- IN THIS EDITION -

Stay Current, Stay Compliant: Your Updated Sample Policies Are Here!

Building Trust In A Unionized Environment

Preparing for Workforce Transitions: Succession Planning in Rural Nevada Public Entities

Performance Reviews: What to Avoid

(and What to Do Instead)

Dear POOL/PACT HR: Joint Employment

Help Us Improve POOL/PACT’s Employee Assistance Program (EAP)

Don't Miss These Important HR Events

Stay Current, Stay Compliant: Your Updated Sample Policies Are Here!

On July 1st of each year, POOL/PACT Human Resources (HR) updates our Color-Coded Sample Personnel Policies to reflect changes in law, best practices, and feedback from members. Because this was a legislative year, the updates include important changes that may require revisions to your organization’s adopted policies.


Since some employment laws only take effect at certain employee counts, our color-coded policy system helps you to easily determine which sample policies apply based on your organization’s size: small (fewer than 15 employees), medium (15 – 49 employees), and large (50 or more employees).


We encourage our public-sector members to adopt and modify these policies to fit their organization, and nonprofit members should review our Private, Nonprofit Comparison Chart before use. Always consult legal counsel before final adoption to ensure compliance with any local requirements.


Highlights from this year’s policy updates include:

  • Added leave of absence policy for search and rescue and Civil Air Patrol volunteers.
  • Updated post-accident testing policy to align with most recent OSHA guidance.
  • Added language reflecting recent legislative changes related to background checks.
  • Numerous edits throughout for consistency, clarity, and accuracy, including changes from “attorney” to “legal counsel” and adjustments to reflect updated terminology.


For a complete list of all the updates, please refer to the 2025 Summary of Annual Updates of Sample Color-Coded Policies (7-25) available on our website to registered users. We also offer the entire policy manual in a tracked-changes format so you can easily see all changes.


Updating policies annually ensures your organization is meeting current legal obligations and maintaining best practices. All too often employers don’t realize their policies are out of date until an issue arises. Avoid getting caught off guard by proactively reviewing and updating your policies every year.


If you have questions or need assistance with policy adoption, contact your POOL/PACT HR Business Partner.

Building Trust In A Unionized Environment

In any workplace, trust is the bridge between leadership and employees, and in a unionized environment, that bridge is both vital and fragile. Collaboration or conflict often depends on how deliberately trust is earned and protected, not through good intentions alone, but through consistent, intentional actions. Every policy, negotiation, and interaction send a clear message: "Is management acting in good faith?"


Employers who work constructively with their unions build a stronger, more collaborative workplace. Below are a few tips to help build trust in a unionized workplace:


Prioritize Transparency Over Perception:

  • Share decisions openly, including the reasoning, risks, and constraints.
  • Present financial and operational data in clear, accessible language.
  • Confront complex realities promptly to avoid misunderstandings.


Create Shared Wins:

  • Collaborate on initiatives that support employees while enhancing operations.
  • Frame achievements as our success, not solely the management's or the union's.


Address Conflict Constructively:

  • Keep the problem separate from the people and maintain professional disagreements.
  • Use mediation or facilitated discussions when tensions escalate.
  • Focus on outcomes rather than "winning" the argument.


In a unionized environment, trust is not determined solely by contract language; it is built through everyday actions and interactions, how leaders listen, respond under pressure, and present themselves with the intent to understand. The most effective HR leaders view the union–management relationship not as a delicate balance between competing interests, but as a joint venture in which both sides invest in the same goal: a workplace where people feel safe, respected, and heard. With this mindset, trust becomes more than a negotiation tool; it becomes the foundation for lasting workplace success.


For additional support in working collaboratively with unions, feel free to contact your POOL/PACT HR Business Partner.

Preparing for Workforce Transitions: Succession Planning in Rural Nevada Public Entities

Why Succession Planning Isn’t Just for Big Cities


Succession planning might get dismissed in small or rural public entities as something “only large agencies need to worry about.” But in communities where teams are small, job knowledge is deep, and turnover can have outsized impacts, succession planning is not a luxury, it’s essential.


In rural Nevada, where many public employees wear multiple hats and institutional knowledge lives in the minds of long-serving staff – retirements, resignations, or medical leaves can create real operational gaps. Waiting until a key employee leaves could be too late.


So, what can rural supervisors and managers do now to prepare? It doesn’t require a large HR department or expensive software, just thoughtful leadership and consistent follow-through.


Identifying and Developing Internal Talent

Start by asking: If (insert name) left tomorrow, who could step into their role, even temporarily? If the answer is “no one,” it’s time to get proactive.


Tips for Identifying Talent:

  • Observe closely: Watch for employees who show initiative, strong problem-solving skills, and a willingness to learn.
  • Engage in career conversations: Don’t assume your employees aren’t interested in growing. Ask them what they want next.
  • Track readiness: Not everyone is ready to step up today, but some may be one project or training away.


Strategies to develop employees:

  • Cross-train: Give employees the chance to learn key functions in other roles. This builds knowledge and assists with coverage.
  • Delegate stretch tasks: Hand off projects that build leadership, decision-making, or planning experience.
  • Encourage mentorship: Pair experienced employees with rising talent for informal knowledge sharing.

 

Knowledge Transfer Before Retirements

Many small public entities are facing a “silver tsunami,” a wave of retirements from long tenured employees. A 2024 MissionSquare survey indicated that with the youngest Baby Boomers turning 65, 54% of local governments surveyed expected a large wave of retirements in the next few years.


Knowledge transfer doesn’t have to be formal, but it does have to happen.


Tactics to capture key knowledge:

  • Job shadowing and process mapping: Have potential successors shadow outgoing employees and document daily workflows.
  • Create “desk manuals”: Ask staff to record how they perform routine and seasonal tasks.
  • Schedule regular debriefs: Use exit timelines to have weekly or biweekly sit-downs where experienced staff walk through legacy procedures, key contacts, systems access, and practical work-related tips. Capture this information in a shared repository so it remains accessible after their departure.


Bonus tip: Start early. Transitions go more smoothly when there’s time to transfer skills, not just files.


Final Thought

Succession planning doesn’t require a big budget, just a shift in mindset. Start where you are: identify one key role, one high-potential employee, and one piece of critical knowledge to document. Then build from there. Your entity and your community will thank you.


For more information regarding succession planning, be sure to check out POOL/PACT’s HR Briefings and related documents at www.poolpact.com.

Performance Reviews: What to Avoid

(and What to Do Instead)

Let's be honest, performance evaluations are one of those things most of us have either dreaded giving, getting, or both. But here's the thing: when done right, they're actually powerful tools for setting expectations, building trust, and helping employees grow. The problem is, it's pretty easy to fall into habits that make the whole process less effective (or even counterproductive).


Working in Nevada's local public sector, these reviews matter even more. Whether your employees are covered by a collective bargaining agreement (CBA) or not, evaluation missteps can create real headaches. For non-union employees, poorly done reviews can hurt morale, damage trust, and even create legal issues. For unionized employees, evaluation mistakes might lead to grievances or arbitration and nobody wants that.


So, let's dive into the most common mistakes we see and how you can avoid them.


Six Common Mistakes That Can Derail Your Reviews


1. Withholding Feedback Until Annual Reviews


What Goes Wrong: Nobody likes surprises in their performance review, but that's exactly what happens when you save all your feedback for the annual discussion. This approach can lead to disengaged employees, higher turnover, and broken trust. Plus, if you have unionized employees, they may have the right to respond to evaluations. Springing concerns on them during the evaluation meeting isn't fair or effective.


What Works Better: Make feedback a regular practice with regular check-ins that you document while addressing performance or behavior issues as soon as practicable after they happen. This way, your annual review becomes a helpful summary rather than a shock to the system. Your employees will appreciate the ongoing dialogue, and you'll both be on the same page.


2. Using Vague, Non-Behavioral Language


What Goes Wrong: Comments like "does a great job" or "needs improvement" might seem harmless, but they're actually pretty useless. They don't tell the employee what specifically they're doing well or what needs to change. Worse yet, vague language can look subjective if someone challenges the review later, and some CBAs may require you to back up ratings with specific examples.


What Works Better: Get specific about what you observed. Instead of saying "Joe is responsive to citizens," try "Joe consistently resolves public inquiries within our 48-hour standard and maintains a 95% customer satisfaction rating." Now that's feedback someone can actually use!


3. Rating Everyone Uniformly


What Goes Wrong: We get it. Giving someone a lower rating feels uncomfortable. But when everyone gets the same high marks just to avoid tough conversations, you're actually creating bigger problems. Your performance system loses credibility, you might end up with unfair pay situations, and it becomes really hard to justify disciplinary action later if needed.


What Works Better: Use the full range of your rating scale and base your ratings on real, documented evidence. Different performance levels deserve different ratings. That's not mean, that's fair and accurate.


4. Succumbing to Recency Bias


What Goes Wrong: It's human nature to remember recent events more clearly but letting that one big success (or failure) from last month overshadow the whole year isn't a true representation of the entire rating period. Employees can tell when a review feels lopsided, and they might think you're playing favorites or being political. It’s also important to note that CBAs often give employees the right to challenge ratings that don't reflect their full performance period.


What Works Better: Keep notes throughout the year. Both what went well and areas for improvement. A simple log of notable events will help you give a balanced view of the entire review period.


Pro tip: Self-evaluations are gold for this. Employees often remember accomplishments you might have missed or forgotten about.


5. Overlooking Soft Skills and Competencies


What Goes Wrong: Sure, getting the job done matters, but how someone does their job matters too. If you only focus on the technical stuff while ignoring things like communication, teamwork, and customer service, you're missing a big piece of the puzzle. These "soft skills" can make or break public perception and team dynamics.


What Works Better: Look at both the "what" and the "how" of performance. Include things like:

  • How they communicate with the public and coworkers
  • Whether they're a team player
  • If they're reliable and take ownership
  • How they handle change and solve problems
  • Their commitment to public service
  • How they handle feedback


Pro tip: Use POOL/PACT HR’s sample performance evaluation; it is competency-based ensuring soft skills are encompassed in the annual review.


6. Failing to Establish Forward-Looking Goals


What Goes Wrong: If your evaluation only looks backward at what already happened, you're missing a huge opportunity. Goals give people something to work toward and help create accountability. Some CBAs even require that you set goals collaboratively with employees or give them advance notice of what you expect.


What Works Better: Set SMART goals (Specific, Measurable, Attainable, Realistic, Time-based) for the next review period and check in on them regularly throughout the year.


Pro tip: Think beyond just this year too. What are their long-term goals? Where do they want their career to go? Help them connect the dots between what they're doing now and their bigger aspirations or show them how they can build on their current role to get there.


A Few More Tips to Make Reviews Actually Useful


Don't Wing It – Prepare and Personalize

Nobody wants to read a copy-and-paste review that could apply to anyone. Take the time to:

  • Write specific examples that are unique to each employee
  • Review their job description and previous evaluations
  • Include their self-evaluation if you have one
  • Give yourself enough time to do it right (no last-minute rush jobs!)


Keep Good Records

Your documentation should be:

  • Based on what you actually observed, not assumptions
  • Tied to specific examples and dates
  • Consistent with your performance standards
  • Professional enough to stand up to scrutiny


The Bottom Line

Performance reviews don't have to be painful for anyone involved. When you avoid these common pitfalls, reviews become what they're supposed to be: valuable conversations about growth, recognition, and future success.

Getting this right means you'll have:

  • Happier, more engaged employees
  • Fewer workplace disputes and grievances
  • Better employee retention
  • A stronger team overall


Remember, these aren't just administrative boxes to check. They're your chance to really connect with your employees, acknowledge their contributions, and help them succeed. And when staff succeed, the whole organization benefits.

Dear POOL/PACT HR,


I work for a city, and we have a contract with a janitorial company to perform custodial services. The last worker the company sent, “Miguel,” reported to me. I set his schedule and oversaw his work. When his performance didn’t meet expectations, I asked the janitorial company to terminate him, which they did. Now Miguel has filed claims against the city, alleging national origin and age discrimination and unpaid overtime wages.


How can the city be held liable when the janitorial company was technically his employer?


Signed,


No Sweep in the City


---------------------------


Dear No Sweep,


What you’re describing is a textbook example of where “joint employment” can come into play under both discrimination laws and wage and hour laws. Even though the janitorial company technically employed Miguel, your city could still be considered a joint employer because you exercised control over key aspects of his work including scheduling and supervision, and influenced the decision to fire him.


Under federal anti-discrimination laws (like Title VII and the Age Discrimination in Employment Act of 1967 (ADEA), enforced by the EEOC), an entity that has the right to control or actually controls an employee’s work conditions can be considered a joint employer and thus be held liable alongside the contracted company. That means the city could be named in the claim even if it didn’t directly pay Miguel.


Additionally, under the Fair Labor Standards Act (enforced by the DOL), joint employers can also be held responsible for ensuring workers are paid correctly, including overtime. If the city is determined to be a joint employer by the DOL, it could be on the hook for unpaid wages just as much as the janitorial company.


Practical takeaways:


  • When supervising contract or temp workers, avoid exercising direct control over hiring, firing, pay, or day-to-day work unless necessary.
  • Make sure contracts with staffing agencies clearly define which party has authority over employment decisions.
  • In potential disputes, document your actions and rely on the agency or contractor to make employment decisions.


Additionally, if the contracted workers are unionized, coordinate with your HR team and legal counsel before taking any action that could be seen as directing or controlling their work as the National Labor Relations Act (NLRA) has its own standards for determining joint employment. If unions are involved, and the city is determined to be a joint employer by the NLRA (or Nevada’s EMRB), then the city could be held jointly responsible for compliance with the NLRA/EMRB, including collective bargaining and unfair labor practice obligations.


Joint employment can be tricky and claims like this illustrate why city staff need to understand how their actions could create liability, even when the worker technically belongs to another employer. And remember, in the world of HR, if you’re not careful, you might find yourself sweeping up someone else’s mess.


For more information on joint employment or other related HR topics, feel free to contact your POOL/PACT HR Business Partner.

Help Us Improve POOL/PACT’s Employee Assistance Program (EAP)

As a POOL/PACT membership benefit, your employees and members of their households have access to Acentra Health EAP. In order to increase utilization, we are forming an EAP Improvement Work Group.


The group will meet virtually three to four times over the next few months to review program materials, gather feedback, share ideas, and enhance services for members across Nevada.


If you or someone from your organization would like to be part if this work group, please email LesslyMonroy@poolpact.com by Friday, September 5, 2025.


Your input will help keep the EAP accessible, relevant, and valuable for employees and their families.

___________________________________________________________________


BIG NEWS - YOUR EAP JUST GOT EVEN BETTER


POOL/PACT, in partnership with Acentra Health, is excited to announce an upgrade to your Employee Assistance Program benefits!


You now have 6 free counseling sessions per issue, per year (up from 4) to help you and your family get the support you need, when you need it.


Eligible employees, their household family members, and dependents can all take advantage of this expanded benefit which includes confidential counseling for stress, anxiety, depression, relationship challenges, substance use concerns, work issues, and other personal matters.


Sessions are available in person, by phone, or via video with a highly qualified professional.


For more information or assistance, call 1-833-430-6028 or visit EAPHelplink.com and use the code POOLPACTEAP.

DON'T MISS THESE IMPORTANT HR EVENTS


Attention POOL/PACT Members! 


Join us October 14-16, 2025,

at the annual 

POOL/PACT HR Leadership Conferenc

in Stateline, Nevada!


ADVANCED ESSENTIAL MANAGEMENT SKILLS IN THE PUBLIC SECTOR

Carson City: November 2025

Registration Opens: September 10, 2025


ESSENTIAL MANAGEMENT SKILLS IN THE PUBLIC SECTOR

Virtual: November - December 2025

Registration Opens: September 17, 2025


HR BRIEFING WEBINAR

Non-exempt Employees and Overtime

November 18, 2025, at 10 am

Visit our website to learn about our robust

On-demand Learning program.

A password is required to access materials from POOL/PACT's website, a resource exclusive to risk pool members. If you are not currently registered, please contact us to help you get started.