Vol. 2, No.3

Published by Texas Association of Counties

Fall 1997 

This newsletter, which was specifically prepared by the loss control staff of the Texas Association of Counties, is not designed to render legal advice or legal opinion. Such advice may only be given by a licensed, practicing attorney, and only when related to actual fact situations. This warning is particularly pertinent because of the nature of the topics covered herein.


All I want for Christmas is a four-day weekend


Supervisors must consider time off and holiday cheer
Santa Claus is coming to town on a Thursday this year, and it's a sure bet that someone in the office is counting on a four-day weekend. Will they get it?

"The majority of courthouses are small and the coming and going of employees is usually quite noticeable," said Gene Schaeffer, personnel specialist at the Texas Association ofCounties. Any way you slice it, he said, supervisors need to take care that employees are treated fairly while offering the public whatthey expect.

Commissioners Court is the body responsible for establishing the official county holiday list, but if an independent department head wants to allow employees to take vacation days, personal days or compensation days, an official can declare his office closed on a day that isn't on the official holiday list, Schaeffer said.

On the other hand, consider the needs of the public. Many use their own time off during the holidays to conduct personal business at the courthouse.

Also, if all departments follow the county-wide schedule, it will avoid nasty interoffice conflicts and jealousies, not to mention the ugly public perception that occurs when one office is open and the one next door is closed.

Other county functions, likethe sheriff's office or 911 dispatching, must remain open,which usually means overtime pay for those on duty during the official county holiday. Even then, there are fairness issues.

"It's wise to keep track from year to year who got off when so that employees can take turns. Most employers begin with honoring seniority for a year or two, then go to a rotation," he said.

Many counties offer employees a floating personal day, which can be taken at the employee's discretion, as long as the supervisor agrees. Using that day on the Fridays that follow Christmas or New Years will work okay for some employees, if there are enough other staff to make the department function.

The sooner the schedule is fixed, he said, the better. That way, people's feeling aren't hurt by learning only the week before that they're going to have to work.

If the courthouse is going to close, Schaeffer noted, give plenty of public notice. The public that wants to use your office are likely to be more understanding if they know not to come to the courthouse, instead of finding out the office is closed when they get there.

Ho ho ho and a bottle of punch
Christmas is typically a choice time to promote harmony in the workplace and award the county's long-time employees with service pins or certificates. The weather's cool, the office is slow, and people are in good spirits.

But should they be drinking spirits at the office party?

"Alcoholic beverages, whether on or off county property, has not proven to be in the best interest of the county," Schaeffer said.

The scenarios for county liability should be obvious: Janitor Jack Daniel gets tipsy and falls down the courthouse elevator shaft, or Clerk's Assistant Jose Cuervo has a car accident on the way home. Once an employee, or anyone else at the party, has one or ten too many drinks, they're an accident (and a lawsuit) waiting to happen, whether on the courthouse lawn or the highway home.

Schaeffer said that before serving alcohol, party planners should consider the potential for disappointing or disastrous results. "Better to have a safe office party where you don't have to worry about someone getting too lively and saying or doing something they'd regret the next day," he said.