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011519wsa Agenda Package9:00 am 9:30 am 9:45 am 10:00 am 10:30 am 10 :45 am 11:15am Harnett County Board of Commissioners Work Session Tuesday, January 15, 2019 9:00 am Research Triangle Regional Partnership Update, Ryan Combs, Executive Director Personnel Ordinance Update, Brian Haney Discuss Sheriff's Office CALEA request and funding Reconsideration of FY 2019 Budget Requests , Paula Stewart County Manager's Report: January 22 , 2019 Regular Meeting Agenda Review Invitations and upcoming meetings Closed session Adjourn 011519 HCBOC Page 1 Work Week: For the purposes of this Ordinance, Harnett County considers the work week to be from Sunday through the following Saturday . Section 18. Emergency Operations Compen sation In the event of a major emergency ... or natural or man-made disaster, Harnett County seeks to provide shelter and comfort to those adversely affected by creating and following a detailed Emergency Response Plan. In accordance with the County's Emergency Response Plan , and the instructions of the Emergency Operations Center Director, Harnett County employees may be required to carry out specific emergency response tasks to ensure the safety and continued prosperity of the County. These tasks may be carried out at the Emergency Operations Center or at other sites necessary for emergency response . Such employees , who work under the direction of the Emergency Operation Center Director during such an emergency ... or natural or man-made disaster, will be compensated according to th is policy. County Offices Remain Open : If the emergency or natural disaster requires the activation of the Emergency Operations Center and County offices are open as regularly scheduled, employees required to work under the direction of the Emergency Operations Center Director will be compensated as described below : L Nonexempt employees , as defined above in Article Ill , Section 4-2-11..and in the FLSA, will be paid one and one-half (1 and %) times their regular rate of pay for actual hours worked beyond the regular 40 hour workweekemployee's regular 40-hour work week schedule , except as described below . .,. a . For employees who have a regular work week other than 40 hours, they will be paid one and a half (1 and %) times their regular rate of pay for actual hours worked beyond their regular work week. J;L_Exempt employees, as defined above in Article Ill , Section 4-2-11..and in the FLSA, will be paid one (1) time their regular rate of pay for actual hours worked beyond the regular 40 hour workv1eekemployee's regular 40-hour work week schedule, except as described below. e-:-a . For employees who have a regular work week other than 40 hours, they will be paid one (1) time their regular rate of pay for actual hours worked beyond their regular work week . B. In the event a holiday occurs within this period , both nonexempt and exempt employees , as defined above in Article Ill, Seetion 12 and in the FLSA, 111ill be paid one and one half (1 and ~) times their regular rate of pay for eaeh hour worked that day in addition to the normal holiday pay . County Offices Are Closed : If the emergency or natural disaster requires the activation of the Emergency Operations Center and County offices are closed, employees required to work under the direction of the Emergency Operations Center Director will be compensated as described below: L Nonexempt employees , as defined above in Article Ill , Section 4-2-11..and in the FLSA, will be paid one and one-half (1 and %) times their regular rate of pay for actual hours worked beyond the regular 4 0 hour workweekemployee's regular 40-hour work week schedule, except as described below . This compensation w i ll be in addition to any other compensation to which the employee is entitled-ta . 011519 HCBOC Page 2 a . For employees who have a regular work week other than 40 hours. they will be paid one and a half (1 and %} times their regular rate of pay for actual hours worked beyond their regular work week . .!L_Exempt employees , as defined above in Article Ill , Section 42-11.and in the FLSA, will be paid one (1) time their regular rate of pay for actual hours worked beyond the regular 40 hour workweekemployee 's regular 40-hour work week schedule. except as described below . b:-a . For employees who have a regular work week other than 40 hours, they will be paid one (1} time their regular rate of pay for actual hours worked beyond their regular work week . b._ln the event a holiday occurs within this period , both nonexempt and exempt employees, as defined above in Article Ill, Section 12 and in the FLSA, will be paid one and one-half (1 and %) times their regular rate of pay fo r each hour worked that day in addition to the normal holiday pay. D. For full-time employees who work on rotating shifts, with the regular shift falling on the holiday, these employees will be compensated in accordance with Article VI, Section 2 of this ordinance, and will not receive pay at one and one-half times their regular rate for their regular shift. E. When the County Manager provides Administrative Leave as a result of County offices being closed, employees required to work under the direction of the Emergency Operations Center Director will receive Administrative Leave in addition to any compensation they earn during the event. For nonexempt employees, as defined above in Article Ill, Section 12 and in the FLSA, any Administrative Leave will not count towards the time needed to earn one and one-half (1 and %} times their regular rate of pay. For the purpose of payroll, event timesheets should cover only the period during which the County's Emergency Operations Center is activated . Employees required to work under the direction of the Emergency Operations Center Director will not be compensated for the time required to report to the Emergency Operations Center or their designated location if elsewhere. In the event employees are required to work long and continuous hours, the County Manager may grant time off with pay/administrative leave for rest and recuperation to ensure safe working conditions. In order to ensure the safety of the County's personnel, citizens. and continued operations of emergency response tasks, employees required to work under the direction of the Emergency Operations Center Director will be required to take a break of at least eight hours within a 24-hour period . Sec t ion 11. Emergency Opera tions In the event of natural or man-made disaster, the County Manager and the BOC reserves the right to close all County offices , but still require County employees, essential and non-essential , to report to work to assist with any necessary emergency operations . 011519 HCBOC Page 3 Those employees required to work during a natural or man-made disaster will be compensated in accordance with Article IDVI , Section 49--13 of this policy. Any employees who are required to work under the direction of the Emergency Operations Center Director during an emergency or natural disaster will be compensated in accordance with Article Ill, Section 18 of this policy. Sec tion 13. Adverse Weather Policy (Admini strative Leave) Purpose : Harnett County must ensure the delivery of services to citizens and businesses even during times of adverse weather. Considering the varied geographic locations and diverse populous of this County, it is the intent of this Adverse Weather Policy to establish a uniform Countywide plan regarding how operations will be affected during times of adverse weather and to establish guidelines for accounting for time and for releasing non-essential personnel from work when: (1) adverse weather proh ibits or adversely impacts the ability of non-essential personnel to report to work or to remain at work, or (2) adverse weather necessitates the suspension of non-essential operations . Note: All County employees are to presume, unless otherwise notified, that County operations will continue as normal and they are expected to report to work regardless of any weather or other emergency conditions that may develop. The Harnett County Adverse Weather Policy will not go into effect until the County Manager has determined that normal operations at all Harnett County facilities is jeopardized by the existence of adverse weather that may put lives or property in danger. Such a determination will be forwarded to all major news and radio outlets across the County, distributed via Harnett County e-mail, and posted on www.harnett.org and designated County social media platforms. Designation of Essential & Non-Essential Personnel : All County employees shall be designated as essential or non-essential personnel by the appropriate Department Head or the County Manager. Non-essential personnel shall be designated in writing through an e-mail or memorandum. This e-mail or memorandum shall act as an employee's recognition of his or her status as a-non-essential personnel. Essential personnel shall be designated in writing through a formal memorandum and each essential employee shall acknowledge this designation in writing. This designation and acknowledgement will be included in each employee's personnel file. While not all County department heads and/or their assistant directors may be considered essential personnel, all department heads and/or their assistant directors should make themselves available to the County Manager via an agreed upon method of communication should they be needed during times of adverse weather. Some County departments may, in their discretion, assign employees to shifts in order to maintain essential County operations. In these situations, employees may be deemed essential or non-essential in accordance with their respective shift. Duties of Essential Personnel: A. Essential personnel who are required to work during adverse weather because their positions have been designated as such by their Department Heads or the County Manager aA4-should perform to the best of their abilities during this time . 011519 HCBOC Page 4 B. Those essential personnel who cannot report to work because of driving conditions will notify their immed iate Supervisor or Department Head so that County transportation can be dispatched to pick them up . C. If an essential employee refuses to report to work, remain at work, or be carried to work by County transportation once this pol icy has been activated the employee will not be granted administrative leave and will be charged absent. D. Essential employees are not allowed to take a day off at such future time to compensate for working during an emergency. Any compensation received by such employees for working during an emergency is governed by the Emergency Operations Compensation policy addressed in Article Ill , Section 19. Non-Essential Personnel & Administrative Leave : A. Non-essential personnel are those employees who may be approved for administrative leave during adverse weather because their positions have been designated as such by their Department Head or the County Manager. B . Once this policy has been activated , administrative leave for nonessential personnel may be granted in the discretion of the County Manager to administratively excuse all non-essential personnel. C. Administrative Leave will be granted to employees in the amount of hours the employee is scheduled to work, not to exceed 10 hours . D . Entitlement to administrative leave depends on a variety of factors. including but not limited to the non-essential employee's status at the time of the announcement, when the adverse weather develops, and how it affects County operations. a) During Normal County Operating Hours: If adverse weather develops during normal County operating hours and the County Manager so chooses to cease all County operations the following shall apply: i. If the employee was on duty and was scheduled to depart early through the use of his or her accrued leave after official word was received but before the time for dismissal , leave is charged only from the time the employee departed until the dismissal time. ii. If the employee was scheduled to return to duty after an initial period of leave and dismissal is given before the employee can physically report to work, leave is charged until time for dismissal. b) Outside of Normal County Operating Hours: If adverse weather develops outside of normal County operating hours but there is no significant curtailment of county activities the following applies: i. Regardless of road and weather conditions essential and non- essential employees are expected to be at work on time. Employee tardiness caused by treacherous driving conditions may be excused on a case-by-case basis by their department head or the County Manager, but failure to report to work will result in the employee being charged absent. ii. The County Manager, in his or her discretion , may delay opening the County for a period of the workday . In the event he or she chooses to do so, non-essential personnel will be administratively excused for the delay period , but this does not excuse an employee from being absent once the delay period has passed . c) Outside of Normal County Operating Hours: If adverse weather develops outs ide of normal County operating hours but there is a significant curtailment of County activities the following applies : _i. _If the County Manager, in his or her discretion , chooses to cease all non-e ssential operations for the entirety of the day, the day will be 011519 HCBOC Page 5 E ent I I ate 01 ening Cosed Early Closing considered a non-work day and non-essential personnel will be administratively excused . E. Non-essential employees are not authorized to work when the County Manager deems that their service is not required for continued County operations. Note: The chart below details the previous information and is a complete summary of the same. Employee Action Non Essential Essential Non Essential Essential Employees (Exem(:!t and Non-exempt) fE*empt~ Paid administrative leave from regular start time to County opening time. All essential Does not report Employees may use any of his or her accrued leave time to receive full personnel, compensation for the remainder of the work day. regardless of exemption Employee is paid for his or her actual statutes, must Reports to work time worked & receives administrative report to work leave from regular start time to County during an adverse opening time. weather situation Employee is paid for his or her actual Resei,;es full day pay. and will be compensated in Reports later than time worked & receives administrative accordance with announced leave from regular start time to time this Ordinance. opening County opening time&, if necessary, may use any accrued leave to receive Some County compensation equal to a full standard degartments may , work day. in their discretion, Paid administrative leave for time County offices are closed , but accrued leave assign em(:!loyees Has scheduled time is used to receive full compensation for the remainder of the work day. to shifts in order use of accrued to maintain leave time . essential County o(:!erations . In these situations, Any Leave without Leave without pay is still charged em[:!loyees may Pay status be deemed Is scheduled to Awarded administrative leave for the day for their scheduled work day, UQ to 10 essential or non- work hours ., essential in Has scheduled Awarded administrative leave will oot-be granted. accordance with use of accrued their shift. leave time. Any Leave without Leave without pay is still charged . (This requirement does Pay status (FMLA, not apply to those County Military Leave) employees in an Paid administrative leave for time County offices are closed. Employees may use approved leave without Does not report any of his or her accrued leave time to receive full compensation for the pay s tatus) remainder of the work day. Employee is paid for his or her actual Reports to work time worked & receives administrative leave from County closing time to regular quitting time to receive full compensation for the remainder of the work dav. Employee is paid for his or her actual Gets full day pay Leaves work time worked & receives administrative earlier leave from County closing time to regular quitting time&, if necessary, may use any accrued leave to receive compensation equal to a full standard work dav. Paid administrative leave for time County offices are closed , but accrued leave Has scheduled time is used to receive full compensation for the remainder of the work day. use of accrued leave time . Any Leave without Leave without pay is still charged Pay status 011519 HCBOC Page 6 BENEFITS OF PARTICIPATION CALEA IN CALEA ACCREDITATION N<=-•oac~ 011519 HCBOC Page 7 Agenda Re uest f {) Board Meeting Agenda Item MEETING DA TE: January 7, 2019 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Consulting Services Agreement REQUESTED BY: Sheriff Wayne Coats REQUEST: Sheriff Coats requests approval of Consulting Services Agreement in the amount of $64,800 per year with Michael D. Robertson to consult on the update of policy and procedures and to begin the process of receiving Accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). The CALEA Accreditation is a proven management model that is recognized by the International Association of Chiefs of Police, National Organization of Black Law Enforcement Executives, National Sheriffs Association, and Police Executive Research Forum. CALEA gives the Sheriff continuing information that promotes the efficient use of resources and improves service delivery. The advantages of CALEA are: a) Demonstrates the agency's commitment to excellence in leadership, resource management, and service-delivery, b) Accredited agencies are better able to defend themselv es against civil lawsuits, c) Agencies may see a reduction in their liability in surance cost, and d) Give the Sheriff a proven management system of written directives , sound training, clearly defined lines of authority, and routine report s that support deci sion-making and resource allocation. Thi s contract will not require additional fund s this budget year. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P :\BOC\agendafo rm2019 Sheri ff CALEA cons ulting agreem en t.docx I o f 2 Page 011519 HCBOC Page 8 CONSULTING SERVICES AGREEMENT This Agreement (hereinafter referred to as "Agreement") is entered into on January __ , 2019 by and between Michael D . Robertson (hereinafter referred to as "Consultant ") and the Hamett County Sheriffs Office (hereinafter referred to as "Client"). In consideration of the mutual promises set forth between the parties herein, it is agreed as follows : 1. Consultant, as an independent contractor and not as an employee of Client, will perform consulting services for and at the request of Client. As an independent contractor, Consultant shall not represent himself as an agent or employee of Client for any purpose in the performance of Consultant's duties under this Agreement. Accordingly, Consultant shall be responsible for payment of all federal, state, and local taxes as well as business license fees arising out of Consultant's activities in accordance with this Agreement. For purposes of this Agreement, taxes shall include, but not be limited to, Federal and State Income, Social Security, and Unemployment Insurance taxes. 2. Consultant shall provide the following consulting services for Client: a. Provide guidance and assistance in completing all required Commission on Accreditation for Law Enforcement Agencies ("CALEA") applications. b . Review Client's policies and general orders for conformity to CALEA standards. c. Provide suggestions on changes of policy and general orders to align current practice with CALEA standards. d. Assist in the inspections of Client's facilities to ensure compliance with CALEA standards. e. Assist in the inspections of Client's vehicles and specialized equipment for CALEA compliance. f. Create files for each CALEA standard. g. Assist Client with preparing for mock on-site assessments. h. Provide review of notes and suggestions for changes after mock inspections. 1. Provide operation assistance for on-site assessment. J . Provide on-site assistance during on-site assessment. k. Prepare a summary of on-site assessment issues and make recommendations for correction. I. Assist Client with preparation for presentation to CALEA Commissioners. 3. The term of thi s Agreement (the "Initial Term") shall be January 1, 2019 through June 30, 2019 and may be renewed for an additional one-year term upon the written consent of both parties. The compensation to be paid to Consultant for an additional one-year term shall be negotiated at the time of renewal. 4. In compensation for services to be provided hereunder described a s the re view, writing, and publication of the Client's Policy and Procedures Manuals, the Client will pay Consultant the sum of $45.00 per hour for services rendered not to exceed 120 hours per 011519 HCBOC Page 9 month for a maximum of $32400 .00 for the Initial Term of the Agreement. Invoices shall be submitted to the Client on the first day of the month for services rendered for the preceding month. 5. All writings shall be compliant with the policies of CALEA. Final approval of all policies is the responsibility of the Client and no policy will be published without that approval. 6. It is further understood and agreed that this Agreement includes reimbursement for ordinary out-of-pocket expenses. Any extraordinary expenses are not included, and both parties must agree on the expense item and reimbursement prior to an extraordinary expense being incurred. The Consultant shall provide receipts for any such extraordinary expense. 7. Consultant acknowledges that Consultant presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. 8. Consultant shall not assign nor transfer any interest in this Agreement without prior written consent of Client. 9. Consultant is registered in the State ofNorth Carolina as an "S" Corporation and will take all actions necessary to comply with record keeping requirements established by law or regulation. If Client is required to file as employer, principal , or in any other capacity, Consultant will prepare the necessary documents and submit them to Client for review and signature. Consultant will assume the costs for any registration fees as required by North Carolina law or any other jurisdiction. 10. Sheriff Wayne Coats, or a designated alternate, is the Client representative with auth ority to administer this Agreement. In this capacity, he is authorized to receive and approve bills and to agree to any modification of this Agreement in writing by mutual consent of the parties. Michael D. Robertson shall serve as the contact for Consultant. 11. Consultant shall comply with all federal, state and local laws and regulation applicable with the services described herein and will indemnify and hold Client harmless for any failure to comply with such laws with respect to the services Consultant provides on behalf of Client. 12 . Consultant shall hold Client and its official s , agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including attorneys fees) arising out of or resulting from the performance under this Agreement or the actions of Consultant or his employees or contractors under this Agreement or under the contracts entered into by Consultant in connection with this Agreement. This indemnification shall survive the termination of this Agreement. 13. Cons ultant and its employees will treat all information and documentation received from Client, regardless of form, as confidential and such shall at all times remain the property 011519 HCBOC Page 10 of Client; will use such information and documentation only in connection with the representation of Client; and will not disclose any such information or documentation to any other person; firm or entity without the prior written consent of Client. 14. Either party may terminate this Agreement, without cause, upon 30 days written notice to the other party. This Agreement may be terminated, for cause, by the non-breaching party by notifying the breaching party of a substantial failure to perform in accordance with the provisions of this Agreement and if the failure is not corrected within 10 days of the receipt of the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law. Termination of this Agreement, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party. 15. This Agreement shall be subject and governed by the laws of the State of North Carolina. All actions relating in any way to this Agreement shall be filed and heard in the Superior Court of Harnett County. 16. Failure of either party to insist upon strict performance of any covenant or condition of this Agreement in any one way or more instances shall not be construed as a waiver for the future of such covenant, but the same shall be and remain in full force and effect. 17. Consultant understands that E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes. Provided that Consultant is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State, then Consultant understands and certifies that they shall verify the work authorization of the employee through E-Verify in accordance with §64-26(a) of the North Carolina General Statutes. Consultant further certifies that his subcontractors comply with E-Verify pursuant to federal law, and Consultant will ensure compliance with E-Verify by any subcontractors subsequently hired by Consultant. 18. Any notice required or permitted under this Agreement must be sent by registered or certified mail , return receipt requested and shall be deemed given when received by the individuals set forth below: Michael D. Robertson 228 Pinewinds Dr Sanford, NC 27332 Wayne A. Coats Sheriff Harnett County Sheriff's Office PO Box399 Lillington, NC 27546 19. This Agreement constitutes the final , complete and exclusive statement of the terms of the Agreement between the parties regarding its subject matter and supersedes any prior and contemporaneous offers, negotiations and understandings, whether oral or written, 011519 HCBOC Page 11 between the parties. This Agreement may be amended only by written mutual agreement of both parties. This Agreement shall apply to all employees of the Client and its subsidiaries, as well as to all employees of the Consultant. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date signed below: Michael D. Robertson Date Sheriff Wayne A. Coats Date Paula K. Stewart, County Manager Date 011519 HCBOC Page 12 Board Meeting Agenda Item Agenda Re uest _____ 1 __ 1 ___ _ MEETING DATE: January 7, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Additional position request REQUESTED BY: Sheriff Wayne Coats REQUEST: Sheriff Coats requests an additional Administrative Assistant position, Pay Grade 17 $34,234, to assist in the management of the update of policy and procedure and to begin the process of receiving Accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). This position will not require additional funding this budget year. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\B0C\agendafo rm201 9 Sh eri ff CA LEA cons ulting.docx Page I of l 011519 HCBOC Page 13