benefits and other
conditions of employment.
If possible, staff members on leave should notify their supervisor at least two
weeks before the end of the leave to inform BRAG of availability to return to work.
Failure to return from leave, or failure to contact a department head or the
executive director on the scheduled date of return, may be considered voluntary
termination of employment.
Paid Administrative or Emergency Leave

POLICY 4.11
Paid administrative or emergency leave is granted by the Executive Director or designee
in the Director’s absence. Administrative or emergency leave may be granted to all
regular employees. During States of Emergency, or at other times when the Utah
Retirement System waives the requirements of Utah Code 49-12-102, paid administrative
or emergency leave will be available to all current employees. Administrative or
emergency leave is recorded as “Other Leave” on the BRAG time sheet.
1. Administrative or emergency leave will not be charged against the employee’s
annual, sick or compensatory leave balances.
2. Employees are eligible to take administrative or emergency leave only if they
are actually working at the time administrative or emergency leave is granted
and for the specific purpose such leave is granted, if any. Employees who are
already off work or on any other type of leave will not be eligible for
administrative or emergency leave. In addition, administrative or emergency
leave may only be claimed and taken at the specific time granted even if an
employee must remain working in fulfillment of job responsibilities.
3. Administrative or emergency leave may be granted under, but not limited to,
the following conditions:
a. Hazardous conditions, including foul and dangerous weather conditions,
where it appears that travel may be treacherous or unsafe.
b. During declared States of Emergency or Disaster on either the local,
state or federal level.
c. When supply chain disruptions make it impractical to compete assigned
work.
4. The Executive Director may impose administrative leave pending the
investigation of employee misconduct as dictated in section 5.4. Administrative
leave under this section is not a disciplinary measure.
Performance
& Discipline

CHAPTER FIVE
Disciplinary Philosophy

POLICY 5.1
The Bear River Association of Governments uses progressive discipline to ensure
staff compliance with performance standards, ethics and conduct. Except in cases of
repeated willful or flagrant violations of these standards, a supervisor will not resort to
formal disciplinary measures until informal attempts to correct the problem have failed. If
a supervisor finds it necessary to use formal disciplinary measures, it is intended that the
discipline be administered fairly, without prejudice and only for cause.
Disciplinary actions are of several levels, including oral and written warnings,
disciplinary probation, suspension and termination. The frequency and/or severity of
misconduct determines which level of disciplinary action is required.
Progressive discipline is not required for all offenses. BRAG reserves the right to
terminate staffers for commission of serious infractions, regardless of progressive
discipline guidelines or counseling.
Warnings

POLICY 5.2
Documentation of both oral and written warnings will be signed by the supervisor
and the staff member and kept in the staff members personnel file. If an employee
refuses to sign, the supervisor should have a witness sign that a copy was given to the
employee. The staff member’s signature indicates receipt of the document, but not
necessarily his or her agreement with it. This document should include identification of
the date, violation, indication of necessary improvement and information concerning
further disciplinary action that could result from failure to show improvement.
Disciplinary Probation

POLICY 5.3
A staffer may be placed on disciplinary probation by the supervisor in order to
allow the staffer to show improvement on the problem(s) specified at the time of
probation.
The disciplinary probation period begins when the supervisor provides the staffer
with a written–and signed– document which:
1. Identifies the problem(s);
2. Indicates the necessary improvement;
3. Specifies length of probation period;
4. Informs the staffer of further disciplinary action which could result from
failure to show satisfactory improvement within the specified probation
period.
Suspension

POLICY 5.4
The Executive Director may impose suspension if the conduct of an employee, in
the sole discretion of the Executive Director, endangers the peace and safety of others,
or poses a threat to the public interest.
The executive director may suspend a staffer for disciplinary reasons without
pay. A staffer who is suspended will be given written notice of the reasons for the
action, and a copy will be made a part of the staffer’s personnel record.
Staffers can be suspended for incidents that merit termination if the staffer’s
participation is suspected, but unclear. Under these circumstances, the executive
director can suspend the staffer with pay while an investigation is conducted.
The period of suspension shall not be longer than is reasonably necessary to
complete the investigation into the alleged misconduct.
Supervisors will meet formally with suspended staffers upon their return to work,
and define clearly and specifically the improvements in job-related behaviors required
as a condition of the staffer’s continued employment. This meeting will be documented
and records of it submitted to the executive director. A copy of the suspension records
will also be added to the staffer’s personnel file.
Dismissal

POLICY 5.5
Dismissal occurs when other disciplinary action has failed to achieve
improvement or when the staffer commits a serious offense. Prior to dismissal, the
executive director should assure that the staffer has been properly counseled in writing
concerning any deficiencies in performance, given sufficient time to correct these
deficiencies, and informed that failure to correct them may result in termination.
However, some offenses warrant immediate dismissal. These include but are not
limited to:
1. Theft–including, but not limited to, the removal of BRAG property or the
property of another staffer from BRAG premises without prior
authorization.
2. Drug/Alcohol–possession, use, sale, purchase or distribution on BRAG
property of alcohol or any illegal drugs or illegally possessed drugs. Also:
reporting to work after having ingested alcohol or illegal drugs or illegally
possessed drugs, in a condition that adversely affects the staffer’s ability
to safely and effectively perform his or her job functions, or which would
imperil the safety of other staff. (Also see Drug-Free Workplace Policy)
3. Falsifying or altering BRAG records.
4. Sabotaging or willfully damaging BRAG equipment or the property of other
staff members.

5. Walking off the job without supervisory permission.
6. Insubordination involving, but not limited to, defaming, assaulting or
threatening to assault a supervisor, and refusing to carry out the order of a
supervisor where personal safety is not a problem.

7. Absence for three consecutive working days without proper notice, in
which event the offending staffer will be deemed to have quit voluntarily.
Drug-Free Workplace

POLICY 5.6
The purpose of this policy is to insure a drug-free workplace in accordance with
federal regulation and to notify all employees of Bear River Association of Governments
(BRAG) that unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in BRAG’s workplace. This policy specifies the
actions that will be taken against employees for violation of such prohibitions.
A drug-free awareness program utilizing periodic staff meetings and employee
orientation is established by this policy to inform employees about the following:
1. The dangers of drug abuse in the workplace;
2. BRAG’s policy of maintaining a drug-free workplace;
3. Any available drug counseling and rehabilitation programs; and
4. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
Any employee convicted of any criminal drug statute violation occurring in the
workplace must notify the BRAG Executive Director no later than five days after such
conviction.
BRAG will notify the proper federal agencies, including the HUD Denver Regional
Office within ten days after receiving notice in accordance with this policy or otherwise
receiving actual notice of such conviction.
One of the following actions will be taken by the BRAG Executive Director and/or
Chairman within 30 days of receiving notice from an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination of employment; or
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purpose by a
Federal, State, or local health, law enforcement, or other appropriate
agency.
In order to promote and maintain a drug-free workplace, BRAG reserves the right
to require drug testing of any employee as is allowed by law. Such testing may be at
random through established procedures that do not unfairly target any employee or
group of employees, or for any of the following events:
1. Reasonable suspicion,
2. Transfer or hire to a highly sensitive position,
3. Critical incident,
4. Post-accident,
5. Return to duty, and
6. Follow up.
Layoffs

POLICY 5.7
The Association intends to minimize the negative impact on current staffers if a
reduction in the work force becomes necessary. However, from time to time, cutbacks
or reductions may be unavoidable due to forces beyond its control. In some cases, a
program may have to be reduced in size or terminated entirely if funds for its operation
are no longer available or if reorganization becomes necessary. If this type of cutback
must occur, BRAG will reduce staff progressively, using the following steps:
● Voluntary reductions in the work force. This includes staff who take early
retirement, leaves of absence or reduction in hours.
● Attrition
● Part-time positions may be terminated prior to full-time positions.
● An attempt will be made to transfer staffers from terminated positions to
other vacant positions within the organization if the staffer can meet the
qualifications of the position and has satisfactory performance evaluations.
● In determining which regular staff are laid off, the executive director may
implement a seniority system giving consideration to factors such as, but
not limited to, the following:
a. Special training
b. Performance evaluations
c. Job specialty and responsibilities
d. Supervisor input
The executive director will provide notice to staffers affected and inform them of
the beginning date of layoff. The staff member will be paid for unused accrued vacation.
Any staffer who believes he or she is treated unfairly during layoff procedures may file a
complaint using the grievance procedure outlined in this section.
Resignation

POLICY 5.8
Staffers who voluntarily resign from their positions at BRAG are requested to give
at least two weeks notice in writing of their intent to resign. At the option of the executive
director, such staffers may be given two weeks pay and may be required to discontinue
work immediately, in lieu of working during the two-week notice period. Such
circumstances will not extend insurance coverages beyond the last day actually worked.
Final Pay

POLICY 5.9
Staffers who leave the service of BRAG for any reason shall receive all pay
which may be due them, with the following qualifications:
1. Regular staffers will be paid for all unused vacation days up to the
maximum accruals allowed.
2. Regular staffers who are dismissed after committing a criminal offense
against the Association, or for other gross violations of BRAG policies as
determined by the executive director, may not receive vacation payout.
3. Regular staffers who give fewer than 10 working days notice of resignation
shall forfeit their accrued vacation unless mutual agreement is reached
between the executive director and the staffer.
4. Separation date for all staffers is the last day of actual work or approved
leave. Final pay received by a staffer will not be construed to extend his
or her employment with BRAG beyond the separation date.
5. Failure to return BRAG issued equipment, keys, materials, or other items
will result in delay of final pay until all BRAG property is returned. If these
items are damaged or missing, their value may be deducted from the staff
member’s final check.
6. Staffers will be advised of their rights under the Consolidated Omnibus
Budget Reconciliation Act of 1986 (COBRA). This act entitles staffers and
their dependents to continue their coverage under the Association’s health
plan at their own expense, but at group rates–for up to 18 months after
they leave. Information will be sent by the Association’s COBRA
administrator.
Grievance Procedure

POLICY 5.10
Any staff member who has a complaint concerning disciplinary action,
termination, demotion, denial of promotion or merit increase, layoff or discrimination
based on a category–i.e., race, age, disability–recognized by federal and state civil
rights laws has the right to file a grievance according to procedures outlined in this
policy.
No staff member will be discriminated against, harassed, intimidated, or suffer
any reprisal as a result of filing a legitimate grievance or participating in the investigation
of a grievance. If a staffer feels that he or she is being subjected to any of the above,
that staffer has the right to appeal using the steps outlined in this policy.
First, staff members should attempt to resolve the problem informally with their
immediate supervisor as soon as possible. If a solution cannot be reached, the
department director should be informed and involved. If a solution still cannot be
reached, the staff member may present a formal grievance, in writing, to the executive
director.
The executive director can attempt to resolve the grievance by him/herself or if
appropriate may choose to involve staff members, advisory council members, governing
board members or others. If the complainant is still not satisfied, the executive director
will submit the grievance to the Chairman of the Governing Board who will empanel the
Chair, Vice Chair and Governing Board representative from the third county to hear the
complaint. This “Grievance Review Committee” will not hear or consider any employee
grievance that has not been considered by the three outlined staff levels of review.
Upon reaching a decision, the Grievance Review Committee will notify the complainant
and the executive director in writing.
The grievance review committee may provide direction to the executive director
as appropriate and/or make recommendations to the full Governing Board only if
necessary.

The levels of review in the order they must be followed are:
1. immediate supervisor
2. department director
3. executive director
4. Governing Board Chairman and Grievance Review Committee
All complaints will be handled in a timely manner. As a goal, BRAG will attempt
to resolve a complaint within 20 working days from the time of its initiation. If an
extension of the time limit becomes necessary, all involved parties will be notified.
Abandonment of Job

POLICY 5.11
Staffers who miss work for three consecutive days without notifying their
supervisor, or have three consecutive days of unexcused absences, are considered to
have resigned their jobs.