HomeMy WebLinkAboutPersonnel Ordinance 07/18/88OF
HqR�
LILLING7ON, No Co Jft
PERSONNEL ORDINANCE
.r./n
per••
,_ -.y::
'�.
..s
TABLE OF CONTENTS
PAGE
I. ORGANIZATION OF PERSONNEL SYSTEM
Section
1
Purpose 5
Section
2
Coverage 5
Section
3
Definitions S
Section
4
Merit Principle 6
Section
5
Responsibility of Board of Commissioners 6
Section
6
Responsibility of County Manager 7
II. CLASSIFICATION PLAN
Section 1 Adoption
Section 2 Allocation of Positions
Section 3 Administration of the Position
Classification Plan
Se --tics 4 :amendment of Position Classification Plai,
III. THE PAY PLAN
Section
1
Adoption
9
Section
2
Maintenance of the Pay Plan
10
S °ction
3
Use of Salary Ranges
10
Section
4
Payment at a listed Rate
10
Section
5
Salary of Trainee
11
Section
6
Pay Rates in Promotion, Demotion,
Transfer and Reclassification
11
Section
7
Pay Rates in Salary Range Revisions
11
Section
8
Pay for Part -Time Work
12
Section
9
Overtime
12
Section
10
Call Back Pay
14
Section
11
Payroll Deductions
14
Section
12
Longevity Pay
14
Section
13
Travel Allowances
14
IV. RECRUITMENT
AND EMPLOYMENT
Section
1
Statement of Equal Employment Opportunity
15
Policy
Section
2
Implementation of EEO Policy
15
Section
3
Recruitment
15
Section
4
Job Advertisements
15
Section
5
Applications for Employment
16
Section
6
Application Reserve File
16
Section
7
Qualification Standards
16
Section
8
Selection
16
Section
9
Appointments
17
Section
10
Probationary Period of Employment
17
Section
11
Promotion
18
' Section
12
Demotion
18
Section
13
Transfer
19
PAGE
V. CONDITIONS OF EMPLOYMENT
VI.
Section
1
Workweek
19
Section
2
Gifts and Favors
19
Section
3
Political Activity Restricted
19
Section
4
Outside Employment
20
Section
5
Limitation of Employment of Relatives
20
LEAVES OF ABSENCE
Section
1
Holidays
20
.Section
2
Effect of Work on Holidays on Other Types
of Paid Leave
21
Section
3
Holidays - When Work Required
21
Section
4
Vacation Leave
21
Section
5
Vacation Leave - Initial Appointment
Probationary Employees
22
Section
6
Vacation Leave - Manner of Accumulation
22
Section-7
Vacation Leave - Maximum Accumulation
22
Section
8
Vacation Leave - Manner of Taking Leave
23
Section
9
Vacation Leave - Previous Leave Credit
23
Section
10
Vacation Leave - Terminal Pay and Repayment
of Vacation Leave
23
Section
11
Vacation Leave - Payment for Accumulated
Vacation Leave Upon Death
23
Section
12
Sick Leave
23
Section
13
Sick Leave - Manner of Accumulation
24
Section
14
Sick Leave - Maximum Accumulation
24
Section
15
Sick Leave - Physician's Certificate
24
Section
16
Sick Leave - Retirement Credit for
Accumulated Sick Leave
24
Section
17
Sick Leave - Previous Leave Credits
24
Section
18
Sick Leave - Credit for Accumulation From
Previous Employment
25
Section
19
Calculation of Holiday Leave, Vacation Leave
and Sick Leave
25
Section
20
Leave Without Pay - Policy
25
Section
21
Leave Without Pay - Retention and Continuation
of Benefits
26
Section
22
Workmen's Compensation Leave
26
Section
23
Maternity Leave - Employee Responsibility
26
Section
24
Maternity Leave - Use of Leave
26
Section
25
Military Leave
27
Section
26
Civil Leave
27
Section
27
Petty Leave
28
Section
28
Education Leave with Pay
28
Section
29
Adverse Weather
29
PAGE
VII. SEPARATION, DISCIPLINARY ACTION AND REINSTATEMENT
Section
1
Types of Separation
29
Section
2
Resignation
29
Section
3
Reduction in Force
30
.Section
4
Disability
30
Section
5
Retirement Age
30
Section
6
Death
30
Section
7
Disciplinary Action
30
Section
8
Failure in Performance of Duties
31
Section
9
Failure in Personal Conduct
32
Section
10
Disciplinary Suspension
33
Section
11
Immediate Disciplinary Suspension
33
Section
12
Non- Disciplinary Suspension
_.._ 33
Section
13
Dismissal
33
Section
14
Employee Appeal
34
Section
15
Reinstatement
34
VIII.GRIEVANCE PROCEDURE, DISCRIMINATORY AND ADVERSE ACTION APPEALS
Section
1
Organization of Advisory Personnel Board
35
Section
2
Grievance and Adverse Action - Definitions
36
Section
3
Grievance Procedure and Adverse Action
40
Section
4
Appeal - Policy
36
Section
4
Grievance and Adverse Action Appeal
Procedure - Non - Discrimination
37
Section
5
Grievance and Adverse Action Appeal
Procedure - Discrimination
39
IX. EMPLOYEE BENEFITS
Section
1
Insurance•Benefits
39
Section
2
Unemployment.Insurance
39
Section
3
Old Age and Survivor's Insurance
40
Section
4
Retirement Benefits
40
X: PERSONNEL RECORDS AND REPORTS
Section
1
Personnel Records Maintenance
40
Section
2
Access to Personnel Records
41
Section
3
confidential Information
41
Section
4
Records of Former Employees
42
Section
5
Remedies of Employees Objecting to
Material in File
42
Section
6
Penalty for Permitting Access to Confidential
File by Unauthorized Person
42
Section
7
Penalty for Examining and /or Copying Confidential
Material Without Authorization
42
Section
8
Destruction of Records Regulated
43
PAGE
XI.. IMPLEMENTATION OF POLICY
Section
1
Conflicting Policies Repealed
43
Section
2
Separability
43
Section
3
violations of Policy Provisions
43
Section
4
Effective Date
43
a
ARTICLE I. ORGANIZATION OF PERSONNEL SYSTEM
Section 1. Purpose
The purpose of this policy is to establish a personnel system which will
recruit, select, develop and maintain an effective and responsible work
force. This policy is established under the authority of Chapter
153A- Article 5 and Chapter 126 of the General Statutes of North Carolina.
Section 2. Coverage
(a) All employees in the County's service shall be subject to this
policy except as provided in this section.
(b) The following officials and employees are exempt:
(1) elected officials;
(2) the county manager;
(3) county attorneys; and
(4) employees of the county board of education.
(c) The following employees shall be covered only by the specifically
designated Articles and Sections:
(1) employees governed by the State Personnel Act shall be
subject to Article I; Article III, Section 3,9,10,11,12,13;
Article IV; Article V; Article VI; Article VII, Section 5,
Article VIII; Article IX; Article X; and Article XI;
(2) employees of the North Carolina Agriculture Extension
Service shall be subject to Article V, Section 1 and Article
VI, Sections 1 -3;
(3} the supervisor of elections shall be subject to Article II
and III, Article IV, Sections 1 -7; Articles V and VI;
Article VII, Sections 2,6, 13, 15; and
(4) temporary employees as designated by the Board of
Commissioners shall be subject to Article I; Article III,
Section 9; Article IV, Sections 1 -9; Article V; Article VI,
Sections 1, 21; Article VIII, Section 5; Article Z; and
Article XI.
v
.
Section 3. Definitions
(a) General County Employees. A County employee assigned to a
department not subject to the State Personnel Act.
(b) Competitive Service Employee. An employee of a local social
service department, public health department, ox local office of
civil preparedness receiving fedeial grant -in -aid funds.
(c) Probationary Employee. A person appointed to a Regular position
who has not completed the probationary period. See Article IV,
Section 10.
(d) Part -Time Employee. An employee, either regular or temporary,
who is regularly scheduled less than the number of hours per
workweek designated by the Board of County Commissioners as'
full -time.
(e) Full -time Employee. An employee, either regular or temporary,
who is regularly scheduled to work the number of hours per
workweek designated by the Board of Commissioners as full -time.
(f) Regular Employee. A person appointed to serve in a position for
an indefinite duration and who has served a period of more than
six (6) calendar months or in the case of law enforcement
officers, twelve (12) calendar months.
(g) Temporary Employee. A person appointed to serve in a position
for a definite duration.
(h) Appointing Authority. Any board or position with legal or
delegated authority to make hiring decisions.
(i) Grievance. A claim or complaint based upon an event or condition
which affects the circumstances under which an employee works,
allegedly caused by misinterpretation, unfair application, or
lack of established policy pertaining to employment conditions.
(j) Adverse Action. A demotion, dismissal, reduction in pay, layoff,
or an undesirable transfer or suspension.
Section 4. Merit Principle
All appointments, promotions, and other personnel transactions shall be
made solely on the basis of merit and fitness.
section 5. Responsibility of Board of Commissioners
The Board of Commissioners shall establish personnel policies and rules,
including the classification and pay plan and shall make and confirm
appointments when so specified by law.
G
Section 6. Responsibility of County Manager
The County Manager shall be responsible to the board of Commissioners for
the administration of the personnel program. The County Manager shall
appoint, suspend, and remove all County officers and employees except those
elected by the people or whose appointment is otherwise provided for by
law. The County Manager shall make appointments, dismissals, and
suspensions in accordance with 153A -82 of the General Statutes of the State
of North Carolina and Articles IV, VII, and VIII of this personnel
administration policy.
The Sheriff and Register of Deeds have the exclusive right to hire,
discharge, and supervise the employees in their respective departments
under the authority of 153 A -103 of the General Statutes of the State of
North Carolina. The County Manager shall:
(a) recommend rules and revisions of the personnel system to the
Board of Commissioners for consideration;
(b) recommend revisions to the position classification plan to the
Board of Commissioners for approval;
(c) prepare and recommend revisions to the pay plan to the Board of
Commissioners for approval;
(d) determine which employees shall be subject to the overtime
provisions as provided for in Article III, Section 9;
(e) establish and maintain a roster of all persons in the County
service, setting forth each officer and employee, class title of
position, salary, and changes in class title and status, and such
data as may be deemed desirable or useful;
(f) develop and administer such recruiting programs as may be
necessary to obtain an adequate supply of competent applicants to
meet the needs of the County;
(q) develop and coordinate training and educational programs for
County employees;
(h) investigate periodically the operation and effect of the
personnel provisions of this policy and at least annually report
findings and recommendations to the board of Commissioners; and
(i) perform such other duties'as may be assigned by the Board of
commissioners not inconsistent with this policy.
7
Reference Note: officers whose appointments is required by law to be
made by the Board of Commissioners.
Clerk of the Board. 153A -111
County Attorney. 153A -114
i Deputy Tax Collector. 105- 349(f)
Tax Collector. 105 -349
Tax Supervisor. 105 -294
Finance'Officer. 159 -24
The appointive power of the Commissioners is limited in the following
instances:
Article VII, 2 of the constitution of North Carolina provides that the
Sheriff shall be elected.
The Register of Deeds is elected quadrennially. 161 =2
The Sheriff and Register of Deeds have the right to hire, discharge, and
supervise the employees of their offices. The local Board of Health
appoints the Health Director after consultation with the Secretary of Human
Resources and the Board of Boards of County Commissioners in the county or
district. 130A -40.
The Health Director appoints all employees of the health department in
accordance with the provisions of the State Personnel Act. 126 -5(a)
130A -41.
The Board of Social Services appoints the Social Services Director, who
appoints the social services employees. 108 -17, 19.
Agricultural extension employees are jointly appointed by the Board of
Commissioners and the State Extension Service.
County Board of Election is empowered to appoint and remove a Supervisor of
Elections and all registrars, judges, assistants, and other officers of
elections. 163 -33, 35.
ARTICLE II. CLASSIFICATION PLAN
NOTE: The County Directors of Social Services and Health Department
shall make appointments, dismissals, and suspensions in accordance with 108
and 130A of the General Statutes of the State of'North Carolina.
Section 1. Adoption
The position classification plan, as set forth in this manual is hereby
adopted as the position classification plan for the County.
Section 2.. Allocation of Positions
The County Manager shall allocate each position covered by the _
classification plan to its appropriate class in the plan.
Section 3. Administration of the Position Classification Plan
The County Manager shall be responsible for the administration and
maintenance of the position classification plan so that it will accurately
reflect the duties performed by employees in the classes to which their
positions are allocated. Department heads shall be responsible for
bringing to the attention of the County Manager (1) the need for new
positions, and (2) material changes in the nature of duties,
responsibilities, working conditions, or other factors affecting the
classifications of any existing positions.
New positions shall
Commissioners after
new position to the
plan, or (2) recomm,
classification plan
be allocated.
be established only with
which the County Manager
appropriate class within
Bnd that the Board of Come
to establish a new class
the approval of the Board of
shall either.(1) allocate the
the existing classification
nissioners amend the position
to which the new position may
When the County Manager finds that a substantial change has occurred in the
nature or level of duties and responsibilities of an existing position, the
county Manager shall (1) direct that the existing class specification be
revised, (2) reallocate the position to the appropriate class within the
existing classification plan, or (3) recommend that the Board of
Commissioners amend the position classification plan to establish a new
class to which the position may be allocated.
Section 4. Amendment of Position Classification Plan
Classes of positions shall be added to and deleted from position
classification plan by the Board of Commissioners based on the
1 ec;oiineadati,irl of the County Manager.
ARTICLE III. THE PAY PLAN
Section 1. Adoption
The schedule of salary ranges and class titles assigned to salary ranges,
as set forth in this manual is hereby adopted as the pay plan for the
County.
Section 2. Maintenance of the Pay Plan
The County Manager shall be responsible for the administration and
maintenance of the pay plan. The pay plan is intended to provide equitable
compensation for all positions, reflecting differences in duties and
responsibilities, the comparable rates of pay for positions in private and
public employment in the area, changes in the cost of living, the financial
conditions of the County, and other factors. To this end, 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 Board of
Commissioners such changes in salary ranges as appear to be warranted.
Section 3. Use of Salary Ranges
Salary ranges are intended to permit the recognition of individual
performance. T}•-� following general provisions shall govern the granting of
within range pay increments:
(a) The minimum rate established for the class is the normal hiring
rate, except in those cases where unusual circumstances appear to
warrant appointment at a higher rate. Appointment above the
minimum step may be made on the reccm ,nendation of the department .
head with the approval of the County Manager when deemed
necessary in the best interest of the County. Above- the - minimum
appointments will be based on such.factors as the qualifications
of the applicant being higher that the minimum education and
training for the class, a shortage of qualified applicants to
accept employment at the minimum step.
(b) Pay steps above the minimum rate are reserved to reward employees
for meritorious service. Each year, the County Manager may require
department heads to consider the eligibility of employees to receive merit
pay adjustments. Department heads shall consider all factors affecting
employee performance and shall submit their recommendations in writing,
giving the reasons whether to advance the employee or retain him at the
s ;.me rate. All such advancements and retentions must be approved by the
County Manager.
Section 4. Payment at a Listed Rate
All employees covered by the salary plan shall be paid at a listed rate
within the salary ranges established for their respective job classes
except for employees in a trainee status, or employees whose present
salaries are above the established maximum rate following transition to .a
new pay plan.
10
Section 5. Salary of Trainee
An applicant hired or an employee promoted to a position in a higher class,
who does not meet all the established requirements of the position, may be
appointed at a rate in the pay plan below the minimum established for the
position. An employee will remain on the trainee step until the department
head certifies that the trainee is qualified to assume the full
responsibilities for the position and the county Manager approves the
certification. The department head shall review the progress of each
employee in a trainee status every six (6) months or more frequently as
necessary to determine when the trainee is qualified to assume the full
responsibilities of the position.
Section 6. Pay Rates in Promotion, Demotion, Transfer, and
Reclasoification
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:
(a) An employee who is promoted shall receive a one -step pay increase
or ar. increase to the ^inimum step of the new nay range,
whichever is higher.
(b) employee osis demoted have his salary left the same or
reduced any
(c) An employee transferring from a position in one class to a
position in another class assigned to the same pay range shall
continue to receive the same salary.
(d) An employee whose position is reclassified to a class having a
higher salary range shall receive a one -step increase or an
increase to the minimum step of the new pay range, whichever is
higher. If his position is reclassified to a lower pay range and
the employee is receiving salary above the maximum step
established for the new class, the salary of the employee shall
be maintained at that level until such time as the employee's pay
range is increased above the employee's current salary.
Section 7. Pay Rates in Salary Ran ge Revisions
When the Board of commissioners approve a change in salary range for a
class of positions, the salaries of employees whose positions are allocated
to that class shall be affected as follows:
(a) When a class of positions is assigned to a higher pay range,
employees in that class shall receive a one -step pay increase or
an increase to the minimum step of the new range, whichever is
higher.
11
(b) When a class of positions is assigned to a lower pay range, the
salaries of employees in that class will remain unchanged. If
this assignment to a lower pay range results in an employee being
paid at a rate above maximum step established for the new class,
the salary of the employee shall be maintained at that level
until such time as the employee's pay range is increased above
the employee's current salary.
Section 8. Pay for Part -Time Work
The pay plan established by this policy is for full -time service. An
employee appointed for less than full -time service will be paid an amount
determined by the part -time position as related to the positions hourly
rate.
Section 9. overtime
(al Planning to avoid overtime. Department heads shall arrange the
work schedules of their employees so as to accomplish the
required work within the normal workweek.
(b) Definition. Overtime work shall be considered work performed by
an employee at the direction or instruction or knowledge of a
department head or his authorized representative which exceeds
the normal workweek or work period of the employee.
(c). Exempt employees. Designated employees in executive,
administrative, and professional positions are not entitled to
overtime pay. The county manager will designate, upon the
recommendation of the department head, those employees exempt
from the overtime pay provision of the Fair Labor Standards Act.
A copy of the designation shall be made available to the exempt
employee and shall be permanently filed in the employee's
personnel folder and recorded on his position description.
(d) Overtime pay. Performance of overtime work by non - exempt
employees must be authorized by the department head in advance of
the payment and shall be paid at one and one -half (1 1/2) times
the regular rate for each hour of overtime worked.
(e) Compensatory time.
(1) Exempt employees. Employees required to work overtime shall
receive compensatory time off at the rate of one (1) hour
for each hour of overtime worked. All hours of accrued
compensatory time in excess of forty (40) as of December
31st of each year shall be converted to annual leave. Each
two -hour period of compensatory time or fraction thereof
shall be converted into one - quarter (1/4) day of annual
leave. In the event an exempt employee is terminated, he
shall be paid for accrued compensatory time up to two
hundred forty (240) hours at his regular hourly rate.
(2) Non - exempt employees.
12
a. Regular schedule employees. Employees required to work
overtime shall receive compensatory time off.
Compensatory time shall be computed at one and one -half
(1 1/2) hours for each hour of overtime worked.
Employees who accrue compensatory time in excess of two
hundred forty (240) hours or four hundred eighty (480),
as appropriate, shall be paid overtime pay. In this
case, overtime pay shall be computed on an hour - for -hour
basis for each hour of excess compensatory time.
b. Irregular schedule employees. Employees shall not
accrue compensatory time off where the granting of
compensatory time off would unduly disrupt operations or
work schedules. These employees shall be paid over time
pay at one and one -half (1 1/2) times their regular rate
for each hour worked in excess of their designated wozk
week our period. The county manager shall designate
those class of employees entitled to overtime pay in
lieu of compensatory time.
c. Termination. An employee who has accrued compensatory
time off upon termination of employment shall be paid
fcr all unused compensatory time at a rate of
compensation not less than:
1. The average regular rate received by such employee
during the last three (3) years of the employee's
employment; or
2. The final regular rate received for such employee,
whichever is higher.
d. Time sheets. Time sheets for all employees shall
accurately reflect the hours worked by the employee and
shall be certified by the employee prior to submission.
e. Unauthorized work. Hours worked by an employee without
the department head's or authorized representative's
permission or contrary to his instructions shall not be
considered time worked.
f. Travel Time. County employees shall be credited with
hours of work for all time spent in official travel, to
include time spent travelling during nonduty hours.
official travel is travel performed at the direction or
approval of the department head. An employee is deemed
to be in an official status from the time he departs a
designated location in the county and until he arrives
at his destination. Additionally, time spent travelling
from the destination until returned to the county is
deemed official travel.
13
Section 10. Call Back Pay
Any county employee eligible to receive overtime compensation under this
policy will be guaranteed a minimum payment of two hours wages for being
called back to work outside of normal working hours.
; Section 11. Payroll Deductions
Only payroll deductions specifically mandated or authorized by Federal,
State or County act may be deducted at each pay period from each employee's
pay. Other deductions may also be made from an employee's pay, subject to
the approval of the Finance Officer; however, they must be requested and
authorized by the employee.
Section.12. Longevity pay
Longevity pay shall be granted to all regular and probationary employees
working thirtv (30) or more hours per week.
(1) Time of Service. Employees with ten (10) years consecutive
service by November 30 are eligible for longevity pay.
(2) Payment for longevity. the amount of longevity payment shall be
based on employee's annual salary on June 30, and paid annually
in a lump sum payment the first week in December of the same
year.' This payment shall no be made a part of the employee's
base salary. Employees that separate after June 30 forfeit their
entitlement.
(3) Consecutive covered service. Employees are eligible for
longevity pay under the following plan:
Consecutive time
and service
Percentage of
Annual Salary
10
thru
14 years
1.50%
15
thru
19 years
2.25%
20
thru
24 years
3.25%
25
years
and up
4.50%
Section 13. Travel allowances
Allowances for travel, meals, and room rates for employees conducting
official business shall be paid at the rate established by the board of
county commissioners. Tips, not exceeding fifteen (15) percent of the meal
cost, may be reimbursed.
14
ARTICLE IV. RECRUITMENT AND EMPLOYMENT
NOTE: The Sheriff and Register of Deeds have the exclusive right to
hire, discharge, and supervise the employees in their respective
departments under the authority of 153A -103 of the General
Statues of the State of North Carolina.
Section 1. Statement of Equal Employment Opportunity Policy
All applicants and employees of the county shall be given equal opportunity
for employment without regard to race, religion, color, creed, national
origin, sex, age, or physical disability, except where specific age, sex,
and physical requirements constitute bona fide occupational qualifications
necessary to proper and efficient administration. Discrimination against
any person in recruitment, examination, appointment, training, promotion,
retention, discipline, salary increases, or any other term or condition of
employment because of race, color, national origin, or because of political
or religious opinions or affiliations is hereby - prohibited. Prior approval
must be obtained from the United States Department of Labor before
establishing any age, sex, or physical requirement.
Section 2. Implementation of EEO Policy
All personnel responsible for recruitment and employment shall implement
this personnel policy through procedures that will assure equal employment
opportunity based on reasonable performance - related job requirements.
Notices with regard to equal employment matters shall be posted in
conspicuous places on County government premises in places where notices
are customarily posted.
Section 3. Recruitment
When positions are to be filled within the County, department heads shall
notify the Personnel Officer concerning the number and classification of
positions which are to be filled. The Personnel Officer shall publicize
these opportunities for employment including applicable salary ranges and
employment qualifications. Information-on job openings and luring
practices shall be provided to recruitment sources including organizations
and news media available to minority applicants. In addition, notice of
vacancies shall be posted at designated conspicuous sites within
departments. Individuals shall be recruited from a geographic area as wide
as necessary to insure that well qualified applicants are obtained for
County service.
Section 4. Job Advertisements
Employment advertisements shall contain assurances of equal employment
opportunity and shall comply with federal and state statutes regarding
discrimination in employment matters.
15
Section 5. Applications for Employment
All persons expressing interest in employment with the County shall either
be given the opportunity to file an application for employment with the
County directly or through referral to the ESC.
; Sectioa E. Application Reserve File
Upon applying, each applicant shall be informed of the availability of
current job openings. Applications, either taken by the County or referred
by ESC shall be kept in a reserve file for a period of two (2) years, in
accordance with Equal Employment Opportunity Commission guidelines.
To the extent that it is practical, reference to these files shall be
periodically in connection with the County's employment requirements to
insure than equal consideration is given to all applicants.
Section 7. Qualification Standard
(a) Employees shall meet the employment standards established by the
position classification plan and such other reasonable minimum
standards of character, aptitude, ability to meet the public, and
physical condition as recomatendations of the department heads.
(b) Qualifications shall be reviewed periodically.to assure that
requirements are fair and conform to the actual job performance
requirements.
(c) The County may employ an applicant in a trainee capacity who does
not meet all minimum qualifications for a particular job if the
deficiencies can be eliminated through orientation and on- the -job
training.
Section 8. selection
When a job opening occurs, the initial screening of applicants may be
conducted by the local ESC Office. The best qualified candidates shall
then be referred to the County Personnel Office, at which time they shall
file a formal application for employment and then proceed through the final
stages of the selection process, including interviews, reference checks and
any other steps deemed necessary. It may occasionally be in the best
interest of the County to waive part or all of this process. Usually such
exceptions would involve the recruitment of a highly skilled managerial and
technical personnel. In such instances the approval of the County Manager
shall be required.
16
Section 9. Appointments
It is the County's policy to create career opportunities for its employees
when possible. Therefore, when a current employee applying for a vacant
position possesses the best qualifications of all applicants, that
applicant shall be appointed to that position. Before any commitment is
made to an applicant, the department head shall forward the applicant's
completed application form to the County Manager with a recommendation
concerning the classification of the position to be filled, the salary to
be paid and the reasons for selecting the particular applicant over others.
After investigating the qualifications and experience of the applicant and
evaluating the results of the pre - employment physical examination, the
County Manager shall approve or reject the appointment and determine the
classification and starting salary of the employee, except that the Sheriff
and the Register of Deeds shall make the appointment and the County Manager
will determine the classification and starting salaries of new employees in
those departments.
By the authority of Chapter 153A -103 of the North Carolina General
Statutes, the Board of Commissioners must approve the appointment by the
Sheriff or Register of Deeds of a relative by blood or marriage of nearer
kinship than first cousin or of a person who has been convicted of a crime
invo?ving mcral turpitude.
Section 10. Probationary Period of Employment
An employee appointed or promoted to a regular position shall serve a
probationary period of six (6) months, except that law enforcement officers
shall serve a twelve (12) month initial appointment probationary period.
An.employee serving a probationary period following initial appointment may
be dismissed at any time during the probationary period if found to be
performing assigned duties unsatisfactorily. A regular employee serving a
probationary period following a promotion shall be demoted as piovided in
Section 12 of this article if unable to perform assigned duties of the new
job satisfactorily.
Before completion cf the probationary period, all department heads shall
indicate in writing to the County Manager:
(a) that the employee's supervisor has discussed the new employee's
progress (accomplishments, strengths, and weaknesses) with the
new employee;
(b) whether the new employee is performing satisfactory work;
(c) whether the probationary period should be extended; and
(d) whether the employeee should be retained in the present position
or should be released, transferred or demoted.
No employee shall remain on probation for more than one (1) YEAR.
17
Section 11. Promotion
(A) Candidates for promotion.shall be chosen on the basis of their
qualifications and their work records - without regard to age, sex,
race, color, creed, religion, political affiliation, national
origin, or physical handicap. Performance appraisals and work
records for all personnel meeting minimum qualifications for the
position shall be carefully examined when openings for positions
in higher classification occur.
(b) Vacancies in positions shall be filled as far as practicable by
the promotion of employees in the service of the County.
However, consideration should be given to all qualified
applicants who have been the objects of historical
discrimination.
(c) If a current County employee is chosen for promotion, the
supervisor shall forward the employee's name to the County
Manager with recommendations for classification and salary and
reasons for selecting the employee over other applicants. After
considering the supervisor's comments, the County Manager shall
make the appointment and determine the classification and
starting salary.
In the Sheriff's department and Register of Deeds' office,
the respective department head will forward the employee's name
to the County Manager with recommendations for classification and
salary.
Section 12. Demotion
Any employee whose work in his present position is unsatisfactory or whose
personal conduct is unsatisfactory may be demoted provided the employee
shows promise of becoming a satisfactory employee in another position.
Such a demotion shall be preceded by the warning procedures outlined in
Article VII, Section i.
Representative causes for demotion because of failure in work performance
and failure in personal conduct are listed in Article VII, Section 8 and 9.
If the demotion is for failure in performance of duties or failure in
personal conduct, the employee shall be provided with written notice citing
the recommended effective date and reasons for demotion and appeal rights
available to the employee in Article VIII.
An employee who wishes to accept a position with less complex duties and
responsibilities may be demoted for reasons other than unsatisfactory
performance of duties or failure in personal conduct.
IV
Section 13. Transfer
If a vacancy occurs and an employee in another department is eligible for
a transfer and is selected, the department head wishing to hire the
employee shall request the transfer which shall be subject to the approval
of the County Manager. Any employee transferred without his having
requested it may appeal the action in accordance with the grievance
procedure outlined in Article VIII.
Any employee who has successfully completes a probationary period may be
transferred to the same or similar class in a different department without
serving another probationary period.
ARTICLE V. CONDITIONS OF EMPLOYMENT
Section 1. Work Week
The established work week for the county is a seven -day period beginning on
Sunday and ending on Saturday: Full -time employees shall normally work five
(5) eight -hour days per week. Normal work hours shall be from 8:00 a.m. to
5:00 p.m., Monday through Friday, with one (1) hours permitted for lunclf.
Department heads shall work those hours necessary to assure the
satisfactory performance of their departments but not less than forty 40
hours per week. When the activities of a particular department require
some other schedule tc meet the work needs, the county manager may
authorized a deviation from the normal hourly schedule or work week.
Section 2. Gifts and Favors
(a) No official or employee shall accept any gift, favor or thing of
value that may tend to influence that employee in the discharge
of duties.
(b) No official or employee shall grant in the discharge of duties
any improper favor, service, or thing of value.
Section 3. political Activity Restricted
Each employee has a civic responsibility to support good government by
every available means and in every appropriate manner. Each employee may
join or affiliate with civic organizations of a partisan or political
nature, may attend political meetings, may advocate and support the
principles or policies of civic or political organizations in accordance
with the Constitution and laws of the State of North Carolina and in
accordance with the Constitution and laws of the United States'of America.
19
However, no employee shall (1) engage in any political or partisan activity
while on duty; (2) use official authority or influence for the purpose of
interfering with or affecting the employment or as a condition for
employment, promotion, or tenure of office; (3) to contribute funds for
political or partisan purposes; (4) coerce or compel contributions for
political or partisan purposes by another employee of the County; or (5)
use any supplies or equipment of the County for political or partisan
purposes.
Competitive services employees and employees in certain federally - aided
programs are subject to the Hatch Act as amended in 1975. This federal
act, in addition to prohibiting (2), (3),and (4) above, also prohibits
candidacy for elective office in a partisan election.
Any violation of this section shall subject such employee to dismissal or
other disciplinary action.
Section 4. Outside Employment
Except for elected officials, part -time officials and temporary employees,
the work of the county shall have precedence over the other occupational
interests of employees. All outside employment for salary, wages or
commissions and all self - employment must be reported to and approved by an
employee's department head. Conflicting outside employment shall be
grounds for dismissal or other disciplinary actions. An employee desiring
approval of outside employment shall request same of his department head in
writing, stating particulars in detail. (Department heads desiring outside
employment shall request approval in writing, of the county manager.) A
copy of the request, with a recommendation for approval or disapproval
thereon, will be furnished to the personnel department by the department
head.
Section 5. Limitation of Employment of Relatives
The employment of members of the same immediate family within the same
department is discouraged. The term "immediate family" includes wife,
husband, mother, father, brother, sister, daughter, son, grandmother,
grandfather, grandson, granddaughter, aunts, and uncles. Included are the
step -, half -, -in -law, and loco parentis relationships and those living
within the same household. As an exception, members of the same immediate
family may be considered for employment within the same department where
two (2) current employees marry or if significant recruiting problems
exist. However a member of the immediate family will not be employed if
employment would result in one member supervising the other or one
occupying a position which could influence the other's terms or conditions
of employment.
ARTICLE VI. LEAVES OF ABSENCE
Section 1. Holidays
The following days and such other days and the Board of Commissioners may
designate are holidays with pay for employees and officers of the County
working the basic workweek.
20
New Year's Day
Martin Luther King's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas - - Two (2) or three (3)
workdays (see following Christmas
Holiday scnedule)
When a holiday other than Christmas Day falls on a Saturday or a Sunday,
Monday shall be observed as a holiday.
When Christmas Day falls on:
The County observes:
Sunday
Friday and Monday
Monday
Monday and Tuesday
Tuesday --
Monday, Tuesday, and Wednesday
Wednesday
Tuesday, Wednesday, and Thursday
Thursday
Wednesday, Thursday, and Friday
Friday
Thursday and Friday
Saturday
Friday and Monday
Holiday leave earned by employees having a workweek with greater or fewer
hours than the basic workweek shall be determined in accordance with the
formula set forth in section 19 of this article.
In order to be eligible for holiday pay, a temporary County employee must
have worked a full regularly scheduled workday before and after the
holiday, unless excused by the County.
Section 2. Effect of Work on Holidays on other Types of Paid Leave
Regular holidays which occur during a vacation, sick or other paid leave
period of any officer or employee of the County shall not be charged as
vacation, sick or other paid leave.
Section 3. Holiday - When Work Required
Employees, who work a regular 40 hour per week schedule, that are required
to work on a regularly scheduled holiday may be granted time off for the
hours worked. Employees who work on rotating shifts will be provided equal
time off for the holiday(s) that they work. If•time off cannot be
provided, the Department Head, with the County Manager's approval, may pay
an employee for holiday(s) worked.
Section 4. Vacation Leave
Vacation leave shall be used for rest and relaxation, and may be used for
medical appointments.
21
Section 5. Vacation Leave - Initial Appointment Probationary Employees
Employees serving a probationary period following initial appointment may
accumulate vacation leave but shall not be permitted to take vacation leave
during the probationary period unless the denial of such leave will create
an unusual hardship. Vacation leave may be taken during this period only
\;ith the prior approval of appointing authority. Law enfcrcement officers
shall be allowed to take accumulated vacation leave after six (6) months of
service.
Section 6. Vacation Leave- Manner of Accumulation
Any employee working the basic workweek shall earn vacation leave at the
following rates:
Years Worked
HOURS PER MONTH
Regular
Employees Day /Year
Less than 2
6.67
10
2 but less
than 5
8.00
12
5 but less
than 10
10.00
15
10 but less
than 15
12.00
18
15 but less
than 20
14.00
21
20 or more
16.00
24
Vacation leave earned by employees having a workweek with greater or fewer
hours than the basic workweek shall be determined in accordance with the
formula set forth in Section 19 of this article.
Section 7. Vacation Leave - Maximum Accumulation
Annual leave may accumulated without any applicable maximum until
December 31 of each calendar year. However, if the employee separates from
service, payment for accumulated annual leave shall not exceed 240 hours.
On December 31 any employee with more than 240 hours of accumulated leave
shall have the excess accumulation cancelled so that only 240 hours are
carried forward to January 1 of the next calendar year.
Employees are cautioned not to retain excess accumulation of annual leave
until late in the calendar year; due to the necessity to keep all County
functions in operation; large numbers of employees cannot be granted annual
leave at any one.time. If an employee has excess leave accumulation during
the latter part of the year and is unable to take such leave because of
staffing demands, the employee shall receive no special consideration
either in having annual leave scheduled or in receiving any exception to
the maximum accumulation.
-52
Section 8. Vacation Leave - Manner of Taking Leave
Vacation leave may be taken as earned by a regular employee subject to the
approval of the supervisor, with the exception that all department heads
and other employees so designated by the County Manager must take at least
five (5.` consecutive workdays of accrued vacation leave per calendar year.
Section 9. Vacation Leave - Previous Leave Credit
Vacation leave credit accumulated by each employee as of the adoption of
this personnel administration policy shall be retained as of the effective
date of this policy.
Section 10. Vacation Leave - Terminal Pay and Repayment of Vacation
Leave
An employee wno is separated without failure in performance of duties or
personal conduct, shall be paid for vacation leave accumulated to the date
of separation not to exceed a maximum of 240 hours. or involuntary
separation due to failure in performance of duties or personal conduct as
outlined in Article VII, Section 8 and 9, accumulated vacation leave may be
withheld at the discretion of the County Manager at the time of an
employee's separation. Any vacation leave owed the County shall be
deducte(:. from the employee's final compensation.
Section 11. Vacation Leave - Payment for Accumulated Vacation Leave Upon
Death
The estate of an employee who dies while employed by the County shall be
entitled to payment for all of the accumulated vacation leave credited to
the employee's account not to exceed a maximum of 240 hours.
Section 12. Sick Leave
Sick leave with pay is not a right which an employee may demand but a
privilege granted by the Board of Commissioners for the benefit of an
employee when sick.
Sick leave shall be granted to an employee absent from work for any of the
following reasons: sickness, bodily injury, required physical or dental
examinations or treatment, or exposure to a contagious disease when
continuing to work might jeopardize the health of others. Sick leave may
be used for death in the employee's immediate family but may not exceed
three (3) days for any one occurrence, except by special permission from
the department head.
23
The term "immediate family" includes, wife, husband, mother, father,
brother, sister, daughter, son, grandmother, grandfather, grandson,
granddaughter, aunts, and uncles,. Included are the step -, half -, -in -law,
and loco parentis relationship and those living within the same household.
Section 13. Sick Leave - Manaer of Accumulation
Each full -time regular and probationary employee working the basic workweek
shall earn sick leave computed at the following rate:
Hours Earned
Each Month
8 Hours
Hours Earned
Each Year
96 Hours
Days Earned
Each Year
12 days
Sick leave earned ay regular employees having a workweek with greater or
fewer hours than the basic workweek shall be determined in accordance with
the formula set forth in Section 19 of this article. The County Manager
may advance sick leave to an employee who has exhausted sick leave because
of a major operation or illness. This advanced sick leave may not exceed
the amount an employee can earn during the current calendar year except
with the approval of the Board of Commissioners.
At the time of an employee's separation, any sick leave owed the County
shall be deducted from the employee's final compensation.
Section 14. Sick Leave - Maximum Accumulation
Sick leave will be cumulative for an indefinite period.
Section 15. Sick'Leave - Physician's Certificate
The employee's supervisor or department head may require a physician's
certificate concerning the nature of the illness and the employee's
physical capacity to resume duties for each occasion on which an employee
uses sick leave to insure that there is no abuse of sick leave privileges.
Section 16. Sick Leave - Retirement Credit for Accumulated Sick Leave
one (1) month of retirement credit is allowed for each twenty (20) days and
part thereof accrued in an employee's sick leave account at time of
retirement to employees who are members of the North carolina Local
Governmental Employees' Retirement System.
Section 17. Sick Leave - Previous Leave Credits
• Sick leave credits accumulated by each County employee shall be retained as
of the effective date of this policy.
24
Section 18. Sick Leave - Credit for Accumulation from Previous
Employment
Employees whose date of employment occurs after the effective date of this
policy and who were previously employed by a governmental entity in North
Carolina will receive unlimited credit with the County for sick leave
accumulated at that entity provided that verification of that accumulated
sick leave is received from the entity and that the employee was not
reimbursed for these days. This only applies to governmental entitities
that were the employees place of employment immediately prior to their
employment with the County.
Section 19. Calculation of Holiday Leave, Vacation Leave, and Sick Leave
Holiday leave, vacation leave, and sick leave earned by regular employees
having a workweek wiLh.grea *er cr fewer hours than the basic workweek ehaii
be determined in accordance with the following formula:
(a) The number of hours worked by such employees shall be divided by
the number of hours in the basic workweek.
(b) The proportion obtained in step (a) shall be multiplied by the
number of hours of leave earned annually by employees working the
basic workweek,
(c) The number of hours in step (b), divided by twelve, shall be the
number of hours of leave earned monthly by the employees
concerned.
Section 20. Leave Without Pay - Policy
A regular or probationary employee may be granted a leave of absence
without pay for up to one (1) year by the appointing authority. The leave
shall be used for reasons of personal disability, after both sick leave and
desired amount of annual leave have been exhausted, continuation of
education, special work that will permit the County to benefit by the
experience gained or the work performed, or for other reasons deemed
justified by the appointing authority.
The employee shall apply in writing to the supervisor for leave. The
employee is obligated to return to duty within or at the end of the time
determined appropriate by the appointing authority. Upon returning to duty
after being on leave without pay, the employee shall be entitled to return
to the same position held at the time leave was granted or to one of like
classification, seniority and pay. If the employee decides not to return to
work, the supervisor should be notified immediately. The supervisor shall
report this decision to the appointing authority. Failure to report at the
expiration of a leave of absence, unless an extension has been requested,
shall be considered a resignation.
25
Section 21. Leave Without Pay - Retention and Continuation of Benefits
An employee shall retain all unused vacation, sick, and petty leave while
on leave with pay. An employee ceases to earn leave credits on the date
leave without pay begins. The employee may continue to be eligible for
benefits under the County's group insurance plans, subject to any
regulaticrs adopted by the Board of Commissioners and the regulations of
the respective insurance carriers.
Section 22. Workmen's Compensation Leave
An employee absent from duty because of sickness or disability covered by
the North Carolina Workmen's Compensation Act may receive Workmen's
Compensation benefits and elect to use accumulated vacation and sick leave
as a supplemental payment for the difference between his regular salary and
the payments received under the Workmen's Compensation Act. Such an
employee may have deducted from his accumulated vacation or sick leave that
fraction of a day which is the same as the fraction that the supplemental
payment for one day is of a regular day's pay. Upon reinstatement, an
employee's salary will be computed on the basis of the last salary earned
plus any increment or other salary increase to which the employee would
have been entitled during the disability covered by Workmen's Compensation.
Temporary employees will be placed in a leave without pay status and will
receive all benefits for which they may be adjudged eligible under the
Workmen's Compensation Act.
Section 23. Maternity Leave - Employee Responsibility
An employee desiring to take a leave-of absence from work for reasons
caused by or contributed to by pregnancy, miscarriage, childbirth or
recovery therefrom shall apply in writing to her supervisor stating the
nature of her condition, the anticipated dates and duration of the
requested leave and the types of leave requested. The supervisor shall
forward her request to the appointing authority for approval. She is
obligated to return to duty by the end of the time determined appropriate.
If she finds she will not return to work, she shall notify her supervisor
immediately.
Failure to report at the expiration of a leave of absence unless an
extension has been requested and approved shall be considered a
resignation.
Section 24. Maternity Leave - Use of Leave
Limitation of employment before childbirth is prohibited. Accumulated sick
leave is available to employees for the period of temporary disability in
the same manner as for any other temporary disability. The attending
physician shall indicate in writing the period during which the employee is
physically unable to work.
F.
Leave without pay for up to six (6) calendar months is available for the
time before the employee is disabled and the period of time after the
disability ends. The employee may elect to use accumulated vacation leave
(1) before going on sick leave, (2) after accumulated sick leave has been
exhausted, and /or (3) after the temporary disability has ended. If an
employee is temporarily disabled as a result of a pregnancy - related
disability and has exhausted all accumulated sick leave, that employee
shall be eligible to receive leave without pay for personal disability
under the provisions of Section 20 of this article.
Reinstatement to the same position or one of like classification, seniority
and pay shall be made upon the employee's return to work.
Section 25. Military Leave
Regular employees who are members of the National Guard or Armed Forces
Reserve will be allowed 96 hours military training annually (adjusted for
employees having a workweek with greater or fewer hours than a basic
workweek) with partial compensation. If the compensation received while on
military leave is less than the salary that would have been earned during
this same period as a County employee, the employee shall receive partial
compensation equal to the difference in the base salary earned as a
reservist or a guardsman and the salary that would have been earned during
this same period as a County employee. The effort will be to maintain the
employee' _s salary at the normal level during this period. If such military
duty is required beyond 96 hours, the employees shall be eligible to take
accumulated vacation leave or be placed in a leave without pay status.
While taking military leave with partial pay or without pay, the employee's
leave credits.and other benefits shall continue to accrue as if the
employee physically remained with the County during this period. Regular
employees who are guardsmen and reservists have all job rights specified in
the Veterans Readjustment Assistance Act.
Section 26. Civil Leave
County employee called for jury duty or as a court witness for the federal
or state governments or a subdivision thereof, shall receive leave with pay
for such duty during the required absence without charge to accumulated
vacation, sick or petty leave.
An employee may keep fees and travel allowances received for jury or
witness duty in addition to regular compensation, except that employees
must turn over to the County any witness fees or travel allowances awarded
by that court for court appearances in connection with official duties.
While on civil leave, benefits and leave shall accrue as though on regular
duty.
27
Section 27. Petty Leave
An employee of the County shall be allowed seventy (70) minutes per month
or fourteen (14) hours per year petty leave with pay over and above sick
leave or vacation leave with pay. An employee may take petty leave in
increments of fifteen (15) minutes up to a maximum of three (3) hours, with
the permission of the supervisor. Any time taken above three (3) hours
will be charged to vacation leave, sick leave, or leave without pay as may
be appropriate. Petty leave will be in addition to any other leave which a
County employee may earn and accumulate, but it should not accumulate
beyond the end of a calendar year.
Petty leave may be granted for personal matters which cannot be transacted
outside of office hours, time lost reporting to work, medical appointments,
and absences due to adverse weather conditions.
Section 28. Educational Leave with Pay
A leave of absence at full or partial pay during regular working huurs may
be granted to an employee to take one (1) course which will better equip
the employee to perform assigned duties upon the recommendation of the
department head, and with the approval of the appointing authority. An
employee may receive reimbursement for one (1) course at a time taken
outside of working hourE which will better equip the employee to perform
assigned duties, subject to the approval of the department head and the
County Manager or appointing authority.. The County shall reimburse the
employee for tuition, fees, and books for the course, provided the employee
submits a receipt of course expenses and a notice of successful completion
(passing grade or better) of course.
28
Section 29. Adverse weather
when the weather is such that travel to or from the workplace may be, in
the judgment of the County Manager, hazardous to the employee or to others,
. the County Manager may allow leave with pay and declare the County agencies
closed for all or any part of a workday.
In making this judgment, the County Manager shall consider advice from such
agencies as the Office of Emergency Management, the Sheriff's Department,
the State Highway Patrol, and the National Weather Service. The Manager
shall also attempt to confer with the Chairman of the Board of
Commissioners or the Vice- Chairman regarding such action.
The Manager will advise local radio and television stations of his decision
as soon as possible to provide the widest dispersion of the information.
In the event that the decision is made to keep offices open and the
employee feels, in their opinion, that travel to and from the workplace
would be too hazardous, the following rules will apply:
1. Employees who feel endangered getting to and from the work
because of hazardous driving conditions will charge time not
worked to vacation or petty leave.
2. where possible, such employees may be given an opportunity to
make up such time rather than charge it to "leave" subject to
these limitations:
(a) All make -up time must be approved in advance by the
department head.
(b) The supervisor or a designated supervisor must work if
time is made up on Saturdays.
(c) Break time cannot be use as make -up time.
(d) All time must be made up within 30 days of the adverse
weather
ARTICLE VII. SEPARATION, DISCIPLINARY ACTION, AND REINSTATEMENT
Section 1. Types of Separation
All separations of employees from positions in the service of the County
shall be designed as one of the following types and shall be accomplished
in the manner indicated: resignation, reduction in force, disability,
retirement, dismissal, or death.
Section 2. Resignation
A minimum of two (2) weeks' notice is expected of all resigning personnel.
Such notice should be given to the department head (or in the case of
department heads, to the County Manager).
29
Section 3. Reduction in Force
=n the event that a reduction in force 'becomes necessary, consideration
` shall be given to the quality of each employee's past performance,
organizational needs, and seniority in determining those employees to be
retained.
Employees who are laid off because of reduction in force shall be given at
least two 2 weeks' notice of anticipated lay -off. No regular employee
shall be separated while there are temporary employees serving.in the same
class in the department, unless the regular employee is not willing to
transfer to the position held by the temporary employee.
Section. 4. Disability
An employee maybe-separated for disability when the employee - cannot
perform the required duties because of a physical or mental impairment..:
Action may be initiated by the employee or the County but in all cases it
shall be supported by medical evidence as certified by a competent
physician. The County may require an examination at its expense and
performed by a physician of its choice. Before an employee is separated
for disability, a reasonable effort shall be made to locate alternative
positions within the County's service for which the employee may be suited.
Section 5. Retirement Age
All County personnel shall automatically retire on the last day of the
fiscal year in which the employee reaches age seventy (70) unless the Board
of Commissioners grants a one (1) year extension. The Board of
Commissioners may grant extensions of employment until the employee reaches
age seventy -five (75). Such extensions shall be based upon the
recommendation of the appointing authority and upon the findings of a
medical examiner designated-by the County. Retirement shall be mandatory
for all employees subject to the provisions of this article upon the last
day of the fiscal year in which the employee reaches ages seventy -five
(75).
Section 6. Death
All compensation due in accordance with Article VI, Section 10 of this
policy will be paid to the estate.of a deceased employee. The date of
death shall be recorded as the separation date for computing compensation
due.
Section 7. Disciplinary Actions
An employee may be suspended or demoted by the department head because of
failure in performance of duties or failure in personal conduct. The
department head shall provide the employee with a written notice including
the recommended effective date, reasons for the action, and appeal rights
available to the employee.
30
Section 8. Failure in Performance of Duties.
An employee whose work is unsatisfactory over'a period of time shall.be
notified by the supervisor in what way the employee's work is deficient,
and what must be done if the work is to be satisfactory.
An employee who is suspended, demoted or dismissed for unsatisfactory
performance of duties shall receive at least three warnings before
disciplinary action is taken. First, one or more oral warnings must be
issued by the employee's supervisor; second, an oral warning with a
follow -up letter to the employee which sets forth the points covered in
their discussion must be issued by the supervisor; and third, a written
warning must be issued by the department head serving notice upon the
employee that corrective action must be taken immediately in order to avoid
disciplinary actions. The supervisor and the department head must record
the dates of.their discussions with the employee, the performance
deficiencies discussed and the corrective actions recommended, and.must
file the information in the employee's personnel folder.
The employee must be allowed at least ten (10) workdays to respond to the
charges before any determination is made by the department head concerning
a suspension or a demotion. Any determination by the appointing authority
concerning dismissal- shall be made in accordance with the provisions of
Section 13. Dismissal.
The following causes relating to failure in the performance of duties are
representative of those considered to be adequate grounds for suspension,
demotion, or, dismissal:
(a) inefficiency, negligence or incompetence in the performance of
duties;
(b) careless, negligent or improper use of County property or
equipment;
31
(c) physical or mental incapacity to perform duties;
(d) discourteous treatment of the public or other employees;
(e) absence without approved leave;
(f) habitual improper use of leave privileges; and
(g) habitual pattern of failure to report for duty at the assigned
time and place.
Section 9. Failure in Personal Conduct
An employee may be suspended, demoted or dismissed for causes relating to
personal conduct detrimental to County service (1) in order to avoid undue
disruption of work, (2) to protect the safety of persons or.property,.or
(3) for either serious reasons.
The following causes relating to failure in personal conduct are
representative of those considered to be adequate grounds for suspension,
demotion or dismissal:
(a) fraud in securing appointment;
(b) conduct unbecoming a public officer or employee;
(c) conviction of a felony or of a• misdemeanor which would adversely
affect performance of duties, or entry of a plea of "no contest"
to either;
(d) misappropriation of County funds or property;
(e) falsification of County records for personal profit or to grant
special privileges;
(f) reporting to work under the influence of alcohol or narcotic
drugs or partaking of such things while on duty orlwhile on-
public property, except that prescribed medication may be taken
within the limits set by a physician so long as medically
necessary;
(g) willful damage or destruction of property;
(h) willful acts that would endanger the lives and property of
others;
(i) acceptance of gifts in exchange for "favors" or "influence ";
(j) incompatible employment or conflict of interest;
(k) violation of political activity restrictions.
32
An employee demoted for causes relating to personal conduct shall be given
a statement of the charges, be allowed to respond in writing, and be given
a prompt written statement of'the decision of the'department head or the
appointing authority. These steps shall be taken before the disciplinary
action except in cases of suspensions where a written statement will be
sent to employee by certified mail.
Section 10. Disciplinary Suspension
An employee who is suspended for disciplinary reasons shall be relieved
temporarily of all duties and responsibilities and shall receive no
compensation for the period of suspension.
Section 11. Immediate Disciplinary Suspension
An employee may be suspended without notice by the department head for
causes related to personal conduct in order to avoid undue disXL+ption of
work, to protect the safety of persons or property, or for other serious
reasons. When a department head suspends an employee he shall tell the
employee to leave County property at once and remain away until further
notice. The department head shall notify the County Manager immediately.
A c:•ri *_t_- su,-nmarY giving the circumstances and facts leading to the
suspension shall be prepared; one cony shall be delivered to the employee
by certified mail, and one copy shall be filed in the employee's folder.
Section 12. Non - Disciplinary Suspension
During the investigation, hearing or trial of an employee on any criminal
charge or during the course of civil action involving an employee, the
department head may suspend the employee without pay for the duration of
the proceeding as a non - disciplinary action. However, the investigation,
hearing, trial, or civil action must involve matters that may form the
basis for disciplinary suspension, demotion or dismissal in order for the
non - disciplinary suspension to be allowed.
Pull recovery of pay and benefits for the period of non-disciplinary
suspension will be authorized by the Board of Commissioners, if the
suspension is terminated with full reinstatement of the employee.
Section 13. Dismissal
Before a regular employee may be dismissed on the basis of job performance
or personal conduct, the following shall occur:
(a) The supervisor recommending dismissal should discus the
recommendation with, and receive the approval of, appropriate
management.
33
(b) A pre - dismissal conference shall be held between management
representative(s) and the.employee. No attorneys or other such
representatives for either party shall be present at this
conference; a witness or security personnel may be present if
management deems it necessary. The management representative
shall present the employee with the specific reasons for the
proposed dismissal and a brief summary of the information which
management believes supports the proposed dismissal. The
employee shall have a right to respond to that notice of proposed
dismissal in the conference.
(c) If, at the end of the pre - dismissal conference, the management
representative determines that dismissal is justified, he /she may
present the employee with a letter of dismissal. However, the
management representative may elect to defer the dismissal based
on information presented by the employee, and reconsider the
proposed dismissal. If, following such reconsideration, the
decision is to dismiss, then no further pre - dismissal conference
is required.
(d) The employee must be given written notice of the dismissal. This
written notice must include specific reasons for the dismissal
and the employee's right of appeal.
(e) Upon dismissal on the basis of job performance, an employee may
be given up to two weeks notice. In exceptional circumstances,
and with the prior approval of the County Manager or his
designee, a payment of up to two weeks salary may be made in lieu
of notice. Notice or pay in lieu of notice shall apply only to
dismissals based on job performance.
Section 14. Employee Appeal
A regular employee wishing to appeal
may present the matter in accordance
procedure prescribed in Article VIII
Section 15. Reinstatement
a demotion, suspension or dismissal
with the provisions of the grievance
of this ordinance.
An employee who resigns while in good standing or who is separated because
of reduction in force may be reinstated within one (1) year of the date of
separation, with the approval of the department head and the appointing
authority. An employee who enters extended active duty with the Armed
Forces of the United States, the Public Health Service or with a Reserve
component of the Armed Forces will be granted reinstatement rights
commensurate with Chapter 43 of Public Law 93 -508. An employee who is
reinstated shall be credited with previous service and previously accrued
sick leave and will receive all benefits provided in accordance with this
policy and state law. The salary paid a reinstated employee shall be as
close as reasonably possible, given the circumstances of each employee's
case, to the salary step previously attained by the employee in the salary
range for the previous class of work, plus any across-the--board pay
increases.
34
ARTICLE VIII. GRIEVANCE PROCEDURE, DI
AND ADVERSE ACTION APPEAL
Section 1. Organization of Advisory Personnel Board
The Board of Commissioners shall appoint an Advisory Personnel Board to
consist of three (3) members. Members of the Advisory Personnel Board
shall serve three (3) year staggered terms. Members shall be appointed by
the Board of Commissioners at their first regular meeting in January of
each year. A member of the Advisory Personnel Board may be removed by the
Board of Commissioners only for cause and after being given a written
statement of the charges and a public hearing thereon, if so requested.
Vacancies in an unexpired term shall be filled by the Board of
Commissioners by appointment for the remainder of the term.
Each member of the Advisory Personnel Board shall be a qualified voter of
the County, and shall be known to be in sympathy with the merit principle
of personnel administration. One member of the Advisory Personnel Board
shall have had experience in public or private personnel administration.
Any member of the Advisory Personnel Board who becomes a candidate for
political office, or actively participates in County elections, in the
manner herein before set forth, shall be deemed to have vacated his
:or :�icn as a member of the Advisory Personnel Board. Members of the
..dvisory Personnel Board shall not be eligible for more than two (2)
consecutive three (3) year terms on the Board.
The Advisory Personnel Board at the first meeting in January of each year
shall elect one of its members as Chairman, who shall preside at all
meetings, and shall be responsible for calling all such meetings. Meetings
shall be held from time to time as necessary, and two (2) members shall
constitute a quorum. Members of the Advisory Personnel Board shall serve
without compensation. The County shall provide clerical support to the
Board to perform such duties as the Board may direct.
The Advisory Personnel Board shall:
(1) Advise the Board of Commissioners and the County Manager on
County Personnel problems;
(2) Conduct public hearings upon the request of the Board of
Commissioners or discharged, suspended, or demoted County
Employees. The Board shall have all powers necessary to complete
investigation of the action taken, including the power to call
and examine witnesses and papers. The Board shall inform the
employee and the Board of Commissioners in writing of its
findings and recommendations; and
(3) Keep an accurate record of all its proceedings, findings, and
recommendations.
35
Section 2. Grievance and Adverse Action - Definitions
A grievance is a claim or complaint based upon an event or condition which
. affects the circumstances under which an employee works, allegedly caused
by misinterpretation, unfair application, or lack of established policy
pertaining to employment conditions. A grievance might involve alleged
safety or health hazards, unsatisfactory physical facilities, surroundings,
materials or equipment, unfair or discriminatory supervisory or
disciplinary practices, unjust treatment by fellow workers, unreasonable
work quotas, or any other grievance relating to conditions of employment.
An adverse action is a demotion, dismissal, reduction in pay, layoff, or an
undesirable transfer or suspension.
Section 3. Grievance Procedure and Adverse Action Appeal - Policy
In order to maintain a harmonious and cooperative relationship between the
County and its employees, it is the policy of the County to provide for the
settlement of problems and differences through an orderly grievance
procedure. Every regular employee shall have the right to present his
problem, grievance or adverse action appeal in accordance with the
established policy free from interference, coercion, restraint,
discrimination, or reprisal.
It is the responsibility of supervisors at all levels, consistent with
authority delegated to them, to consider and take appropriate action
promptly and fairly on a grievance or adverse action appeal of any
employee.
In adopting this policy,the County sets forth the following objectives to
be attained in this program:
Assure employees of a way in which they can get their problems or
complaints considered rapidly, fairly, and without fear of
reprisal.
Encourage the employee to express himself about how the
conditions of work affect him as an employee.
Get better employee understanding of policies, practices, and
procedures which affect them.
Provide employees with assurance that actions are taken in
accordance with policies.
Provide a check on how policies are carried out by supervisors.
Give supervisors a greater sense of responsibility in their
dealings with employees.
CM
Section 4. Grievance and Adverse Action Appeal Procedures - - Non-
Discrimination
Any regular County employee having a problem or grievance arising out of or
due to his employment and who does not allege discrimination because of his
age, sex, race, color, national origin, religion, creed, physical
disability, or political affiliation shall first discuss his problem or
grievance with his supervisor and follow the grievance and adverse action
appeal established by the County.
Step One. The employee with a grievance or adverse action appeal shall
present the matter orally or in writing to his immediate supervisor within
fifteen (15) calendar days of its occurrence or within fifteen (15)
calendar days of the.time the employee learns of its occurrence, with the
objective of resolving the matter informally. If the exact date cannot be
established for the occurrence of a grievance circumstance, the fifteen
(15) calendar day limit will be waived, but the employee should-file the
grievance within a reasonable time period. The supervisor should be and is
encouraged to consult with any employee or officer deemed necessary to
reach a correct, impartial, and equitable determination and shall give the
employee an answer as soon as possible, but within five (5) working days.
Ste^ 7w7o. If the decision is not satisfactory to the employee in Step 1,
or if he fails to receive an answer within the designated period provided
in Step 1, he may file the grievance in writing within ten (10) working
days with the department head, who shall hear the grievance and render a
decision in writing within a maximum of ten (10) working days.
For employees in the Sheriff's department and the Register of Deeds
office, there shall be no appeal beyond the decision of the respective
department heads.
Step Three Grievance:
General County Employee. If the decision is not satisfactory to a general
County employee in Step 2, or if he or she fails to receive an answer
within the designated period provided in Step 2, an employee.mzy file the
grievance with the County Manager. The County Manager shall hear the
grievance appeal and render a_decision in writing within five (5) working
days. The Manager's decision shall be final regarding the grievance.
Step Three Adverse Action:
General Countv Employee. In an adverse action case (demotion, dismissal,
reduction in pay, layoff or an undesirable transfer or suspension), the
general County employee may ether appeal to the County Manager or to the
Advisory Personnel Board.
37
The County Manager shall hear the adverse action appeal and render a
decision in writing within five (5) working days or may refer the matter to
the Advisory Personnel Board. If the Manager hears the adverse action
• appeal, he shall report his decision to the employee and to the Board of
County Commissioners within five (5) working days.
If a general County employee shall appeal an adverse action to the Advisory
Personnel Board or if the County Manager shall refer an adverse action
appeal to the Advisory Personnel Board established in accordance with these
rules, the Advisory Personnel Board shall hold a hearing thereon within ten
(10) working days. Within five (5) days of the hearing, the Advisory
Personnel Board shall render a written advisory opinion to the employee and
the Manager. The hearing shall be open to the public unless both parties
agree that the hearing shall be closed. In a hearing before the Advisory
Personnel Board, the County must produce evidence to justify the adverse
actions taken by.the County regarding the employee. The employee must be
given the sight at...the hearing to examine all evidence and to cross examine
witnesses. The employee has the right to be represented by a'person of his
choice. The Advisory Personnel Board may hold an executive session for the
purpose of making its decision. The advisory opinion of the Personnel
Board shall be forwarded to the employee, the County Manager, and the Board
of County Commissioners.
Step Three: Competitive Service Employee
If a competitive service employee is not satisfied with the Step Two
decision or if he fails to receive an answer within a reasonable period of
time, he may file the grievance or adverse action appeal with the State
Personnel Commission within thirty (30) days after receipt of notice of the
local department head's Step Two decision. The request should be filed
through the State Personnel Director.
The State Personnel Director or any other person or persons designated by
the Commission shall investigate the disciplinary action or alleged
discrimination which is appealed to the Commission. The State Personnel
Commission may hear the case or direct the State Personnel Director or
other person or persons designated by the Commission to conduct a hearing
of the facts and issues. If following the investigation and Fearing a
settlement is agreed to by both parties, the State Personnel Director or
the designated agent shall certify the settlement to the Commission. If
following the investigation and hearing there are issues and facts on which
agreement cannot be reached, the State Personnel Director or the designated
agent shall report his findings to the Commission with his recommendations.
The Commission at its next meeting, or as soon as possible thereafter,
shall consider the report and modify, alter, set aside or affirm said
report and certify its findings to the appointing authority. Decisions
which may be made by the Commission include the reinstatement of an
employee to the position from which he has been removed, the employment,
promotion, transfer or salary adjustment of any individual to whom it has
been wrongfully denied, or other suitable action to correct the abuse which
may include requirement for any loss of salary which has resulted from the
improper discriminatory action of the appointing authority.
RU
The decisions of the State Personnel Commission shall be binding in appeals
of local employees subject to the State Personnel Act if the Commission
finds that the employee has been subjected to discrimination or in any case
where a binding decision is required by applicable Federal standards.
However, in all other local employee appeals, the decisions of the State
Personnel Commission shall be advisory to the local appointing authority.
Section 5. Grievance and Adverse Action Appeal Procedure -
` Discrimination
Any applicant for County employment, County employee, or former County
employee who has reason to believe that employment, promotion, training, or
transfer was denied him or that demotion, layoff, or termination of
employment was forced upon him because of his.age, sex, race, color,
national origin, religion, creed, political affiliation, or physical
disability except where specific age, sex, or physical requirements
constitute a bona fide occupational qualification necessary to proper and
efficient administration, shall have the right to appeal directly to the
County Manager (in the case of general County employment) or the State
Personnel Commission (in the case of competitive service employment. A
regular County employee has the right to appeal using the grievance
procedure outlined in Section 4 of this article if he so desires. An
employee or applicant must appeal an alleged act of discrimination within
fifteen (15) days of the alleged discriminatory action.
This procedure shall also apply to grievances involving the availability of
services, programs and benefits to handicapped persons.
ARTICLE IX. EMPLOYEE BENEFITS
Section 1. Insurance Benefits
The County provides a group health insurance program available to
employees.
The County may make other group insurance plans available for its employees
upon authorization of the Board of Commissioners.
Section 2. Unemployment Insurance
In accordance with Public Law 94 -566 and Chapter 1124 of the Session Laws
of 1977 of the North Carolina General Assembly, local governments are
covered by unemployment insurance effective January 1, 1978. County
employees who are laid off or released from the County service may apply
for unemployment compensation through the local Office of the Employment
Security Commission who will determine the employee's eligibility for this
benefit.
39
Section 3. Old Age and Survivor's Insurance
The County, to the extent of its lawful authority and power, has extended
social security benefits for its eligible employees and eligible groups and
classes of such employees.
Section 4. Retirement Benefits
The County provides retirement benefits for its employees. The County
provides a retirement program for employees through the North Carolina
Local Governmental Employee's' Retirement System and the Teachers' and
State Employees' Retirement System of North Carolina for Law Enforcement
Officers.
Each employee appointed to a regular position shall be required to join one
of the County retirement plans.
F2TICLE S.
RECORDS AND REPORTS
Section 1. Personnel Record Maintenance
Such personnel records as are necessary for the proper administration of
the personnel system will be maintained by the County Personnel Officer and
department heads subject to approval of the County Manager. The County
..all maintain in personnel record only infcrmation that is relevant to
accomplishing personnel administration purposes.
The following information on each County employee shall be maintained:
(a) name;
(b) age;
(c) date of original employment or appointment to County services;
(d) current position title;
(e) current salary
(f) date and amount of most recent change in salary;
(g) date of most recent promotion, demotion, transfer, suspension,
separation, or other change in position classification; and
(h) office to which the employee is currently assigned.
40
section 2. Access to Personnel Records
As required by G. S. 153A -98, any person may have access to the information
listed in Section 1 of this article for the purpose of inspection,
examination, and copying, during the regular business hours, subject only
to such rules and regulations for the safekeeping of-public records as the
Board of Commissioners may adopt. Access to such information shall be
governed by the following provisions:
(a) All disclosures of records shall be accounted for by keeping a
written record (except for authorized persons processing
personnel actions) of the following information: Name of
employee, information disclosed; date information was requested;
name and address of the person to whom the disclosure is made;
purpose for which information is requested. This information
must be retained for a period of two years.
(b) Upon request, records of disclosure shall be made available to
the employee to whom it pertains.
(c) An individual examining a personnel record may copy the
information; any available photocopying facilities may be
provided and the cost may be assessed to the individual.
(d) Any person denied access to any record shall have a right to
compel compliance with these provisions by application to a court
for writ of mandamus or other appropriate relief.
Section 3. Confidential Information
All information contained in a County employee's personnel file, other than
the information listed in Section 1 of this article will be maintained as
confidential in accordance with the requirement of G.S. 153A -98 and shall
be open to public inspection only in the following instances:
(a) The employee or his duly authorized agency may examine all
portions of his personnel file, except, (1) letters of reference
solicited prior to employment, and (2) information concerning a
medical disability, mental or physical, that a prudent physician
would not divulge to his patient.
(b) A licensed physician designed in writing by the employee may
examine the employee's medical record.
(c) A county employee having supervisory authority over the employee
may examine all material in the.employee's personnel file.
(d) By order of the court of competent jurisdiction, any person may
examine all material in the employee's personnel file.
41
(e)
An official of any agency of the State or Federal government, or
any political subdivision of the State, may inspect any portion
of a personnel file when such information is deemed by the County
Manager to be necessary and essential to the pursuance of a
proper function of the inspecting agency, but no information
shall be divulged for the purpose of assisting in a criminal
prosecution of the employee or for the purpose of assisting in an
investigation of the employee's tax liability.
(f)
Each individual requesting access to confidential information
will be required to submit satisfactory proof of identity.
(g)
A record shall be made of each disclosure and placed in the
employee's file (except disclosures to the employee and the
supervisor).
Section.
4. Per7ords of Former Employees
The provisions for access to records apply to former employees as they
apply to present employees.
Section 5. Remedies of Employees objecting to Material in File
An emn.lcvee who objects a material in his file may place in his file a
statement relating to the material he considers to be inaccurate or
misleading. The employee may seek the removal of such material in
accordance with established grievance procedures.
Section 6. Penalty for Permitting Access to Confidential File by
Unauthorized Person
G.S. 153 -98 provides that any public official or employee who knowingly and
willfully permits any person to have access to any confidential information
contained in an employee personnel file, except as expressly authorized by
the designated custodian, is guilty of a misdemeanor and upon conviction
shall be fined in an amount not to exceed five hundred dollars.
Section 7. Penalty for Examining and/or Copying Confidential Material
Without Authorization
G.S. 153A -98 provides that any person, not specifically authorized to have
access to a personnel file designated as confidential, who shall knowingly
and willfully examine in its official filing place, remove or copy any
portion of a confidential personnel file shall be guilty of a misdemeanor
and upon conviction shall be fined in the discretion of the court but not
in excess of five hundred dollars.
42
Section 8. Destruction of Records Regulated
No public official may destroy, sell, loan, or otherwise dispose of any
public record, except in accordance with G.S. 121 -5, without the consent of
the State Department of Cultural Resources. Whoever unlawfully removes a
public record from the office where it is usually kept, or whoever alters,
defaces, mutilates or destroys it will be guilty of a misdemeanor and upon
conviction will be fined not less than ten dollars nor more than five
hundred dollars as provided in G.S. 132 -3.
ARTICLE XI. IMPLEMENTATION OF POLICY
Section 1. Conflicting Policies Repealed
All policies, ordinances or resolutions that conflict with the provisions
of this policy are hereby repealed.
Section 2. Separability
If any provision of this policy or any rule, regulations or order
thereunder of the application of such provision to any person or
circumstances is held invalid, the remainder of this policy and the
&P:.'_icat -on of such remaining provisions of this policy of such rules,
regulations or orders to persons or circumstances other than those held
invalid will not be affected thereby.
Section 3. Violations of Policy Provision
An employee violating any of the provisions of this policy shall be subject
to suspension and /or dismissal, in addition to any civil or criminal
penalty,which may be imposed for the violation of the same.
Section 4. Effective Date
This policy shall become effective as of July 18, 1988.
43