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Amendments to the Personnel Ordinance dealing with Job related Certifications Policy, Education Leave Policyetc.AGENDA ITEM 14 C1 Aootw.a by the Hamed overs Board Meeting DW `` �tf 16f omm+sa Agenda Item jucm /� xt MEETING DATE: November 2020 JET"`—r 1..1 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Job Related Certification/Degree Policy; Education Leave Policy; Redefining Reclassifications and County Manager's Authority to Reclassify Positions REQUESTED BY: Heather Pollard, Human Resources and Chris Appel, Legal Services REQUEST: The Human Resources Department and the Legal Department request approval from the Board of Commissioners to amend the Harnett County Personnel Ordinance to (1) add the Certifications and Degrees Policy, (2) amend the Educational Leave Policy, and (3) amend those portions of the Ordinance that address reclassifications of positions. 1. The Certifications and Degrees Policy sets salary increases and approval process standards for those employees who complete certifications or post -secondary degrees that are required for the position, preferred for the position, substantially enhance their ability to perform the job, or are related to the employee's current or future job duties and responsibilities. 2. The Educational Leave Policy is being amended to provide further detail and clarity as to eligibilty for leave, the amount of leave that can be taken, and the approval process for taking such leave in order to obtain a post -secondary degree that is required for the position, preferred for the position, will substantially enhance the employee's ability to perform the job, or it is related to the employee's current or future job duties and responsibilities. 3. Articles I, Il, and III are being amended to clarify the definition of job reclassifications and to clarify the County Managers authority to reclassify a position without the Board of Commissioners approval. C:\UsaslhpoUwdA DwaUzcaPMicnmffiWindowsUNetCache\Content.Outbok\TXIVTBDK\BOC Agenda Req forth I1-2-2020 (002}dont Page 1 of 2 ARTICLE III. THE PAY PLAN Section 10. Certifications and Degrees Harnett County encourages and promotes professional development by obtaining professional certifications or post -secondary degrees that substantially enhance the employee's ability to perform the job or are related to the employee's current or future job duties and responsibilities. Full time, non -probationary employees may be eligible for a salary increase for obtaining certain certifications or post- secondary degrees during the course of their employment with the County in accordance with this policy. If an employee does not meet all the established requirements for the position and is placed in work against status until they obtain a required certification or degree, the employee will not be eligible for a salary increase under this policy. Certifications: An employee may be eligible for a salary increase not to exceed 5% for obtaining certifications that are required for the position, preferred for the position, substantially enhance the employee's ability to perform the job, or are related to the employee's current or future job duties and responsibilities. A. If a position requires specific job-related certifications as a pre -requisite for employment in order to perform the essential duties of the position, the employee must obtain such certifications prior to their date of hire and will not be eligible for a salary increase. If the position requires specific job related certifications, but such certifications may be obtained within an established period of time after their date of hire, the employee may be eligible for a salary increase. B. If a particular certification is preferred for the position, but is not required, the employee's supervisor or department head may make a written recommendation to the County Manager for approval for a salary increase. C. If a particular certification either substantially enhances the employee's ability to perform the job or is related to the employee's current or future job duties and responsibilities, the employee may submit a written request to their supervisor or department head to obtain the certification. The supervisor or department head shall review the request and make a written recommendation to the County Manager for approval of a salary increase, The salary increase percentage shall be determined in accordance with the list of certifications and degrees that shall be approved by the County Manager. The list of approved certifications and degrees and salary increase percentages may be updated by the County Manager from time to time based on the department head recommendations and the needs of the County. If an employee obtains a certification not included on the approved list but that enhances the employee's ability to perform the job or is related to the employee's current or future job duties and responsibilities, the County Manager, upon written recommendation by the employee's department head, may approve a salary increase not to exceed 5%. If the employee's department head and County Manager recommend a salary increase in excess of 5% for a certification, the Board of Commissioners must approve the increase. An employee must obtain the certification within the period required by the certification course or the deadline set by employee's supervisor or department head. If an employee fails to obtain the certification within the required timeframe, the employee must obtain department head and County Manager approval for an extension. Employees must provide a certificate or other official documentation to their supervisor or department head upon successful completion of the certification course in order to receive a salary increase. If the employee's certification requires periodic renewals or continuing education to remain active, the employee shall be solely responsible for maintaining an active certification. Should the certification expire, the employee shall have their salary reduced by the percentage received for the certification. If the certification is required for the position and the employee fails to obtain or maintain an active certification, the employee may be subject to demotion or disciplinary action, up to and including, termination. Post -Secondary Degrees: An employee may be eligible for a salary increase not to exceed 3% for an associate's degree, 5% for a bachelor's degree, and 7% for a master's or doctorate degree if such a degree is required for the position, preferred for the position, substantially enhances the employee's ability to perform the job, or is related to the employee's current or future job duties and responsibilities. A. If a position requires a specific degree as a pre -requisite for employment in order to perform the essential duties of the position, the employee must obtain such a degree prior to their date of hire and will not be eligible for a salary increase. If the position requires specific degree, but such a degree may be obtained within an established period of time after their date of hire, the employee may be eligible for a salary increase. B. If a particular degree is preferred for the position, but is not required, the employee's supervisor or department head may make a written recommendation to the County Manager for approval. C. If a particular degree either substantially enhances the employee's ability to perform the job or is related to the employee's current or future job duties and responsibilities, the employee may submit a written request to their supervisor or department head to obtain the degree. The supervisor or department head shall review the request and make a written recommendation to the County Manager for approval. The employee's department head shall submit a written recommendation of the salary increase percentage to the County Manager for approval. If the employee's department head and County Manager recommend a salary increase in excess of the salary increase cap for that type of degree, the Board of Commissioners must approve the increase. An employee must obtain the degree within the period required by the curriculum or the deadline set by the employee's supervisor or department head. If an employee fails to obtain the degree within the required timeframe, the employee must obtain department head and County Manger approval for an extension. Employees must provide a copy of the degree or other official documentation to their supervisor or department head upon successful completion of the degree in order to receive a salary increase. If the degree is required for the position and the employee fails to obtain the degree, the employee may be subject to demotion or disciplinary action, up to and including, termination. Current Policy in Personnel Ordinance: Section 12. Educational Leave Any full-time County employee may request and have granted a leave of absence in order to take one (1) educational course during or after regular County working hours as described in Article V, Section 2. Such an employee must complete and submit the Education Leave Request Form to the appropriate Supervisor or Department Head. This form is provided by the Human Resources Department at www.Harnett.orgor found in Appendix C of this Ordinance. Such educational leave will only be granted if the educational course to be taken benefits the County by better equipping the employee to perform his or her assigned job duties and responsibilities. ARTICLE VI. LEAVES OF ABSENCE Section 12. Educational Leave Harnett County supports the pursuit of additional knowledge, skills, and abilities by County employees in order to improve the efficiency of County operations and the quality of service provided to the County's residents and employees. As such, employees may apply for paid educational leave while pursuing a degree at a college. university, community college, or technical school. Full-time, non -probationary employees may be eligible for educational leave to take up to one five-hour course, which shall not include travel time to attend the course. Probationary employees are not entitled to educational leave unless as a condition of their employment, the employee is required to take a course during their probationary period. Paid educational leave may be granted in accordance with the following A. The employee is pursuing a degree that is required for the position. preferred for the position, will substantially enhance the employee's ability to perform the job, or it is related to the employee's current or future job duties and responsibilities. B. The course is a requirement of the degree. C. The course is not offered at any other time outside the employee's work hours. D. The accommodation for educational leave will not significantly disrupt the flow of work of the employee or the flow of operations of the department, unless the degree is required for the position. If an employee is granted paid educational leave, the employee will continue to earn leave credits and any other benefits to which an employee is entitled. An employee who wishes to take educational leave must complete the Education Leave Request Form, which can be found in Appendix C of this Ordinance or on the County website under the Human Resources Department tab in the Employee Forms section, and submit it to their immediate supervisor or department head prior to registering for the course. The department head shall review the request and make a recommendation to the County Manager for approval. If an employee is not approved for paid educational leave or if an employee exhausts paid educational leave. the employee may use other forms of accrued leave or apply for Leave Without Pay in accordance with Article VI of this Ordinance. APPENDIX C: ARTICLE VI FORMS Educational Leave Request Form In accordance with Article VI, Section 12 of the Personnel Ordinance, Full-time, non -probationary employees may be eligible for educational leave to take up to one five-hour course, which shall not include travel time to attend the course. Probationary employees are not entitled to educational leave unless as a condition of their employment, the employee is required to take a course during their probationary period. An employee must complete and submit this form to their immediate Supervisor or Department Head prior to registering for the course. Please print legibly, provide all the information requested below. and sign. Employee name: Last/First/Middle Street Address: City/State/Zip Phone: (_ _ _) _ _ _ - Alternate Phone: Department: Course Title: Dates of Course: / Degree Being Pursued: Title: thru 1 Credit Hours: Institution Name & Address: Name Street/City/State/Zip Brief statement describing why the course and degree is required for the position. preferred for the position or how it will substantially enhance your ability to perform your job, or how it is related to your current or future job duties and responsibilities. (attach additional documentation/statement if needed) By signing below I certify that this course is not being offered at any time outside my work hours and I acknowledge that all the information contained on this form is a true and correct representation and I am not, nor will I ever, provide the County with false information. Employee Signature Date 'Please attach supporting document, including a printout of the course description and course schedule. z For Department Head Use: Please provide a brief recommendation as to whether the above employee should be granted educational leave. Department Head Signature Approved C Denied County Manager Signature 3 Date Date ARTICLE I. ORGANIZATION OF THE PERSONNEL SYSTEM Section 3. Definitions (Listed Alohabeticalt The following definitions shall be applied to the entirety of this policy wherever such words are used. The defindOns found below shall be binding on all Harnett County employees without exception. Adverse Action: Any disciplinary action taken by Harnett County which directty results in an employee's suspension (not including investigatory suspension), involuntary demotion. dismissal, involuntary resignation, or termination. Adverse Weather: Any weather condition that adversety impacts an employee's commute to and from work or adversely impacts the County's ability to continue normal operations. Anniversary Date. An employee s original date of employment with the County. Appointing Authority: Any individual or board who has the responsibility to assign or place a person into a position. Covered Active Dutv: For members of the Regular Armed Forces this term means, duty during deployment of the member with the Armed Forces. For members of the Armed Forces Reserve this terms means. duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation. Class. Positions or groups of positions having similar duties and responsibilities requiring similar qualifications, which can be property designated by one title indicative of the nature of work performed, and which carry the same salary range. Cost of Living Increase: An annual adjustment to all pay ranges that may be made by the BOC. Such an adjustment would become effective on July 1 of each year. Daughter: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in boo parentis, who is either under age 18. or age 18 or older and incapable of self-care because of a mental or physical disability. The onset of a disability may occur at any age for purposes of this policy. Death The permanent ending of vital processes of any County employee. Disabil Any physical or mental condition that limits movement, senses, or activities to such a degree that the employee is unable to complete his essential job duties and is considered temporarily or permanentty disabled. Disciplinary Adan Any corrective measure taken by the County to improve or address an employee's job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Hamett County. Dismissal The act of Hamett County permanently removing an employee from service because the employee's current job performance, personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for an involuntarily resignation or a termination. Employee A. Full -Time Employee. 1. Permanent. A person appointed to a particular position, designated as full-time by the BOC, to perform duties and responsibilities required on a continuous and probably annually recurring basis. Such an employee's average work week will total 40 hours. Such an employee will have completed a probationary period to the satisfaction of the Supervisor or Department head and is entitled to all appeal rights and benefits afforded to them under this policy proportionate with the number of hours worked. 2. Limited Service: Any employee whose service is intended to be of limited duration but who work a normal workweek, not to exceed 12 months or in the case of a grant, the grant period. This definition excludes individuals supplied under contract by an outside agency. Such an employee is ineligible for any County benefits except holiday leave and retains no appeal rights under this policy, but may have those employee benefits mandated by federal or state law. B Part -Time Employee: 1. Permanent: Any employee who is appointed to a particular position for which the average work schedule is less than 29 hours per week or not more than 129 hours per month. Such an employee is ineligible for any County benefits (including no health benefits nor holiday pay) and retains no appeal rights under this policy, but may have those employee benefits mandated by federal or state law. 2. Limited Service. Any employee who is appointed to a particular position and whose service is intended to be of limited duration and who work less than the normal workweek. Paid intems who are employed for a limited duration fall under this category. Such an employee is ineligible for any County benefits (including no health benefits nor holiday pay) and retains no appeal rights under this policy. but may have those employee benefits mandated by federal or state law. C. Probationary Employee: A person appointed to a particular position, designated as full-time by the BOC, to perform duties and responsibilities required on a continuous and probably annually recurring basis who has not completed the probationary period. Such employees do not have appeal rights. Amended November 21, 2016 Essential Personnel: Employees who are required to work during adverse weather because they have been designated by a Department Head or County Manager. Essential Operations: Services that have been determined to be essential by the County Manager and therefore, shall be continued during adverse weather. Grievance: A specific, formal notice of a fulWime permanent County employee's dissatisfaction based upon an event or condition which affects the circumstances under which an employee works expressed through the appropriate grievance procedures. The particular dissatisfaction complained of should be reasonable to the average person and may not be frivolous, but may include: (1) any acts of discrimination against an employee because of age, sex, race, religion, color, national origin, visible or nonvisible handicaps, or pregnancy; (2) any adverse action executed under the Disciplinary Action Policy addressed in Article XI; (3) have been separated from employment due to a reduction in force or disability addressed in Article VIII, or (4) any unfair application, misinterpretation, or lack of established County policy. Hiring Rate: The initial salary or hourly rate paid an employee when hired into the county's service. This is normally the first step in the employee's salary range. Immediate Family: This tern incudes the following familial relationships: wife, husband, mother, father, brother, sister, daughter, son, grandmother, grandfather, grandson, granddaughter, aunts, and uncles. Included within this tern are the step-, half-, in-law, and in loco parentis relationships. Those individuals living within the same household may also fall within the confines of this term. In Loco Parentis: Federal law defines in loco parentis as including those with day-to-day responsibilities to care for or financially support a child. Employees who have no biological or legal relationships with a child may, nonetheless, stand in loco parentis to the child and are entitled to some federal leave benefits, however, those employees seeking to claim such federal leave benefits may be asked to prove their status. Incomplete: A forth, certification, or other important document to be delivered to the County will be considered incomplete if one or more of the applicable entries on the forth, certification, or document have not been completed. Insufficient: A forth, certification, or other important document to be delivered to the County will be considered insufficient rf the information provided is vague, unclear, or non-responsive. Failure to sign a forth. certification. or document will also result in it being considered insufficient. Investigatory Suspension. The act of Harnett County temporarily removing an employee from his or her service to the County with pay in order to provide the County with more time to thoroughly investigate a situation or to provide more time for a Department Head or the County Manager to reach a decision concerning an employee's status. Involuntary Demotion: The act of Harriett County reassigning an employee to a position or classification having a lower salary range than the employee's current position or classification because the employee's current job performance, personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harriett County. Involuntary Resignation: The act of Harnett County forcing an employee to involuntanty resign from his or her position due to the employee's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and polices of Harnett County. This word shall be considered as a synonym for a dismissal or termination. 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. Job Rate: The median salary or hourly rate an employee may receive when hired, promoted, or receiving a raise. Maximum Salary Rate: The maximum salary authorized for an employee within an assigned salary grade by the Harnett County Pay Plan. Maximum Hourly Rate: The maximum hourly rate authorized for an employee within an assigned hourly grade by the Harnett County Pay Plan. Mental/Physical Disability: A mental or physical impairment that substantially limits one or more of the major life activities of an individual. Major life activities include, but are not limited to, activities such as caring for oneself, performing manual tasks, seeing, eating, standing, reaching, breathing, communicating, and interacting with others, as well as major bodily functions. such as brain function, immune system, or normal cell growth. Conditions that are episodic or remission are considered disabil8ies I the condition would substantially limit a major life activity when active. Next of Kin: The nearest blood relative in the folkrwing order of priority. (1) a blood relative who has been designated in writing by the person in question as their next of kin, (2) blood relative who has been granted legal custody of the person in question, (3) brothers and sisters, (4) grandparents, (5) aunts and uncles, (6) first cousins. If a person has been designated in writing as the person's next of kin, they are to be considered that person's only next of kin. However, if there are multiple family members with the same level of relationship to the person, all such family members are considered to be the person's next of kin. Non -Essential Personnel: 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 Non -Essential Operations: Services that have been determined non-essential by the County Manager and therefore may be suspended during adverse weather. Outside Employment Outside employment is considered any and all employment or self-employment for salaries, wages, tips, or commissions other than the position currently held by the employee with Harnett County. Parent. A biological, adoptive. step. or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents in-law. Pay Plan: A schedule of pay ranges arranged by minimum, job rate, and maximum salary rates for each Gass assigned to the salary range. Performance Review: An annual review in which an employee's overall job performance is evaluated. This is designed to enhance communications between employees and supervisors and to facilitate employee growth. Position: The employees appointed classification which describes the duties and responsibilities to be fulled by that employee. Probationary Period: A continuous period of 6 months (12 months for law enforcement) where an employee is evaluated on job performance. Any employee serving a probationary period may be dismissed at any time without a right to appeal. Promotion: The reassignment of an employee to an existing position or classification that has a higher salary range than the position or classification from which the reassignment is made Reclassification: The reassignment of an existing position from one class to another based on changes in;re __.=-, DWI" 20j* sia aee ours" business needs working conditions shifts ,. cr^yan,za;iora, su_ct.:re. or 3mer �p!yyt J operational factors. Reduction in Force: A separation from employment with the County due to lack of funds, lack of work, or redesign or elimination of position(s), with no likelihood or expectation that the employee will be recalled to County service. 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. Reinstatement: The act of the County re-establishing a separated employee who voluntarily resigned or was separated due to a reduction in force to his or her position. Retirement: The act of an employee voluntarily resigning from his or her position with the County and drawing his or her retirement benefits from the County, LGERS, the supplemental retirement income plan, or Social Security. Salary Grading System. A grading system used by the County to organize all positions into manageable grades. All positions in any single grade are sufficiently comparable to warrant one range of pay rates Salary Plan Revision The uniform raising or lowering of the salary ranges of every grade within the salary range. Salary Range: The minimum, job rate, and maximum salary levels for a given salary grade for hiring purposes. Salary Range Revision: The raising and lowering of the salary range for one or more specific classes of positions within the Harnett County Pay Plan. School: Any public school, private church school, church or religious charter school, or nonpublic school that regularly provides a course of grade school instruction. School may also include any preschool or child care facility. Serious Health Condition: Any medical condition which requires inpatient pre at a hospital, hospice, or residential medical pre facility. or any medical condition which requires continuing pre by a licensed health pre provider. This policy shall cover any illness of a serious and long -tens nature resulting in recurring or lengthy absences. Any chronic or long term health condition resulting in a period of incapacity longer than three (3) days is to be considered a serious health condition. Son: A biological, adopted. or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because a mental or physical disability. The onset of a disability may occur at any age for purposes of this policy. Special Salary Adiustment An increase in salary within the range based on department head recommendation. Spouse.. A husband or wife as defined and recognized under North Carolina law for the purposes of marriage in this state. including common law marriage. Suspension The act of Harriett County temporarily removing an employee from his or her service to the County with or without pay because of the employee's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. Termination. The act of Harnett County terminating an employee due to the employee's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for an involuntarily resignation or a dismissal. Tr n r. The reassignment of an employee from one position or department to another position or department. Voluntary Demotion: The act of an employee voluntarily, without any undue force, pressure. or outside influence, stepping down to accept a County position with less complex job duties and responsibilities Voluntary Resignation: The act of an employee voluntarily, without any undue force, pressure, or outside influence. permanently stepping down from his or her current position with the County. This word shall be considered as a synonym for the act of an employee quitting his or her position. ARTICLE II. SALARY GRADING SYSTEM Section 1. Adoption The Salary Grading System, as set forth in this policy, is hereby adopted for Harnett County and is provided for employee reference at www hamett. org. Section 2. Allocation of Positions The County Manager shall allocate each position covered by the Salary Grading System to its appropriate grade in the plan Section 3. Administration of the Salary Grading System The County Manager is responsible for the administration, execution, and maintenance of the Salary Grading Plan so that it will accurately reflect the duties and responsibilities of employees in the grade to which their positions are allocated. Supervisors and/or Department Heads are responsible for bringing to the attention of the County Manager (1) the need for new positions and (2) material changes in the -. /lutws_ ___Jesponsibilibes, business needs working conditions, _ wwrtrrwa +' - or other operational factors affecting the grading of any existing positrons. New positrons are only to be established with the approval of the BOC after which the County Manager shall either (1) allocate the new position to the appropriate grade within the existing Salary Grading System, or (2) recommend that the BOC amend the Salary Grading System to establish a new grade for the new position. When the County Manager finds that a0atenal Change has occurred in the nature of the position level of the lob duties and responsibilities business needs wc,� conditions, shifts in organizational structure or other operational factors. the County Manager shall (1) direct that the existing grade specification be revised, (2) cla the position to a h'gc<_ r ewer grade v, the ex ,-p Grading System that s appropriate for the gr > ' _ or (3) recommend that the BOC amend the Salary Grading System to establish a new grade for the position. Section 4. Amendment of the Salary Grading System New grades may be added to and/or deleted from the Salary Grading System by the BOC based on the recommendation of the County Manager. ARTICLE III. THE PAY PLAN Section 1. Adoption The schedule of salary ranges and grades assigned to those salary ranges, as set forth in this policy, is hereby adopted as the Hameh County Pay Plan. Section 2. Purpose of the Pay Plan The Harnett County Pay Plan is intended to provide equitable compensation for all positions by reflecting apparent differences in duties and responsibilities. the rates of pay for comparable positions in the private and public sector, changes in the cost of living. the financial conditions of the County, and any other appropriate factors. Section 3. Maintenance of the Pav Plan The County Manager is responsible for the administration, execution. and maintenance of the Pay Plan. The County Manager shall. from time to time, make comparative studies of all factors affecting the level of salary ranges and shall recommend to the BOC such changes in salary ranges as appear to be warranted. Section 4. Use of Salary Ranges The minimum rate established for the grade is the normal hinng rate. except in those cases where unusual circumstances warrant appointment at a higher rate Deleeek nNUM ar Mwl Of Mae Wal taePeria6lillIas of an ewUng Oaaitlon. DNead: wiw e DNeted: the appal wadaaiir go am" Saiary Gradrq Syalen. Appointment above the minimum step may be made on the recommendation of the Supervisor or Department Head with the approval of the County Manager when deemed necessary. Such appointments will be based on factors, including, but not limited to, a shortage of qualified applicants and/or the applicants above average qualifications, education, and training. Section 5. Pavment at a Listed Rate All employees covered by this Pay Plan shall be paid at a listed rate within the salary ranges established for the grade in which their respective position falls. Employees whose present salary or hourly wage is above the established maximum rate following transition to the new Pay Plan are exempt. No employee may receive a salary increase above the maximum for their assigned salary grade. Section 6. The Performance Pav Plan Harnett County seeks to provide the best service possible to the county's residents A highly skilled and competent workforce is an essential aspect of providing high quality, efficient customer -driven service in an organization. Equitable compensation is necessary to attract and retain such a workforce. The Performance Pay Plan described in this section is intended to provide Hamett County employees with a path for advancement through their assigned salary grade over the course of their career with the County based on their performance reviews. The Performance Pay Plan is intended to serve as a tool that will allow the County to hire and retain well-qualified employees and provide equitable compensation to employees throughout Meir careers provided they receive satisfactory performance reviews. Full-time and eligible part-time employees will be eligible to earn a percentage salary increase each year based on their annual performance review. An employee who receives an overall score on their annual performance review of -Meets Expectations' or above will receive the designated increase for that year while an employee who receives a score lower than -Meets Expectations- will not receive the increase for that year. Any earned increase related to the Performance Pay Plan will be effective at the start of the pay period immediately following the employee's anniversary date with the County. If an employee's anniversary date falls on the first day of a new pay period, they will receive an earned increase beginning with that pay period. If an employee who has been terminated from the County for any reason is rehired by the County, their most recent date of hire will be used to establish their anniversary date related to this Performance Pay Plan. Additionally, if an employee changes from full-time to part-time. or part-time to full-time status, the date of the change in employment status will be used to establish their anniversary date. The County Manager will set the amount or range of the annual increase each year as part of the budget process. The adopted increase amount or range will be effective from July 1 to June 30 of the following year, coinciding with the County's fiscal year. The percent of the annual increase may vary from year to year based on projected revenue and expenditures. The County Manager shall establish appropriate systems and guidelines for implementation. maintenance, and responsible administration of the above Performance Pay Plan. Any situation that arises related to the above Performance Pay Plan and is not covered by this ordinance will be left to the discretion of the County Manager. Performance Pay Plan Eligibility: Any full-time employee who is hired or promoted, or who reaches "job rate" on July 1, 2017, or thereafter will fall under the above Performance Pay Plan and will not be eligible for the 3/5 Pay Plan described in Sedan 6.1. Full-time employees who have not yet reached 'job rate" as defined by Section 6.1 will remain eligible for the 3/5 plan described under Section 6.1 until they reach "job rate," at which time they will enter into the above Pay Plan. Employees are not eligible for the above Performance Pay Plan while still in the 3/5 Pay Plan. Part-time employees are eligible for the Performance Pay Plan effective July 1, 2020, based on their annual performance reviews. To be eligible for the Performance Pay Plan, part-time employees must maintain uninterrupted employment with the County for consecutive years. Election workers, interns, and any other part-time employee who must be rehired each year are not eligible for the Performance Pay Plan. Additional Eligibility Guidelines- • Employees in Work Against status will not be eligible for the above Performance Pay Plan until they complete work against status or meet all of the qualifications for the position. Sworn Law Enforcement Officers will not be eligible for the above Performance Pay Plan until they complete the Tier system. • To receive an eamed increase, an employee must work at least 6 months during an annual evaluation period in order to be effectively evaluated by their supervisor. • An employee who is promoted during an evaluation period must have been in the new position for at least 6 months on their anniversary date to receive an earned performance increase based on their salary following the promotion. Promoted employees who have been in the new position for less than 6 months on their anniversary date are eligible for an earned increase based on their salary prior to the promotion. • An employee who is demoted during an evaluation period, whether voluntarily or involuntarily, who qualifies for a performance increase upon their next anniversary date based on their performance evaluation, will receive an increase based on their salary following the demotion. If the County Manager determines that an employee was at a point in the 3/5 Pay Plan as of July 1, 2017, where the employee would have eamed more by entering the Performance Pay Plan when it was incepted, the County Manager may, upon the availability of funding, adjust the employee's pay to the salary they would have earned if they had entered the Performance Pay Plan on July 1, 2017. The adjusted salary will be in effect upon approval by the County Manager, however the affected employee will not receive retroactive salary increases for earned increases they did not receive. 6.1 The 315 Pav Plan Any employee who is hired or promoted, or who reaches 'job rate" on July 1, 2017, or thereafter is no longer eligible for the 315 Pay Plan. The purpose of the 315 plan is to give County employees a way in which to gain and look forward to pre -determined pay increases after they have been in service to the County for 3 and 5 years. Three Year Pay Increase: When an employee has been in the service of the County for a total of 3 years, taking into account demotions, promotions, transfers, reclassifications, or any other type of separation from service, the salary of the employee is to be increased to the half -way amount between his or her current salary grade and the job rate of the employee's current salary grade. Five Year Pay Increase: When an employee has been in the service of the County for a total of 5 years, taking into account demotions, promotions. transfers, or any other type of separation from service, the salary of the employee is to be increased to the job rate of the current grade of the employee's current salary grade. Section 7. Work Against Status A newly hired or promoted employee who does not meet all the established requirements of their new position, may be compensated for their services at a pay rate Wow the minimum pay rate established for that positron in the Pay Plan. An employee will be considered to be in a work against status and continue at this pay rate until the Supervisor or Department Head certifies, and the County Manager approves, that the employee is qualified to assume the full duties and responsibilities of their new position. The Supervisor or Department Head shall review the progress of each employee in work against status every six (6) months or more frequently as necessary to determine when the employee is qualified to assume the full responsibilities of the new position. Section 8. Promotions. Demotions. Transfers. Reclassifications, & Revisions At the beginning of the fiscal year, any promotions, salary adjustments, reclassifications, or revisions will be applied before any cost of living adjustments. When an employee is promoted. demoted, transferred, or reclassified. the rate of pay for the new position shall be established in accordance with the following rules: Promotion: Any employee who receives a promotion will receive a minimum of a 5% increase but not to exceed 10% (between 6% and 10% the department head must provide written justification unless that percentage is the beginning of the new grade) or the beginning of the new grade, whichever is higher. Movement within the same salary grade is considered lateral and there will not be a salary change. Interim Promotion: Any employee who is promoted to an interim position in a higher pay grade will receive a pay increase of 5% or the beginning of the interim position pay grade, whichever is greater while performing the interim duties. however, if the position is a Department Head position or higher. he or she shall receive a 10% pay increase while performing the interim duties or the beginning position grade whichever is higher. An interim assignment shall not exceed six months. At the conclusion, if the employee returns to his or her former position they will return to his or her former salary before the interim assignment. Demotion: An employee who is voluntarily or involuntarily demoted shall have his or her salary or hourly wage left the same, reduced five percent (5%) or reduced to anywhere in the lower grade pay range. depending on the circumstances of the demotion and Department Head recommendation. Transfers. An employee who transfers from a position in one grade to a position in another grade assigned to the same pay range shall continue to receive the same salary or hourly wage. R edassifications/Revisio n s. A. Any employee who is currently at the minimum pay rate of their current position and the posrtion is then reclassified to a grade having a higher salary or hourly pay range, that employee shall receive a five percent (5%) pay increase or an increase to the minimum pay rate of the new pay range, whichever is higher. B. Any employee who is currently above the minimum pay rate of their current position and the position is then reclassified to a grade having a higher salary or hourly pay range, that employee's salary or hourly wage shall be appropriately adjusted to the same point in the new pay range. C. If a position is reclassified to a grade having a lower salary or hourly pay range than that positions current grade, any employee's salary or hourly wage that is above the maximum rate of the newly established pay range shall remain the same. Gdrahrk ti M wrrM • rxlass�M1ra6on nMb in tN Section 9. Cost of Living Adiustments r .ihoRbr)raaa/ 'posmon If the BOC approve a Cost of Living Adjustment, the increase will be effective July 1 of Pawad OSMSM71 . each year. The amount of this adjustment, if any, may vary from year to year. When a Cost of Living Adjustment is approved, regular employees will receive a $500 minimum increase to their annual pay. Section 10. SDecial Raises A special raise may be given to an employee upon written recommendation of the County Manager and approval by the BOC for very unusual circumstance in which an employee does exceptional work and/or additional money is needed to retain the employee. Section 11. Overtime / Compensatory Time Definition: Overtime work or work that will resull 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. Nonexempt 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 ''/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 hme 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 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 -had (1 and %) 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 1?,of the Harnett County Personnel Ordinance, _ odMnll '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 possibleovertime 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 13. Other Forms of Time Unauthorized Work: Hours worked by an employee without permission from the Supervisor, Department Head. or authorized managerial representative shall not be considered time worked. Employees who are guilty of unauthorized work are subject to disciplinary action as addressed in Article IX. Travel time: County employees shall be credited for all time spent travelling while in furtherance of their service to the County, not including travel to and from work. Section 14. Call Back Pa Any eligible County employee, who has been called back to work outside of normal operating hours for the County, is guaranteed a minimum of two hours paid for their services. To receive such pay an employee must physically leave his or her home and physically return to work for the County. Section 15. Payroll Deductions Those payroll deductions mandated or authorized by Federal. State. or County law shall be deducted from an employee's pay without his or her permission. Other payroll deductions may be made at the request and authorization of the employee, but such deductions are subject to the approval of the Harnett County Finance Officer. Section 16. Longevity Pav All County employees hired on or after July 111, 2015, or those employees who leave the employment of the County and return to work with the County on or after July 111, 2015. shall not be eligible to receive longevity pay. Full-time County employees of record as of June 30s, 2015 shall continue to be eligible to receive longevity pay as defined below until such time as their employment with the County is terminated. Time of Service. Employees with five (5) years of consecutive Harnett County Service by November 15 of each calendar year are eligible for longevity pay. DiYkJYrMndddJ�r27M� , Payment of Lonaeviry: The amount of longevity an employee receives shall be based on the employee's salary as of November 15 of each calendar year and paid annually in a lump sum the first week in December of the same year. This amount shall increase depending on the employee's years of services as outlined in the chart below. A longevity payment, however, shall not be made part of the employee's base salary. Oil M W ded Jwrry 20161 Time of Service Percentme of Annual Salary 5 Years — 9 Years 1.00% 10 Years —14 Years 1.50% 15 Years —19 Years 2.25% 20 Years — 24 Years 3.25% 25 Years and up 4.50% Section 17. Overpayment Underpayment, or lack of Compensation Hamett County Human Resources and Payroll Departments should make every effort to ensure that employees are paid correctly and that authorized payroll deductions are deducted properly. If an error occurs in the payment process it is the responsibility of the Human Resources and Payroll Departments to discuss the error with the effected employee and determine the amount to be corrected by the County or the employee. All County employees are responsible for examining each of their paychecks or direct deposit stubs to ensure that proper payment and deductions have been made. If any employee believes an improper payment or deduction has been made. he or she should immediately contact his or her Supervisor or Department Head. along with the Harnett County Human Resources and Payroll Departments, and inform them of the situation. The County, in all cases mentioned below. reserves the right to pursue collection of remaining overpayments through court proceedings if recovery efforts fail. If a mistake of some sort is made in the payment or compensation of County employees the following instructions should be followed depending on the situation: Overpayment: In any case of overpayment, regardless of fault, County employees are expected to promptly repay the County the full amount of the overpayment. A. For purposes of this policy, overpayments may include wage and salary payments, voluntary and involuntary payroll deductions, or other authorized payments or deductions. B Ilan overpayment occurs, the Human Resources Department is to determine whether the error is nominal or significant. 1. Nominal Overpayment: Any erroneous overpayment that is one hundred dollars ($100.00) or less. Such an amount may be deducted from the employees next payroll check to remedy the error. 2. Significant Overpayment: Any erroneous overpayment that is greater than one hundred dollars ($100.00). Such an amount may only be repaid through a written repayment plan pursuant to a signed Repayment Agreement drafted by the County attorney. C. Any repayment deductions are not to be greater than 15% of the gross wages earned in that current pay period and shall not reduce the gross wages paid to a rate less than the minimum wage as defined by law. D. All repayment deductions are to be made after the County has made all permitted or required deductions from an employee's payroll check. E. If an employee under a Repayment Agreement enters into an unpaid status. a notice letter will be sent to collect the remaining payments or to setup a new repayment plan. If the employee fails to respond, a second notice letter will be sent to inform the employee that he or she has two (2) weeks to remit payment to avoid the collection of monies owed through court proceedings. F. Termination 1. If an employee under a Repayment Agreement voluntarily leaves their position or is terminated before repayment is made in full, the remaining amount owed to the County by the employee may be deducted from any amounts owed to the employee by the County. 2 If a terminated employee is overpaid, the Human Resources Department shall notify the former employee in writing. (1) that an overpayment has occurred, (2) the total amount owed by the employee to the County, and (3) that payment is to be received within 30 days unless a Repayment Agreement is put in place. If payment is not received within 30 days or the Repayment Agreement is not followed, a notice letter will be sent to inform the employee that he or she has two (2) weeks to remit payment to avoid the collection of monies owed through court proceedings. Underpayment/Lack of Compensation: If an employee was underpaid or not paid at all, the Supervisor. Department Head. or County Manager may request that a special check be issued: otherwise the employee shall receive payment on their next check. 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 Compensation 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 the other sties 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 this policy CountyOffices 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. A. Nonexempt employees, as defined above in Article III, Section 12 and in the FLSA, will be paid one and one-half (1 and ''/z) times their regular rate of pay for actual hours worked beyond the employee's regular 40a1our work week schedule, except as described below. a. For employees who have a regular work week other that 40 hours, they will be paid one and half (1 and %) times their regular rate of pay for actual hours worked beyond their regular work week. B. Exempt employees, as defined above in Article III, Sedan 17, and in the FLSA, will be paid one (1) time their regular rate of pay for actual hours worked beyond the employee'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 (1) time their regular rate of pay for actual hours worked beyond their regular work week. 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. A. Nonexempt employees, as defined above in Article III. Section hand in the oa.r.d: FLSA, will be paid one and one-half (1 and X) times their regular rate of pay for actual hours worked beyond the employee's regular 40 -hour work week schedule, except as described below. This compensation will be in add0ion to any other compensation to which the employee is entitled 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. B. Exempt employees, as defined above in Article III, Section 1:; and in the FLSA, will be paid one (1) time their regular rate of pay for actual hours worked beyond the employee'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 (1) time their regular rate of pay for actual hours worked beyond their regular work week. C. In the event a holiday occurs within this period, both nonexempt and exempt employees, as defined above in Article III, Section 12 and in the FLSA, will be paid one and one-half (1 and 1/2) times their regular rate of pay for 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 on 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 III, 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 -hours period.