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120219mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting December 2, 2019 The Harnett County Board of Commissioners met in regular session on Monday, December 2, 2019, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 9:00 am. Vice Chairman Penny led the Pledge of Allegiance and invocation. NC General Statute 153A-39 requires the Board of Commissioners to reorganize at its first regular meeting in December of each year. Ms. Wheeler opened the floor for nominations for chairman. Commissioner Miller nominated Commissioner Penny. Commissioner McKoy nominated Commissioner Springle. Commissioner Penny moved to close the nominations. Commissioner Springle seconded the motion that passed unanimously. The nomination of Commissioner Penny as chairman was approved 3 to 2 with Commissioners Springle and McKoy opposing. The nomination of Commissioner Springle as chairman failed 2 to 3 with Commissioners Miller, Penny and Johnson opposing. Ms. Wheeler congratulated Chairman Penny. Ms. Wheeler opened the floor for nominations for vice chairman. Commissioner Johnson nominated Commissioner Miller. Commissioner Miller moved to close the nominations. Chairman Penny seconded the motion that passed unanimously. The nomination of Commissioner Miller as vice chairman was approved 3 to 2 with Commissioners Springle and McKoy opposing. Ms. Wheeler congratulated Vice Chairman Miller. Chairman Penny called for any additions or deletions to the published agenda. Vice Chairman Miller moved to approve the agenda as published. Commissioner Springle seconded the motion that passed unanimously. December 2, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 5 Commissioner Springle moved to approve items on the consent agenda. Vice Chairman Miller seconded the motion, which passed unanimously. 1. Minutes: November 18, 2019 Regular Meeting October 29, 2019 Work Session 2. Budget Amendments: 3 Health Code 1105110 502010 1105110 330210 417 Asset Forfeitures Code 2178303 598500 2178303 390990 420 Public Safety Code 2104590 598500 2103900 390990 477 General Fund Code 1109800 598700 1103900 390990 Salaries Federal Funds — Family Planning Interfund Trans — Capital Res Fund Balance Appropriated Interfund Trans — Capital Res Fund Balance Appropriated Interfund Trans Fund Balance Appropriated 3. Resolutions to add roads to state system (Attachments 1, 2 and 3) 45 decrease 45 decrease 203,232 increase 203,232 increase 203,232 decrease 203,232 decrease 13,864 increase 13,864 increase 4. Harnett Regional Water requested approval of write-offs for the third quarter of 2019 in the amounts of $23,659.25. All of these accounts have been delinquent for more than three years. The facilitation of these write-offs is an important step in a continuing effort to effectively manage our collections and bad debt. 5. Harnett County Health Director requested approval to increase the fee for #90651 Gardasil to $240. 6. Harnett County Sheriff's Office requested approval to purchase software for $139,631.94 from Central Square (Tritech) to upgrade our record management software. The Sheriff's Office will use funds from the Sheriff's Federal Asset Forfeiture Fund to pay for the software upgrade. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following citizens addressed the Board: - Floyd Heins of 411 Rainey Drive - Jay Sills of Dunn December 2, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 5 Commissioner Miller moved to approve the appointment listed below. Commissioner Springle seconded the motion that passed unanimously. Library Board of Trustees Crystal Overbee was appointed to serve on this Board as the Town of Coats representative for a term of three years expiring December 31, 2023. Town of Erwin Planning Board (ETJ) Roger Brown was appointed as an Extra Territorial Jurisdiction (ETJ) alternate for the Town of Erwin Planning Board for a term of three years expiring December 5, 2022. Janet A. Whetstone -Perez, Sandhills Regional Traffic Engineer with NCDOT, presented requests for approval endorsing safety improvements at the intersection of NC 55 at SR 1532 (Oak Grove Church Road) and at the intersection of NC 55 at SR 1006 (Old Stage Road) in Harnett County by North Carolina Department of Transportation. Ms. Whetstone -Perez responded to questions from commissioners and discussions continued. Ms. Whetstone -Perez reviewed the process for securing funding for these safety improvements Chairman Penny moved to approve the Resolution Endorsing Safety Improvements at the intersection of NC 55 at SR 1532 (Oak Grove Church Road) in Harnett County by North Carolina Department of Transportation. Vice Chairman Miller seconded the motion that passed unanimously. (Attachment 4) Chairman Penny moved to approve the Resolution Endorsing Safety Improvements at the intersection of NC 55 at SR 1006 (Old Stage Road) in Harnett County by North Carolina Department of Transportation. Commissioner McKoy seconded the motion that passed unanimously. (Attachment 5) Rick Houp, CEO of the YMCA of the Sandhills, provided an update on the YMCA and listed upcoming activities including a ribbon cutting ceremony for the new facility scheduled for noon on January 6, 2020. He thanked the Board for partnering with the YMCA and Commissioner Miller for consenting to serve on the YMCA Board. Mr. Houp reported that this project came in $240,000 over budget and requested a waiver from the Board for a little over $24,000 for a tap fee for setting the meter. He stated extra costs incurred included changing the water line for the indoor pool from 1 Yz inch to 2 inch, which was not a part of the original plan. He said by doing so they also had to change all of the plumbing and fixtures inside the building due to the greater water pressure. Mr. Houp responded to questions by the Board. Commissioners will discuss this request for waiver during their upcoming work session. Senior Staff Attorney Christopher Appel briefly reviewed a draft development agreement between the County of Harnett and Greenfield Serenity, LLC. He reminded the Board that this development agreement came up mainly due to the sprinkler issues that we encountered with developers. He said previously that the Unified Development Ordinance required homes built on lots below 9,000 feet to have residential sprinklers installed in addition to hydrants. December 2, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 5 Mr. Appel sought guidance regarding advertisement for a public hearing for and consideration of the development agreement on December 16, 2019. Mr. Appel responded to question and comments from commissioners. Mr. Matt Brubaker, Manager of Greenfield -Serenity, LLC, was present and addressed the Board. Harnett County Development Services Director Mark Locklear also addressed the Board; he compared the change to what is required for townhomes. They stressed the desired outcome is to give the fire department time to arrive and put the fire out before it spreads to surrounding houses given they are built so close together due to small lot sizes. It was the consensus of the Board for staff to move forward with noticing the public hearing regarding the development agreement for two weeks before the December 16, 2019. Senior Staff Attorney Christopher Appel and Assistant County Manager Brian Haney presented the following proposed amendments to the Harnett County Personnel Ordinance: - Adding definitions for Regular Work Schedule Employee and Irregular Work Schedule Employee under Article I, Section 3. Amending Article III, sections 11 and 12. The purpose of these amendments is to clarify the County's policies regarding the accrual of overtime and compensatory time, and to provide consistency among County departments regarding time sheet entry and the avoidance of overtime and compensatory time accrual where possible. Amending Article VI, sections 7, 9 and 13, and Article VII, section 1. The purpose of these amendments is to provide clarification regarding health benefits for current County employees and retirees. Staff responded to concerns by Commissioner McKoy about the possibility of cancelling insurance for some retirees due to not being able to collect insurance premiums from those retirees. They said the proposed amendment includes clarifying language spelling out the enforcement piece within the ordinance. Staff said they would educate retirees to make there is a clear understanding of what happens if they do not pay their insurance premiums. Commissioner Springle moved to approve the proposed amendments to the Harnett County Personnel Ordinance as presented. Vice Chairman Miller seconded the motion that passed unanimously. (Attachment 6) Harnett County Budget Director Renee Paschal presented Harnett County's recommended FY 2021-27 Capital Improvements Program (CIP) in detail. Mrs. Paschal's presentation included: Review legal framework for CIP Review of CIP Process for FY 2021-2027 Proposed CIP Process Going Forward Criteria for Ranking Projects Funding Strategy Reader's Guide Action Summary Projects Next Steps December 2, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page4of5 Mrs. Pascal noted a CIP is not legally required however if done, statutes charges the County Manager with its preparation. She shared the benefits of doing such a plan but stressed that a CIP plan is not a budget and does not authorize spending. Staff expressed their hope that the Board will consider adopting the proposed CIP as presented during their regular December 16, 2019 meeting. Mrs. Pascal also responded to Commissioner McKoy's inquiry about the County's Vehicle Purchasing Policy for non -emergency vehicles. Last, Mrs. Pascal reviewed the Detention Center Housing Unit Addition Feasibility Study in detail. In no scenario did the revenue cover the county's full costs, including debt service and operating expenses. It is also projected a new housing unit will be needed in 2030 to house local inmates. Commissioner McKoy left the meeting at 11:28 am. Ms. Stewart presented the following reports: - Harnett County Parks and Recreation Quarterly Report — September 2019 - Sandhills Center's quarterly fiscal report, financial statements and compliance report There was no new business. Vice Chairman Miller moved to go into closed session for the following purpose(s): (1) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of a certain claim; and, (2) To instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property; and, (3) To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3)&(5)&(6). Commissioner Springle seconded the motion that passed 4 — 0. Commissioner Springle moved that the Board come out of closed session. Commissioner Johnson seconded the motion that passed 4 — 0. Vice Chairman Miller moved to adjourn the meeting at 1:27 pm. Commissioner Johnson seconded the motion that passed 4 — 0. and Penny, Chairma t Regina eler, Clerk December 2, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 5 ATTACHMENT 1 Harnett C 0 U N TY NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Quail Glen Subdivision English Springer Drive Setter Court Pointer Drive Duly adopted this 2nd day of December 2019. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: et ' egina v, eeler Cl:, to the Bo strong roots • new growth Howard Piny, Chairman www.harnett.org ATTACHMENT 2 Harnett COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Coopers Creek Subdivision Birch Avenue Dandelion Place Okame Court Duly adopted this 2nd day of December 2019. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: arg C1er1C et Regina 41 eeler o the Bo strong roots • new growth Howard Pe , , Chairman www.harnett.org ATTACHMENT 3 Harnett COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Thomas Manor (formerly Shaylah's Knoll) Subdivision Widgeon Way Pintail Drive Ringneck Court Duly adopted this 2nd day of December 2019. HARNETT COUNTY BOARD OF COMMISSIONERS irAdi ATTEST: arga -t Regina ' eeler Clerk • the Board strong roots • new growth Howard Pe •, Chairman www.harnett.org ATTACHMENT 4 Harnett COUNTY NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS ENDORSING SAFETY IMPROVEMENTS IN HARNETT COUNTY BY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION www.harnett.org WHEREAS, the North Carolina Department of Transportation has requested a Resolution from the Harnett County Board of Commissioner's endorsing safety improvements at the intersection of NC 55 at SR 1532 (Oak Grove Church Road); and WHEREAS, the North Carolina Department of Transportation proposes to make improvements to this intersection. Said improvements will convert the intersection to an All -Way Stop to enhance the safety of this intersection; and WHEREAS, the construction to this improvement will be at no cost to Harnett County. NOW THEREFORE BE IT RESOLVED, that the Harnett County Board of Commissioners endorses the North Carolina Department of Transportation converting the intersection of NC 55 at SR 1532 (Oak Grove Church Road) to an All -Way Stop to enhance its safety. Duly adopted this the 2nd day of December, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: /4 i I. .1., et Regina eeler, Clerk strong roots • new growth Penny, Chairman ATTACHMENT 5 Harnett COUNTY NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS ENDORSING SAFETY IMPROVEMENTS IN HARNETT COUNTY BY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION www.harnett.org WHEREAS, the North Carolina Department of Transportation has requested a Resolution from the Harnett County Board of Commissioner's endorsing safety improvements at the intersection of NC 55 at SR 1006 (Old Stage Road); and WHEREAS, the North Carolina Department of Transportation proposes to make improvements to this intersection. Said improvements will convert the intersection to an All -Way Stop to enhance the safety of this intersection; and WHEREAS, the construction to this improvement will be at no cost to Harnett County. NOW THEREFORE BE IT RESOLVED, that the Harnett County Board of Commissioners endorses the North Carolina Department of Transportation converting the intersection of NC 55 at SR 1006 (Old Stage Road) to an All -Way Stop to enhance its safety. Duly adopted this the 2nd day of December, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS o ar. Penny, Chairman Marg t Regina eeler, Clerk strong roots • new growth �i vfyxPv°.I�s b`i tile C f oY;git:i�it>;*„`., Clad ysY �:r,unt'� Board Meeting jt Agenda Item ATTACHMENT 6 MEETING DATE: December 2, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Amendments to Harnett County Personnel Ordinance Senior Staff Attorney p pp REQUESTED BY: Brian Haney, Assistant County Manager and Christopher Appel, el, REQUEST: Administration and Legal present the following amendments to the Harnett Ordinance for consideration: County Personnel Adding definitions for Regular Work Schedule Employee and Irregular Work Schedule Employee under Article I, Section 3. Amending Article III, sections 11 and 12. The purpose of these amendments is to clarify County's policies regarding the accrual of overtime and compensatory time, and to provide consistencyconsistency among County departments regarding time sheet entry and the avoidance of overtime and compensatory time accrual where possible. Amending Article VI, sections 7, 9 and 13, and Article VII, section 1. The purpose of these amendments is to provide clarification regarding health benefits for current County employees and retirees. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\Microsoft\Windows\INetCache\Content.outlook\OZMK66X9\2019.12.02 Agenda Request - Personnel Ordinance.docx Page 1 of 2 (The following definitions will be added under Article I, Section 3.) Irregular Work Schedule Employee: Any employee who, on a regular, rotating, or intermittent basis, works an evening or night who maintains a work schedule beyond the day shift or any employee who works a day shift whose work schedule is subject to change on a regular, rotating, or intermittent basis. Regular Work Schedule Employee: Any employee who typically works a set schedule which consists of an average of 40 hours a week or 2080 hours per year. Section 11. Overtime / Compensatory Time Definition: Overtime work or work that will result in the accumulation of compensatory time shall be considered (1) any hours worked greater than 40 hours in a normal work week, or (2) work performed by any County employee at the direction, instruction, or knowledge of a Supervisor, Department Head, or authorized managerial representative, which exceeds the normal work week or work period of the employee. Planning to avoid overtime: It is the policy of Harnett County that overtime or the accumulation of compensatory time be avoided at all times. Therefore, Supervisors or Department Heads should arrange their employee work schedules so as to avoid overtime by accomplishing the required work within the hours of a normal workweek. Authorization: All overtime must be duly authorized by a Supervisor or Department Head before payment for such services are rendered. Exempt Employees: Exempt employees, as defined by the Fair Labor Standards Act ("FLSA"), are (1) provided a salary for the completion of their occupational duties and responsibilities that does not change from pay period to pay period based on variations in quality or quantity of work, (2) earn at or above the minimum wage established by FLSA, and (3) are designated employees in executive, administrative, or professional positions, within the meaning of those terms as set forth in the United States Department of Labor Regulations. Such employees are exempt from earning any overtime pay in accordance with the FLSA, but, if required to work overtime, shall receive compensatory time off at a rate of one (1) hour for each hour of overtime worked. A. Such employees will be paid at their regular pay rate for all overtime hours or accrued compensatory time in excess of 80 hours. B. In the event that a salaried employee is terminated, they shall be paid for accrued compensatory time up to eighty (80) hours at the regular rate. C. In special circumstances, the BOC reserves the right to compensate salaried employees for any overtime worked with monies earned. Non-exempt employees: Designated employees in other areas of employment for the County are entitled to overtime pay in accordance with the FLSA. Two types of non- exempt employees exist: (1) regular work schedule employees and (2) irregular work schedule employees. A. Regular work schedule employees, required to work overtime, shall receive compensatory time off. The compensatory time shall be computed at one and one-half (1 and 1/2) hours for each hour of overtime worked. 1. Regular work schedule employees who accrue compensatory time in excess of 80 hours shall be paid overtime pay. B. Irregular work schedule employees, shall not accrue compensatory time off because the granting of such time would unduly disrupt the work schedules of such positions. 1. Such employees shall be paid overtime pay at one and one-half (1 and 1/2) times their regular pay rate for each hour worked in excess of their designated work schedule. 2. The County Manager shall designate those class of employees entitled to overtime pay in lieu of compensatory time. Law Enforcement Officers: Sworn law enforcement officers shall only receive overtime pay at the rate of one and one-half (1 and 1/2) times their regular rate of pay for any hours worked over the first 171 hours worked in a 28 -day cycle. Use: In accordance with County policy and the Harnett County Finance Office Departmental Guidelines, compensatory time must always be exhausted prior to expending vacation time. Termination: Any employee who has accrued compensatory time off, upon complete termination, shall be paid for all unused compensatory time at the final regular rate received for that employee. Section 12. Time Sheets Any time sheets required by County policy shall accurately reflect the hours worked by employees. However, work schedules can be adjusted in some circumstances to provide the flexibility needed to address situations that require employees to work more than their regular work week without significant additional costs. In order to adhere to Article III, Section 11 of the Harnett County Personnel Ordinance, "Planning to avoid overtime," employees should adjust their time sheets within the work week to avoid overtime or the accumulation of compensatory time whenever possible. Even though an employee may work more than their regular schedule in a given workday, their work schedule shall be adjusted so that they do not work more than their regular schedule in a given work week, thereby avoiding overtime or the accumulation of compensatory time. There may be situations in which an employee must physically work more than their regular work week and overtime or the accumulation of compensatory time is unavoidable, however whenever possible, overtime or the accumulation of compensatory time should be avoided. Adjustments of time within the same work week should be the first recourse of supervisors, who are charged with managing and controlling overtime or the accumulation of compensatory time. Time sheets shall be approved and certified by the employee and Supervisor prior to submission to Payroll. Approving the timesheet is an indication the supervisor agrees with the time as recorded by the employee and is an authorization to pay the employee according to recorded time. Section 6. Bereavement Leave The Bereavement Leave Policy, effective 7/1/19, establishes uniform guidelines for providing paid time off to employees for absences related to the death of immediate family members and fellow employees or retirees of Harnett County. All full-time, active employees are eligible for benefits under this policy This leave will be available on a calendar year basis from January through December. This leave will not carry forward from year to year and therefore is not payable upon termination of employment if not used. An employee who wishes to take time off due to the death of an immediate family member should notify his or her supervisor as soon as possible prior to using bereavement leave. At the discretion of the employee's supervisor or department head, verification for use of bereavement leave may be required. Paid bereavement leave will be granted according to the following schedule: • Employees may use a maximum of three consecutive workdays of bereavement leave per loss for the death of an immediate family member; which includes wife, husband, mother, father, brother, sister, daughter, son, grandmother-, grandfather, grandson, granddaughter, aunts and uncles. Also included are step-, half-, in-law, and loco parentis relationships. • Bereavement leave will be capped at six workdays per calendar year. Additionally, an employee may use any available leave for additional time off as necessary, with their supervisor's approval. • Employees will be allowed up to four hours of bereavement leave to attend the funeral of a fellow regular employee or retiree of the County, provided such absence from duty will not interfere with normal operations of the department. Section 7. Leave Without Pay Use: Any full-time County employee may be granted leave without pay for up to one (1) year by the appropriate Supervisor, Department Head, or the County Manager through the use of the Leave Without Pay Form found in Appendix C of this Ordinance. Such leave may be used for reasons of prolonged personal illness, prolonged illness of an immediate family member, personal disability, after all other forms of accrued leave have been exhausted, educational needs, special work or ongoing classes that will benefit the County, or for other reasons deemed appropriate. Returning to Work: Any employee who is granted leave without pay is obligated to return to duty within, or at the end of, the time determined appropriate by the granting Supervisor, Department Head, or County Manager, unless an extension has been requested and approved. Upon returning, the employee shall be entitled to retum to the same position he or she held at the time leave was granted or to one of like classification, seniority and pay. Failure to Return to Work: Failure of an employee to report to work once their leave has expired shall be considered a resignation and the employee's position shall be filled following the selection processes in Article IV, Section 6. Retention and Continuation of Benefits: Any employee who takes leave without pay ceases to accrue any form of leave addressed in Article VI of this policy. However, an employee must work at least half of the employee's regular monthly scheduleto accrue leave. For all non-FMLA leave without pay, employee health and dental insurance benefits will be paid by the County while the employee is on leave if the employee works at least half of their regular monthly schedule. If an employee works less than half of their regular monthly schedule, then the employee shall be responsible for their health and dental insurance premiums. Regardless of the amount of time worked during the month, an employee will be responsible for all other policies and dependent coverage premiums while on leave without pay. Employee responsible premiums will be deducted from the employee's pay or, if no pay is received, billed to the employee. If the employee is billed, the employee shall be responsible for paying their premiums by the due date on the invoice. Employees who do not pay their premiums by the due date shall have their coverage canceled. If health and dental coverage of the affected employee is canceled for non-payment, coverage will be reinstated upon returning to work. Unpaid premiums will be deducted, unless the employee pays all outstanding premiums in full upon returning to work. If any policies, other than the employee's health and dental coverage, and dependent coverage are canceled for non-payment, the employee will be eligible to re -enroll during the next open enrollment period. Section 8. Shared Leave Policy Purpose: The Harnett County Shared Leave Policy provides an opportunity for County employees to assist one another in times of need when an employee may have to be absent from work for a prolonged period of time resulting in loss of income due to a lack of accumulated leave. This policy, therefore, allows any full-time County employee to donate a specified number of hours from their accrued leave to help another employee who has exhausted all forms of his or her accumulated leave. Eligibility: Any full-time County employee is eligible to donate leave, request donative leave, or receive donated leave. Any employee receiving leave, however, is required to apply and follow the procedures of the FMLA and must be unable to work due to an accident, chronic illness or major medical condition of themselves or that of an immediate family member. Ineligibility: Part-time County employees are not eligible to donate leave, request donative leave, or receive donated leave. Also, any employee experiencing, undergoing, or receiving the following is ineligible to participate: A. Short term or sporadic conditions or illnesses B. Elective Surgery C. Normal Pregnancy D. Worker's Compensation benefits The Application Process: A. Any full-time employee who wishes to request leave through the Shared Leave Policy must submit an Application to Receive Shared Leave Form provided by the Human Resources Department at www.Harnett.org or found in Appendix C of this Ordinance. This form should be accompanied by, if not already filled out and submitted by the employee, a Comprehensive Information Release Form found in Appendix E of this Ordinance. B. These forms must be submitted to the appropriate Supervisor or Department Head who shall review the merits of the request and forward it to the Human Resources Department with a recommendation for approval or disapproval. C. The Human Resources Department will further review the request with an Employee Shared Leave Committee. The Committee and Human Resources Director will make a recommendation to the County Manager. D. The County Manager shall approve or deny all requests for receipt of shared leave and shall determine the length of the leave, not to exceed the employee's or family member's period of treatment and recovery. E. Once approved, the Human Resources Department shall advise all county employees regarding the request for shared leave. F. Direct solicitation of employees for shared leave donations by the employee requesting shared leave is not permitted under any circumstances. clear and accurate record for financial and management audit purposes. Such a system should include the following: A. Maintaining a list of all donating employees and the hours donated by each B. Adequate and prompt notification of any donated leave, the amounts of that donated leave, and when leave is granted to the recipient and the Finance Department C. Notification of actual leave deductions to the donating employees and the Finance Department. Section 9. Workers' Compensation Leave Note: The following section is covered by the North Carolina Workers Compensation Act ("NCWCA") found at NCGS §97. If any discrepancies between this section and the NCWCA should surface, the NCWCA shall control. Any full-time County employee absent from duty because of sickness or disability covered by the NCWCA may receive worker's compensation benefits and elect to use their accumulated leave as a supplemental payment for the difference between their regular salary and the payments received under the NCWCA. Employee Instructions: To ensure that a sick, injured, or disabled employee will receive all their available benefits, the following instructions should be followed. A. Emergency Situation: 1. If an injury occurs while on the job and said injury results in an emergency situation, 911 should be contacted for medical assistance and transport to the nearest medical facility. The employee, however, is still responsible for notifying the appropriate Supervisor or Department Head and completing a Workers' Compensation Leave Form & Employee Injury Report provided by the Human Resources Department at www.Harnett.orq or found in Appendix C of this Ordinance. 2. If treatment is required at the emergency care provider, the injured employee should not provide his or her current County health insurance card. The employee instead should inform his or her caretakers that his or her injury should be filed to workers' compensation. 3. If the injury occurs after normal County hours as explained above in Article V, Section 2, the employee's social security number will be used as a temporary claim number until Human Resources can file a workers' compensation claim and receive an appropriate claim number. B. Non -Emergency Situation: 1. If an injury occurs while on the job and said injury does not result in an emergency situation, but medical treatment is still required, an employee should seek treatment from: Lillington Family Medical Center 7 East Duncan St. Lillington, NC 27546 (910)893-2641 2. If, for any reason other than a medical emergency, an employee is unable to receive treatment at the Lillington Family Medical Center, he or she should contact the Risk Management and Safety Coordinator. 3. Despite injury the employee is still responsible for notifying the appropriate Supervisor or Department Head and completing a Workers' Compensation Leave Form & Employee Injury Report. C. Prescriptions: 1. If, after treatment, release, and the completion of a Workers' Compensation Leave Form & Employee Injury Report, an employee needs a medical prescription filled, the employee may go to any major pharmacy including, but not limited to, the following: CVS, Rite-Aid, Walgreens, Wal-Mart, Giant Eagle, Kroger, Meijer, Costco, and Target. 2. The employee should inform the pharmacy that he or she is covered through the NCWCA. The pharmacy should be able to electronically get approval for the prescription. 3. If the pharmacy is unable to fill the prescription or electronically get approval to fill the prescription, the employee should purchase the medicine with his or her own funds and then submit any receipts to the Risk Management and Safety Coordinator for processing and refund. D. Mileage: 1. If any injured employee travels more than twenty (20) miles on their personal vehicle to an authorized doctor's appointment following an injury filed as workers' compensation, he or she may submit mileage for reimbursement through the use of the appropriate travel form. E. Work Release Forms 1. Work release forms should be obtained by an injured employee at each doctor visit and given to the appropriate Department Head. 2. Such forms should be used by the Department Head to determine the amount, type, and frequency of work an employee may do. 3. If an employee is written out of work by a licensed physician or light duty is unavailable for the employee, he or she may be entitled to workers' compensation lost wage benefits. Such a situation is addressed below. F. Lost Wage Benefits 1. To be eligible for any lost wage benefits under the NCWCA an employee must: (1) be injured while in the service of their employer, (2) be written out of work by a licensed physician, and (3) be out of work for an initial seven (7) days. The day of injury is not included in the 7 days. 2. Once the initial seven (7) day period has passed, an employee will be eligible for lost wage benefits as long as he or she has already completed the Workers' Compensation Leave Form & Employee Injury Report. 3. If an injured employee is eligible for lost wage benefits, that employee will begin receiving workers' compensation checks to cover two-thirds (2/3) of his or her salary. 4. The remaining one-third (1/3) of an employee's salary will be recouped by using the employee's accrued leave until all the employee's leave is exhausted. This will result in an employee using one (1) entire day of leave for every three (3) days an employee remains on workers' compensation. G. Other Information: 1. If an employee receives one day of lost wage benefits, that employee's retirement benefits will be inactive for the entirety of that month. 2. While on workers' compensation leave an employee will continue to accrue all forms of leave as addressed in Article VI. Any leave accrued, therefore, will instantly be used and paid out to the employee if he or she has exhausted all accrued leave while on workers' compensation. FMLA leave will run concurrently with any employee's workers' compensation leave. 3. Employee health and dental insurance benefits will be paid by the County while the employee is on workers' compensation leave. All other policies and dependent coverage premiums will be deducted out of the employee's pay or, if no pay is received, billed to the employee. If the employee is billed, the employee shall be responsible for paying the premiums by the due date on the invoice. Employees who do not pay the premiums by the due date shall have their coverage canceled. If coverage is canceled for non-payment, the employee will be eligible to re -enroll during the next open enrollment period. Section 10. Military Leave Note: The following section is covered the Uniformed Services Employment and Reemployment Rights Act ("USERRA") found at 38 United States Code Chapter 4301-4335 and 20 Code of Federal Regulations Part 1002. If any discrepancies between this section and the USERRA should surface, the USERRA shall control. Purpose: Harnett County, in accordance with federal law, seeks to ensure that County employees who serve or have served in the Armed Forces, Reserves, National Guard, or other uniformed services: (1) are not disadvantaged in their careers with the County because of their service, (2) are promptly reemployed in their County jobs upon their return from duty, and (3) are not discriminated against in employment based on past, present, or future military service. Harnett County, along with the federal government, wishes to encourage uniformed service so that the United States can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of the County who also depends on these same individuals. With this mind the County puts into effect the following policy pertaining to military leave for all full-time County employees. Policy: A. Any full-time County employee who is a member of the Armed Forces, Reserves, National Guard, or other uniformed services will be allowed 96 hours annually (adjusted for employees having a work week with greater or fewer hours than a basic 40 -hour workweek, refer to sick schedule) to be used for any military training that an employee may be mandated to undergo as part of their service. B. If compensation provided such an employee by the United States while on military leave is less than the normal salary such an employee would have earned working his or her typical work schedule, the employee shall receive partial compensation from the County equal to the difference in the two amounts. Every effort will be made by the County to maintain the employee's normal salary during such an employee's period of military leave. Employee has the option to use leave without pay or accrued time. C. If a County employee's military duty is required beyond the allotted hours, the employee shall be allowed to recoup the Toss wages through the use of his or her accumulated leave. If the employee, however, does not have any accumulated leave or his or her accumulated leave runs out, the employee shall be given leave without pay status as addressed in Article VI, Section 6. D. Regardless of other portions of this policy and the employee's pay status, while taking military leave an employee's leave credits and other benefits shall continue to accrue as normal. E. Any time spent in military leave will not run concurrently with FMLA leave. i. Any employee who wishes to utilize FMLA leave for a serious health condition or a military exigency must supply his or her Supervisor or Department Head with the appropriate certification form within 15 calendar days after he or she has submitted their completed FMLA Leave Request Form that may be found in Appendix C of this Ordinance. Medical certification forms should be updated by the employee every 30 days unless the form indicates that the minimum duration of the serious health condition is more than 30 days. If this is the case the form should be updated at the expiration of that minimum duration. ii. The employee is responsible for paying for the cost of the certification and for making sure the certification form is delivered to the Supervisor or Department Head. iii. If the certification form is incomplete or insufficient, the County will provide the employee with a written notice stating what information is needed to make the form complete and sufficient. iv. The employee must provide the necessary information to the County within seven (7) calendar days. v. If the employee does not provide the requested certification form within the time required or fails to provide a complete and sufficient form despite the opportunity to cure any deficiencies, the County shall deny the employee's request for FMLA leave. vi. If the County has received a completed medical certification form, but has a reason to doubt the validity of such a certification, the County reserves the right to obtain a second certification from a licensed physician of the County's choosing. The County will pay for such a recertification. (Section 13, FMLA) E. Employee Protections Under the FMLA: 1. . All County employees utilizing FMLA leave are entitled to the continuation of the County's group health and dental insurance on the same terms as if he or she had continued work. All other policies and dependent coverage premiums will be deducted out of the employee's pay or, if no pay is received, billed to the employee. If the employee is billed, the employee shall be responsible for paying thei premiums by the due date on the invoice. Employees who do not pay thei premiums by the due date shall have their coverage canceled. If coverage is canceled for non-payment, the employee will be eligible to re -enroll during the next open enrollment period. 2. All County employees utilizing FMLA leave are entitled to the continued accruement of any form of leave given to an employee by the County. 3. When any County employee utilizes FMLA leave and returns from that leave, he or she will be restored to the same job or equivalent job. An equivalent job is one that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions. F. Protections for Individuals: The FMLA prohibits the following actions to be made by Harnett County: 1. Interfering with, restraining, or denying the exercise of, or the attempt to exercise any FMLA right. 2. Discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right. 3. Discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA. 4. Discharging or in any other way discriminating against any person, whether or not an employee, because that person has: i. Filed any charge, has instituted, or caused to be instituted, any proceeding under or related to the FMLA; ARTICLE VII. EMPLOYEE BENEFITS Section 1. Insurance Benefits Revised Insurance Benefits Policy: All full-time employees hired on or after July 1st, 2015, or those employees who leave the employment of the County and return to work on or after July 1st, 2015, shall be eligible for insurance benefits in accordance with the following policy. A. The County will provide individual hospitalization to all full-time employees. All full-time employees shall be enrolled in the program in accordance with the provisions of the County's insurance contracts on the first day of the month following a thirty (30) day waiting period. B. Any full-time County employee may so choose to have money deducted from his or her check to provide dental insurance for him or herself and to provide hospitalization and dental insurance for any dependents he or she may have in accordance with the provisions of the County's insurance contracts. C. Retirement health benefits are provided on a pro -rated basis for years of service as listed below. Employees who are not eligible for the benefits as outlined below will not be allowed to remain on the County's health insurance plan beyond any rights granted by the Consolidated Omnibus Budget Reconciliation Act (COBRA). D. Individuals must be County employees at the time of retirement to be eligible. If an eligible employee declines retirement health benefits at the time of retirement, the employee will not be eligible for the benefits at a later date. E. For employees retiring on or after December 16, 2019, an eligible employee must elect or decline the Medicare supplement at the time of retirement to receive the supplement upon turning 65 years of age. If an eligible employee declines the Medicare supplement, the employee will not be eligible for the supplement at a later date. F. The Medicare supplement will commence upon the employee's submittal of receipts for reimbursement for that fiscal year. The County will not reimburse the employee for receipts received for any prior years that the employee is eligible for the supplement. Standard amount of supplement is to be determined by the BOC, which will be included in the annual budget ordinance G. Retirement health benefits premium payments are due by the first day of the month that coverage is effective. The premium payment deadline (hereinafter referred to as the "grace period") ends thirty (30) days after the due date. Retired employees who do not pay their premiums in full or who do not have sufficient funds in their account for authorized bank drafts by the final day of the grace period will have their coverage canceled. If the unpaid premium amount due is only for dependent coverage, then only the dependent coverage will be canceled. However, if the unpaid premium amount due is for the retired employee and dependent coverage, then the retired employee and all dependents will have their coverage canceled. Such retired employees and/or dependents who have their coverage canceled for non-payment cannot be reinstated. However, if the premium payment is received after the coverage has been canceled due to non- payment, but the postmark date is on or before the last day of the grace period, then coverage will be reinstated. Retirement Health Benefits (Employees Tess than 65 not Medicare eligible) Minimum Years of Consecutive Harnett County Service for Eligibility 20 Years 25 Years 30 Years Percentage of Cost Paid by County Until Age 65 or Medicare Eligible 50% 75% 100% Retirement Health Benefits (Employees older than 65 and/or Medicare eligible) Minimum Years of Consecutive Harnett County Service for Eligibility Percentage of Cost Paid by County After Age 65 or Medicare Eligible 20 Years 50% 25 Years 75% 30 Years 100% Grandfathered Insurance Benefits Policy: Full-time employees as of June 30th, 2015 shall continue to be eligible to receive insurance benefits as defined below. A. The County will provide hospitalization to all full-time employees. All full-time employees shall be enrolled in the program on the first day of the month following a thirty (30) day waiting period. B. Any full-time County employee may so choose to have money deducted from his or her check to provide dental insurance for him or herself and to provide hospitalization and dental insurance for any dependents he or she may have in accordance with the provisions of the County's insurance contracts. C. Retirement health benefits are provided on a pro -rated basis for years of service as listed below. Employees who are not eligible for the benefits as outlined below will not be allowed to remain on the County's health insurance plan beyond any rights granted by the Consolidated Omnibus Budget Reconciliation Act (COBRA). D. Individuals must be County employees at the time of retirement to be eligible. E. For employees retiring on or after December 16, 2019, an eligible employee must elect or decline the Medicare supplement at the time of retirement to receive the supplement upon turning 65 years of age. If an eligible employee declines the Medicare supplement, the employee will not be eligible for the supplement at a later date. F. The Medicare supplement will commence upon the employee's submittal of receipts for reimbursement for that fiscal year. The County will not reimburse the employee for receipts received for any prior years that the employee is eligible for the supplement. For all retired employees currently receiving the Medicare supplement, the employee must submit all prior fiscal year receipts no later than June 30, 2020 to receive reimbursement. After June 30, 2020, retired employees currently receiving the Medicare supplement will not receive reimbursement for receipts submitted to the County for any prior fiscal years. Standard amount of supplement is to be determined by the BOC, which will be included in the annual budget ordinance. G. Retirement health benefits premium payments are due by the first day of the month that coverage is effective. The premium payment deadline (hereinafter referred to as the "grace period") ends thirty (30) days after the due date. Retired employees who do not pay their premiums in full or who do not have sufficient funds in their account for authorized bank drafts by the final day of the grace period will have their coverage canceled. If the unpaid premium amount due is only for dependent coverage, then only the dependent coverage will be canceled. However, if the unpaid premium amount due is for the retired employee and dependent coverage, then the retired employee and all dependents will have their coverage canceled. Such retired employees and/or dependents who have their coverage canceled for non-payment cannot be reinstated. However, if the premium payment is received after the coverage has been canceled due to non- payment, but the postmark date is on or before the last day of the grace period, then coverage will be reinstated. Retirement Health Benefits (Employees Tess than 65 not Medicare eligible) Minimum Years of Consecutive Harnett County Service for Eligibility Percentage of Cost Paid by County Until Age 65 or Medicare Eligible 10 Years of Harnett County Service Plus an additional 20 Years of Local Government Service 50% 15 Years 50% 16 Years 55% 17 Years 60% 18 Years 65% 19 Years 70% 20 years 75% 21 Years 77% 22 Years 79% 23 Years 81 24 Years 83% 25 Years 85% 26 Years 88% 27 Years 91% 28 Years 94% 29 years 96% 30 Years 100% Retirement Health Benefits (Employees older than 65 and/or Medicare eligible) Minimum Years of Consecutive Harnett County Service for Eligibility Percentage of Cost Paid by County After Age 65 or Medicare Eligible 15 Years 50% 16 Years 55% 17 Years 60% 18 Years 65% 19 Years 70% 20 years 75% 21 Years 77% 22 Years 79% 23 Years 81 24 Years 83% 25 Years 85% 26 Years 88% 27 Years 91 28 Years 94% 29 years 96% 30 Years 100%