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HomeMy WebLinkAboutPersonnel Ordinance 01/03/05Harnett C 0 U N T Y NORTH CAROLINA Personnel Ordinance Audii Manual Adopted January 3, 2005 Harnett County Personnel Ordinance Page Article 1. Omanization of the Personnel System Section 1. Purpose 1 Section 2. Coverage 1 Section 3. Definitions 1 Section 4. Merit Principle 4 Section 5. Responsibility of the Board of Commissioners 4 Section 6. Responsibility of County Manager 4 Section 7. Responsibility of the. Human Resources Director 5 Article II. Classification Plan Section 1. Adoption 6 Section 2. Allocation of Positions 8 Section 3. Administration of the Position Classification Plan 6 Section 4. Amendment of Position Classification Plan 6 Article 111. The Pay Plan Section 1. Adoption 7 Section 2. Maintenance of the Pay Plan 7 Section 3. Use of Salary Ranges 7 Section 4. Payment at a Listed Rate 7 Section 5. Salary. of Trainee 7 Section 6. Salary Compression 8 Section 7. Pay Ranges in Promotion, Demotion, Transfer, and 8 Reclassification Section 8. Pay Rates in Salary Range Revisions 8 Section 9. Pay for Part-Time Work 9 Section 10. 3`d Year and 5th Year Salary Adjustments 9 Section 11. Cost of Living Adjustments 10 Section 12. Overtime 10 Section 13. Call Back Pay 12 Section 14. Payroll Deductions 12 Section 15. Longevity Pay 13 Section 16. Travel Allowances 13 Section 17. Supplemental Retirement Income Plan 13 Article IV. Recruitment and Employment Section 1. Statement of Equal Employment Opportunity Policy 14 Section 2. Implementation of EEO Policy 14 Section 3. Recruitment 14 Section 4. Job Advertisements 14 Section 5. Applications for Employment 15 Section 6. Application Reserve File 15 Section 7. Qualification Standard 15 Section 8. Selection 16 Section 9. Appointments 16 Section 10. Probationary Period of Employment 17 Section 11. Promotion 17 Section 12. Demotion 18 Section 13. Transfer 18 ii Harnett County Personnel Ordinance Page Article V. Conditions of Employment Section 1. Attendance 19 Section 2. Work Week 19 Section 3. Gifts and Favors 19 Section 4. Political Activity Restricted 19 Section 5. Outside Employment 20 Section S. Limitation of Employment of Relatives 20 Section 7. Unlawful Harassment 21 Section 8. Drug -Free Work Place 23 Article VI. Leaves of Absence Section 1. Holidays 24 Section 2. Effect of Work of Holidays on Other Types of Paid 24 Leave Section 3. Holidays -When Work Required 25 Section 4. Vacation Leave 25 Section 5. Vacation Leave - Initial Appointment Probationary 25 Employees Section 6. Vacation Leave - Manner of Accumulation 26 Section 7. Vacation Leave - Maximum Accumulation 26 Section 8. Vacation Leave - Manner of Taking Leave 27 Section 9. Vacation Leave - Previous Leave Credit 27 Section 10. Vacation Leave - Terminal Pay and Repayment of 27 Vacation Leave Section 11. Vacation Leave - Payment of Accumulated Vacation 27 Leave Upon Death Section 12. Sick Leave 28 Section 13. Sick Leave - Manner of Accumulation 28 Section 14. Sick Leave- Maximum Accumulation 29 Section 15. Sick Leave - Physician's Certificate 29 Section 16. Sick Leave - Retirement Credit for Accumulated Sick 29 Leave Section 17. Sick Leave - Previous Leave Credits 29 Section 18. Sick Leave - Credit for Accumulation from Previous 29 Employment Section 19. Calculation of Holiday Leave, Vacation Leave, and 29 Sick Leave Section 20. Petty Leave 30 Section 21. Leave Without Pay Policy 30 Section 22. Leave Without Pay- Retention and Continuation of 30 Benefits Section 23. Shared Leave Policy 31 Section 24. Worker's Compensation Leave 33 Section 25. Military Leave 34 Section 26. Civil Leave 34 Section 27. Educational Leave With Pay 34 Section 28. The Family Medical Leave Act 35 Section 29. Adverse Weather 36 Section 30. Volunteer Leave 39 iii Harnett County Personnel Ordinance Page Article VII. Employee Benefits 40 Section 1. Insurance Benefits 41 Section 2. Unemployment Compensation 41 Section 3. Old Age and Survivors Insurance 41 Section 4. Retirement Benefits 41 Section 5. Death Benefit 41 Section 6. Life Insurance 41 Section 7. Law Enforcement Officer's Separation Allowance 41 Section 8. Supplemental Retirement income Plan for Law 42 Enforcement Officers - 401(k) Section 9. Workers Compensation 42 Section 10. Direct Deposit 42 Section 11. Benefits - Other (Flexible) 43 Article VIII. Separation, Disciplinary Actions. & Reinstatement Section 1. Types of Separation 44 Section 2. Resignation 44 Section 3. Voluntary Resignation 44 Section 4. Reduction in Force 45 Section 5. Disability 45 Section 6. Death 45 Section 7. Disciplinary Actions 45 Section 8. Investigatory Suspension 49 Section 9. Employee Appeal 49 Section 10. Reinstatement 50 Article IX. Grievance Procedure Section 1. Purpose 51 Section 2. Coverage 51 Section 3. Policy 51 Section 4. Procedure 51 Section 5. Final Decision of the Grievance 53 Section 6. Maintenance of Records 53 Section 7. Other Remedies Preserved 53 Article X. Personnel Records and Reports Section 1. Personnel Record Maintenance 54 Section 2. Information Open to the Public 54 Section 3. Access to Personnel Records 54 Section 4. Confidential Information 55 Section 5. Records of Former Employees 55 Section 6. Remedies of Employees Objecting to Material in File 56 Section 7. Penalty for Permitting Access to Confidential File by 56 Unauthorized Person Section 8. Destruction of Records 56 Article XI. Implementation of Policy Section 1. Conflicting Policies Repealed 57 Section 2. Separability 57 Section 3. Violations of Policy Provision 57 Section 4. Effective Date 57 iv Harnett County Personnel Ordinance ARTICLE I. ORGANIZATION OF THE PERSONNEL SYSTEM Section 1. Purpose The purpose of this policy is to establish a personnel system which will promote a fair and effective means to recruit, select, develop and maintain an effective and responsible work force, and provide the means for removal of unsatisfactory employees. 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, Sections 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 Director of Elections shall be subject to Article II; Article III; Article IV, Sections 1 -7; Article V; Article VI; and Article VII, Sections 2, 6, 13, and 15; (4) Temporary employees as designated by the Board of Commissioners shall be subject to Article 1; Article 111, Section 9; Article IV, Sections 1 -9; Article V; Article VI, Sections 1, 21; Article VIII, Section 5; Article X; and Article XI. (5) Employees of the Sheriff's Office and Register of Deed's Office are exempt from Article V111, Sections 7, 8, 9 and Article 1X. Section 3. Definitions (listed alphabetically) Adverse Action. An involuntary action to include: demotion, dismissal, reduction in pay, layoff or an undesirable transfer or suspension. Anniversary Date. The employee's original date of employment with the county service in a permanent position. Appointing Authority. Any board of position with legal or delegated authority to make hiring decisions. Harnett County Personnel Ordinance Class. Positions or groups of positions having similar duties and responsibilities requiring similar qualifications, which can be properly designated by one title indicative of the nature of work performed, and which carry the same salary range. Competitive Service Employee. An employee of the local social service department, public health department, or local office of civil preparedness receiving federal grant -in -aid funds — these employees are subject to North Carolina General Statues Chapter 126. Cost of Living Increase. An annual adjustment that may be made by the Board of Commissioners to all pay ranges effective July 1 of each year. Demotion. The reassignment of an employee to a position or classification having a lower salary range than the position or the classification from which the reassignment is made. Employee: (1) Regular: 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. Employee has all appeal rights and County benefits. (2) Temporary: A person hired for the duration of a mission or function to be completed. Employees do not have appeal rights and do not receive County benefits. These employees may be terminated at any time based on County needs. General County Employees. A county employee not subject to the State Personnel Act. 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 that is subject to the control of the County. Hiring Rate. The salary paid an employee when hired into county service, normally the first step of the salary range. Maximum Salary Rate. The maximum salary authorized by the pay plan for an employee within an assigned salary grade. Pay Plan. A schedule of pay ranges arranged by minimum, mid - point, and maximum salary rates for each class assigned to the salary range. Performance Evaluation System. An annual review of an employee's performance, designed to facilitate communications between employees and supervisors. Permanent Employee. An employee who has completed the required probationary period to the satisfaction of the department head. 2 Harnett County Personnel Ordinance Position. A group of current duties and responsibilities requiring the full or part time employment of one person. Probationary Employee. A person appointed to a regular position who has not completed the probationary period. See Article IV, Section 10. Promotion. The reassignment of an employee to an existing position or classification in the County service having a higher salary range than the position or the classification from which the reassignment is made. Reclassification. The reassignment of an existing position from one class to another based on changes in the job duties and content. Salary Grade. All positions that 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 and maximum salary levels for a given classification for hiring purposes. Salary Range Revision. The raising and lowering of the salary range for one or more specific classes of positions within the classification plan. Special Salary Adjustment. An increase in salary within the range based on department head recommendation. Transfer. The reassignment of an employee from one position or department to another. Work Schedules: (1) Full -Time. 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. Note: Regular employees on a part -time work schedule receive pro -rated benefits and vacation and are eligible for all appeal processes. (2) Part-Time. An employee, either regular or temporary, who is regularly scheduled less than the number of hours per workweek designated by the Board of Commissioners as full -time. Note: Regular employees on a part-time work schedule receive pro -rated benefits and vacation and are eligible for all appeal processes. (3) Intermittent -On -Call. Non - scheduled work; basically the employee is in an on -call status or roster to provide the mission coverage required by the certain County departments. 9 Harnett County Personnel Ordinance Section 4. Merit Principle All appointments, promotions, and other personnel transactions shall be made solely on the basis of merit (knowledge, skills and education) and abilitytfitness. 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. 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 North Carolina General Statute 153A -82 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 North Carolina General Statute 153A -103. The County Manager shall (1) Recommend rules and revisions of the personnel system to the Board of Commissioners for consideration; (2) Recommend revisions to the position classification plan to the Board of Commissioners for approval; (3) Prepare and recommend revisions to the pay plan to the Board of Commissioners for approval; (4) Determine which employees shall be subject to the overtime provisions as provided for in Article III, Section 9; (5) Establish and maintain a roster of all persons in the County service, setting forth each officer and employee, class title or position, salary, and changes in class title and status, and such data as may be deemed desirable or useful; (6) 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; (7) Develop and coordinate training and educational programs for County employees; (8) 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 (9) Perform such other duties as may be assigned by the Board of Commissioners not inconsistent with this policy. 4 Harnett County Personnel Ordinance Reference Note: Officers whose appointments are required by North Carolina General Statute to be made by the Board of Commissioners: Clerk to the Board County Attorney Deputy Tax Collector Tax Collector Tax Supervisor Finance Officer 153 A -111 153 A -114 105 -349 (f) 105 -349 105 -294 159 -24 The appointive power of the commissioners is limited in the following instances: Article VII, 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 State Health Director and the Board 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): and 130A -41. The Board of Social Services appoints the Social Services Director, who appoints the social services employees. 108A -12. 14 Agricultural Extension employees are jointly appointed by the Board of Commissioners and the State Extension Service. County Board of Elections is empowered to appoint and remove a Director of Elections and all registrars, judges, assistants, and other officers of elections. 163 -33.35 Section 7. Responsibility of the Human Resources Director The County Manager shall employ a Human Resources Director who shall assist in the preparation and maintenance of the position classification plan, the pay plan and perform such other duties in personnel administration as the County Manager shall require. A Harnett County Personnel Ordinance ARTICLE II. CLASSIFICATION PLAN Note: The County Directors of Social Services and Health Department shall make appointments, dismissals, and suspensions in accordance with the General Statutes 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. Copy provided at Appendix A. Section 2. Allocation of Positions The County Manager shall allocate each position covered by the classification plan to its appropriate Gass 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 be established only with the approval of the Board of Commissioners after which the County Manager shall either (1) allocate the new position to the appropriate class within the existing classification plan, or (2) recommend that the Board of Commissioners amend the position classification plan to establish a new class to which the new position may be allocated. 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 the position classification plan by the Board of Commissioners based on the recommendation of the County Manager. R Harnett County Personnel Ordinance 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 they 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 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 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 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 recommendation 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 than the minimum education and training for the class and /or a shortage of qualified applicants to accept employment at the minimum step. 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 plan. 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. 7 Harnett County Personnel Ordinance Section 8. Salary Compression The annual salary of Harnett County supervisors may be at least $500.00 more than the highest paid employee supervised subject to the request of the department head and at the discretion of the county manager. Section 7. Pay Ranges in Promotion, Demotion, Transfer, and Reclassification 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 five percent (5 %) pay increase or an increase to the minimum of the new pay range, whichever is greater. B. An employee who is demoted shall have his salary 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. C. An employee who transfers 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. Reclassifications: (1) An employee whose position is reclassified to a class having a higher salary range shall receive five percent (5 %) pay increase or an increase to the minimum of the new pay range, whichever is higher. (2) If an employee is currently at the midpoint of the current pay range and the position is reclassified to a higher pay range, the employee shall receive a 5% increase or the midpoint of the new pay range, whichever is higher. (3) If an employee is above the mid -point of the pay range and the position is reclassified to a higher pay range, the salary will be adjusted to the same point in the new pay range. (4) If the position is reclassified to a lower pay range and the employee is receiving a salary above the maximum of the range established for the new class, the salary of the employee shall be maintained at the same level until such time as the employee's pay range is increased above the employee's current salary. Section 8. Pay Rates in Salary Range Revisions When the Board of Commissioners approve a change in salary range for a Gass 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 reassigned to a higher pay range, employees in that class shall receive a five percent (5 %) pay increase or an increase to the minimum step of the new range, whichever is higher. I3 Harnett County Personnel Ordinance B. When a class of positions is reassigned to a lower pay range, the salaries of employees in that Gass will remain unchanged. If this assignment to a lower pay range results in an employee being paid at a rate above the maximum of the range 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. C. At the beginning of the fiscal year, any promotions, special salary adjustments, or reclassifications will be applied before any COLA (if any). Section 9. 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 department head no less than the minimum and up to the maximum of the hourly rate of grade range. Section 10. 3id Year and 5"' Year Salary Adjustments A. When an employee serves 3 years in his or her current position, the salary is increased % the distance from the current salary to the midpoint of the pay grade. B. When an employee serves 5 years in his or her current position, the salary is increased to the midpoint of the current pay grade. C. If an employee's job has been reclassified to a higher grade, with no change in duties, the date he or she originally went into the position is used to calculate 315 salary movement. D. If an employee's job is reclassified to a higher grade because of new duties or the employee is promoted, the date of this action will be used to calculate 315 salary movement. E. To ensure an employee is not penalized for taking a promotion his or her current salary should be higher than the old salary grade midpoint. Examples: (1) John is a grade 60, with 5 years in his job and a salary of $20,999. The grade 60 salary midpoint is $22,746. He gets promoted to grade 65, with a new salary of $23,622. Because he has 5 years in this job his salary would have been moved to $22,746 without promotion. His new salary is more than $500 greater than his salary would have been had he not taken the promotion, so the new salary remains $23,622. (2) Mary was hired in February of 1993 in a pay grade 63 position. She was promoted to pay grade 64 in June 1996 and her current salary is $23,734. If she had remained in her old job, she would now be eligible for 5"' year movement to the mid -point of grade 63 ($25,956). Because her current salary is less than the mid -point of the old grade her salary will be adjusted to the old mid -point ($25,956), plus $500 for a new salary of $26,456. 9 Harnett County Personnel Ordinance (3) If Mary would now be eligible for 3 r year movement toward the mid- point of her old grade, we would determine what her salary would have been if she had not taken the promotion. If this salary is greater than her current salary, we would correct her salary as in the above example, without the $500. F. Time spent in "Trainee" or "Work. Against" status does not count toward completion of the time required for either the 3'd year or a year salary adjustment. While serving in "Trainee" or "Work Against" status the employee receives scheduled salary adjustments so long as they perform assigned duties in a fully acceptable manner. Section 11. Cost of Living Adjustments A. If the Board of Commissioners approve a Cost of Living Adjustment, the increase will be effective July 1 of each year. The amount of this adjustment, if any, may vary from year to year. B. When a Cost of Living Adjustment is approved, regular employees will receive a $500 minimum increase to their annual pay. C. Temporary employees, who have been in their position for one year as of July 1, are eligible to receive the percentage of the Cost of Living Adjustment applied to their hourly rate of pay. Section 12. Overtime A. 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 work week or work period of the employee. Overtime as defined by the Federal Labor Standards Act is hours worked greater than 40 hours in a normal workweek. C. Exempt Employee. Designated employees in executive, administrative, and professional positions are not entitled to overtime pay per the Fair Labor Standards Act. 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 employee and shall be permanently filed in the employee's personnel folder and recorded on the 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 and'/) times the regular hourly rate for each hour of overtime worked. 10 Harnett County Personnel Ordinance E. Compensatory Time. (1) Exempt Employees. a. Exempt Department heads (Directors, Elected Officials, Administrators and Officers) are provided a salary for the mission requirements of their respective organizations. This salary is full remuneration for their services and Harnett County will not provide compensatory time to exempt Department Heads. b. Administrative and Professional exempt employees required to work overtime shall receive compensatory time off at a rate of one (1) hour for each hour of overtime worked. Employees who are Administrative and Professional Exempt will be paid for all overtime hours accrued in excess of 80 hours at the regular hourly rate. All hours or accrued compensatory time in excess of forty (40) hours 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 (114) day of annual leave. In the event that an exempt employee is terminated, they shall be paid for accrued compensatory time up to two hundred and forty (240) hours at the regular rate. c. in special circumstances, the Board of Commissioners reserves the right to compensate exempt employees for hours worked over 40 in a week. (2) Non - exempt employees. a. Regular work schedule employees. Employees required to work overtime shall receive compensatory time off. The compensatory time shall be computed at one and one -half (1 and X) hours for each hour of overtime worked. Non - exempt employees who accrue compensatory time in excess of 80 hours shall be paid overtime pay. In the event that a Non- exempt employee accrues compensatory time in excess of two hundred and forty (240) hours or four hundred and eighty (480) as appropriate, they 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 work schedule employees. Employees shall not accrue compensatory time off where the granting of compensatory time off would unduly disrupt operations work schedules. These employees shall be paid over time pay at one and one -half (1 and '%) times their regular rate for each hour worked in excess of their designated work week or 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 for all unused compensatory time at a rate of compensation not less than: (1) the average regular rate received by such employees 11 Harnett County Personnel Ordinance Any county employee eligible to receive compensation under this policy will be guaranteed a minimum of two hours for being called back to work outside of normal working hours. Section 14. Payroll Deductions Only payroll deductions specifically mandated or authorized by Federal, State or County act may be deducted at each pay period from the employee's pay. Other deductions may also be made from an employee's pay, subject to the approval of 12 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 required to submit time sheets shall accurately reflect the hours worked by the employee and shall be certified by the employee and supervisor prior to submission to Payroll. e. Unauthorized work. Hours worked by an employee without permission from the department head or authorized representative or contrary to his instructions shall not be considered time worked and the employee is subject to disciplinary action for failing to follow instructions. f. Travel time. County employees shall be credited with hours of work for all time spent in official travel, to include time spent traveling 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 traveling from the destination until returned to the county is deemed official travel. g. Fluctuating Workweek. The Fair Labor Standards Act permits employers to pay non - exempt employees a fixed salary for a fluctuating work week and to compensate them for their overtime hours on a `half - time" basis. Under this method of compensation, an employee is paid a fixed salary covering whatever number of hours the job demands in a given week. With straight time already compensated in the salary, only one- half the basic rate must be paid for overtime. The amount of the half -time payment will necessarily vary depending on the number of hours worked in excess of forty (40) hours in the work week. The fluctuating work week will be used for salaried county employees in Sheriffs Communications functions. h. In accordance with Harnett County Finance Office Departmental Guidelines, compensatory time must always be exhausted prior to expending vacation time. Section 13. Call Back Pay Any county employee eligible to receive compensation under this policy will be guaranteed a minimum of two hours for being called back to work outside of normal working hours. Section 14. Payroll Deductions Only payroll deductions specifically mandated or authorized by Federal, State or County act may be deducted at each pay period from the employee's pay. Other deductions may also be made from an employee's pay, subject to the approval of 12 Harnett County Personnel Ordinance the Finance Officer; however, they must be requested and authorized by the employee. Section 15. Longevity Pay Longevity pay shall be granted to all regular and probationary employees working thirty (30) or more hours per week. A. Time of Service. Employees with five (5) years consecutive service by November 30 are eligible for longevity pay. B. Payment of Longevity. The amount of longevity shall be based on the employee's salary on November 30, and paid annually in a lump sum the first week in December of the same year. This payment shall not be made a part of the employee's base salary. C. Consecutive Covered Service. Employees are eligible for longevity pay under the following plan: Consecutive Time and Service 5 thru 9 years 10 thru 14 years 15 thru 19 years 20 thru 24 years 25 years and up Percentage of Annual Salary 1.00% 1.50% 2.25% 3.25% 4.50% Section 16. 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. The Harnett County Finance Office Departmental Guidelines issues the official guidelines for travel reimbursements. Section 17. Supplemental Retirement Income Plan of North Carolina The County offers all regular County employees, except certified officers, a voluntary County 401(k) Supplemental Retirement Income Plan of North Carolina, effective July 1, 1992. This Supplemental Retirement Income Plan allows County employees to voluntarily agree to participate in the 401(k) Supplemental Retirement Income Plan. The minimum amount to participate is 1 % of an employee's salary. The County will match up to 2% of the employee's salary input. The plan also allows for employees to contribute a greater percentage of their salary (up to the maximum percentage authorized by the Internal Revenue Service rules), but the County will only match up to 2% of an employee's salary. In accordance with North Carolina General Statute 143 - 166.50, sworn law enforcement officers receive 5% County paid contribution into the 401(k) Supplemental Retirement Income Plan of North Carolina and are eligible to participate in the above referenced program. However, there will not be any additional County match over the 5 %. 13 Harnett County Personnel Ordinance ARTICLE IV. RECRUITMENT AND EMPLOYMENT Note: The Sheriff and Register of Deeds have the right to hire, discharge, and supervise the employees in their respective departments under the authority of the North Carolina General Statute 153A -103. 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 speck 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 requirements. 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. Each employee shall sign the Employee Civil Rights Compliance Review upon hire. Section 3. Recruitment When positions are to be filled within the County, department heads shall notify the Human Resources Director concerning the number and classification of positions which are to be filled. The Human Resources Director shall publicize these opportunities for employment to include the applicable salary ranges and employment qualifications. Information on job openings and hiring practices shall be provided to recruitment sources including organization and news media available to minority applicants. In addition, notice of vacancies will be posted on the Harnett County website. Individuals shall be recruited from a geographic area 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. Advertisements will contain the necessary directions for individuals to follow when applying for a position. All regular full -time vacancies will be posted in a manner that will provide county -wide coverage. 14 Harnett County Personnel Ordinance 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 by applying with the Employment Security Commission for vacancies open to external candidates. Note: Forpositions that must comply with the Local Government Employees Subject to the State Personnel Act (Health and Social Services) candidates must complete a State Application (PD107) and submit It to the Employment Security Commission. Section 6. Application Reserve File A. 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 for a period of two (2) years, in accordance with Equal Employment Opportunity Commission guidelines. B. A separate application must be submitted for each position. The Human Resources Department will accept copies of applications with original signatures. The applications will be maintained in files established for each vacancy and are the property of the County. 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 any physical conditions as recommended by the department head in the position description. 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, formal courses, and /or on-the-job training. 15 Harnett County Personnel Ordinance Section B. Selection A. When a job opening occurs, the initial screening of applicants may be conducted by the local ESC Office. B. The qualified candidates shall then be referred to the County Human Resources Department, at which time they shall conduct the formal review of candidates to ascertain those meeting the minimum advertised requirements. C. A memorandum of candidates meeting the qualifications will be sent to the appropriate department head where interviews will be conducted and selections will be made. D. The department head will prepare a memorandum of selection to the Human Resources Director which will contain who was interviewed, the rationale for the selected candidate, recommended starting salary (with justification for below or above the range minimum) and the desired starting date. E. The Human Resources Department will conduct reference checks with prior employers, criminal background checks, driving record and any other steps deemed necessary. If there are issues discovered during the research conducted by Human Resources, the department head will be informed and they will decide if the employment process is continued on this candidate or if another selection will be made. F. The Human Resources Director shall prepare a recommendation to the County Manager for approval or disapproval of the candidate. G. The County Manager has final approval or disapproval of the candidate. If it is in the best interest of the County to waive part or all of this process, the approval of the County Manager shall be required before proceeding. Section 9. Appointments A. 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 the position. Before any commitment is made to an applicant, the County Manager shall approve or reject the appointment. S. Note: The Sheriff and Register of Deeds may make appointments and the County Manager will determine the classification and starting salaries of new employees in those departments. C. 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 involving moral turpitude. 16 Hamett County Personnel Ordinance 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 the initial appointment, may be dismissed at any time during the probationary period without appeal rights, if found to be performing duties unsatisfactorily. A regular employee serving a probationary period following a promotion shall be demoted, as provided in Section 12 of this article, if unable to perform assigned duties of the new job satisfactorily. Before completion of 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 employee should be retained in the present position or should be released, transferred, or demoted. E. No regular employee shall remain on probation for more than one (1) year. F. Employees subject to North Carolina General Statute 126 may not be on probation longer than nine (9) months. 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 may be carefully examined when opening for positions in higher classifications occur. B. Vacancies in positions shall be filled as far as practicable by the promotion of employees in the service of the County. Employees must apply for a vacancy to be promoted. However, consideration should be given to all qualified applicants who have been the object of historical discrimination. 17 Harnett County Personnel Ordinance Section 12. Demotion A. 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 due process defined in Article VIII. Separation, Disciplinary Action and Reinstatement. B. 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. C. 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. The employee must apply for the lower graded vacancy as they occur, compete and be selected by the department head. Section 13. Transfer If a vacancy occurs and an employee in another department applies, competes and is selected, the department head wishing to hire the employee shall request the transfer in a memorandum to the Human Resources Director. This selection, as all others, shall be subject to the approval of the County Manager. Department heads may transfer an employee to another equal graded position to meet mission requirements. Any employee transferred without having requested it may appeal the action in accordance with the grievance procedure. Any employee who has successfully completed the original probationary period may be transferred to the same or similar class in a different department without serving another probationary period. W Harnett County Personnel Ordinance ARTICLE V. CONDITIONS OF EMPLOYMENT Section 1. Attendance Employees are hired with the understanding that they will report regularly and on time for work every scheduled workday. It is essential for the accomplishment of the mission that everyone does their part. Failure to give notification of absences, frequent tardiness and excessive absenteeism will be viewed as lack of interest in their job and an indication that they are unable to meet the responsibilities of a regular job. We understand that employees may need to be out occasionally for various reasons and approved leaves of absences are covered in Article VI. Section 2. Work Week The established work week for the county is a seven -day period beginning on Sunday and ending on Saturday. Full -time employees work five (5) eight -hour days per week. The normal work hours of county offices shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, with one (1) hour permitted for lunch. The County has established flexible work hours in several departments, based on mission needs and department head request. Department heads shall work those hours necessary to assure the satisfactory performance of their departments, but not less than forty (40) hours per week. Section 3. Gifts and Favors A. No official or employee shall accept any gift, favor or thing of value that may tend or could be perceived to influence that employee in the discharge of their duties. B. No official or employee shall grant, in the discharge of duties, any improper favor, service, or thing of value. Section 4. Political Activity Restricted Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. In accordance with the Constitution and laws of the United States of America, each employee may (1) join or affiliate with civic organizations of a partisan or political nature, (2) attend political meetings, (3) may advocate and support the principles or policies of civic or political organizations, and (4) support partisan or non - partisan candidates of their choice. 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 the outcome of an election or nomination for political office (3) contribute County funds for political or partisan purposes, (4) coerce or compel another employee of the County to contribute funds for political or partisan purposes, or (5) use any supplies or equipment of the County for political or partisan purposes. Competitive service employees and employees in certain federally -aided programs are subject to the Hatch Act. 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 employees to dismissal or other disciplinary action. 19 Harnett County Personnel Ordinance Section 5. Outside Employment The work of the County takes priority over other employment interests of regular employees. Outside employment may be restricted to prevent interference with efficient County service. (The purpose of this approval policy is to determine that secondary work does not have an adverse affect upon County work, is not controversial to County policies, and does not create an appearance of impropriety to the Citizens.) A. Definition. Outside employment, sometimes called moon- lighting, is all employment for salaries, wages, tips, commissions, or self- employment other than the regular position held with Harnett County. B. Procedures: (1) Any regular employee desiring outside employment must make a written request to the department head. The request shall be granted, unless it appears that outside employment or self- employment is likely to prevent the employee from efficiently discharging their duties to the county or it is incompatible with county employment (2) The department head will review the request for possible incompatibility and conflict of interest If the department head determines that at conflict exists, the employee will be noted in writing that it is disapproved. If a conflict does not exist, the department will notify the employee and endorse the request. (3) A copy of the request, with the recommendation of the department head, will be submitted to the Human Resources Department for the file. (4) if necessary, the request with the department head's recommendation may be submitted to the County Manager for final determination. (5) If the department head requests that the employee terminate the outside employment, and the employee refuses; the employee will be subject to disciplinary action up to and including dismissal. C. No employee will perform outside employment which is inconsistent with a professional code of ethics or appears to present a conflict of interest. D. Employees will not be approved to perform outside employment for any person in their supervisory chain. E. Employees will not be approved to perform outside work while in a Family Medical Leave status. Section 6. 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. 20 Harnett County Personnel Ordinance Sect/on 7. Unlawful Harassment A. Harnett County promotes a work environment free of unlawful harassment. Unlawful Workplace Harassment is unwelcome or unsolicited speech or conduct based upon race, color, religion, national origin, age or disability status that creates a hostile work environment or circumstances. Harassment may include offensive photos, jokes, remarks, threats, etc. B. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or the effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. C. Individuals, who perceive instances of unlawful workplace harassment, including sexual harassment, are encouraged to use the County's internal procedures to resolve the situation and /or complaint without fear of retaliation. Once a complaint is received, the County has an obligation to thoroughly investigate the complaint and take appropriate action. D. Any employee who believes he or she may have a complaint of unlawful harassment should report, orally or in writing, to his or her supervisor, department head, or may file the complaint directly with the Human Resources Director if the complaint involves the supervisor or department head. The supervisor or department head to whom the complaint is made shall notify the Human Resources Department within three (3) working days of the complaint. E. The Human Resources Department will receive the written complaint and any supporting evidence and /or documentation, or cause a written complaint to be made from interviewing the complaining party. The Human Resources Director shall notify all concerned parties that a complaint has been filed. F. All complaints of unlawful workplace harassment, including sexual harassment, will be investigated promptly and where necessary, immediate appropriate action will be taken to stop and remedy any such conduct. Any supervisor, agent or employee found in violation of this policy is subject to disciplinary action, including dismissal. G. The investigation will consist of interviewing all concerned parties, including the complaining party, the alleged offender(s) and witnesses, and gathering any other relevant evidence or documentation. The Human Resources Director will take appropriate interim action, if necessary. The investigation shall be completed and a report given to the County Manager within fifteen (15) working days of the receipt of the written complaint, unless an extension is granted by the complaining party. H. The County Manager will make a determination as to the resolution of the complaint and will notify the concerned parties of the determination. I. All complaints and subsequent investigations will be held in strictest confidence. J. Retaliatory actions against the complaining party and his/her witnesses will not be tolerated. Complaints of retaliation will be immediately investigated and appropriate action will be taken. 21 ©a k � E c � C c .0 m fc Z$ a$ . ]o emcee 2 t\ f§ �7 2 f# �E.2 § �{ tk \ § �k) k��-{ 0 0 - g R©a ©#1 £km W2 k 2 «$E m 0-(D k i\ ��� 0- E �§\ \ //r �� 22eee 7( �2 �8 \ %3 —•2 k§ c t� 0 2��, D } � 3 A k / � 4) 0 <a �B E (� 22 c ; o b © E /\ \/ �0 \2k8k % f/ sB# @c °� ° ©` #k ƒ a§¥ �-;� �k #2 2 ) /2c ask 0 k�i �� k 2 2S� 0) § m2� §f m @k§ @c�\a E £o a' E — 0 Itm -0 � f�� ƒƒff$ of / k§ c( �§ ='a-) ok�a a_ E, E ) 2 0� 2§ f% ( 28 C14 Harnett County Personnel Ordinance Section B. Drug -Free Work Place The County has approved and made effective the Drug -Free Work Place policy according to the Drug -Free Work Place Act of 1988 (Pub. L. 100 -690, Title V., Subtitle D: 41 USC 701 et seq.). It is the County policy that no employee shall possess, use or distribute illicit drugs or alcohol on the premises of the property or facilities of the County or while representing Harnett County at any professional or social function. Disciplinary actions up to and including dismissal and referral for prosecution will be imposed if the standards of the policy are violated. The County has a strong commitment to provide a safe and secure workplace, and to promote high standards of employee health and well being. To this end, every effort will be made to keep drugs and alcohol out of work force. If a person recognizes that a problem exists and initiates action to seek help, the County will work with the employee to resolve the situation. Effective January 1, 1998, Harnett County implemented additional processes and procedures to the Drug -Free Workplace Policy for all employees holding a position which is determined to be safety sensitive or requires a Commercial Driver's License (CDL). The Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102 -143, tit. V, Sections 2(5) & 3(a), 105 Stat. 917, 952 -53 (1991) (codified at scattered sections of 49 U.S.C. requires alcohol misuse and anti - controlled substance prevention programs. The U.S. Department of Transportation published rules mandating alcohol misuse and anti - controlled substance prevention programs. There is a separate County of Harnett Drug and Alcohol Testing Policy for Commercial Drivers License Holders, Safety Sensitive Positions, and the Harnett Area Transit System. 23 Harnett County Personnel Ordinance ARTICLE VI. LEAVES OF ABSENCE Section 1. Holidays The following days and such other days that the Board of Commissioners may designate are holidays with pay for employees and officers of the County working the basic workweek: New Year's Day Veteran's Day Martin Luther King's Birthday Thanksgiving Day Good Friday Day after Thanksgiving Memorial Day Christmas - Two (2) or three (3) Independence Day workdays as defined below Labor Day When a holiday (other than Christmas Day) falls on a Saturday or a Sunday, Monday shall be observed as a holiday. Christmas Holiday Schedule 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 greater or fewer than the basic workweek shall be determined in accordance with the formula set forth in Section 19 of this article. Terminating employees who resign on a holiday will not be paid for that holiday, unless they work the holiday. Temporary Employees — In order to be eligible for holiday pay, a temporary employee must have worked the regularly scheduled workday either before or after the holiday. Section 2. Effect of Work of 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. 24 Harnett County Personnel Ordinance Section 3. Holidays — When Work Required A. Employees, who work a regular 40 hours per week schedule that are required to work on a regularly scheduled holiday will earn compensatory time based on their exemption status. B. Employees on the four day work week — ten hours per day — will be provided eight (8) hours for the holiday. If a holiday falls on the workday, the employee must sign two (2) hours of annual or petty leave. C. Employees who work on rotating shifts that work on a designated County holiday will be provided with twelve (12) hours time off. If an employee who works on rotating shifts and the designated County holiday falls on the employee's regular scheduled day off, they will receive the standard eight (8) hours holiday time. D. 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. 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 with prior approval of appointing authority. Law enforcement officers shall be allowed to take accumulated vacation leave after six (6) months of service. 25 Harnett County Personnel Ordinance Section 6. Vacation Leave - Manner of Accumulation Any employee working the basic workweek or greater shall earn vacation leave at the following rates: Vacation Accrual Month/Year Regular 40 Hour Week Employees Years Worked Monthly Annual Less than 2 6.67 hours 10 days 2 but less than 5 8.00 hours 12 days 5 but less than 10 10.00 hours 15 days 10 but less than 15 12.00 hours 18 days 15 but less than 20 14.00 hours 21 days 20 or more 16.00 hours 24 days Sheriffs (42.75 Employees) Years Worked Monthly Annual Less than 2 7.13 hours 85.6 hours 2 but less than 5 8.56 hours 102.72 hours 5 but less than 10 10.70 hours 128.4 hours 10 but less than 15 12.84 hours 154.08 hours 15 but less than 20 14.98 hours 179.76 hours 20 or more 17.12 hours 205.44 hours EMS 124 Hour Shift Employees) Years Worked Monthly Annual Less than 2 8.87 hours 106.4 hours 2 but less than 5 10.64 hours 127.68 hours 5 but less than 10 13.30 hours 159.6 hours 10 but less than 15 15.96 hours 191.52 hours 15 but less than 20 18.62 hours 223.44 hours 20 or more 21.28 hours 255.36 hours Section 7. Vacation Leave - Maximum Accumulation Annual leave may be accumulated without any applicable maximum until December 31 st of each calendar year. However, if the employee separates from service, payment for accumulated annual leave shall not exceed 240 hours. On December 31st, any employee with more than 240 hours of accumulated leave shall have the excess accumulation transferred to sick leave (only 240 hours are carried forward to January 1 st of the next calendar year). 26 Harnett County Personnel Ordinance 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 the annual leave scheduled or in receiving any exception to the maximum accumulation. The County has a Shared Leave Program and it is provided in Section 23 of this Article. Section 8. Vacation Leave — Manner of Taking Leave Vacation leave may be taken as earned by an 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, who 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. For an 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 deducted from the employee's final compensation. Section 11. Vacation Leave — Payment of 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 (payment will not be made for hours exceeding the maximum 240 hours). 27 Harnett County Personnel Ordinance 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 examination or treatment • Exposure to a contagious disease when continuing to work might jeopardize the health of others and, • An illness or medical appointment of an employee's spouse, child, parent, or parent -in -law requires the presence of the employee • Death in the employee's immediate family (may not exceed three (3) days for any one occurrence, except by special permission from the department head). Note: The tern "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, loco parentis relationship, and those living within the same household. Notification of the desire to take sick leave should be submitted prior to the leave or not later than two (2) hours after the beginning of the next scheduled workday. In the case of non - emergency situations, such as routine doctor appointments, notification should take place on the workday following the making of the appointment. Section 13. Sick Leave — Manner of Accumulation Each full -time regular and probationary employee working the basic work week shall earn sick leave computed at the following rate: Sick Hours Accrual Month/Year Sick leave earned by regular employees having a work week with greater or fewer hours than the basic 40 hour work week shall be determined in accordance with the formula set forth in Section 19 of this Article. The County has a Shared Leave Policy and it is provided in Section 23 of this Article. At the time of an employee's separation, any sick leave owed the County shall be deducted from the employee's final compensation. W MonthlyAnnual Regular 40 Hour Employee 8.00 96.00 Sheriff 42.75 Hour Employee 8.56 102.72 EMS 24 Hour Shift Employee 10.64 127.68 Sick leave earned by regular employees having a work week with greater or fewer hours than the basic 40 hour work week shall be determined in accordance with the formula set forth in Section 19 of this Article. The County has a Shared Leave Policy and it is provided in Section 23 of this Article. At the time of an employee's separation, any sick leave owed the County shall be deducted from the employee's final compensation. W Harnett County Personnel Ordinance Section % 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 not abuse of sick leave privileges. Section 18. 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 the time of retirement to employees who are members of the North Carolina Local Government Employee's 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. 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 previous employer and that the employee was not reimbursed for these days. This only applies to governmental entities that were the employee's 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 with greater or fewer hours than the basic workweek shall 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 work week. 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. 29 Harnett County Personnel Ordinance Section 20. 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. Petty Leave may not be used in conjunction with any other leave. Petty Leave is not a right which an employee may demand but a privilege granted by the Board of Commissioners. Petty leave will be in addition to any other leave which the County employees may earn and accumulate, but it will not accumulate beyond the end of a calendar year. Employees are encouraged to not accumulate petty leave because there is no guarantee that it will be granted before the end of the calendar year. Petty leave is 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 21. 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 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. Failure to report at the expiration of a leave of absence, unless an extension has been requested, shall be considered a resignation. 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 the decision of the employee to the appointing authority. Section 22. Leave Without Pay — Retention and Continuation of Benefits An employee ceases to earn leave credits on the date leave without pay beings. The employee may continue to be eligible for benefits under the County's group insurance plans, subject to any regulations adopted by the Board of Commissioners, the Family Medical Leave Act, and the regulations of the respective insurance carriers. 30 Harnett County Personnel Ordinance Section 23. Shared Leave Policy There are occurrences brought about by serious and prolonged medical conditions that cause employees to exhaust all available leave and therefore be placed on leave- without -pay. It is recognized that such employees forced to go on leave - without -pay could be without income at the most critical point in their work life. It is also recognized that fellow employees may wish to voluntarily donate some of their accumulated vacation leave or compensatory time so as to provide assistance to fellow employees to assist another affected by a medical condition that requires absence from duty for a prolonged period of time resulting in possible loss of income due to lack of accumulated leave. This policy establishes the opportunity for employees to help each other by establishing a leave "pool" or "bank ". In those cases of a medical condition as defined below, an employee may apply for or be nominated to become a recipient of leave transferred from the pool consisting of donated vacation leave from other employees. For purposes of this policy, medical condition means a documented medical condition of an employee that is likely to require the employee's absence from duty for a period of 20 consecutive workdays or more and to result in a substantial loss of income to the employee due to limited leave in the employee's account. If an employee has had previous random absences for the same condition that caused excessive absences, or if the employee has had a previous, but different, prolonged medical condition within the last year, an exception to the 20-day period may be applied for. The intent of this policy is to allow employees to assist one another in case of a crisis involving a serious or prolonged medical condition. It is not the intent of this policy to apply to incidental, normal, short-term medical conditions. Each applicant for the Voluntary Shared Leave Pool will have their leave history reviewed because it is not the intent of this policy to reward abusers of the leave policies. The use of vacation leave on a shared basis for any purpose other than specified by this policy is prohibited. Participation in this program is limited to 80 hours per month with a maximum of 240 hours per incident, either continuously or, if for the same condition on a recurring basis. M employee on worker's compensation leave who is drawing temporary total disability compensation may be eligible to participate in this program. Use of donated leave under the worker's compensation program would be limited to use during the required waiting period (first seven days of disability unless the disability continues for more than twenty -eight days) and for the supplemental county pay provision (the use of sick leave to receive a supplemental payment for the difference between regular salary and the payment received under Workers Compensation). 31 Harnett County Personnel Ordinance A. Administration: this program shall be administered by the county under the following conditions: (1) Qualifying to Receive Leave a. Applicant must have been employed in a regular employee status for at least six months b. At the time of request, the recipient's sick leave and annual leave balance must be at or near zero c. By letter of application to the department head, a recipient shall apply, or be nominated by a fellow employee to participate in the program d. Application for participation would include name, employee number, title, department, description of the medical condition, doctor's statement, and estimated length of time needed to participate in the program. e. The Privacy Act makes medical information confidential; therefore, prior to making the employee's status public for purpose of receiving shared leave, the employee must sign a release to allow the status to be known. f. The department head shall review the merits of the request and forward it to the Human Resources Director with a recommendation to approve or disapprove. g. The County Manager with the assistance of the Human Resources Director will make the final decision. Note: Participation in this program shall also take into account the employee's past compliance with County leave rules. Any county employee who is not satisfied with the results of the decision shall have an opportunity for an adequate and fair hearing under the Grievance Policy as set forth in Article Wil of the Harnett County Personnel Ordinance. (2) Participation Requirements: a. Any county employee in regular employee status is eligible to contribute. b. The minimum amount to be donated is two hours. c. An employee must have a zero balance in their leave accounts to become eligible to use donated leave. d. The maximum amount of vacation leave allowed to be donated by one individual in a calendar year, it to be no more than one -half of the amount of the individual's annual accrual rate. However, the amount donated is not to reduce the donor's vacation leave balance below 80 hours, for full -time employees, or the prorated equivalent for part-time employees. e. An employee may not directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right which such employee may have with respect to donating, receiving, or using annual leave under this program. Such action by an employee shall be grounds for disciplinary action up to and 32 Harnett County Personnel Ordinance including dismissal on the basis of personal conduct. Individual leave records are confidential and only individual employees may reveal their donation or receipt of leave. The employee donating leave cannot receive remuneration or reward for leave donated. (3) Donor Leave Accounting and Usage Procedures a. The Human Resources Department, with Payroll's data, shall establish a system of leave accountability which will accurately record leave donations and recipients use. Such accounts shall provide a clear and accurate record for financial and management audit purposes. b. Actual transfer of donated leave will take place at the end of each month, but will be retroactive to the days of the month where there is not leave balance. This will eliminate the possibility of the recipient having unused donated leave in his or her sick leave account after the approved need has ended. c. If insufficient leave is in the pool to meet all of the approved recipient's requests, available leave will be prorated based on individual needs. Example: Employee A needs 20 hours of leave to receive a full months pay. Employee B needs 80 hours of leave to receive full pay. The pool only has 50 hours of donated leave in it at the end of the month. Therefore, 10 hours will be donated to Employee A and 40 hours will be donated to Employee B meeting half (50 %) of each employee's needs. d. Unused donated leave will remain in the pool for future needs of employees with qualifying medical conditions. e. Approved recipients may start receiving shared leave as of the first of the month following the month in which they go into a Leave Without Pay status. Section 24. Worker's Compensation Leave An employee absent from duty because of sickness or disability covered by the North Carolina Worker's Compensation Act may receive Worker'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 Worker's Compensation Act. These employees may have deducted from their accumulated vacation or sick leave the fraction of one day which is the same as the fraction that the supplemental payment for one day is of a regular day's pay. Upon reinstatement, the 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 Worker'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 Worker's Compensation Act. 33 Harnett County Personnel Ordinance Section 26. Military Leave A. A regular employee who is a member of the National Guard or Armed Forces Reserve will be allowed 96 hours military training annually (adjusted for employees having a work week with greater or fewer hours than a basic 40 hour 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 employee shall be eligible to take accumulated vacation leave or be placed in a leave without pay status. B. 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. C. Regular employees who are guardsmen and reservists have all job rights specified in The Uniformed Services Employment and Reemployment Rights Act (USERRA). D. Time spent in military leave is counted towards eligibility for leave under the Family Medical Leave Act, Section 26. Civil Leave When a County employee is called for jury duty or as a court witness for the federal or state governments or a subdivision thereof, they shall receive leave with pay for such duty during the required absence without charge to accumulated vacation, sick or petty leave. While on civil leave, benefits and leave shall accrue as though the employee were on regular duty. 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 the Court for Court appearances in connection with official duties. Section 27. Educational Leave With Pay A leave of absence at full or partial pay during regular working hours 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 hours 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 of the course. 34 Harnett County Personnel Ordinance Section 28. The Family and Medical Leave Act The Family and Medical Leave Act of 1993 requires employers to grant eligible employees a total of twelve workweeks of job- protected, unpaid leave during any twelve -month period for one or more of the fallowing reasons: (1) the birth of a son or daughter of the employee, in order to care for such son or daughter; (2) the placement of a son or daughter with the employee for adoption or foster care; (3) the need for the employee to care for the spouse, child, or parent of the employee, when such spouse, son, daughter, or parent has a serious health condition; or (4) an employee's serious health condition that makes the employee unable to perform the functions of his or her position. 29 CFR 825.209 also requires the employer to maintain the employee's group health insurance benefits for the duration of the leave. The employer may recover premiums paid if the employee fails to return to work (unless the employee suffers a continuation of the serious medical condition). To be eligible for FMLA leave, an employee: (1) must have a total of at least twelve (12) months of service with the employer, although the twelve months need not be consecutive; (2) must have worked at least 1,250 hours during the last 12 months; and (3) must have a worksite that has at least 50 (fifty) employees within a seventy - five (75) mile radius. The County of Harnett uses the following method to measure "12 -month period" to assess employee eligibility for FMLA leave: The 12 -month period measured forward from the date the employee's first FMLA leave begins. The County of Harnett will require employees to provide medical certification of the need for FMLA leave from the health care provider. FMLA leave will run concurrently with accrued sick or vacation leave and with absences taken in connection with worker's compensation claims. The County of Harnett will require periodic updates about the employee's status and intention to return to work or a medical recertification. Employees have the right to return to the same or an equivalent job upon the conclusion of FMLA leave. The County of Harnett will require the employee to furnish medical certification that he or she is able to resume work. 35 Harnett County Personnel Ordinance Section 29. Administrative LeavelAdverse Weather General Provisions A. Administrative leave because of adverse weather may be granted when the County Manager exercises his discretion to administratively excuse (no charge to leave) nonessential employees early because of severe weather developing during normal operating hours, or when there is a delayed opening because of severe weather developing during non -duty hours. B. All employees are to presume, unless otherwise notified, that their activity will be open regardless of any weather or other emergency conditions, which may develop; and they are expected to report for work. C. Designation of Essential Employees. Essential county services must be maintained regardless of weather conditions. Department Heads are responsible for determining which of their employees are essential to the accomplishment of their department's mission. Essential employees, as directed by their department head, are required to report to, or remain at work during adverse weather conditions. Those essential employees who cannot report to work because of driving conditions will make every effort to contact their supervisor or another management official so that county transportation can be dispatched to pick them up. When county transportation is provided or offered and refused by the employee, administrative leave will not be granted and the employee will be charged absence without approved leave. D. Notification Requirements. Employees who have been designated as essential must be notified in writing of the designation and are required to acknowledge this notification in writing. Department Heads will notify employees if they will be serving in a position that has been designated essential. E. There are no provisions to allow essential employees to take a day off at such future time to compensate for working during an emergency. Essential employees, who work during an emergency or natural disaster situation when the Emergency Operations Center is activated and subiect to the approval of the Board of Commissioners, and while nonessential employees are on administrative leave because normal county operations have been closed, will be compensated as follows: (1) Nonexempt employees will be paid 1 and % times their regular hourly rate of pay for each hour they work under these circumstances. This compensation will be in addition to any other compensation they are entitled to during that administrative workweek. (2) Exempt employees (including department heads) will be paid 1 times their regular hourly rate of pay for each hour they work under these circumstances. This pay will be in addition to any other compensation they are entitled to during that administrative workweek. F. Employees will not be charged any other type leave for a time period when Administrative Leave has been granted if employee was available for work. The County Manager will make a determination in questionable situations. 36 Harnett County Personnel Ordinance G. Administrative Leave will be granted to employees in the amount of hours the employee is scheduled to work. (1) Example: If an employee normally works a 10 hour day, the employee will receive 10 hours. (2) If an employee would not normally be scheduled to work on a day Administrative Leave is granted, the employee will not be given Administrative Leave. H. Temporary part time intermittent employees who are not scheduled to work are not entitled to administrative leave. Liberal use of annual leave during adverse weather periods for nonessential employees is Harnett County's standing policy. Release of nonessential employees. A. The County Manager's decision to release employees early will be disseminated to department heads by the Administration staff assisted by the Human Resources Department. B. Entitlement to administrative leave depends on the nonessential employee's status at the time of the announcement. (1) If the employee was on duty and departed on leave after official word was received but before the time set for dismissal, leave is charged only from the time the employee departed until the time set for dismissal. (2) If the employee was scheduled for duty after an initial period of leave and dismissal is given before the employee can report, leave is charged until the time set for dismissal. (3) If severe weather develops during non -duty hours but there is no curtailment of county activities, employees are expected to be at work at the beginning of the workday. Employee tardiness caused by treacherous driving conditions may be excused on a case -by -case basis. The County Manager may delay opening of county activities for a certain period of the workday. In that event, nonessential employees will be administratively excused for the duration of the delayed opening. In the event the County Manager closes all nonessential county activities for an entire day, the day will be considered a non -work day for leave purposes and employees will be excused without charge to leave. This does not apply to employees in a non -pay status on the days before and after the day of the closing. C. Adverse Weather Announcements. The Emergency Management Department will furnish radio and TV stations with Hamett County adverse weather announcements relating to delayed opening or closing of county activities. Additionally, any closings will be posted on the County internet homepage. 37 d 3 a d C Jy U a > d J C m m CL O a T m p v 3 J r d C 3 mm J y 0 L > W T 1X W C N N € O g N c Q `m8o 'rn C ° N F i Rp w C Y j1 ffi N W v meg °3 �8O dm ya" mS c > $ S j o 'm m Mn N 0 d m O }0 N > C W C m W N E T o. 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O + d of J d p. ( U c a a '�,a p > >> {>p i'e y m c m m L''> mm O LY C C d mm 3 C 'mm Y L C m. a o 0 a m aJy a a. _j 5 a 3 m w aJ 5 C C CW N 5 L "O m L t p r O N p m Lg_ G NC aLW+ N y .imr �+ E O =0 �O N m� W m >p W o° Cp i > m�°� J m ,00 J.LL D D J u J LL 0 = > SST N STS Q 0 Q 4 d •_ rt cc w .7 p WC� a Harnett County Personnel Ordinance Section 30. Volunteer Leave Regular Employees are authorized 1 % hours of administrative leave each week to perform volunteer work at a Harnett County school or any non - profit Harnett County organization of their choice (Example: Food Pantry or Meal -on- Wheels). This leave may be used in conjunction with other leave and lunch periods but may not be accumulated and/or carried forward to the next week. This leave must be approved of in advance. 39 Harnett County Personnel Ordinance Article VII. Employee Benefits Section 1. Insurance Benefits A. The county will provide both individual hospitalization and dental insurance to all employees occupying budget positions established at least half time. Employees shall be enrolled in the programs in accordance with the provisions of the insurance contracts and on the first day of the month following a waiting period of thirty (30) days. B. Deductions shall be allowable, at the option of the employee, to provide hospitalization and dental insurance for dependents in accordance with the provisions of the insurance contracts. C. Post retirement health benefits are provided on a pro -rated basis for years of service as listed below. Employees who are not eligible for the benefits as outlined below will not be allowed to remain on the CounVs health insurance plan beyond any rights granted by the Consolidated Omnibus Budget Reconciliation Act (COBRA). 'Years of Service for Elioibility Percentage of Cost Paid by the County 30 years — Hamett County Service 100% until age 65 or Medicare eligible 29 years — Hamett County Service 96% until age 65 or Medicare eligible 28 years — Hamett County Service 94% until age 65 or Medicare eligible 27 years — Hamett County Service 91 % until age 65 or Medicare eligible 26 years — Hamett County Service 88% until age 65 or Medicare eligible 25 years — Hamett County Service 85% until age 65 or Medicare eligible 24 years — Hamett County Service 83% until age 65 or Medicare eligible 23 years — Harnett County Service 81 % until age 85 or Medicare eligible 22 years — Hamett County Service 79% until age 65 or Medicare eligible 21 years — Hamett County Service 77% until age 65 or Medicare eligible 20 years — Hamett County Service 75% until age 65 or Medicare eligible 19 years — Hamett County Service 70% until age 65 or Medicare eligible 18 years — Hamett County Service 65% until age 65 or Medicare eligible 17 years — Hamett County Service 60% until age 65 or Medicare eligible 16 years — Hamett County Service 55% until age 65 or Medicare eligible 15 years — Hamett County Service 50% until age 65 or Medicare eligible 30 years — Local Government Service 50% until age 65 or Medicare eligible (includes 10 years of Hamett County Service) Medicare Supplement (standard amount to be determined by the Board of Commissioners) 'Years of Service for Eligibility Percentage of Cost Paid by the County 30 years — Hamett County Service 100% 29 years - Hamett County Service 96% 28 years — Harnett County Service 94% 27 years — Hamett County Service 91% 26 years — Hamett County Service 88% 25 years — Hamett County Service 85% 24 years — Hamett County Service 83% 23 years — Hamett County Service 81% 22 years — Hamett County Service 79% 21 years — Hamett County Service 77% 20 years — Harnett County Service 75% 19 years — Hamett County Service 70% 18 years — Hamett County Service 65% 17 years — Hamett County Service 60% 16 years — Hamett County Service 55% 15 years — Hamett County Service 50% *Must be Hamett County Employee at time of retirement to be eligible. 40 Harnett County Personnel Ordinance Section 2. Unemployment Compensation County employees who are laid off or dismissed from the County service may apply for unemployment compensation through the local office of the Employment Security Commission. Eligibility for unemployment compensation will be determined by the Employment Security Commission. Section 3. Social Security The County, to the extent of its lawful authority and power, shall extend Social security benefits for its eligible employees in accordance with the provisions of the Social Security Act. The federal Social Security program provides monthly benefits upon retirement through the Social Security Administration. Section 4. Retirement Benefits Each employee in a budgeted position, working a minimum of 1,000 hours per year, will be enrolled in the Local Government Employees Retirement System. Employees contribute, through payroll deduction, six percent (6 %) of their gross salary each month to the system. The County contributes an actuarially determined percentage of the gross payroll to the system. Section 5. Death Benefit If an employee dies before age seventy (70) while in active service with at least one (1) year as a contributing member of the Retirement System, the employee's beneficiary will receive a lump sum payment equal to the employee's highest twelve (12) months' consecutive salary during the preceding twenty -four (24) months, but no less than $25,000 and not to exceed $50,000. Section 6. Life Insurance The County will provide life insurance to all employees occupying budgeted positions established at least half time. Employees shall be enrolled in the program in accordance with the provisions of the insurance carriers. Section 7. Law Enforcement Officers' Separation Allowance A. The County shall provide a special separation allowance to qualified officers who retire early or leave service early and who meet all the following qualifications: 1. The officer must have completed thirty (30) years or more of creditable service or have attained fifty -five (55) years of age and completed five (5) or more years of creditable service. 2. The officer must not yet be sixty -two (62). 3. The officer must have completed at least five (5) years of continuous service as a law enforcement officer immediately before service retirement. B. Payment of the separation allowance will cease if the officer (1) reaches age sixty-two (62), or (2) dies. 41 Harnett County Personnel Ordinance Section 8. Supplemental Retirement Income Plan for Law Enforcement Officers - 401(k) All law enforcement officers automatically become members of the State Supplemental Retirement Income Plan on the date of hire. Section 9. Workers' Compensation The County does everything possible to provide a safe and healthy work environment. If, however, the employee cannot work due to a compensable work - related injury or illness, the matter is referred to and handled by the insurance carrier in keeping with the provisions of the North Carolina Workers' Compensation Act. Worker's Compensation provides three types of benefits: A. Medical — hospital care benefits are exactly that, payments to offset the cost of medical treatment of hospital stays. B. Disability benefits are paid at a specified rate for a stated number of weeks for a partial or total disability. The amount of the weekly benefit is based on the average pay of the employee. C. Death benefits include a specified lump -sum amount for funeral expenses, plus weekly payments (based on earnings of the employee) to surviving dependents. D. The County pays the total cost of this program. E. In accordance with General Statute 153A-94. 1, employees who receive, within the course and scope of their employment, a vaccination against smallpox in accordance with Section 304 of the Homeland Security Act and are absent from work as the result of an adverse medical reaction from the small pox vaccination will be treated the same as any other claim compensable under worker's compensation. F. The employee must report any accident, no matter how small, immediately to their supervisor, department head, or the Human Resources Department. Section 10. Direct Deposit Employees can choose to electronically deposit their paychecks to their bank or credit union. This reduces the amount of time the employee has to spend at the bank and is typically safer than manually cashing checks. 42 Harnett County Personnel Ordinance Section 11. Benefits — Other (Flexible) Additional deductions or benefits may be allowed at the option of the employee, under the provisions of the insurance contracts, and their cost may be deducted from the employee's pay, such as: A. Miscellaneous insurance — i.e. cancer, accident, and others. B. Credit Union. C. Deferred Compensation Plan (457) as authorized by the Internal Revenue Service — to provide supplemental long -term retirement. D. United Way Contributions. E. Uniforms for specific jobs and departments, as applicable; examples are Public Utilities, Sheriff, Fire Marshall, EMS. F. Vehicles for specific jobs and departments, as applicable. G. Shoe allowance for specific jobs and departments, as applicable. 43 Harnett County Personnel Ordinance ARTICLE VIII. SEPARATION, DISCIPLINARY ACTION, AND REINSTATEMENT Section 1. Types of Separation All separations of employees from positions in the service of the county shall be designated as one of the following types and shall be accomplished in the manner indicated: • resignation, • reduction in force, • disability, • retirement, dismissal, or • death. Immediately upon notification to the Supervisor that an employee is separating, the Supervisor should inform the employee that out - processing is necessary at the Human Resources Department. Human Resources will coordinate with the separating employee concerning distribution of retirement funds, 401(k) contribution, continuation of medical benefits under the Consolidated Omnibus Budget Reconciliation Act C( OBRA), conversion of life insurance plans, and a change of address, if necessary. 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 head resignations, to the County Manager and Boards, as necessary). Section 3. Voluntary Resignation An employee voluntarily terminates employment by failing to report to work without giving written or verbal notice to the employing agency. Such a failure shall be deemed to be a voluntary resignation from employment without notice when the employee is absent without approved leave for a period of at least three consecutive, scheduled workdays. Separation pursuant to this policy will not occur until the employee's department and/or Human Resources Department has undertaken reasonable efforts, such as calling the employee at the last known home telephone number or by sending the employee a certified, return receipt requested letter to the employee's last known address to locate the employee and determine when or if the employee is intending to return to work. This provision also applies when the employee is absent for at least three consecutive, scheduled workdays, and has been instructed verbally or in writing of a specific manner of reporting by management, and does not report in to the appropriate supervisory personnel on a regular basis satisfactory to the department head. Such separations as described above are voluntary separations from employment and create no right of grievance as described under Article IX. 44 Harnett County Personnel Ordinance Section 4. Reduction in Force In 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 servicing 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 5. Disability An employee may be 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 the County's choice. Before an employee is separated for disability, a reasonable effort shall be made to locate alternative positions within the County's services for which the employee may be suited. Department heads are requested to contact Human Resources when an employee begins to use vacation or sick leave for disability purposes. The reason is that we do not want the employee to deplete their leave and be in a leave without pay status prior to separation which may create financial hardship. Section S. 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 A. An employee may be reprimanded, suspended, demoted, or dismissed by the employee's department head for just cause. 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. All letters for disciplinary action must be reviewed by the Human Resources Director prior to the department head providing to the employee. 45 Harnett County Personnel Ordinance B. An employee whose work is unsatisfactory over a period of time shall be notified in writing by the department head in what way the employee's work is deficient and what must be done if the work is to be satisfactory. C. An employee who is reprimanded, suspended, demoted, or dismissed for unsatisfactory performance of duties shall receive at least three (3) warnings before disciplinary action is taken. First, one (1) or more oral warnings must be issued by the employee's immediate supervisor. Second, if the oral warning does not result in improved performance, a written warning must be issued by the supervisor, specifying the employee's performance deficiencies and the steps required to achieve satisfactory performance. Third, if performance does not improve, a final written warning must be issued by the department head. A final written warning serves notice to the employee that corrective action must be taken immediately to avoid disciplinary action. The supervisor and the department head will record the dates of their discussions with the employee, the performance deficiencies discussed, and the corrective actions recommended and file the information with the Human Resources Department in the official personnel file. The County Manager will be notified by Human Resources of any disciplinary action taken. D. An employee may be reprimanded, suspended, demoted, or dismissed for reasons of misconduct without prior warning or disciplinary action having been given to the employee, depending on the severity of the offense. E. An employee may be suspended without notice by the department head for causes related to personal conduct in order to avoid undue disruption of work, to protect the safety of persons or property, or for other serious reasons. When the department head suspends an employee without notice, the employee shall be required to leave County property at once and remain away until further notice. The department head shall notify Human Resources and the County Manager immediately. A written summary giving the circumstances and the facts leading to the immediate suspension shall be prepared; one (1) copy shall be delivered to the employee by certified mail, one (1) copy shall be filed in the Human Resources Department official personnel file, and one (1) copy shall be filed with the County Manager. F. Before any suspension, dismissal or demotion action is taken, whether for misconduct or unacceptable performance, the department head shall provide the employee with a written notice of 46 Harnett County Personnel Ordinance proposed disciplinary action, which will include the nature of the proposed action, its recommended effective date, the reason(s) for the action, and a date and time for a pre - disciplinary conference. At this conference the employee may present any response to the proposed disciplinary action to the department head. The department head will consider the employee's response, if any, to the proposed disciplinary action, and will within three (3) working days of the pre - disciplinary conference, notify the employee in writing of the final decision to take disciplinary action. The notice of final disciplinary action shall contain a statement of the reason(s) for the action and the employee's appeal rights. The Human Resources Director and County Manager will be provided with a written notice of action taken. The following causes relating to failure in the performance of duties are representative of those considered to the 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; (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. 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; 47 Harnett County Personnel Ordinance (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 or while 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"; 0) incompatible employment or conflict of interest; and, (k) violation of political activity restrictions. G. Before a regular employee may be dismissed, the following shall occur: (a) The supervisor recommending dismissal should discuss the recommendation with, and receive approval of, the appropriate management. (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 department head determines that dismissal is justified, they may present the employee with a letter of dismissal. However, the department head may elect to defer the dismissal based on information presented by the employee, and reconsider the dismissal. If, after consideration, the decision is to dismiss, no further pre - dismissal conference is required. 48 Harnett County Personnel Ordinance (d) The employee must be given written notice of the dismissal. This written notice must include the specific reasons for the dismissal and the employees' 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, a payment of up to two weeks salary may be given in lieu of notice. Notice or pay in lieu of notice shall apply only to dismissals based on job performance. Section B. Investigatory Suspension A. Investigatory suspension without pay may be used to provide time to investigate, establish facts, and reach a decision concerning an employee's status. Investigatory suspension without pay may be appropriately used to provide time to schedule and hold a pre - dismissal conference. Also, the County may elect to use an investigatory suspension to avoid undue disruption of work or to protect the safety of persons or property. An investigatory suspension without pay shall not exceed forty -five (45) calendar days. If no action has been taken by management by the end of the forty -five (45) calendar days, one of the following must occur: reinstatement of the employee with full back pay; appropriate disciplinary action based on the results of the investigation; or, reinstatement of the employee with up to three (3) days pay deducted from back pay. B. Investigatory suspension of an employee shall not be used for the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee. C. An employee who has been suspended for investigatory reasons may be reinstated with up to three (3) days pay deducted from his or her salary. The decision to deduct pay is to be based upon management's determination of the degree to which the employee was responsible for or contributed to the reasons for suspension. The period constitutes a disciplinary suspension without pay and must be effected in accordance with Section 4. (f) of this article. Section 9. Employee Appeal An employee wishing to appeal a reprimand, a demotion, a suspension, or a dismissal may present the matter using the grievance procedure prescribed in Article IX of this ordinance. 49 Harnett County Personnel Ordinance Section 10. Reinstatement A. An employee who resigns while in good standing or who is separated because of reduction in force may be reinstated within three (3) years of the date of separation, wit the approval of the department head, the County Manager, and in the case of competitive service employees, in accordance with Personnel Policies for Local Government Employees Subject to the State Personnel Act. B. An employee who enters extended active duty with the Armed Forces of the United State, the Public Health Service or with a Reserve component of the Armed Forces will be granted reinstatement rights commensurate with Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), codified at 38 U. S. C. &64301- 4333.1. C. 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 previously attained by the employee in the salary range for the previous class of work. 50 Harnett County Personnel Ordinance ARTICLE IX. GRIEVANCE PROCEDURE Section 1. Purpose The grievance procedure provides an adequate and fair means for hearing matters of concern to County employees. Section 2. Coverage This grievance procedure applies to all departments and all employees of the County. A grievance is defined as any matter of concern or dissatisfaction arising from the working conditions or an employee, subject to the control of the County. 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. Section 3. Policy Every employee shall have the right to present a grievance in accordance with these procedures, with or without a representative, free from interference, coercion, restraint, discrimination, penalty, or reprisal. Employees will be allowed such time off from their regular duties as may be necessary and reasonable by the department head or the County Manager to prepare and present a grievance. Section 4. Procedure 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. 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 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 themselves about how the conditions of work affect the employee. 51 Harnett County Personnel Ordinance • 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. A. Step One. An employee must file a grievance, either orally or in writing, with the immediate supervisor within thirty (30) days of the date of the incident giving rise to the grievance. If the employee alleges sexual harassment by the immediate supervisor, the employee may file the complaint with the Human Resources Director, as set forth in Article V. Section 6. If the grievance concerns an appeal of a dismissal, it shall be filed directly with the appointing authority at Step Three. The immediate supervisor shall meet with the employee within five (5) days of receipt of the grievance and attempt to resolve the grievance informally. If informal resolution efforts fail, the immediate supervisor shall issue a written decision on the grievance not later than five (5) days following the meeting. B. Step Two. If the employee is dissatisfied with the response at Step One, the employee may file the grievance in writing with the department head within five (5) days of receipt of the immediate supervisor's written decision. The grievance shall state concisely the basis for the complaint and, if based on alleged discrimination, indicate whether the alleged discrimination was based on race, color, religion, sex, national origin, political affiliation, non - disqualifying handicap, or age. The department head shall meet with the employee within five (5) days of receipt of the Step Two grievance, shall review the decision at Step One, and shall make an independent determination on the merits of the grievance. Within ten (10) days of the meeting with the employee, the department head shall issue a written decision. C. Step Three. If the employee is dissatisfied with the response at Step Two, the employee may forward the written grievance to the Human Resources Director, County Manager, or appointing authority (Sheriff, Register of Deeds, Health Director, etc.) within five (5) days of receipt of the Step Two decision. The employee may request a decision from the appointing official directly. If the employee requests a decision directly, the County Manager or other appointing official will render a decision within fifteen (15) days of receipt of the grievance. 52 Harnett County Personnel Ordinance Section 5. Final Decision of the Grievance A. The County Manager or the other appointing official shall inform the employee and department head, in writing, of the final decision. B. Employee subject to the jurisdiction of the North Carolina Personnel Commission shall have the right to appeal to the State Personnel Commission through the Office of Administrative Hearings not later than thirty (30) days after receipt of notice of the appointing authority's decision, provided the employee has obtained permanent status in accordance with the rules and regulations of the State Personnel Commission. 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 if a binding decision is required by applicable federal standards. However, in all other local employee appeals, the decision of the State Personnel Commission shall be advisory to the local appointing authority. Section 6. Maintenance of Records All documentation, records, and reports will be retained for a minimum of three (3) years and shall be held by the Human Resources Director. These records will be subject to review by the grievant, the employee's department head, the County Manager or other appointing authority, and the Board of Commissioners. Section 7. Other Remedies Preserved The existence of the grievance procedure does not preclude any individual from pursuing any other remedies available under law. 53 Harnett County Personnel Ordinance ARTICLE X. PERSONNEL 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 Human Resources Director. The County shall maintain in personnel records only information that is necessary and relevant to accomplishing personnel administration needs. It is very important for employees to ensure that the County has your correct home address and telephone number at all times. Employees must report any changes immediately to their supervisor and the Human Resources Department. This is important to the employee for several reasons, such as reaching the employee or family in the case of an emergency. If the employee has a change in their personal status, such as marital status change, birth of a child or death of a family member, they should contact the Human Resources Department immediately. This is especially important for insurance coverage, since many times there are restrictions on coverage if the employee waits to notify beyond 30 days from the status change. Section 2. Information Open to the Public The following information on each County employee is public information A. Employee Name B. Employee 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 (increase or decrease) in salary (but not the date and amount of any previous salary change). G. Date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification (again, however, not the date of any previous change in position or disciplinary action). H. Office to which the employee is currently assigned. Section 3. Access to Personnel Records As required by G.S. 153A -98, any person may have access to the information listed in Section 2 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. Any person denied access to any record shall have the right to 54 Harnett County Personnel Ordinance compel compliance with these provisions by application to a court for writ of mandamus or other appropriate relief. Section 4. Confidential Information All information contained in a County employee's personnel file, other than the information listed in Section 2 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 agent 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 designated 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. 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 Human Resources Director 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 identification. 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 5. Records of Former Employees The provisions for access to records apply to former employees as they apply to present employees. 55 Harnett County Personnel Ordinance Section 6. Remedies of Employees Objecting to Material in File An employee who objects to 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 procedure. Section 7. Penalty for Permitting Access to Confidential File by Unauthorized Person G.S. 153A -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 ($500.00). Section B. Destruction of Records No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with G.S. 121 -5(b), 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 ($10.00) nor more than five hundred dollars ($500.00) as provided in G.S. 132 -3. 92 Harnett County Personnel Ordinance 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 rules, regulations, or order thereunder of the application of such provision to any person or circumstances is held invalid, the remainder 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 ordinance became effective upon adoption. Duly adopted this 3td day of January, 2005. HA NETT COUNTY BOARD OF COMMISSIONERS Tody J. BSI d, Chairmari ATTEST: M' r, '' �. ly�ON�.41td 'Ray V131anchard Clerk to the Board This Ordinance has been prepared as an overview of the personnel ordinance, and contains general statements on the United States and North Carolina General Statutes, Supreme Court Decisions and other Acts that apply to Personnel Management within Harnett County. Since this ordinance cannot provide all the specific details on any given subject, you should contact your supervisor, manager or the Human Resources Department about any sections for which you may need clarification. Changes may be made from time to time by the Federal, State and Local Governments, Supreme Court Decisions and will be provided as they occur. However, where differences occur, official policies, procedures, or benefits plans are the governing documents. 57