Kent County, DE Policy Manual
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Table of Contents
Table of Contents
Kent County Code References
§ 68-7 — Vacancies, recruitments and appointments.
§ 68-8 — Eligibility lists.
§ 68-9 — Probation.
§ 68-10 — Transfers, promotions and demotions.
§ 68-14 — Disciplinary action.
§ 68-15 — Tenure of service.
§ 68-16 — Procedure of appeals.
§ 68-17 — Resignation and reemployment.

§ 9-1 Reclassifications; new positions.

[Adopted 3-29-1989 (P-31)]
Requests from department managers or elected officials to reclassify existing positions or to approve new positions in the classified or unclassified service may be submitted for review and recommendation by the Levy Court at any time, but will only be considered for funding during the preparation of the County's operating budget for the forthcoming fiscal year.
Exception. A majority of the Levy Court meeting in committee may recommend and, upon receiving said recommendation, the Levy Court may vote to waive this Policy if an emergency arises or unusual circumstances develop during the fiscal year which clearly indicate that the strict implementation of this Policy is not in the best interest of the County.

§ 9-2 Preemployment physicals.

[Adopted 2-27-1990 (P-36)]
Due to the physical requirements of some County positions, the Personnel Director may require persons offered certain positions to submit to a preemployment physical examination. If the results of the physical examination indicate the individual is or will be unable to perform the required duties of the position, with or without accommodation, the potential employee will be notified and not hired for the vacant position.
The following will be the procedure:
The prospective employee shall obtain a medical history form from the Personnel Office, together with a letter from the Personnel Director stating the duties the person will be performing for Kent County, to present to the Kent Medical Center when reporting for the applicant's physical.[1]
Editor's Note: Samples of the medical history form and statement of duties are available in the County offices.
After the completion of all tests, the results (medical history form) and a release form (signed by the applicant) are returned to the Personnel Office by the physician performing the examination.
All preemployment physicals will be administered by a licensed practicing physician selected by Kent County. At a minimum, the examination shall include the following:
Description of Exam
Office visit, including medical history review
Chest x-ray
Professional over-read of chest x-ray
Urine dip
CDC (complete blood count)
Venipuncture (drawing of specimen)
Drug and alcohol screen
Lumbar spine x-ray (limited or extensive)
Physical agility exam
If a potential employee disagrees with the initial diagnosis of the physical examination, he/she may seek a second opinion at his/her own expense. If, after review, the second opinion contradicts the diagnosis of the first physician, a third medical review may be undertaken at the County's expense and the diagnosis of the third review shall be final. If the third diagnosis confirms that of the second opinion, the County shall reimburse the employee the cost for the second opinion. If no third medical review is sought, the County can accept the second and reimburse the employee the cost.

§ 9-3 Applicant background review.

[Adopted 1-27-1998 (P-71)]
This Policy establishes a procedure for the conduct of criminal background investigations for successful applicants for Kent County positions.
As part of the post-offer, preemployment process, all successful applicants for full-time or part-time County positions shall undergo a criminal background investigation in order to establish qualification for public trust and protect fellow employees from potential harm.
Volunteers, interns, paid seasonal or unpaid County positions, including but not limited to athletic coaches, playground attendants, lifeguards, human services interns, etc., that offer an opportunity to privately counsel, advise, coach or instruct children, the handicapped or older adults shall also undergo a criminal background investigation.
Those applicants found to have a criminal record must undergo an additional review process conducted by the Personnel Director and County Administrator before any final offer of employment may be extended. The relevance of the criminal record shall be examined to determine if it will have an adverse impact on performance or place the County or its citizens at potential risk.
If an applicant refuses to cooperate in the background investigation or is determined to be unqualified for a position due to his or her criminal record, the applicant shall not be offered the position or, if hired in an emergency, temporary, or probationary position, shall be terminated. The applicant shall be advised of the determination and may request reconsideration and a personal interview with the Personnel Director and County Administrator.
The criminal background investigation shall be in addition to reasonable and routine personal and professional reference checks, education and professional certification/license verification, driving record search, etc.
The Personnel Office shall be responsible for ensuring that the criminal background investigation is completed and that evidence of same is retained within the employee's confidential file.

§ 9-4 Employee departure procedure.

[Adopted 2-24-1998 (P-69)]
This Policy establishes a procedure to conduct exit interviews with persons terminating employment with Kent County. Exit interviews are necessary to insure the return of County property and determine reasons for departure.
On or near the last day of active employment with Kent County, permanent full-time and permanent part-time employees shall participate in an exit interview conducted by the Personnel Office.
Employees terminating County employment shall return all County property during the exit interview, including but not limited to keys, communication devices, computers, vehicles, identification badges, charge cards, etc. The employee shall sign a statement including a list of returned County property certifying that all such property has been returned.
Employees terminating County employment who fail to return all County property in their possession or assigned to them will reimburse the County the full value of the missing County property or be subject to prosecution to the fullest extent of the law.
The Personnel Office shall acknowledge receipt of all returned County property and return the property to the appropriate County department.
Employees terminating County employment will be asked to complete a questionnaire or answer questions which could assist the County in determining the reasons for turnover. The Personnel Office shall annually report the turnover rates for the County to the Levy Court, including the reasons given during the exit interview process.

§ 9-5 Employee references.

[Adopted 9-24-1996 (P-62)]
This Policy provides guidance to supervisors and employees when requests for personal or professional references or information are received by mail, telephone or in person.
It is the policy of Kent County Levy Court not to give references, whether favorable or unfavorable in nature, for former employees, unless the former employee has submitted a duly signed Kent County Reference Waiver Form or a consent form supplied by the prospective employer.[1]
Editor's Note: The Reference Waiver Form is available in the County offices.
Unless a signed Reference Waiver Form or consent form has been submitted, the Kent County Personnel Office will verify only dates of employment, final salary and job title.
Supervisors or employees who receive requests for verification of employment or general information regarding former employees must refer such requests to the Personnel Office.
Reference Waiver Forms are available at the Personnel Office or may be completed at the time of termination of employment and maintained in the former employee's file.
When a duly signed Reference Waiver Form or consent form is submitted, supervisors and employees are to provide only job-related information and answer questions truthfully and accurately.