Court filing
Exhibit FED Personnel Policy - Exhibit D — USA v. Thomas et al. (Dkt. 563-4, N.D. Ga.)
Filed September 6, 2022 in USA v. Thomas et al.; one of 41 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2022-09-06 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 563-4 · 2022-09-06 · Docket on CourtListener
Full text
Feeding Everyone Daily Personnel Policy 2021 1 | P a g e Personnel Policy Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 1 of 37 Feeding Everyone Daily Personnel Policy 2021 2 | P a g e Feeding Everyone Daily Personnel Policy TABLE OF Contents Feeding Everyone Daily Personnel Policy ................................................................................................. 2 PURPOSE: ..................................................................................................................................................... 5 POLICY: .......................................................................................................................................................... 6 CONDITIONS:............................................................................................................................................ 6 PROCEDURES: .......................................................................................................................................... 6 CONFIDENTIALITY STATEMENT: ........................................................................................................... 7 PLEDGE OF CONFIDENTIALITY: ............................................................................................................. 7 Mission Statement: ....................................................................................................................................... 8 Vision Statement: .......................................................................................................................................... 8 2. Employee Categories .......................................................................................................................... 10 A. Regular Employees .................................................................................................................... 10 B. Temporary Employees and Volunteers ..................................................................................... 10 C. Independent and Adjunct Personnel ........................................................................................ 10 3. Employment ........................................................................................................................................ 11 A. Probation .................................................................................................................................... 11 B. Performance Evaluation ............................................................................................................ 11 C. Unsatisfactory Performance ..................................................................................................... 12 D. Release ....................................................................................................................................... 12 E. Appeals ....................................................................................................................................... 13 F. Promotion/Transfers – Open Positions ..................................................................................... 14 Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 2 of 37 Feeding Everyone Daily Personnel Policy 2021 3 | P a g e G. Resignation................................................................................................................................. 14 H. Threats to Organizational Viability ............................................................................................ 15 4. Hours and Compensation ................................................................................................................... 16 A. Regular Work Week ................................................................................................................... 16 B. Straight-Time and Overtime ...................................................................................................... 16 C. Signing-In Policy ......................................................................................................................... 16 D. Calling-In Policy .......................................................................................................................... 17 E. Lateness ...................................................................................................................................... 17 F. The Pay Period ............................................................................................................................ 18 G. Professional Activities ................................................................................................................ 18 5. Paid Leaves and Time Off .................................................................................................................... 19 A. Holidays ......................................................................................................................................... 19 B. Floater Holidays ............................................................................................................................ 19 C. Vacation (effective 1/1/2021) ...................................................................................................... 20 D. Sick Leave (effective 1/1/2021) ................................................................................................... 21 E. Funeral and Religious Holiday Leave ........................................................................................ 21 F. Jury Duty ..................................................................................................................................... 21 6. Unpaid Leaves and Time Off ............................................................................................................... 22 A. Leaves of Absence and Rehire Policy ....................................................................................... 22 B. Family and Medical Leave (FMLA) ............................................................................................ 22 C. Military Leave ............................................................................................................................. 24 D. Return to Position ...................................................................................................................... 25 7. Staff Conduct....................................................................................................................................... 26 A. Sexual Harassment .................................................................................................................... 26 B. Conflict of Interest ..................................................................................................................... 27 C. Political Activity .......................................................................................................................... 27 D. Solicitation .................................................................................................................................. 27 E. Substance Abuse Policy ............................................................................................................. 28 F. Other Employment .................................................................................................................... 28 G. Honoraria .................................................................................................................................... 28 H. Gratuities .................................................................................................................................... 29 I. FED Property and Proprietary Information .............................................................................. 29 8. Ethics and Confidentiality ................................................................................................................... 30 Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 3 of 37 Feeding Everyone Daily Personnel Policy 2021 4 | P a g e A. Confidential Maintenance of Personnel Records..................................................................... 30 B. Participant Confidentiality ......................................................................................................... 30 C. Non-Discrimination .................................................................................................................... 31 D. Affirmative Action Policy ........................................................................................................... 31 E. Uniformity of Rules and Regulations ........................................................................................ 31 9. Employee Health and Safety ............................................................................................................... 32 A. Organizational Health Policy ..................................................................................................... 32 ❖ Employee Accidents and Safety ................................................................................................ 32 ❖ Fire and Disaster Plans ............................................................................................................... 32 ❖ Americans With Disabilities Act ................................................................................................. 33 ❖ Smoke-Free Policy ...................................................................................................................... 33 ❖ Personal Property ...................................................................................................................... 34 ❖ Snow & Emergency Closures ..................................................................................................... 34 ❖ Transporting Participants .......................................................................................................... 34 10. Weapons Policy ............................................................................................................................... 36 11. Information Systems Procedures and Policies ................................................................................ 37 A. Internet Access and Usage Policy: ............................................................................................ 37 Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 4 of 37 Feeding Everyone Daily Personnel Policy 2021 5 | P a g e PURPOSE: Information concerning personnel, clients, and business activities of Feeding Everyone Daily, Inc. (FED) is privileged and confidential. The Feeding Everyone Daily is a community based nonprofit organization in Blythewood, SC, and will operate there while applying for nonprofit status under Title 501 c 3. Feeding Everyone Daily Inc. was established in 2020 by Amanda Christian, the Founder, and President, to operate exclusively to Provide, process, and distribute food, financial education, and knowledge about physical health choices locally to individuals and families in need while coordinating with local farms and other experts help participants learn the field of agriculture and earn an income respectively for their future families. FED, Inc. was created exclusively for the purposes of providing, and distributing food locally to individuals and families in emergency need. FED, Inc. will also support individuals with financial education and knowledge about physical health. FED, Inc. will collaborate with local farms, food hubs, educators, and other experts to distribute and deliver their produce and other services daily. FED, Inc. will collaborate with local farmers and educators to implement educational programs for program participants in need of job skills and empower them to begin their journey of success within their communities. For such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501 c 3 of the Internal Revenue Code, or the corresponding section of any future federal tax code. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 5 of 37 Feeding Everyone Daily Personnel Policy 2021 6 | P a g e POLICY: All personnel shall not copy, read, discuss, or distribute any portions of confidential information to another person without authorization from the President/Executive Director or by resolution of Feeding Everyone Daily Inc. Board of Directors or the designated supervisor. No case record, personnel record, including remuneration, or any portion thereof shall be made available, and no report shall be made on any person unless: • required by law to do so, such as being subpoenaed, when an incident of child abuse is disclosed, or a person is harming or is threatening to harm themselves or others • it is necessary for providing services to the client, and the person has given permission, in writing for such information to be disclosed. • it is essential for providing a reference for a former employee, and the person has given permission, in writing for such details to be informed • it is necessary for the proper administration of the Organization in general, and there is nothing in the information which will identify the person or any other person • it is information regarding personnel requested by a funding body or federal or provincial reporting agency, and at the discretion of the President/Executive Director or by resolution of the Board of Directors, it is deemed necessary that such information be released CONDITIONS: 1. The President/Executive Director will designate a person(s) to review requests to release confidential information. Established and written procedures allowing such information to be released will be used. 2. When authorized, information shall be shared on a need-to-know basis. PROCEDURES: 1. Upon hiring, all staff is required to sign a Confidentiality Disclosure Statement, and one copy is placed in their personnel file, and another copy is given to the person. 2. When confidential information is requested, personnel must state that they are not authorized to release any information concerning personnel, program participants, or corporate business. Employees should then refer the individual requesting information to the President/Executive Director or appropriate supervisor. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 6 of 37 Feeding Everyone Daily Personnel Policy 2021 7 | P a g e 3. Information requests from newspapers and other public news organizations should be referred to the President. Staff will not make any public comments without prior approval. 4. A breach of confidentiality will result in legal and disciplinary action up to and including dismissal. CONFIDENTIALITY STATEMENT: All matters and information about clients, personnel, and Feeding Everyone Daily' that have been gained within FED, must be treated as confidential. Under no circumstances may client, personnel or confidential organization information be divulged either inside or outside the Organization other than to persons authorized to receive such information during their duties, except as agreed by the client or employee. Under no circumstances will any person working in or for FED use any such information to his/her personal advantage. Violation of this policy may result in dismissal. PLEDGE OF CONFIDENTIALITY: I, _____________________________________have read and reviewed the Feeding Everyone Daily Program policy including the Confidentiality statement above and have had it explained to me. I understand that all participant, personnel, and organization information to which I may have access is confidential and is not to be communicated except as outlined in the policy. Other legal obligations or responsibilities superseded this policy. I know that it applies to me while I am in the working environment of FED, and the confidentiality requirement will continue after I leave that service. Furthermore, I______________________________ (print name) do swear or affirm that I will not disclose or use for self-gain or make known any matter or thing which comes to my knowledge by reason of my employment except in so far as I am authorized by the President/Executive Director. My signature below also acknowledges that I have received the personnel policy for my review and possession, and I will maintain and uphold the policy and procedure of FED during my employment. Signed and delivered in the presence of: ______________________________________ _______________________ Signature of Personnel Date _____________________________________ ________________________ _____________________ Name of Witness (print) Signature of Witness Date Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 7 of 37 Feeding Everyone Daily Personnel Policy 2021 8 | P a g e Mission Statement: Feeding Everyone Daily, Incorporation is organized exclusively to provide, process, and distribute food, financial education, and knowledge about physical health choices locally to individuals and families in need while coordinating with local farms and other experts help participants learn the field of agriculture and earn an income respectively for their future families. Vision Statement: At Feeding Everyone Daily Inc. (FED), we have multiple goals: we will address the growing emergency provisions needed for individuals and families pertaining to local distribution of food. FED, Inc. will also support individuals with financial education and knowledge about physical health. FED, Inc. will collaborate with local farms, food hubs, educators, and other experts to distribute and deliver their produce and other services daily. FED, Inc. will collaborate with local farmers and educators to implement educational programs for program participants in need of job skills and empower them to begin their journey of success within their communities. FED, inc. will prove to be one of our program participants' most important resources for emergency needs and supportive services in the community. FED's goal is to address the struggles of individuals and families in our communities and assist them in being successful in life. Feeding Everyone Daily Incorporation Locations: • Primary Location: 118 Pine Loop Drive, Blythewood, SC 29016 • Future Additional Location/Space: Multiple locations/sites in and around Blythewood, SC Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 8 of 37 Feeding Everyone Daily Personnel Policy 2021 9 | P a g e 1. Feeding Everyone Daily INC. Organizational Overview Feeding Everyone Daily, Inc. (FED) recognizes that for its vision to become a reality and to be successful in accomplishing its mission, FED must be able to attract and maintain qualified, dedicated, and motivated staff. FED, Inc. respects and appreciates each employee's importance and is committed to making the work experience a rewarding and fulfilling part of your life. FED believes that understanding the personnel policies is an essential step in creating such a work environment. Accordingly, this Personnel Policy Manual is designed to provide you with information about working conditions, employee benefits, and some of the policies affecting your employment and your work environment. You should read and comply with all provisions of the Manual. It describes many of your responsibilities as an employee and outlines the programs developed by FED to benefit employees. These Personnel Policies restate the practices and policies of Feeding Everyone Daily (the Organization) concerning its employees and the benefits the Organization provides for employees as the cover page's adoption date. The Policies constitute a source of information for the Organization's employees; they are not intended to create a contract or contractual rights in favor of the Organization or any employee. There is no guarantee of continued employment for any period to time. Policies will periodically change as the Organization and other circumstances' needs and interests make necessary or appropriate. While the Organization will endeavor to keep its personnel reasonable informed as to the Policies' status, it retains the rights to change the terms of the Policies at any time without advance notice. Employees will be notified of changes/revisions for their Manual to be kept current. Subject to the board of directors' supervision and the President/Executive Director of the Organization is delegated. It will have the full power and responsibility for managing the Organization's employees, implementing the Personnel Policies, and administration all matters relating to personnel. The President will have the right to delegate to leading staff any portion of her authority in employee and personnel matters. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 9 of 37 Feeding Everyone Daily Personnel Policy 2021 10 | P a g e 2. Employee Categories A. Regular Employees All employees who have successful completed the probationary period provided for in Section 4 and who are not included in the categories provided for in Section B and C shall be full-time or part-time regular employees, as follows: 1. All employees who are employed regularly to work 40 or more hours per week shall be full-time regular employees and entitled to all employee benefits. 2. All employees who are employed regularly to work 25 or more, but less than 40 hours per week shall be part-time regular employees. They shall not be entitled to any other benefits provided to full-time employees. B. Temporary Employees and Volunteers All employees engaged in working less than 20+ hours per week shall be temporary employees and shall not be entitled to any benefits or paid or unpaid Leave. Temporary employees must work the same schedules as Feeding Everyone Daily Inc. regular employees with one (1) hour for lunch. Part-timers will be paid according to the hours worked, with one (1) hour for lunch. Volunteers can work 16+ hours will receive no benefits and occasionally may be compensated with a stipend and incentive for their services. C. Independent and Adjunct Personnel 1. Other than independent contractors, all persons engaged to perform limited and specific tasks or functions for a little and time or duration shall be adjunct employees and shall not be entitled to any benefits or paid or unpaid Leave. 2. Independent contractors engaged by the Organization shall not be considered employees for any purpose and shall not be entitled to employment benefits. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 10 of 37 Feeding Everyone Daily Personnel Policy 2021 11 | P a g e 3. Employment A. Probation 1. All employees shall be on probationary status during the first 90 days of their employment with the Organization. Probation may be extended beyond the first 90 days. Any employee on probationary status may be dismissed at the sole discretion of the President. During the first 60 days of probationary status, the dismissal shall be without a hearing of any kind. During the next 30 days, the President may, upon the employee's request and prior to discharge, provide the employee with an opportunity to appear before the President and discuss the proposed dismissal, provided that the decision as to release shall remain in the sole discretion of the President, without further hearing or appeal. 2. Except for employees and staff covered by Sections B and C, all employees whose employment the Organization continues after completing a satisfactory probation period evaluation shall become regular employees. 3. Newly hired employees will be permitted to apply for a new position within the Organization or its affiliates once they have satisfied the probationary period. When applying for a new job, the employee must notify his/her supervisor and follow the current process for applying for such unique positions. A resume and memo indicating the position the employee is applying for must be sent to personnel. With the President's approval, an employee may apply for a new job before the completion of their probationary period. B. Performance Evaluation All employees shall receive a review of their job performance by the President of the Program Director after their probation. In the end of an extension of probation is requested. In addition, semi-annual or at least an annual performance evaluation will be given. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 11 of 37 Feeding Everyone Daily Personnel Policy 2021 12 | P a g e C. Unsatisfactory Performance Unacceptable job performance, behavior, or conduct may result in disciplinary actions up to and including discharge, as described in this FED Personnel Policy Manual. If unsatisfactory job performance is noted by the President or Program Director, the following steps will be taken to correct the situation. The employee's supervisor will initiate a discussion with the staff member. A written description of the existing problem will be included in the employee's personnel file, signed by the staff member and the President. Suggestions for correction and time limit will be included. 1. If improvement does not appear within the time stated, step one may be repeated, with the additional possibility of suspension without pay, based on the issue's seriousness. 2. Should there be no satisfactory resolution, the employee may be suspended or dismissed for cause. An employee may appeal such disciplinary actions in accordance with the appeal procedures described in subsection E. D. Release 1. South Carolina is an at-will employment state, and that statute governs FED Therefore, FED President may terminate the employment of any employee of FED: a. If, because of the termination or conclusion of any of FED's programs or a change in any functional aspect of the Organization's activities, the President believes that the employee's services are no longer required. b. If, because of the termination or conclusion of FED's programs, a change in the Organization's funding or financial status or other budgetary or financial considerations, the President believes that the employee's continued employment is not financially feasible or practicable for the Organization. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 12 of 37 Feeding Everyone Daily Personnel Policy 2021 13 | P a g e c. If, on account of mental or physical disability, the employee shall fall or become unable to perform the services and duties required of their employment with reasonable accommodation and have exhausted all allowable leave time under the Family and Medical Leave Act. 2. The Organization shall give an employee released under Subparagraph's provisions (1) hereof 14 days prior written notice of release. E. Appeals 1. Any regular employee may appeal a discharge or other disciplinary action as follows: a. Within three (3) workdays after giving written notice of an appealable action, the employee may present a written statement of appeal to the President. The President shall render a written decision thereon to the employee not later than 14 days after that. The President may not delegate his or her responsibilities under this provision to any other person. b. Not later than seven (7) workdays after an adverse decision by the President under Subparagraph (1) hereof, the employee may appeal the President's decision to the Board of Directors by presenting a written statement of such an appeal to the President. Its decision shall be rendered in writing to the President and the employee not later than ten workdays after the hearing. Such a decision shall be final and binding. 2. The written statement of appeal required in Subparagraph A hereof shall be signed by the employee, state that it is an appeal, and describe the action from which the appeal is taken. The statement need not be in any form and shall generally state the reasons for the appeal. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 13 of 37 Feeding Everyone Daily Personnel Policy 2021 14 | P a g e 3. In proceedings on appeal before the President under Subparagraph A hereof, the employee shall have the right to be heard, present evidence, be accompanied by a representative, and participate. F. Promotion/Transfers – Open Positions Feeding Everyone Daily Inc. encourages its employees to apply for open positions within the Organization. The selection of an individual to fill the open position will be based upon the individual's qualifications and job performance. The necessary procedures to follow include: • Inform the Program Director or President of your intentions. • Submit an updated resume and a cover letter or memo indicating the open position you are applying for along with salary requirements to the President; and • Also, include a copy of the open position notice and your current position. If FED determines that the internal candidate possesses qualifications for the position, the individual will be interviewed simultaneously as other candidates by the President and Program Director. The President will make the final approval and selection. G. Resignation All senior-level Directors may resign from employment with the Organization by giving the Organization at least 30 days prior written notice of resignation. All employees may resign upon giving the Organization at least 14 days prior written notice of resignation. Failure to provide the appropriate information as stated above or complete all job-related duties may result in a proportional reduction of accrued payable vacation. Upon submitting your resignation to the President, you must contact the Program Director to schedule an Exit interview. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 14 of 37 Feeding Everyone Daily Personnel Policy 2021 15 | P a g e H. Threats to Organizational Viability 1. In the event of an emergency relating to the Organization's personnel, the President believes that immediate action contra to these Personnel Policies is necessary to protect the continued viability of the FED or any of its programs. The President may take such immediate action, but only concerning the circumstances of the specific emergency involved, provided that no such action shall be contrary to law or deny a regular employee the right to appeal a discharge. 2. Suppose the President shall take any action pursuant to Subparagraph 1 hereof. In that case, they shall report such activity to each available member of the Personnel Committee within three working days after the action is taken and report such action to the Board of Directors at its next special, regular, or annual meeting following such action. In this case only, the Board of Directors shall have the power to reverse the action of the President and to take any action which may be necessary or appropriate to effectuate such reversal. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 15 of 37 Feeding Everyone Daily Personnel Policy 2021 16 | P a g e 4. Hours and Compensation A. Regular Work Week The standard flexible hours of operation and regular workweek shall be 9:00 am through 6:00 pm, Monday through Saturday with one hour for lunch. The emergency number for the Organization will be provided for 24 hours, seven days of the week, to receive calls for clients in need of supportive services outside of the regular business hours. Subject to the provisions of these Policies concerning overtime, employees may be required to work other hours, when necessary. B. Straight-Time and Overtime In the event that a "Non-Exempt Employee" (such as support staff) for whom premium overtime pay is required under the Federal Fair Labor Standards Act or other governing laws works more than 40 hours during a workweek or more than 8 hours during a workday, under the specific authorization of the President, the employee shall receive compensation as follows: 1. For the first 40 hours worked in any workweek, regular compensation at the employee's straight-time rate. 2. For all time worked more than 40 hours in any workweek, on Sunday or on holidays, overtime pay equal to one-half the employee's regular rate, payable on the regular pay day bi-weekly pay period in which it is earned. C. Signing-In Policy Sign-in sheets are kept in the main office area. Employees are to sign in upon arriving to work and departing each day. The actual time of arrival and departure is to be recorded. Suppose Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 16 of 37 Feeding Everyone Daily Personnel Policy 2021 17 | P a g e employees falsify any documents regarding the sign in sheets. In that case, this action will result in a 2-day suspension for a first offense, a second offense is three days suspension, and three violations is three days suspension leading up to suspension and possible termination. Employees sign in upon arrival in an increment of 15 minutes. This is reflected in the timesheet. D. Calling-In Policy 1. Suppose an employee needs to be absent from work due to illness or personal emergency. In that case, he/she is required to contact the President at least 3 hours before their scheduled time off work on the given day and every day taken after that. Calls of this nature should not be directed to the Program Director at their homes. If the President is not available, the designated supervisor should be contacted to report his/her absence. 2. If an employee needs to leave from work due to illness or a personal emergency, he/she is preferred to give their supervisor, President, a 2-hour notice before leaving. This would allow FED the opportunity to provide an alternate employee time to come in and cover their position. However, FED recognizes that an employee may not have the capability to allow this time for a replacement and therefore need to leave immediately. FED then requests that employee notify their supervisor/President immediately when an extreme illness or this type of personal emergency occurs. E. Lateness Employees are expected to be at work on time. Allowances for lateness are made for exceptional circumstances, i.e., weather, car trouble, etc. However, chronic lateness will be affecting overall job performance, and progressive disciplinary measures will be taken. Uncorrected chronic lateness (6 times within a calendar year) shall result in increasing disciplinary action, up to termination. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 17 of 37 Feeding Everyone Daily Personnel Policy 2021 18 | P a g e F. The Pay Period The Organization shall pay a salary at such intervals as the President may determine. At the date of the adoption of these Policies, the Organization pays salaries bi-weekly. G. Professional Activities The President may authorize payment by the Organization for professional conferences, seminars, training sessions, and similar programs, or professional membership dues or fees for employees, contingent upon available revenue and approval of Administrative Leave to attend such sessions. Written authorization by the President in advance in advance of incurring such cost is required. Employee may be required to reimburse FED for all or a portion of cost of sessions paid by FED on behalf of an employee in accordance with FED Employee Training Reimbursement Policy (see attachment). Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 18 of 37 Feeding Everyone Daily Personnel Policy 2021 19 | P a g e 5. Paid Leaves and Time Off A. Holidays The following days' work shall be paid 1- ½ Holidays for the Feeding Everyone Daily Inc. regular full-time employees: New Year’s Day Independence Day Labor Day Memorial Day Thanksgiving Day Christmas Day B. Floater Holidays Floater Holidays are days that two employees get to take off while two other employees work, and then they get to rotate the other floater holidays off. This avoids FED from being closed during these dates when many parents are working and need afterschool service for their children. Columbus Day Martin Luther King Day Day After Thanksgiving Day Veteran's Day 1. To the extent applicable, Federal dates will apply for the preceding holidays. At the President's discretion, FED may or may not be open for All holidays, whether they fall on a weekday or weekend. Therefore, staff working on these Federal Holiday dates will be paid 1- ½ per hour for these days. 2. Part-time employees are not paid for Holidays. All full-time employees that take off for any reason a day before or a day after will not be paid for the Holiday. Full-time employees are entitled to a total of 90 holiday hours per year or twelve days; the total prorated holiday hours for the year will be divided into the twelve an employee works 50% or half-time, the prorated annual holidays they receive will be calculated at 50% of the 90 total hours (45 hours). Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 19 of 37 Feeding Everyone Daily Personnel Policy 2021 20 | P a g e C. Vacation (effective 1/1/2021) 1. Regular full-time employees shall be entitled to: a. one week (5 workdays) after probation has successfully been completed within the first year of employment with the Organization. b. Two-week (10 workdays) vacation during each of their first three years of employment with the Organization. c. three weeks (15 workdays) vacation during each of their fifth through the sixth year, and d. four weeks (20 workdays) vacation during the seventh year and onward of employment with the Organization. e. Part-time employees shall be entitled to prorated vacation time based on scheduled hours. 2. Vacation time shall be accrued yearly. Employees must use at least five days of their Vacation time by December 31 of each completed full year of employment. Upon termination of employment, regular employees (that have passed the probation period) shall be entitled to payment for vacation time accrued to the end of the year prior to termination to a maximum of earned accumulated vacation time for one year. 3. All leave requests for a week or more must be submitted to the Program Director or President for written approval at least two weeks in advance. Leave suggestions for less than one week require prior written approval from the employee's direct supervisor. 4. Employees shall not be entitled to use vacation time during the last 30 days of their employment without the President's approval. 5. Once on vacation leave, if an employee becomes ill, he/she cannot request to use sick Leave not to be used in replace vacation time. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 20 of 37 Feeding Everyone Daily Personnel Policy 2021 21 | P a g e 6. The President may develop rules and procedures for vacation time, consistent with these Policies, which, without limitation, may include rules for the accrual of vacation time, procedures for transferring vacation time to other years and months, procedures for scheduling vacations, and similar matters. D. Sick Leave (effective 1/1/2021) A physician's certificate is required for an absence from work for sickness for three or more consecutive days. A physician's certificate also may be necessary for absence for less than three days upon notice to the employee. E. Funeral and Religious Holiday Leave Regular full-time employees shall be entitled to use their vacation time days for paid Leave for the death of the employee's spouse, parent, child, son-in-law or daughter-in-law, or other relative living in the employee's home. Part-time employees are not entitled to paid time for funeral leave. F. Jury Duty The Organization shall pay employees who perform jury duty the employee's regular hourly rate or salary, for not more than 8 hours for each day and a period not to exceed five working days of such jury duty. To receive a regular FED paycheck for the stated jury duty period, the employee must endorse the jury duty paycheck to FED and submit it to the personnel office. After five working days, the employee will receive an unpaid leave of absence for the remainder of such jury duty. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 21 of 37 Feeding Everyone Daily Personnel Policy 2021 22 | P a g e 6. Unpaid Leaves and Time Off A. Leaves of Absence and Rehire Policy 1. The President may grant an employee a leave of absence without pay for a fixed period for specific and predefined purposes. To be eligible and the employee must have a regular employee status and have exhausted available paid leave time. Employees must request the Leave of absence in writing prior to leaving and include an expected date of return. Leaves of absence more than six months and leaves of absence by employees who have been employed for less than six months will not be granted in other than exceptional circumstances. 2. Vacation benefits leave benefits and holiday pay do not accrue while an employee is on unpaid Leave. 3. Suppose a permanent employee terminates employment at FED and is rehired for a similar or their previous position within six months of the termination date. In that case, the employee will be reinstated without a waiting period with applicable employee benefits and leave time accruals at the rate earned immediately before their termination. B. Family and Medical Leave (FMLA) 1. In accordance with the Family and Medical Leave Act of 1993, FED will provide up to 12 weeks of unpaid, job-protected Leave within any 12 months to eligible employees for certain family and medical reasons. 2. The 12-month period is a rolling one, measured backward 12 months from the date the Leave begins. This period includes the use of any leave. Employees are eligible if they have worked for FED for at least one year and 1,250 hours over the previous 12 months. Unpaid family or medical Leave will be granted for any of the following reasons: Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 22 of 37 Feeding Everyone Daily Personnel Policy 2021 23 | P a g e a. To care for the employee's child after birth or placement for adoption or foster care. b. To care for the employee's spouse, child, or parent with a serious health condition; or c. For a serious health condition that makes the employee unable to perform the employee's job. 3. Nothing contained in Subparagraph A shall adversely affect an employee's right to use medical Leave for absences from work which are medically required, and disability caused by or related to pregnancy and birth shall be treated in the same manner as any other work-related disability. Family or Medical Leave may be extended upon approval from the President/Executive Director for up to 24 weeks. 4. To qualify for an FMLA leave, the employee must submit a physician's certificate. The physician's certificate must be fully completed and include the following information: a. The date the serious health condition began. b. The probable duration of the condition including an expected return to work date. c. Appropriate medical facts regarding the condition: d. If Leave is required to care for a seriously ill spouse, child, or parent, the physician's certification must state that the employee is needed to provide the care and an estimate of the amount of time the employee will need; e. If Leave is required because of the employee's illness or disability, the physician's certification must state that the employee is unable to perform the functions of his/her job; and Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 23 of 37 Feeding Everyone Daily Personnel Policy 2021 24 | P a g e f. If Leave is required for planned medical treatment, the physician's certification must state the dates, and duration treatment is expected to be given. 5. FED may, at its expense, require certification from a physician of its choice. In addition, the company may require that the employee update the physician's certification while the employee is on approved Leave. 6. When the employee can return to work following an approved leave, and depending on the circumstances surrounding the Leave, the employee may be required to submit a doctor's certificate explaining that the employee is capable of resuming his/her full-time duties. C. Military Leave 1. FED employees may request a military leave of absence for active duty, active duty for training, inactive duty training, and other services in the U.S. Armed Services and the National Guard. FED will grant military leaves of absence in accordance with the Uniformed Services Employment and Re-employment Rights Act (USERRA) and other applicable law. 2. Employees must give 30 days' advance notice of the need for military Leave except if precluded by military necessity or other not foreseeable circumstances. Employees must also report for re-employment promptly at the end of Leave. FED may also request documentation of Leave where appropriate. During the portion of any military leaves of absence for more than two weeks, employees have the option of either using any available vacation or personal time for the absence or taking the Leave unpaid. 3. Benefits accruals, such as vacation, personal, or holiday leave, will not accrue during leaves. Employees who return to work as agreed will retain the benefits accrued before the Leave began and will resume accruing upon return. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 24 of 37 Feeding Everyone Daily Personnel Policy 2021 25 | P a g e 4. Employees on two weeks of active duty training assignments, inactive duty training drills, or military leaves of 30 days or less are required to return to work for the first day of work after the end of the training, allowing reasonable travel time. Employees on longer military Leave must apply for reinstatement following all applicable state and federal laws. FED will make every reasonable effort to return eligible employees to their previous or comparable positions. D. Return to Position 1. Employees on family or medical leave without pay for up to 12 weeks shall be entitled to return to the same or a substantially equivalent position and classification as the employee held before such Leave, provided that the employee gives four weeks notices before his or her return and, in the case of medical leaves, furnished a physician's certificate as required during the Leave. 2. Employees on other unpaid leaves of absence will receive the first available position in the classification they were employed when their Leave commenced. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 25 of 37 Feeding Everyone Daily Personnel Policy 2021 26 | P a g e 7. Staff Conduct A. Sexual Harassment Sexual harassment is a serious offense and is unacceptable conduct that will not be tolerated. FED firmly believes in providing a workplace that is free from all forms of sexual harassment. All employees are responsible for ensuring that such a workplace exists. Sexual harassment is also a form of employment discrimination and is prohibited by law. Sexual harassment is defined as any unwelcome sexual attention, sexual advances, requests for sexual favors, and any other verbal, visual or physical conduct of a sexual nature wherever: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's continued employment; or 2. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual; or 3. Such conduct is intended to or has the effect of unreasonably interfering with an individual's work performance; or 4. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. Cases of sexual harassment should be immediately reported and followed up in writing to the President and the Executive Director. Upon notification, an investigation of the alleged act will be conducted, and appropriate action is taken. Relationship between Supervisor and Supervisee: If a relationship of a sexual nature develops between a supervisor and a supervisee, the supervisor must disclose the fact of the relationship and the identity of the supervisee to the President and the Chief Financial Officer. After disclosure of such a relationship, the supervisee may be assigned another supervisor. FED holds the right to act necessary to maintain an appropriate working environment. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 26 of 37 Feeding Everyone Daily Personnel Policy 2021 27 | P a g e B. Conflict of Interest No employee shall, without the prior written permission of the President/Executive Director, have any direct or indirect financial or other pecuniary interest in: 1. any patient, parent/guardian, leadership, staff, or development organization, or 2. any other entity of any kind whose activities are or appear to conflict with any of the programs, projects, or other actions of Feeding Everyone Daily Inc. The express intention of the Board of Directors is that no employee of FED shall have any conflict of interest with any activity of the Organization, either in fact or in appearance. C. Political Activity No employee shall, in connection with any political activity or political views of any kind, purport to speak for FED or identify himself or herself as a spokesperson for the Organization at any time (whether during working hours or otherwise). This paragraph shall not be construed to deny any employee the full rights of freedom of expression and participation in any activity, whether political or otherwise, in any capacity other than as a spokesperson for the Organization. D. Solicitation No employee shall, without the President/Executive Director's prior written permission, sell tickets, distribute handbills, or solicit contributions on the property of FED during normal work hours. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 27 of 37 Feeding Everyone Daily Personnel Policy 2021 28 | P a g e E. Substance Abuse Policy FED follows the Drug-Free Workplace Act of 1988, which prohibits any employee from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances in the workplace. Controlled substances under this Act include Narcotics (heroin, morphine, etc.), Cannabis (marijuana, hashish), Stimulants (cocaine, amphetamines), Depressants (barbiturates, tranquilizers), Hallucinogens (PCP, LSD, "designer drugs"), and Alcohol. Any employee violating the Drug-Free Workplace policy is subject to disciplinary action, up to and including termination, for the first offense. F. Other Employment Except in the case of contrary understandings reached with the President/Executive Director at the time of employment, all of a regular employee's primary employment responsibility is to the Organization, and no employee shall, without the prior consent of the President/Executive Director, engage in any other employment or business activity which interferes in any manner with the employee's fully performing his/her duties for FED on a basis consistent with normal employment. G. Honoraria If an employee accepts a speaking engagement on behalf of FED, he/she is required to turn over any honorarium received to the Organization. If the speaking engagement is not on behalf of FED, the employee must request approval from his/her supervisor or, if appropriate, the President and may keep any honoraria received. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 28 of 37 Feeding Everyone Daily Personnel Policy 2021 29 | P a g e H. Gratuities An employee soliciting or receiving gratuities or gifts (other than nominal promotional and items of minimal value) from parents, outside vendors with whom he/she is conducting business on behalf of FED must notify and receive approval from the President/Executive Director. Employees are not allowed to accept cash as a gift. I. FED Property and Proprietary Information 1. FED property issued for use by staff remains the property of the Organization. Property given to staff is intended to be used to perform each employee's job duties and proper responsibilities. Management has the right to access or demand the return of any FED property issued to staff. 2. The use of any FED proprietary information for any purpose other than those consistent with your job duties is expressly prohibited unless written permission and approval of the President/Executive Director is obtained in advance. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 29 of 37 Feeding Everyone Daily Personnel Policy 2021 30 | P a g e 8. Ethics and Confidentiality A. Confidential Maintenance of Personnel Records 1. The FED Personnel Office is responsible for the maintenance, security, and release of personnel records. The individual records of staff members are kept in locked files. The employee, Personnel staff, and others authorized by the President/Executive Director may have access to personnel records. 2. Individual staff members may receive access to their personnel records for review by notifying in writing the President and requesting a date and time when the records can be available. The President or designee will observe the employee review of the record in the Personnel Office. 3. In response to employment verification inquiries, the President/Executive Director will verify the date of employment, salary, and job title. If possible, the employee will be notified of the release of the information. FED will respond either in writing or over the phone to such inquiries. This information usually is verbally conveyed; however, the information will be sent in writing if a letter is requested. B. Participant Confidentiality Employees having access to client information shall abide by State and Federal confidentiality regulations. All personnel shall maintain participant confidentiality. Violation of such laws and regulations shall be cause for dismissal. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 30 of 37 Feeding Everyone Daily Personnel Policy 2021 31 | P a g e C. Non-Discrimination In the administration and implementation of these Personnel Policies, and in all other personnel matters, FED and it is President and management. Supervisory personnel shall not discriminate in any manner based on race, ethnicity, disability, sex, age, national origin, sexual preference, religious belief, or political belief in recruiting and hiring staff or applying personnel policies. D. Affirmative Action Policy 1. Feeding Everyone Daily Inc. will not discriminate because of race, ethnicity, disability, sex, national origin, age, sexual orientation, religious or political belief in recruiting/hiring staff, or the application of personnel policies. FED is an equal opportunity employer. A continuing effort will be made to recruit minority candidates for all positions at FED (especially candidates living in the Torrance communities). FED is committed to encouraging cultural diversity and providing staff with the opportunity to attend appropriate workshops to become culturally competent service providers. 2. It is the policy of FED to promote upward mobility within the Organization. Whenever possible vacant employment positions will be filled by promotion of qualified existing staff. The President/Executive Director is charged with the responsibility of maintaining program compliance with the affirmative action policy of FED, as well as affirmative action policies of Federal, State, and local government regulatory agencies. FED complies with "applicable Federal and State civil rights regulations regarding the delivery of human services," through the State of South Carolina. E. Uniformity of Rules and Regulations All rules, regulations, policies, and procedures established by the President/Executive Director under these Personnel Policies shall be uniform and non-discriminatory in their establishment, application, and implementation. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 31 of 37 Feeding Everyone Daily Personnel Policy 2021 32 | P a g e 9. Employee Health and Safety A. Organizational Health Policy Feeding Everyone Daily Inc. is committed to protecting all its employees' health and providing a safe work environment. In compliance with guidelines set by the Federal Occupational Safety and Health Administration (OSHA) and FED funders, those FED employees determined to be facilitators/mentors will be requested to undergo specified tests and vaccinations at the time of their orientation (and periodically) related to the protection of employees' health during the conduct of work-related duties. Cost for such mandatory physical examination will be paid by the contract or grant supporting your employment at Feeding Everyone Daily Inc. Consistent with FED's commitment to providing a healthful, productive work environment, FED has implemented the following policies: ❖ Employee Accidents and Safety Safety rules are provided wherever possible for the protection of employees. Should an employee become injured while at work, the Program Director and the President/Executive Director should be notified immediately. The employee's accident report must be prepared and submitted to the supervisor, who will directly contact the President/Executive Director. Worker's Compensation Insurance covers FED: all accidents must be reported within 24 hours of the injury, and the proper forms filled out and mailed to the insurance company. ❖ Fire and Disaster Plans All employees are required to know their duties in an emergency. Employees shall be informed of fire and disaster plan, and shelter in place and assignments by the President/Executive Director during all working hours. Each employee must be present at and participate in periodic fire and disaster drills that will take place four times each year. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 32 of 37 Feeding Everyone Daily Personnel Policy 2021 33 | P a g e ❖ Americans With Disabilities Act 1. In accordance with the Americans With Disabilities Act of 1990, FED does not discriminate against qualified individuals with a disability regarding any area of employment, including job applications, hiring, advancement, discharge, compensation, or training. 2. Additionally, as stipulated in Title II of the legislation, all FED employees with disabilities will be accorded the same services, privileges, benefits, and accommodations offered to employees without disabilities. 3. Finally, in accordance with Title V of the Act, FED prohibits retaliation against or coercion of an individual who seeks to enforce his or her own, or another's rights under the Americans With Disabilities Act. Title V also amends sections of the Rehabilitation Act of 1973 to exclude current alcohol and drug abuse users from its coverage. ❖ Smoke-Free Policy The 1986 report "The Health Effects of Involuntary Smoking" by the United States Surgeon General concluded that: • Involuntary smoking is a cause of disease, including lung cancer, in healthy non-smoker • The simple separation of smokers and non-smokers within the same air space may reduce but does not eliminate the exposure of non-smokers to environmental tobacco smoke. FED, Inc. considers this information, and therefore there will be no smoking in or around the premises of any Feeding Everyone Daily Inc. program mobile site and outing activities. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 33 of 37 Feeding Everyone Daily Personnel Policy 2021 34 | P a g e ❖ Personal Property Employees are responsible for the safekeeping of their personal property. FED, Inc. cannot be held liable for any loss or damage. Private property, lost or found, should be reported immediately to the President's Office. ❖ Snow & Emergency Closures 1. In the event of a snow emergency, the Feeding Everyone Daily Inc. office will not be closed (unless there are no program on-site and all program under our care are home and safe. FED will resume program services the following day at 9 am unless staff is notified by the Program Director. In this case of inclement weather, FED staff will be paid for hours assigned during this scheduled time not worked. 2. Whenever Feeding Everyone Daily Inc.’s mobile unit office is open and an employee cannot come to work due to inclement weather, personal, vacation or unpaid hours must apply. 3. Whenever the FED office is closed, or the staff is unsure whether the FED office is closed, the main number (123) Emergency Number goes Here must be called to get appropriate instructions. 4. During snow or ice storm, pick-up service will not be available for FED afterschool programs because Schools are closed. ❖ Transporting Participants 1. Feeding Everyone Daily Inc. maintains business auto insurance coverage on company- owned and leased vehicles, vans. This policy provides auto liability and property coverage for FED's authorized staff usage of company vehicles and vans. When staff uses their personal vehicle for authorized travel on behalf of FED and receive or are eligible to receive Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 34 of 37 Feeding Everyone Daily Personnel Policy 2021 35 | P a g e FED mileage reimbursement, their personal auto insurance coverage is primary, and FED's content is secondary for liability coverage only. If staff use a vehicle/van while working and the vehicle/van is owned or insured by a friend or family member, FED's policy will not provide secondary coverage. 2. Due to auto insurance coverage limitations and exclusions, staff is not permitted to transport program participants in their personal vehicle, unless they receive written authorization from the President/Executive Director. In the event that staff must transport clients on behalf of Feeding Everyone Daily Inc., staff must provide FED's personnel office with a written endorsement from their auto insurance carrier stating the carrier has been notified of this activity, and it is covered under their personal auto policy. 3. FED's purpose in providing the information to you is to help you protect your own interest. The above coverage limitations are based upon insurance industry standards for coverage and in no way reflects upon FED's ability to purchase business auto insurance. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 35 of 37 Feeding Everyone Daily Personnel Policy 2021 36 | P a g e 10. Weapons Policy 1. The possessions of firearms, knives, or weapons of any type on the property of Feeding Everyone Daily Inc. are strictly prohibited. This prohibition includes any type of gun, either loaded or unloaded and applies to all employees, whether they have a permit to carry a firearm. This prohibition extends to all properties of FED, including, without limitation, the outing sites, the office, the parking lot, playground, and all other property affiliated with Feeding Everyone Daily Inc. 2. If you believe an employee has firearms, knives, or other weapons on FED property, report your observations to the Program Director or the President immediately. 3. Any employee found in possession of a firearm, knife, or other weapons on FED premises will be immediately sent home without pay and subject to disciplinary action, up to and including discharge. 4. Lockable workstations are provided for the convenience of employees. These lockable work areas always remain the exclusive property of Feeding Everyone Daily Inc. The company reserves the right to open and inspect them at any time. Such searches will be conducted whenever FED has reason to believe any employee has a weapon. Feeding Everyone Daily Inc. also reserves the right to conduct random searches of lockable work areas Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 36 of 37 Feeding Everyone Daily Personnel Policy 2021 37 | P a g e 11. Information Systems Procedures and Policies A. Internet Access and Usage Policy: 1. Feeding Everyone Daily Inc. will encourage staff to use the Internet appropriately and responsibly for business-related purposes. Only approved FED staff may access the Internet. Feeding Everyone Daily Inc. will approve or deny Internet access for each FED employee who is a network user on a case by case basis. FED will educate users about the responsible and appropriate use of the Internet. Feeding Everyone Daily Inc. will monitor FED Internet usage by employees. Internet access will be terminated when the employee leaves FED or if the employee irresponsibly or inappropriately uses the Internet. Internet access by unapproved FED staff may be grounds for disciplinary action up to and including dismissal. 2. All policies are subject to change and updated by the President/Executive Director and Board of Directors at any time. Updates will be distributed to employees when they are approved and implemented. Case 1:20-cr-00296-JPB-CMS Document 563-4 Filed 09/06/22 Page 37 of 37
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