HomeMy WebLinkAbout2025-34 HARNETT COUNTY PERSONNEL ORDINANCE - UPDATEORDINANCE NO. 2025-34
Harnett
C 0 U N T Y
NORTH LAROLINA
HARNETT COUNTY
PERSONNEL
ORDINANCE
Effective: January 1, 2016
Amended: June 6, 2022
Amended: June 17, 2024 - Effective August 1, 2024
Amended: September 15, 2025 — Effective September 15, 2025
Contents
ARTICLE I.
ORGANIZATION OF THE PERSONNEL SYSTEM......................................7
Section1.
Purpose..................................................................................................................
7
Section2.
Coverage................................................................................................................7
Section 3.
Definitions (Listed Alphabetically)...........................................................................8
Section4.
Merit Principle.......................................................................................................13
Section 5.
Responsibilities of the Board of Commissioners...................................................14
Section 6.
Responsibilities of the County Manager................................................................14
Section 7.
Responsibilities of the Human Resources Director...............................................15
ARTICLE II.
SALARY GRADING SYSTEM...................................................................15
Section1.
Adoption...............................................................................................................15
Section 2.
Allocation of Positions...........................................................................................15
Section 3.
Administration of the Salary Grading System ............................................
Section 4.
Amendment of the Salary Grading System...........................................................16
ARTICLE III.
THE PAY PLAN........................................................................................16
Section1.
Adoption...............................................................................................................16
Section 2.
Purpose of the Pay Plan.......................................................................................16
Section 3.
Maintenance of the Pay Plan................................................................................16
Section 4.
Use of Salary Ranges...........................................................................................16
Section 5.
Payment at a Listed Rate.....................................................................................16
Section 6.
The Performance Pay Plan...................................................................................17
Section 7.
Work Against Status.............................................................................................18
Section 8.
Promotions, Demotions, Transfers, Reclassifications, & Revisions ......................18
Section 9.
Cost of Living Adjustments...................................................................................20
Section 10.
Certifications and Degrees..................................................................................20
Section 11.
Overtime / Compensatory Time..........................................................................22
Section12.
Time Sheets... ....................................................................................................
23
Section 13.
Other Forms of Time...........................................................................................23
Section14.
Call Back Pay.....................................................................................................24
Section 15.
Payroll Deductions..............................................................................................24
Section16.
Longevity Pay.....................................................................................................
24
Section 17.
Overpayment, Underpayment, or Lack of Compensation...................................24
Section 18.
Emergency Operations Compensation...............................................................26
ARTICLE IV. RECRUITMENT AND EMPLOYMENT....................................................27
Section 1.
Statement of Equal Employment Opportunity ("EEO") and Anti -Discrimination .....27
Section 2.
Implementation of EEO Policy..............................................................................28
Section 3.
Recruitment & Advertisement...............................................................................28
Section 4.
Submitting Applications for Employment...............................................................29
Section 5.
Qualification Standards.........................................................................................29
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5ection6.
Selection...............................................................................................................29
Section7.
Appointments........................................................................................................30
Section 8.
Probationary Period of Employment.....................................................................30
Section9.
Promotion.............................................................................................................
31
Section 10.
Involuntary Demotion..........................................................................................31
Section 11.
Voluntary Demotion............................................................................................32
Section12.
Transfer..............................................................................................................32
Section 13.
Employment of Convicted Felons.......................................................................32
Section 14.
Driving Record Verification.................................................................................32
Section 15.
Veterans Preference...........................................................................................33
ARTICLE V.
CONDITIONS OF EMPLOYMENT...........................................................33
Section1.
Attendance...........................................................................................................33
Section2.
Work Week...........................................................................................................33
Section 3.
Restrictions on Political Activity.............................................................................34
Section 4.
Outside Employment Policy..................................................................................34
Section 5.
Anti -Nepotism Policy.............................................................................................35
Section 6.
Unlawful Harassment Policy.................................................................................36
Section 7.
Drug -Free Work Place Policy (General Class of Employees)................................38
Section 8.
Drug and Alcohol Testing Policy (Employees with a CDL, HARTS and Safety
SensitivePositions)...............................................................................................................38
Section 9.
Workplace Violence Prevention Policy..................................................................57
Section 10.
Emergency Operations.......................................................................................60
Section 11.
Performance Evaluations....................................................................................61
Section 12.
Tobacco Use Policy...........................................................................................61
Section13.
Uniform Policy....................................................................................................61
Section 14.
Reasonable Accommodation Policy...................................................................62
Section 15.
Lactation Break Policy.......................................................................................63
ARTICLE VI.
LEAVES OF ABSENCE..........................................................................63
Section1.
Introduction...........................................................................................................64
Section2.
Holidays................................................................................................................64
Section 3.
Vacation Leave.....................................................................................................66
Section4.
Sick Leave............................................................................................................68
Section5.
Petty Leave..........................................................................................................69
Section 6.
Bereavement Leave..............................................................................................69
Section 7.
Leave Without Pay................................................................................................70
Section 8.
Shared Leave Policy.............................................................................................70
Section 9.
Workers' Compensation Leave.............................................................................73
Section 10.
Military Leave .................. ...................................................................................75
Section11.
Civil Leave..........................................................................................................76
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Section 12. Educational Leave.............................................................................................. 76
Section 13. Family Medical Leave......................................................................................... 76
Section 14. Adverse Weather Policy (Inclement Weather Leave)..........................................82
Section 15. Volunteer Leave.................................................................................................85
Section 16. Parent Involvement Leave..................................................................................86
ARTICLE VII. EMPLOYEE BENEFITS.........................................................................86
Section 1.
Insurance Benefits................................................................................................86
Section 2.
Unemployment Compensation..............................................................................89
Section3.
Social Security......................................................................................................89
Section 4.
Local Governmental Employees' Retirement System("LGERS")..........................90
Section 5.
Death Benefits under LGERS..............................................................................
91
Section 6.
Life Insurance & Accidental Death and Dismemberment("AD&D").......................91
Section 7.
Law Enforcement Officers' Separation Allowance.................................................91
Section 8.
NC 401(k) Plan and NC 457 Plan.........................................................................91
ARTICLE Vill.
SEPARATIONS, DEPARTURES, & REINSTATEMENTS .....................92
Section 1.
Types of Separations & Departures......................................................................92
Section 2.
Reinstatements....................................................................................................94
ARTICLE IX. DISCIPLINARY ACTION POLICY...........................................................94
Section1.
Policy Coverage...................................................................................................94
Section2.
Disciplinary Actions...............................................................................................95
Section 3.
Responsibilities of the County Manager................................................................95
Section 4.
Responsibilities of Department Heads, Supervisors, Assistant County Manager,
and Deputy
County Manager.................................................................................................95
Section 5.
Review of Disciplinary Documents........................................................................96
Section 6.
Reasons for Discipline..........................................................................................
96
Section 7.
Adverse Action Conferences................................................................................98
ARTICLE X.
GRIEVANCE & APPEAL POLICY............................................................98
Section1.
Purpose...............................................................................................................
98
Section 2.
Covered Employees.............................................................................................98
Section3.
Grievance Defined................................................................................................99
Section 4.
Grievance Procedures..........................................................................................99
Section 5.
Grievance Records.............................................................................................100
Section 6.
Other Remedies.................................................................................................101
ARTICLE XI. WHISTLEBLOWER POLICY..................................................................101
Section1. Purpose..............................................................................................................101
Section2. Scope of Policy...................................................................................................101
Section 3. Reportable Actions.............................................................................................101
Section 4. Whistleblower Defined........................................................................................102
Section5. Retaliation..........................................................................................................102
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Section 6.
Responsibilities & Reporting Procedures............................................................102
Section 7.
Investigative Procedures....................................................................................103
Section8.
Violation..............................................................................................................103
Section9.
Media Issues......................................................................................................103
Section10.
Sanctions..........................................................................................................104
ARTICLE XII.
PERSONNEL RECORDS.....................................................................104
Section 1.
Personnel Record Retention & Storage..............................................................104
Section 2.
Updating Personnel Records..............................................................................104
Section 3.
Public Access to Personnel Records..................................................................104
Section 4.
Remedies of Employees Objecting to Material in File.........................................106
Section 5.
Destruction or Removal of Records....................................................................106
ARTICLE XIII.
IMPLEMENTATION OF POLICY..........................................................106
Section 1.
Conflicting Policies Repealed.............................................................................106
Section2.
Severability........................................................................................................106
Section 3.
Policy Violations.................................................................................................106
Section 4.
Effective Date.....................................................................................................107
APPENDICES..............................................................................................................107
APPENDIX A: ARTICLE V FORMS.............................................................................108
Outside Employment Request Form....................................................................................108
Workplace Violence Incident Report .....................................................................................109
Unlawful Workplace Harassment Form...............................................................................111
Anti -Nepotism Exception Form............................................................................................113
APPENDIX B: ARTICLE VI FORMS............................................................................115
LeaveWithout Pay Form.....................................................................................................115
Application to Receive Shared Leave..................................................................................116
Voluntary Shared Leave Donation Form..............................................................................117
Injury Investigation Report .....................................................................................................118
Educational Leave Request Form.......................................................................................124
FMLA Leave Request Form................................................................................................126
APPENDIX C: ARTICLE VII FORMS...........................................................................128
DirectDeposit Form............................................................................................................128
APPENDIX D: ARTICLE IX FORMS............................................................................129
Disciplinary Action Report...................................................................................................129
APPENDIX E: Personnel Ordinance Acknowledgement..............................................131
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The Harnett County Motto
Strong Roots. New Growth.
The Harnett County Vision
Harnett County is a unified, safe, healthy, and engaged community that is culturally
vibrant, well -planned with a thriving economy and a high -quality educational system, in
harmony with its environment and beautiful natural resources, and with strong
leadership ensuring equitable services so that all citizens will prosper.
Harnett County Mission
Harnett County will effectively and efficiently deliver high quality County services and
public infrastructure with smart growth strategies and through a responsive Board and
workforce who are committed to excellence and ensuring the public trust with
dedication, leadership and governance.
Harnett County Values
Our Core Values inform how we will make decisions and fulfill our mission to serve the
public. They define our standards of behavior. Harnett County employees are public
servants whose purpose is to create a better Harnett County.
• Customer Service — Seeking to provide citizens and coworkers with the highest
level of service possible, taking the time to listen and respond to their needs, and
engaging in problem -solving.
• Respect — Valuing other people's beliefs and treating them with kindness and
courtesy.
• Ethical and Fair Treatment — Doing what's right even when nobody's watching,
having concern for others, and serving with integrity, honesty and consistency.
• Accountability — Recognizing your actions and behaviors reflect on the
organization, taking responsibility when things don't go as planned, doing what
you say your will do, and being good stewards of the public trust.
• Teamwork — Working together to get the job done, communicating clearly and
proactively, engaging community partners and stakeholders, and recognizing the
benefits of diverse views and opinions in decision -making.
• Excellence — Committing to making processes more efficient and effective,
asking how can we make things better, and seeking continued professional
development.
Harnett County Strategic Goals
Harnett County's Strategic Plan is designed to provide a clear vision for the future along
with direction for turning that vision into a reality. The Plan includes five Strategic
Goals:
• Superior Education
• Organizational Excellence
• Healthy and Safe Community
• Economic Strength
• Informed and Engaged Citizens.
These goals reflect the County's priorities for the next three years.
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 North Carolina General
Statute ("NCGS") §153A-5 and §126.
Section 2. Coverage
This policy will cover all Harnett County employees excepting the following:
A. The Harnett County Board of Commissioners ("BOC"), who are, however, subject
to the following:
1. Article III, Section 16
2. Article VII, Sections 1 and 9
3. Article XII
4. Article XI
5. Article XIII
B. The County Manager, who is, however, subject to the following:
1. Article 1
2. Article V
3. Article VI
4. Article VII
5. Article XI
6. Article XII
7. Article XIII
C. The Sheriff and Register of Deeds, who are, however, subject to the following:
1. Article 1
2. Article II
3. Article III
4. Article VI
5. Article VII
6. Article XII
7. Article XIII
D. Employees of the North Carolina Agriculture Extension Service, who are,
however, subject to the following:
1. Article V
2. Article VI, Sections 2, 8, 9, 12, and 13
3. Article XII
4. Article XIII
E. Employees of the Board of Elections, who are, however, subject to the following:
1. Article 1
2. Article II
3. Article III
4. Article IV, Sections 1-5
5. Article V
6. Article VI
7. Article VII
8. Article XII
9. Article XIII
This policy will cover all Harnett County employees, however:
A. Employees of the Register of Deeds and Sheriff's Office are exempt from Article
IX and Article X.
B. The Director of Local Public Health is exempt from Article IX and X.
C. The Director of Social Services is exempt from Article IX and X.
D. Employees of the Social Services Department are exempt from Article X.
E. Employees governed by the North Carolina State Personnel Act are exempt from
Article II.
F. Board of Elections employees are exempt from Article IX and Article X.
G. The Tax Administrator position is exempt from Articles VIII, IX and X. All other
articles are applicable to this position.
Section 3. Definitions (Listed Alphabetical
The following definitions shall be applied to the entirety of this policy wherever such
words are used. The definitions found below shall be binding on all Harnett County
employees without exception.
Adverse Action: Any disciplinary action taken by Harnett County which directly results in
an employee's suspension (not including investigatory suspension), involuntary
demotion, dismissal, involuntary resignation, or termination.
Adverse Weather: Any weather condition that adversely impacts an employee's
commute to and from work or adversely impacts the County's ability to continue normal
operations.
Anniversary Date: An employee's original date of employment with the County.
Appointing Authority: Any individual or board who has the responsibility to assign or
place a person into a position.
Covered Active Duty: For members of the Regular Armed Forces this term means, duty
during deployment of the member with the Armed Forces. For members of the Armed
Forces Reserve this terms means, duty during deployment of the member with the
Armed Forces to a foreign country under a call or order to active duty in support of a
contingency operation.
Class: Positions or groups of positions having similar duties and responsibilities
requiring similar qualifications, which can be properly designated by one title indicative
of the nature of work performed, and which carry the same salary range.
Cost of Living Increase: An annual adjustment to all pay ranges that may be made by
the BOC. Such an adjustment would become effective the first pay period that begins
immediately following the start of the fiscal year or as otherwise directed by the adopted
budget ordinance for that fiscal year.
Daughter: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is either under age 18, or age 18 or older and
incapable of self -care because of a mental or physical disability. The onset of a
disability may occur at any age for purposes of this policy.
Death: The permanent ending of vital processes of any County employee.
Disability: Any physical or mental condition that limits movement, senses, or activities to
such a degree that the employee is unable to complete his essential job duties and is
considered temporarily or permanently disabled.
Disciplinary Action: Any corrective measure taken by the County to improve or address
an employee's job performance, personal conduct, or other behavior that is
unsatisfactory or contrary to the mission and policies of Harnett County.
Dismissal: The act of Harnett County permanently removing an employee from service
because the employee's current job performance, personal conduct, or other behavior is
unsatisfactory or contrary to the mission and policies of Harnett County. This word shall
be considered as a synonym for an involuntarily resignation or a termination.
Employee:
A. Full -Time Employee:
1. Permanent: A person appointed to a particular position, designated as
full-time by the BOC, to perform duties and responsibilities required on a
continuous and probably annually recurring basis. Such an employee's
average work week will total 40 hours. Such an employee will have
completed a probationary period to the satisfaction of the Supervisor or
Department head and is entitled to all appeal rights and benefits afforded
to them under this policy proportionate with the number of hours worked.
2. Limited Service: Any employee whose service is intended to be of limited
duration but who work a normal workweek, not to exceed 12 months or in
the case of a grant, the grant period. This definition excludes individuals
supplied under contract by an outside agency. Such an employee is
ineligible for any County benefits except holiday leave and retains no
appeal rights under this policy, but may have those employee benefits
mandated by federal or state law.
B. Part -Time Employee:
1. Permanent: Any employee who is appointed to a particular position for
which the average work schedule is less than 29 hours per week or not
more than 129 hours per month. Such an employee is ineligible for any
County benefits (including no health benefits nor holiday pay) and retains
no appeal rights under this policy, but may have those employee benefits
mandated by federal or state law.
2. Limited Service: Any employee who is appointed to a particular position
and whose service is intended to be of limited duration and who work less
than the normal workweek. Paid interns who are employed for a limited
duration fall under this category. Such an employee is ineligible for any
County benefits (including no health benefits nor holiday pay) and retains
no appeal rights under this policy, but may have those employee benefits
mandated by federal or state law.
C. Probationary Employee: A person appointed to a particular position, designated
as full-time by the BOC, to perform duties and responsibilities required on a
continuous and probably annually recurring basis who has not completed the
probationary period. Such employees do not have appeal rights.
Essential Personnel: Employees who are required to work during adverse weather
because they have been designated by a Department Head or County Manager.
7
Essential Operations: Services that have been determined to be essential by the
County Manager and therefore, shall be continued during adverse weather.
Grievance: A specific, formal notice of a full-time permanent County employee's
dissatisfaction based upon an event or condition which affects the circumstances under
which an employee works expressed through the appropriate grievance procedures.
The particular dissatisfaction complained of should be reasonable to the average
person and may not be frivolous, but may include: (1) any acts of discrimination against
an employee because of age, sex, race, religion, color, national origin, visible or
nonvisible handicaps, or pregnancy; (2) any adverse action executed under the
Disciplinary Action Policy addressed in Article IX; (3) have been separated from
employment due to a reduction in force or disability addressed in Article VIII; or (4) any
unfair application, misinterpretation, or lack of established County policy.
Hiring Rate: The initial salary or hourly rate paid an employee when hired into the
county's service. This is normally the first step in the employee's salary range. At times,
this may be adjusted based on education and experience.
Immediate Family: This term includes the following familial relationships: wife, husband,
mother, father, brother, sister, daughter, son, grandmother, grandfather, grandson,
granddaughter, aunts, and uncles. Included within this term are the step-, half-, in-law,
and in loco parentis relationships. Those individuals living within the same household
may also fall within the confines of this term.
In Loco Parentis: Federal law defines in loco parentis as including those with day-to-day
responsibilities to care for or financially support a child. Employees who have no
biological or legal relationships with a child may, nonetheless, stand in loco parentis to
the child and are entitled to some federal leave benefits, however, those employees
seeking to claim such federal leave benefits may be asked to prove their status.
Incomplete: A form, certification, or other important document to be delivered to the
County will be considered incomplete if one or more of the applicable entries on the
form, certification, or document have not been completed.
Insufficient: A form, certification, or other important document to be delivered to the
County will be considered insufficient if the information provided is vague, unclear, or
non -responsive. Failure to sign a form, certification, or document will also result in it
being considered insufficient.
Investigatory Suspension: The act of Harnett County temporarily removing an employee
from his or her service to the County with pay in order to provide the County with more
time to thoroughly investigate a situation or to provide more time for a Department Head
or the County Manager to reach a decision concerning an employee's status.
Involuntary Demotion: The act of Harnett County reassigning an employee to a position
or classification having a lower salary range than the employee's current position or
classification because the employee's current job performance, personal conduct, or
other behavior is unsatisfactory or contrary to the mission and policies of Harnett
County.
Involuntary Resignation: The act of Harnett County forcing an employee to involuntarily
resign from his or her position due to the employee's current job performance, personal
10
conduct, or other behavior that is unsatisfactory or contrary to the mission and policies
of Harnett County. This word shall be considered as a synonym for a dismissal or
termination.
Irregular Work Schedule Employee: Any employee who, on a regular, rotating, or
intermittent basis, works an evening or night who maintains a work schedule beyond the
day shift or any employee who works a day shift whose work schedule is subject to
change on a regular, rotating, or intermittent basis.
Job Rate: The median salary or hourly rate an employee may receive when hired,
promoted, or receiving a raise.
Key Position: A position whose decision -making authority and related responsibilities
significantly influence organizational policies, strategic goals, business operations, or
mission -critical projects. A key position can be a department head or a supervisor or a
position that requires specialized knowledge, expertise, or skills.
Maximum Salary Rate: The maximum salary authorized for an employee within an
assigned salary grade by the Harnett County Pay Plan.
Maximum Hourly Rate: The maximum hourly rate authorized for an employee within an
assigned hourly grade by the Harnett County Pay Plan.
Mental/Physical Disability: A mental or physical impairment that substantially limits one
or more of the major life activities of an individual. Major life activities include, but are
not limited to, activities such as caring for oneself, performing manual tasks, seeing,
eating, standing, reaching, breathing, communicating, and interacting with others, as
well as major bodily functions, such as brain function, immune system, or normal cell
growth. Conditions that are episodic or remission are considered disabilities if the
condition would substantially limit a major life activity when active.
Next of Kin: The nearest blood relative in the following order of priority: (1) a blood
relative who has been designated in writing by the person in question as their next of
kin, (2) blood relative who has been granted legal custody of the person in question, (3)
brothers and sisters, (4) grandparents, (5) aunts and uncles, (6) first cousins. If a person
has been designated in writing as the person's next of kin, they are to be considered
that person's only next of kin. However, if there are multiple family members with the
same level of relationship to the person, all such family members are considered to be
the person's next of kin.
Non -Essential Personnel: Employees who may be approved for administrative leave
during adverse weather because their positions have been designated as such by their
Department Head or the County Manager.
Non -Essential Operations: Services that have been determined non -essential by the
County Manager and therefore may be suspended during adverse weather.
Outside Employment: Outside employment is considered any and all employment or
self-employment for salaries, wages, tips, or commissions other than the position
currently held by the employee with Harnett County.
11
Parent: A biological, adoptive, step, or foster father or mother, or any other individual
who stood in loco parentis to the employee when the employee was a child. This term
does not include parents in-law.
Pay Plan: A schedule of pay ranges arranged by minimum, job rate, and maximum
salary rates for each class assigned to the salary range.
Performance Review: An annual review in which an employee's overall job performance
is evaluated. This is designed to enhance communications between employees and
supervisors and to facilitate employee growth.
Position: The employees appointed classification which describes the duties and
responsibilities to be fulfilled by that employee.
Probationary Period: A continuous period of 6 months (12 months for law enforcement)
where an employee is evaluated on job performance. Any employee serving a
probationary period may be dismissed at any time without a right to appeal.
Promotion: The reassignment of an employee to an existing position or classification
that has a higher salary range than the position or classification from which the
reassignment is made.
Reclassification: The reassignment of an existing position from one class to another
based on changes in the nature of the position, level of duties and responsibilities,
business needs, working conditions, shifts in organizational structure, or other
operational factors.
Reduction in Force: A separation from employment with the County due to lack of funds,
lack of work, or redesign or elimination of position(s), with no likelihood or expectation
that the employee will be recalled to County service.
Regular Work Schedule Employee: Any employee who typically works a set schedule
which consists of an average of 40 hours a week or 2080 hours per year.
Reinstatement: The act of the County re-establishing a separated employee who
voluntarily resigned or was separated due to a reduction in force to his or her position.
Retirement: The act of an employee voluntarily resigning from his or her position with
the County and drawing his or her retirement benefits from the County, LGERS, the
supplemental retirement income plan, or Social Security.
Salary Grading System: A grading system used by the County to organize all positions
into manageable grades. All positions in any single grade are sufficiently comparable to
warrant one range of pay rates.
Salary Plan Revision: The uniform raising or lowering of the salary ranges of every
grade within the salary range.
Salary Range: The minimum, job rate, and maximum salary levels for a given salary
grade for hiring purposes.
Salary Range Revision: The raising and lowering of the salary range for one or more
specific classes of positions within the Harnett County Pay Plan.
12
School: Any public school, private church school, church or religious charter school, or
nonpublic school that regularly provides a course of grade school instruction. School
may also include any preschool or child care facility.
Serious Health Condition: Any medical condition which requires inpatient care at a
hospital, hospice, or residential medical care facility, or any medical condition which
requires continuing care by a licensed health care provider. This policy shall cover any
illness of a serious and long-term nature resulting in recurring or lengthy absences.
Any chronic or long term health condition resulting in a period of incapacity longer
than three (3) days is to be considered a serious health condition.
Son: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is either under age 18, or age 18 or older and
incapable of self -care because a mental or physical disability. The onset of a disability
may occur at any age for purposes of this policy.
Special Salary Adiustment: An increase in salary within the range based on department
head recommendation.
Spouse: A husband or wife as defined and recognized under North Carolina law for the
purposes of marriage in this state, including common law marriage.
Suspension: The act of Harnett County temporarily removing an employee from his or
her service to the County with or without pay because of the employee's current job
performance, personal conduct, or other behavior that is unsatisfactory or contrary to
the mission and policies of Harnett County.
Termination: The act of Harnett County terminating an employee due to the employee's
current job performance, personal conduct, or other behavior that is unsatisfactory or
contrary to the mission and policies of Harnett County. This word shall be considered as
a synonym for an involuntarily resignation or a dismissal.
Transfer: The reassignment of an employee from one position or department to another
position or department.
Voluntary Demotion: The act of an employee voluntarily, without any undue force,
pressure, or outside influence, stepping down to accept a County position with less
complex job duties and responsibilities.
Voluntary Resignation: The act of an employee voluntarily, without any undue force,
pressure, or outside influence, permanently stepping down from his or her current
position with the County. This word shall be considered as a synonym for the act of an
employee quitting his or her position.
Section 4. Merit Principle
All appointments, promotions, and other personnel transactions shall be made solely on
the basis of merit and the ability/fitness of the employee. The knowledge, skill, and
education of the employee may be taken into consideration for such determinations.
13
Section S. Responsibilities of the Board of Commissioners
The BOC are responsible for establishing all personnel policies, rules, and regulations
pertaining to employee conduct, including the Salary Grading System and Pay Plan for
employee positions.
The BOC are responsible for making and confirming any appointments specified by law,
including the following:
A. The Clerk to the BOC in accordance with NCGS §153 A-111
B. The Harnett County Attorney in accordance with NCGS §153A-114.
C. The Harnett County Deputy Tax Collector in accordance with NCGS §105-349 (f)
D. The Harnett County Tax Administrator, as the Tax Collector and Tax Assessor, in
accordance with NCGS 105-349 and NCGS 105-294.
E. The Harnett County Finance Officer in accordance with NCGS §159-24.
The BOC are responsible for making and confirming any appointments specified by law,
however, this power is limited in the following instances:
A. The Harnett County Sheriff is not to be appointed, but must be popularly elected
in accordance with Article VI I, of the Constitution of North Carolina provides that
the Sheriff shall be popularly elected.
B. The Register of Deeds is not to be appointed, but must be popularly elected
every four years in accordance with NCGS §161-2.
C. The Harnett County Board of Health, after consultation with the NC State Health
Director and the BOC, is to appoint the Harnett County Health Director in
accordance with NCGS §130A-40.
D. The Harnett County Health Director has the power to appoint all employees of
the Harnett County Health Department in accordance with the North Carolina
Human Resources Act (NCGS §126) and NCGS §130A-41.
E. The Board of Social Services is to appoint the Social Services Director, who has
power to appoint all social service employees in accordance with NCGS §108A-
12,14.
F. Agricultural Extension Director must be jointly appointed by the BOC and the NC
State Extension Service.
G. The Harnett County Board of Elections has the power to appoint the Director of
Elections and to recommend to the Executive Director of the State Board of
Elections the termination of the Director of Elections in accordance with NCGS
§163-35.
H. The Harnett County Board of Elections has the power to appoint or remove all
Board of Elections employees, registrars, judges, assistances, and other officers
of elections in accordance with NCGS §163-33.
Section 6. Responsibilities of the County Manager
The County Manager is responsible for the administration and execution of all personnel
policies, rules, and regulations pertaining to employee conduct.
The County Manager shall appoint, suspend, or remove any and all County officers and
employees, in accordance with NCGS §153A-82,103 and Articles IV, V, VIII, and IX of
this policy, except those popularly elected or whose appointments are otherwise
provided for by law.
The County Manager shall:
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A. Recommend any pertinent and appropriate additions and/or revisions of this
personnel ordinance including, but not limited to, changes to the Salary Grading
System and the Harnett County Pay Plan to the BOC for consideration.
B. Determine which employees shall be subject to the overtime provisions as
provided for in Article III, Section 11.
C. Establish and maintain a roster of all persons in the County's service, setting
forth each officer and employee, class title/position, salary, and changes in class
title and status, and such data as may be deemed desirable or useful.
D. 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.
E. Develop and coordinate training and educational programs for employees.
F. Periodically investigate the operation and effect of this policy on County
employees and annually report such findings to the BOC.
G. Perform such other duties as may be assigned by the BOC.
Section 7. Responsibilities of the Human Resources Director
The Human Resources Director shall assist the County Manager in the preparation and
maintenance of the Salary Grading System and the Pay Plan along with such duties as
the County Manager shall require.
ARTICLE II. SALARY GRADING SYSTEM
Section 1. Adoption
The Salary Grading System, as set forth in this policy, is hereby adopted for Harnett
County and is provided for employee reference at www.harnett.org.
Section 2. Allocation of Positi
The County Manager shall allocate each position covered by the Salary Grading
System to its appropriate grade in the plan.
Section 3. Administration of the Salary Grading System
The County Manager is responsible for the administration, execution, and maintenance
of the Salary Grading Plan so that it will accurately reflect the duties and responsibilities
of employees in the grade to which their positions are allocated.
Supervisors and/or Department Heads are responsible for bringing to the attention of
the County Manager (1) the need for new positions and (2) material changes in the
nature of a position, duties, responsibilities, business needs, working conditions, shifts
in organizational structure, or other operational factors affecting the grading of any
existing positions.
New positions are only to be established with the approval of the BOC after which the
County Manager shall either (1) allocate the new position to the appropriate grade
within the existing Salary Grading System, or (2) recommend that the BOC amend the
Salary Grading System to establish a new grade for the new position.
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When the County Manager finds that a material change has occurred in the nature of
the position, level of the job duties and responsibilities, business needs, working
conditions, shifts in organizational structure, or other operational factors, the County
Manager shall (1) direct that the existing grade specification be revised, (2) reclassify
the position to a higher or lower grade within the existing Salary Grading System that is
appropriate for the position, or (3) recommend that the BOC amend the Salary Grading
System to establish a new grade for the position.
Section 4. Amendment of the Salary Gradinp- Svstem
New grades may be added to and/or deleted from the Salary Grading System by the
BOC based on the recommendation of the County Manager.
ARTICLE Ill. THE PAY PLAN
Section 1. Adoption
The schedule of salary ranges and grades assigned to those salary ranges, as set forth
in this policy, is hereby adopted as the Harnett County Pay Plan.
Section 2. Purpose of the Pay Plan
The Harnett County Pay Plan is intended to provide equitable compensation for all
positions by reflecting apparent differences in duties and responsibilities, the rates of
pay for comparable positions in the private and public sector, changes in the cost of
living, the financial conditions of the County, and any other appropriate factors.
Section 3. Maintenance of the Pav Plan
The County Manager is responsible for the administration, execution, and maintenance
of the Pay Plan.
The County Manager shall, from time to time, make comparative studies of all factors
affecting the level of salary ranges and shall recommend to the BOC such changes in
salary ranges as appear to be warranted.
Section 4. Use of Salary Ranp-es
The minimum rate established for the grade is the normal hiring rate, except in those
cases where unusual circumstances warrant appointment at a higher rate.
Appointment above the minimum step may be made on the recommendation of the
Supervisor or Department Head with the approval of the County Manager when deemed
necessary. Such appointments will be based on factors, including, but not limited to, a
shortage of qualified applicants and/or the applicants above average qualifications,
education, and training.
Section 5. Pavment at a Listed Rate
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All employees covered by this Pay Plan shall be paid at a listed rate within the salary
ranges established for the grade in which their respective position falls. Employees
whose present salary or hourly wage is above the established maximum rate following
transition to the new Pay Plan are exempt. No employee may receive a salary increase
above the maximum for their assigned salary grade.
Section 6. The Performance Pav Plan
Harnett County seeks to provide the best service possible to the county's residents. A
highly skilled and competent workforce is an essential aspect of providing high quality,
efficient customer -driven service in an organization. Equitable compensation is
necessary to attract and retain such a workforce.
The Performance Pay Plan described in this section is intended to provide Harnett
County employees with a path for advancement through their assigned salary grade
over the course of their career with the County based on their performance reviews. The
Performance Pay Plan is intended to serve as a tool that will allow the County to hire
and retain well -qualified employees and provide equitable compensation to employees
throughout their careers provided they receive satisfactory performance reviews.
Full-time and eligible part-time employees will be eligible to earn a percentage salary
increase each year based on their annual performance review. An employee who
receives an overall score on their annual performance review of "Meets Expectations" or
above will receive the designated increase for that year while an employee who
receives a score lower than "Meets Expectations" will not receive the increase for that
year.
Any earned increase related to the Performance Pay Plan will be effective at the start of
the pay period immediately following the employee's anniversary date with the County.
If an employee's anniversary date falls on the first day of a new pay period, they will
receive an earned increase beginning with that pay period. In the event of a work status
change (promotion, demotion, lateral transfer, etc.) that happens at the same time as a
Performance Pay Plan increase, the work status change will be effective the day after
the Performance Pay Plan increase. If an employee who has been terminated from the
County for any reason is rehired by the County, their most recent date of hire will be
used to establish their anniversary date related to this Performance Pay Plan.
Additionally, if an employee changes from full-time to part-time, or part-time to full-time
status, the employee's original hire date will be used to establish the date of the
performance evaluation and the Performance Pay Plan increase.
The County Manager will set the amount or range of the annual increase each year as
part of the budget process. The adopted increase amount or range will be effective from
July 1 to June 30 of the following year, coinciding with the County's fiscal year. The
percent of the annual increase may vary from year to year based on projected revenue
and expenditures.
The County Manager shall establish appropriate systems and guidelines for
implementation, maintenance, and responsible administration of the above Performance
Pay Plan. Any situation that arises related to the above Performance Pay Plan and is
not covered by this ordinance will be left to the discretion of the County Manager.
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Performance Pay Plan Eligibility: Any full-time or part-time employee is eligible for the
Performance Pay Plan effective July 1, 2020, based on their annual performance
reviews. To be eligible for the Performance Pay Plan, part-time employees must
maintain uninterrupted employment with the County for 12 months preceding the
employee's anniversary date. Election workers, interns, and any other part-time
employee who must be rehired each year are not eligible for the Performance Pay Plan.
Additional Eligibility Guidelines:
• Employees in Work Against status will not be eligible for the above Performance
Pay Plan until they complete work against status or meet all of the qualifications
for the position. Sworn Law Enforcement Officers will not be eligible for the above
Performance Pay Plan until they complete the Tier system.
• To receive an earned increase, an employee must work at least 6 months during
an annual evaluation period in order to be effectively evaluated by their
supervisor. This will not apply to a leave of absence that is protected by federal
or state law.
• An employee who is promoted during an evaluation period must have been in the
new position for at least 6 months on their anniversary date to receive an earned
performance increase based on their salary following the promotion. Promoted
employees who have been in the new position for less than 6 months on their
anniversary date are eligible for an earned increase based on their salary prior to
the promotion.
• An employee who is demoted during an evaluation period, whether voluntarily or
involuntarily, who qualifies for a performance increase upon their next
anniversary date based on their performance evaluation, will receive an increase
based on their salary following the demotion.
Section 7. Work Against Status
A newly hired or promoted employee who does not meet all the established
requirements of their new position, may be compensated for their services at a pay rate
below the minimum pay rate established for that position in the Pay Plan.
An employee will be considered to be in a work against status and continue at this pay
rate until the Supervisor or Department Head certifies, and the County Manager
approves, that the employee is qualified to assume the full duties and responsibilities of
their new position.
The Supervisor or Department Head shall review the progress of each employee in
work against status every six (6) months or more frequently as necessary to determine
when the employee is qualified to assume the full responsibilities of the new position.
Section 8. Promotions. Demotions, Transfers. Reclassifications. & Revisions
At the beginning of the fiscal year, any promotions, salary adjustments,
reclassifications, or revisions will be applied before any cost of living adjustments.
When an employee is promoted, demoted, transferred, or reclassified, the rate of pay
for the new position shall be established in accordance with the following rules:
Promotion: Any employee who receives a promotion will receive a minimum of a five
percent (5%) increase but not to exceed ten percent (10%). For any increase between six
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percent (6%) and ten percent (10%), the Department Head must provide written justification
unless that percentage is the beginning of the new grade. In some special instances such
as the employee's professional experience, training, certifications, complexity of the job
duties of the new position, tenure, and other job -related factors and/or to ensure the salary
is competitive in comparable job markets, the County Manager has authority to approve a
salary increase of up to twenty percent (20%) with written justification from the Department
Head.
Movement within the same salary grade is considered lateral and there will not be a salary
change.
Interim Promotion: Any employee who is promoted to an interim position in a higher pay
grade will receive a pay increase of 5% or the beginning of the interim position pay
grade, whichever is greater while performing the interim duties; however, if the position
is a Department Head position or higher, he or she shall receive a 10% pay increase
while performing the interim duties or the beginning position grade whichever is higher.
An interim assignment shall not exceed six months. At the conclusion, if the employee
returns to his or her former position they will return to his or her former salary before the
interim assignment.
Demotion: An employee who is voluntarily or involuntarily demoted shall have his or her
salary or hourly wage left the same, reduced five percent (5%) or reduced to anywhere
in the lower grade pay range, depending on the circumstances of the demotion and
Department Head recommendation.
Transfers: An employee who transfers from a position in one grade to a position in
another grade assigned to the same pay range shall continue to receive the same
salary or hourly wage.
Reclassifications/Revisions:
A. Any employee who is currently at the minimum pay rate of their current position
and the position is then reclassified to a grade having a higher salary or hourly
pay range, that employee shall receive a five percent (5%) pay increase or an
increase to the minimum pay rate of the new pay range, whichever is higher.
B. Any employee who is currently above the minimum pay rate of their current
position and the position is then reclassified to a grade having a higher salary or
hourly pay range, that employee's salary or hourly wage shall be appropriately
adjusted to the same percentage above the minimum pay rate in the new pay
range.
C. If a position is reclassified to a grade having a lower salary or hourly pay range
than that positions current grade, any employee's salary or hourly wage that is
above the maximum rate of the newly established pay range shall remain the
same.
Retention Increase: The County Manager has authority to approve a salary increase of
up to fifteen percent (15%) for non -probationary employees for retention purposes for
key positions when the County may be in danger of losing talented staff members.
However, an employee's salary shall not exceed the maximum rate for that pay grade
and an employee shall not receive more than a fifteen percent (15%) retention salary
increase every two years. When determining appropriate salary adjustments, the
County Manager shall take into consideration relevant factors including salaries paid in
comparable and competitive job market and the impact of losing the employee on the
organization.
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Section 9. Cost of Living Adiustments
If the BOC approve a Cost of Living Adjustment, the increase will be effective the first
pay period that begins immediately following the start of the fiscal year or as otherwise
directed by the adopted budget ordinance for that fiscal year. The amount of this
adjustment, if any, may vary from year to year.
When a Cost of Living Adjustment is approved, regular employees will receive a $500
minimum increase to their annual pay.
Section 10. Certifications and Degrees
Harnett County encourages and promotes professional development by obtaining
professional certifications or post -secondary degrees that substantially enhance the
employee's ability to perform the job or are related to the employee's current or future
job duties and responsibilities. Full time, non -probationary employees may be eligible
for a salary increase for obtaining certain certifications or post -secondary degrees
during the course of their employment with the County in accordance with this policy. If
an employee does not meet all the established requirements for the position and is
placed in work against status until they obtain a required certification or degree, the
employee will not be eligible for a salary increase under this policy.
Certifications: An employee may be eligible for a salary increase not to exceed 5% for
obtaining certifications that are required for the position, preferred for the position,
substantially enhance the employee's ability to perform the job, or are related to the
employee's current or future job duties and responsibilities.
A. If a position requires specific job -related certifications as a pre -requisite for
employment in order to perform the essential duties of the position, the employee
must obtain such certifications prior to their date of hire and will not be eligible for a
salary increase. If the position requires specific job related certifications, but such
certifications may be obtained within an established period of time after their date of
hire, the employee may be eligible for a salary increase.
B. If a particular certification is preferred for the position, but is not required, the
employee's supervisor or department head may make a written recommendation to
the County Manager for approval for a salary increase.
C. If a particular certification either substantially enhances the employee's ability to
perform the job or is related to the employee's current or future job duties and
responsibilities, the employee may submit a written request to their supervisor or
department head to obtain the certification. The supervisor or department head
shall review the request and make a written recommendation to the County
Manager for approval of a salary increase.
The salary increase percentage shall be determined in accordance with the list of
certifications and degrees that shall be approved by the County Manager. The list of
approved certifications and degrees and salary increase percentages may be updated
by the County Manager from time to time based on the department head
recommendations and the needs of the County. If an employee obtains a certification
not included on the approved list but that enhances the employee's ability to perform
the job or is related to the employee's current or future job duties and responsibilities,
the County Manager, upon written recommendation by the employee's department
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head, may approve a salary increase not to exceed 5%. If the employee's department
head and County Manager recommend a salary increase in excess of 5% for a
certification, the Board of Commissioners must approve the increase.
An employee must obtain the certification within the period required by the certification
course or the deadline set by employee's supervisor or department head. If an
employee fails to obtain the certification within the required timeframe, the employee
must obtain department head and County Manager approval for an extension.
Employees must provide a certificate or other official documentation to their supervisor
or department head upon successful completion of the certification course in order to
receive a salary increase.
If the employee's certification requires periodic renewals or continuing education to
remain active, the employee shall be solely responsible for maintaining an active
certification. Should the certification expire, the employee shall have their salary
reduced by the percentage received for the certification. If the certification is required for
the position and the employee fails to obtain or maintain an active certification, the
employee may be subject to demotion or disciplinary action, up to and including,
termination.
Post -Secondary Degrees: An employee may be eligible for a salary increase not to
exceed 3% for an associate's degree, 5% for a bachelor's degree, and 7% for a
master's or doctorate degree if such a degree is required for the position, preferred for
the position, substantially enhances the employee's ability to perform the job, or is
related to the employee's current or future job duties and responsibilities.
A. If a position requires a specific degree as a pre -requisite for employment in order
to perform the essential duties of the position, the employee must obtain such a
degree prior to their date of hire and will not be eligible for a salary increase. If
the position requires specific degree, but such a degree may be obtained within
an established period of time after their date of hire, the employee may be
eligible for a salary increase.
B. If a particular degree is preferred for the position, but is not required, the
employee's supervisor or department head may make a written recommendation
to the County Manager for approval.
C. If a particular degree either substantially enhances the employee's ability to
perform the job or is related to the employee's current or future job duties and
responsibilities, the employee may submit a written request to their supervisor or
department head to obtain the degree. The supervisor or department head shall
review the request and make a written recommendation to the County Manager
for approval.
The employee's department head shall submit a written recommendation of the salary
increase percentage to the County Manager for approval. If the employee's department
head and County Manager recommend a salary increase in excess of the salary
increase cap for that type of degree, the Board of Commissioners must approve the
increase.
An employee must obtain the degree within the period required by the curriculum or the
deadline set by the employee's supervisor or department head. If an employee fails to
obtain the degree within the required timeframe, the employee must obtain department
head and County Manger approval for an extension. Employees must provide a copy of
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the degree or other official documentation to their supervisor or department head upon
successful completion of the degree in order to receive a salary increase. If the degree
is required for the position and the employee fails to obtain the degree, the employee
may be subject to demotion or disciplinary action, up to and including, termination.
Section 11. Overtime / Compensatory Time
Definition: Overtime work or work that will result in the accumulation of compensatory
time shall be considered (1) any hours worked greater than 40 hours in a normal work
week, or (2) work performed by any County employee at the direction, instruction, or
knowledge of a Supervisor, Department Head, or authorized managerial representative,
which exceeds the normal work week or work period of the employee.
Planning to avoid overtime: It is the policy of Harnett County that overtime or the
accumulation of compensatory time be avoided at all times. Therefore, Supervisors or
Department Heads should arrange their employee work schedules so as to avoid
overtime by accomplishing the required work within the hours of a normal work week.
Authorization: All overtime must be duly authorized by a Supervisor or Department
Head before payment for such services are rendered.
Exempt Employees: Exempt employees, as defined by the Fair Labor Standards Act
("FLSA"), are (1) provided a salary for the completion of their occupational duties and
responsibilities that does not change from pay period to pay period based on variations
in quality or quantity of work, (2) earn at or above the minimum wage established by
FLSA, and (3) are designated employees in executive, administrative, or professional
positions, within the meaning of those terms as set forth in the United States
Department of Labor Regulations. Such employees are exempt from earning any
overtime pay in accordance with the FLSA, but, if required to work overtime, shall
receive compensatory time off at a rate of one (1) hour for each hour of overtime
worked.
A. Such employees will be paid at their regular pay rate for all overtime hours or
accrued compensatory time in excess of 80 hours.
B. In the event that a salaried employee is terminated, they shall be paid for
accrued compensatory time up to eighty (80) hours at the regular rate.
C. In special circumstances, the BOC reserves the right to compensate salaried
employees for any overtime worked with monies earned.
Non-exempt employees: Designated employees in other areas of employment for the
County are entitled to overtime pay in accordance with the FLSA. Two types of non-
exempt employees exist: (1) regular work schedule employees and (2) irregular work
schedule employees.
A. Regular work schedule employees, required to work overtime, shall receive
compensatory time off. The compensatory time shall be computed at one and
one-half (1 and '/2) hours for each hour of overtime worked.
1. Regular work schedule employees who accrue compensatory time in
excess of 80 hours shall be paid overtime pay.
B. Irregular work schedule employees, shall not accrue compensatory time off
because the granting of such time would unduly disrupt the work schedules of
such positions.
1. Such employees shall be paid overtime pay at one and one-half (1 and
times their regular pay rate for each hour worked in excess of their
designated work schedule.
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2. The County Manager shall designate those class of employees entitled to
overtime pay in lieu of compensatory time.
Law Enforcement Officers: Sworn law enforcement officers shall only receive overtime
pay at the rate of one and one-half (1 and'/2) times their regular rate of pay for any
hours worked over the first 171 hours worked in a 28-day cycle.
Use: In accordance with County policy and the Harnett County Finance Office
Departmental Guidelines, compensatory time must always be exhausted prior to
expending vacation time.
Termination: Any employee who has accrued compensatory time off, upon complete
termination, shall be paid for all unused compensatory time at the final regular rate
received for that employee.
Section 12. Time Sheets
Any time sheets required by County policy shall accurately reflect the hours worked by
employees. However, work schedules can be adjusted in some circumstances to
provide the flexibility needed to address situations that require employees to work more
than their regular work week without significant additional costs.
In order to adhere to Article III, Section 11 of the Harnett County Personnel Ordinance,
"Planning to avoid overtime," employees should adjust their time sheets within the work
week to avoid overtime or the accumulation of compensatory time whenever possible.
Even though an employee may work more than their regular schedule in a given
workday, their work schedule shall be adjusted so that they do not work more than their
regular schedule in a given work week, thereby avoiding overtime or the accumulation
of compensatory time.
There may be situations in which an employee must physically work more than their
regular work week and overtime or the accumulation of compensatory time is
unavoidable, however whenever possible, overtime or the accumulation of
compensatory time should be avoided. Adjustments of time within the same work week
should be the first recourse of supervisors, who are charged with managing and
controlling overtime or the accumulation of compensatory time.
Time sheets shall be approved and certified by the employee and Supervisor prior to
submission to Payroll. Approving the timesheet is an indication the supervisor agrees
with the time as recorded by the employee and is an authorization to pay the employee
according to recorded time.
Section 13. Other Forms of Time
Unauthorized Work: Hours worked by an employee without permission from the
Supervisor, Department Head, or authorized managerial representative shall not be
considered time worked. Employees who are guilty of unauthorized work are subject to
disciplinary action as addressed in Article IX.
Travel time: County employees shall be credited for all time spent travelling while in
furtherance of their service to the County, not including travel to and from work.
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Section 14. Call Back Pay
Any eligible County employee, who has been called back to work outside of normal
operating hours for the County, is guaranteed a minimum of two hours paid for their
services.
To receive such pay an employee must physically leave his or her home and physically
return to work for the County.
Section 15. Payroll Deductions
Those payroll deductions mandated or authorized by Federal, State, or County law shall
be deducted from an employee's pay without his or her permission.
Other payroll deductions may be made at the request and authorization of the
employee, but such deductions are subject to the approval of the Harnett County
Finance Officer.
Section 16. Longevity Pay
All County employees hired on or after July 1 st, 2015, or those employees who leave the
employment of the County and return to work with the County on or after July 1 st, 2015,
shall not be eligible to receive longevity pay.
Full-time County employees of record as of June 30th, 2015 shall continue to be eligible
to receive longevity pay as defined below until such time as their employment with the
County is terminated.
Time of Service: Employees with five (5) years of consecutive Harnett County Service
by November 15 of each calendar year are eligible for longevity pay.
Payment of Longevity: The amount of longevity an employee receives shall be based on
the employee's salary as of November 15 of each calendar year and paid annually in a
lump sum the first week in December of the same year. This amount shall increase
depending on the employee's years of services as outlined in the chart below. A
longevity payment, however, shall not be made part of the employee's base salary.
Time of Service
Percentage of Annual Salary
5 Years — 9 Years
1.00%
10 Years —14 Years
1.50%
15 Years — 19 Years
2.25%
20 Years — 24 Years
3.25%
25 Years and up
4.50%
Section 17. Overpayment, Underpayment, or Lack of Compensation
Harnett County Human Resources and Payroll Departments should make every effort to
ensure that employees are paid correctly and that authorized payroll deductions are
deducted properly. If an error occurs in the payment process, it is the responsibility of
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the Human Resources and Payroll Departments to discuss the error with the effected
employee and determine the amount to be corrected by the County or the employee.
All County employees are responsible for examining each of their paychecks or direct
deposit stubs to ensure that proper payment and deductions have been made. If any
employee believes an improper payment or deduction has been made, he or she should
immediately contact his or her Supervisor or Department Head, along with the Harnett
County Human Resources and Payroll Departments, and inform them of the situation.
The County, in all cases mentioned below, reserves the right to pursue collection of
remaining overpayments through court proceedings if recovery efforts fail.
If a mistake of some sort is made in the payment or compensation of County
employees, the following instructions should be followed depending on the situation:
Overpayment: In any case of overpayment, regardless of fault, County employees are
expected to promptly repay the County the full amount of the overpayment.
A. For purposes of this policy, overpayments may include wage and salary
payments, voluntary and involuntary payroll deductions, or other authorized
payments or deductions.
B. If an overpayment occurs, the Human Resources Department is to determine
whether the error is nominal or significant.
1. Nominal Overpayment: Any erroneous overpayment that is one hundred
dollars ($100.00) or less. Such an amount may be deducted from the
employees next payroll check to remedy the error.
2. Significant Overpayment: Any erroneous overpayment that is greater than
one hundred dollars ($100.00). Such an amount may only be repaid
through a written repayment plan pursuant to a signed Repayment
Agreement drafted by the County Attorney.
C. Any repayment deductions are not to be greater than 15% of the gross wages
earned in that current pay period and shall not reduce the gross wages paid to a
rate less than the minimum wage as defined by law.
D. All repayment deductions are to be made after the County has made all
permitted or required deductions from an employee's payroll check.
E. If an employee under a Repayment Agreement enters into an unpaid status, a
notice letter will be sent to collect the remaining payments or to setup a new
repayment plan. If the employee fails to respond, a second notice letter will be
sent to inform the employee that he or she has two (2) weeks to remit payment to
avoid the collection of monies owed through court proceedings.
F. Termination
1. If an employee under a Repayment Agreement voluntarily leaves their
position or is terminated before repayment is made in full, the remaining
amount owed to the County by the employee may be deducted from any
amounts owed to the employee by the County and shall not reduce the
gross wages paid to a rate less than the minimum wage as defined by
law.
2. If a terminated employee is overpaid, the Human Resources Department
shall notify the former employee in writing: (1) that an overpayment has
occurred, (2) the total amount owed by the employee to the County, and
(3) that payment is to be received within 30 days unless a Repayment
Agreement is put in place. If payment is not received within 30 days or the
Repayment Agreement is not followed, a notice letter will be sent to inform
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the employee that he or she has two (2) weeks to remit payment to avoid
the collection of monies owed through court proceedings.
Underpayment/Lack of Compensation: If an employee was underpaid or not paid at all,
the Supervisor, Department Head, or County Manager may request that a special check
be issued; otherwise the employee shall receive payment on their next check.
Work Week: For the Purposes of this Ordinance, Harnett County considers the work
week to be from Sunday through the following Saturday.
Section 18. Emergencv Operations Compensation
In the event of a major emergency or natural or man-made disaster, Harnett County
seeks to provide shelter and comfort to those adversely affected by creating and
following a detailed Emergency Response Plan.
In accordance with the County's Emergency Response Plan, and the instructions of the
Emergency Operations Center Director, Harnett County employees may be required to
carry out specific emergency response tasks to ensure the safety and continued
prosperity of the County. These tasks may be carried out at the Emergency Operations
Center or at the other sites necessary for emergency response. Such employees, who
work under the direction of the Emergency Operation Center Director during such an
emergency or natural or man-made disaster, will be compensated according to this
policy.
County Offices Remain Open: If the emergency or natural disaster requires the
activation of the Emergency Operations Center and County offices are open as
regularly scheduled, employees required to work under the direction of the Emergency
Operations Center Director will be compensated as described below:
A. Nonexempt employees, as defined above in Article III, Section 11 and in the
FLSA, will be paid one and one-half (1 and'/2) times their regular rate of pay for
actual hours worked beyond the employee's regular 40-hour work week
schedule, except as described below.
a. For employees who have a regular work week other that 40 hours, they will
be paid one and half (1 and'/2) times their regular rate of pay for actual hours
worked beyond their regular work week.
B. Exempt employees, as defined above in Article III, Section 11 and in the FLSA,
will be paid one (1) time their regular rate of pay for actual hours worked beyond
the employee's regular 40-hour work week schedule, except as described below.
a. For employees who have a regular work week other than 40 hours, they will
be paid one (1) time their regular rate of pay for actual hours worked beyond
their regular work week.
County Offices Are Closed: If the emergency or natural disaster requires the activation
of the Emergency Operations Center and County offices are closed, employees
required to work under the direction of the Emergency Operations Center Director will
be compensated as described below:
A. Nonexempt employees, as defined above in Article III, Section 11 and in the
FLSA, will be paid one and one-half (1 and '/2) times their regular rate of pay for
actual hours worked beyond the employee's regular 40-hour work week
schedule, except as described below. This compensation will be in addition to
any other compensation to which the employee is entitled
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a. For employees who have a regular work week other than 40 hours, they will
be paid one and a half (1 and'/2) times their regular rate of pay for actual
hours worked beyond their regular work week.
B. Exempt employees, as defined above in Article III, Section 11 and in the FLSA,
will be paid one (1) time their regular rate of pay for actual hours worked beyond
the employee's regular 40-hour work week schedule, except as described below.
a. For employees who have a regular work week other than 40 hours, they will
be paid one (1) time their regular rate of pay for actual hours worked beyond
their regular work week.
C. In the event a holiday occurs within this period, both nonexempt and exempt
employees, as defined above in Article III, Section 11 and in the FLSA, will be
paid one and one-half (1 and'/2) times their regular rate of pay for each hour
worked that day in addition to the normal holiday pay.
D. For full-time employees who work on rotating shifts, with the regular shift falling
on the holiday, these employees will be compensated in accordance with Article
VI. Section 2 on this ordinance, and will not receive pay at one and one-half
times their regular rate for their regular shift.
E. When the County Manager provides Administrative Leave as a result of County
offices being closed, employees required to work under the direction of the
Emergency Operations Center Director will receive Administrative Leave in
addition to any compensation they earn during the event. For nonexempt
employees, as defined above in Article III, Section 11 and in the FLSA, any
Administrative Leave will not count towards the time needed to earn one and
one-half (1 and'/2) times their regular rate of pay.
For the purpose of payroll, event timesheets should cover only the period during which
the County's Emergency Operations Center is activated.
Employees required to work under the direction of the Emergency Operations Center
Director will not be compensated for the time required to report to the Emergency
Operations Center or their designated location if elsewhere.
In the event employees are required to work long and continuous hours, the County
Manager may grant time off with pay/administrative leave for rest and recuperation to
ensure safe working conditions.
In order to ensure the safety of the County's personnel, citizens, and continued
operations of emergency response tasks, employees required to work under the
direction of the Emergency Operations Center Director will be required to take a break
of at least eight hours within a 24-hours period.
ARTICLE IV. RECRUITMENT AND EMPLOYMENT
Section 1. Statement of Eaual EM Dlovment Opportunity ("EEO") and Anti -Discrimination
The County is an equal opportunity employer. In accordance with anti -discrimination
law, it is the purpose of this policy to effectuate these principles and mandates. The
County prohibits discrimination and harassment of any type and affords equal
employment opportunities to employees and applicants without regard to race, color,
religion, sex, sexual orientation, gender identity or expression, pregnancy, age, national
origin, disability status, genetic information, protected veteran status, or any other
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characteristic protected by law. All County employees are prohibited from engaging in
unlawful discrimination.
The policy of equal employment opportunity (EEO) and anti -discrimination applies to all
aspects of the relationship between Harnett County and its employees, including:
• Recruitment
• Employment
• Promotion
• Transfer
• Demotion
• Discipline
• Training
• Working conditions
• Wages and salary administration
• Employee benefits and application of policies
Harnett County complies with the Americans with Disabilities Act (ADA), as
amended by the ADA Amendments Act, and all applicable state laws prohibiting
disability discrimination. Consistent with those requirements, the County will
reasonably accommodate qualified individuals with a disability if such
accommodation would allow the individual to perform the essential functions of the
job, unless doing so would create an undue hardship. The County will also, where
appropriate, provide reasonable accommodations for an employee's religious beliefs
or practices. If an employee believes they need an accommodation, they should
contact the Human Resources Department pursuant to the Reasonable
Accommodation Policy.
Harnett County complies with the Pregnant Workers Fairness Act and will provide
reasonable accommodations to qualified job applicants and employees to
accommodate the individual's known limitations related to pregnancy, childbirth, or
related medical conditions, unless doing so would create an undue hardship.
If an employee believes they need a pregnancy -related accommodation, they should
contact the Human Resources Department pursuant to the Reasonable
Accommodation Policy.
Section 2. Implementation of EEO Policy
All Harnett County employees 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 where
notices are customarily posted and viewed. Each employee and the County are
governed by the Equal Employment Opportunity Act of 1972 without exception.
Section 3. Recruitment & Advertisement
When new or vacant full time positions are to be filled within the County, Supervisors or
Department Heads shall notify the Human Resources Department and provide them a
complete Position Overview. Such an overview is to include the appropriate salary,
grade, qualifications, and description of the new or vacant position.
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The Human Resources Department shall publicize full time opportunities for
employment with the County by posting the provided Position Overviews along with
instructions for submitting applications and assurances of equal employment and non-
discriminatory practices in the Human Resources Department and on the internet at
www.Harnett.org.
In some instances, the Department Head may request that the position be initially
posted for only internal candidates. If no internal candidates are selected, then the
position may become open to the public.
Information on job openings and hiring practices shall also be provided to recruitment
sources including the Employment Security Commission ("ESC") and other
organizations, news media, job websites, and other sources as deemed appropriate by
the Human Resources Department.
Section 4. Submitting Applications for Emplovment
All persons expressing interest in employment with the County shall be given the
opportunity to file an application for employment directly through the Harnett County
Website at www.Harnett.org. A separate application must be submitted for each
position an individual seeks to apply for.
Applications submitted to the County, shall be kept for a period of two (2) years, in
accordance with Equal Employment Opportunity Commission guidelines. Once
submitted and filed, all applications become the property of the County.
Section 5. Qualification Standards
For an applicant to be considered for hire and for a County employee to retain their
current position with the County, they must meet the employment standards established
by the job description and such other reasonable minimum standards of character,
aptitude, ability, and any physical conditions as recommended by the Supervisor or
Department Head.
All qualification standards shall be reviewed periodically to ensure that the requirements
remain fair and conform to the actual job duties and responsibilities.
The County may employ an applicant in a trainee capacity or work against status who
does not meet all the minimum qualifications for a particular job if the deficiencies can
be eliminated through orientation, formal courses, and/or on-the-job training.
Section 6. Selection
All applications will initially come through the Human Resources Department by way of
the Harnett County website, but will be forwarded to the appropriate Supervisor or
Department Head for consideration for any currently vacant positions.
The Supervisor or Department Head will then consider all applicants for the position in
accordance with the EEO Policy. The Supervisor or Department Head is responsible
for conducting interviews of only those applicants meeting the qualification standards as
set forth in the job description and then selecting an acceptable candidate for hire.
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Once the Supervisor or Department Head has selected a candidate, the applicant's
original application, the Supervisor or Department Heads rationale for selecting this
candidate, a recommended starting salary (with justification), the desired start date of
the employee, and any additional information secured during the interview process, will
be returned to the Human Resources Department for further consideration.
The Human Resources Department will then conduct a reference check, criminal
background check, driving record check, and any other appropriate checks as deemed
necessary by the Human Resources Director. If issues with the selected candidate are
discovered, the recommending Supervisor or Department Head will be informed and
must decide, with the approval of the County Manager, if the employment process will
continue or another applicant should be selected.
The County Manager reserves the right for final approval or disapproval of any selected
candidate regardless of that applicant's current position in the selection process.
After selection has been made and the new or vacant position has been filled, it shall be
the responsibility of the Human Resources Department to inform all applicants that the
sought after position has been filled and they may apply again for another position with
the County in hopes of being hired.
Section 7. Appointments
It is the policy of Harnett County to create and foster career opportunities for its current
employees when possible. Therefore, when a current employee, applying for a vacant
position within the County, possesses the overall best qualifications, training, and
education over all other applicants, that employee shall be appointed to the vacant
position. Before any commitment is made to such an applicant, the County Manager
shall approve or reject this appointment.
In accordance with NCGS §153A-103, the BOC must approve any appointments by the
Sheriff or Register of deeds of a blood relative, a relative by marriage, any relative
nearer than first cousin, or a person convicted of a crime of moral turpitude.
Section 8. Probationary Period of Emolovment
A probationary period is a continuous period of 6 months (12 months for law
enforcement officers) where an employee is evaluated on job performance. Any
probationary employee may be dismissed at any time without appeal rights.
A newly promoted employee will serve a probationary period of six months. If a
promoted employee is unable to satisfactorily perform the newly assigned duties and
responsibilities, they shall be demoted, in accordance with Article III, Section 8 and
Article IV, Section 10.
Before completion of the probationary period, Supervisors or Department Heads must
document and provide the following to the Human Resources Department:
A. That the employee has been informed of his or her progress and growth during
the probationary period, including the employee's accomplishments, strengths,
weaknesses, and areas of improvement.
B. That the employee is or is not performing satisfactory work.
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C. Whether the probationary period should be extended, as long as an extension
would not cause the probation to go beyond a year.
D. Whether the employee should be retained in the present position or should be
released, transferred, or demoted.
Employees subject to the North Carolina Human Resources Act (NCGS §126) may not
be on probation longer than nine (9) months.
Full-time employees serving a probationary period following a promotion shall not be
prohibited from using any previously accrued leave during the probationary period.
Section 9. Promotion
Candidates for promotion may only be current County employees with the appropriate
qualifications, education, and training to adequately fill the vacant position and complete
the required duties and responsibilities.
County employees hoping to be considered for a promotion to a vacant position must
complete an application and submit said application online at www.Harnett.org.
Candidates shall only be chosen on the basis of their qualifications, work record, and
past performance appraisals, without discrimination in accordance with the EEO Policy.
There is no time restrictions on how long after initial employment or promotion an
employee must wait before he/she may apply for other positions in the County.
See Article III, Section 8 for information on pay increases when promotion occurs.
Section 10. Involuntary Demotion
Any County employee whose current job performance, personal conduct, or other
behavior is unsatisfactory or contrary to the mission and policies of Harnett County may
be demoted to a lesser position, provided the employee shows promise of becoming a
satisfactory employee in the future through his or her performance in a lesser position.
If a demotion occurs because of an employee's failure in the performance of job duties
or unbecoming personal conduct, the employee shall be provided with a written notice
citing the recommended effective date and reasons for demotion.
If the demoted employee fails to improve the unsatisfactory job performance, personal
conduct, or other behavior, he or she may be open to other disciplinary action in
accordance with Article IX of this policy.
All full-time employees who are demoted may, however, appeal their demotion in
accordance with the appeal rights addressed in Article X of this policy.
See Article III, Section 8 for information on pay decreases when an involuntary
demotion occurs.
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Section 11. Voluntary Demotion
Any employee who wishes to accept a position with less complex job duties and
responsibilities may be voluntarily demoted for reasons other than those expressed
above. Such an employee must apply for the desired position, compete the interview
process, and be selected by the Supervisor or Department Head to fill the position.
See Article III, Section 8 for information on pay decreases when a voluntary demotion
occurs.
Section 12. Transfer
If a vacancy occurs in any County Department and a current County employee in
another County Department who has completed their original probationary period
wishes to be hired for the vacant position he or she must apply, complete the interview
process, and be selected to fill the position. Such an employee should be adequately
qualified to complete and exceed the job duties and responsibilities of their newly
desired position.
Supervisors or Department Heads may, however, interdepartmentally transfer
employees to another equally graded position to meet the requirements of the current
job. Any full-time employee transferred in this manner may appeal the transfer in
accordance with the appeal rights addressed in Article X of this policy.
See Article III, Section 8 for information on pay increases or decreases when a transfer
occurs.
Section 13. Employment of Convicted Felons
The following shall constitute the policy of Harnett County when any applicant for a
position with the County has a felony conviction or a plea of no contest to a felony. In
general, those persons who have either been convicted of a felony or [lave entered a
plea of no contest to a felony charge shall be prohibited from serving in any Department
of Harnett County. However, after thorough examination and investigation by a
Department Head or a Human Resources employee, such an applicant may be
employed in a position with the County subject to the approval of the County Manager
and if the following criteria are present:
A. The applicant has been fully and completely rehabilitated.
B. The applicant has exemplified honesty and integrity for several years following
his conviction or no contest plea.
C. The applicant has maintained good relations within the community in which he or
she lives.
Section 14. Driving Record Verification
A license check of applicants shall be performed by the Human Resources Department
prior to any offer of employment to a position requiring a valid state of North Carolina
driver's license. Exception: A nonresident military spouse with a valid driver's license
issued to him/her in his/her home state so long as the employee can provide written
documentation of being a nonresident military spouse and maintains nonresident status
while retaining the out-of-state license. Nonresident military spouses with an out-of-state
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license shall immediately report any violations, suspensions, revocations, and changes
in status of their license to their Supervisor and the Human Resources Manager.
An employee should submit to this verification through the submission of a Driver
Disclosure Form which is completed electronically through the onboarding process.
Section 15. Veterans Preference
Those departments under the guidelines of the Office of State Human Resources shall
follow the State Personnel Act provisions for veterans' preference in employment
actions, as well as those departments which have federal contracts as set out in NCGS
§128-15.
ARTICLE V. CONDITIONS OF EMPLOYMENT
Section 1. Attendance
Employees are hired with the understanding that they are responsible for reporting to
work on time for every regularly scheduled workday and any additional instances they
may be needed by the County. It is essential for the accomplishment of the County
mission that all employees do their part.
Failure by a County employee to give notification or adequate excuse for an absence,
frequent tardiness, and/or excessive absenteeism will be viewed as a lack of interest in
their job and an indication that they are unable to meet the duties and responsibilities of
their current position.
Harnett County understands that employees may need to be out occasionally for
various medical or personal reasons, with this in mind approved leaves of absences are
covered in Article VI of this policy.
Any violation of this section shall subject such employees to any disciplinary actions
addressed in Article IX of this policy.
Section 2. Work Week
The established work week for Harnett County consists of a seven-day period beginning
on Sunday and ending on Saturday. The normal work week for the County offices,
however, shall be Monday -Friday from 8.00 a.m. — 5:00 p.m.
All full-time County employees should be held to a Monday -Friday work week consisting
of five eight -hour days (8:00 a.m. — 5:00 p.m.) with a one (1) hour lunch break.
All part-time County employees may work any number of hours during the normal
Sunday - Saturday work week as long as such employees do not exceed no more than
129 hours per month.
The County has, however, established flexible work weeks and hours in several County
departments, based on mission needs and Supervisor or Department Head request.
Supervisors or Department Heads shall use these hours in their discretion to assure the
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satisfactory performance of their current job. Department Head has the authority to
grant an adjusted lunch schedule as it aligns to the operations of the Department.
All hours are subject to change depending on the needs of the County.
Section 3. Restrictions on Political Activity
Each employee has a civic responsibility and duty to support good government by every
available means and in every appropriate manner.
In accordance with the United States Constitution, the North Carolina Constitution, and
federal state, and local laws, each County employee has the right to (1) join or affiliate
with civic organizations of a partisan or political nature, (2) attend political meetings, (3)
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, while on duty for the County, may (1) engage in any political or
partisan activity, (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. The Hatch Act also prohibits employees from seeking
candidacy for elective office in a partisan election.
Any violation of this section shall subject such employees to any disciplinary actions
addressed in Article IX of this policy.
Section 4. Outside Employment Policy
All County employees should understand that the work and overall mission of Harnett
County is to take priority over all other employment interests. Therefore, Harnett County
reserves to the right to restrict outside employment so as to prevent interference with
the County's work and overall mission.
All employees, in hopes to provide the most efficient and hardworking staff, are subject
to the following policy pertaining to any and all outside employment.
The purpose of this policy is to determine that secondary work does not have an
adverse effect upon County work, is not controversial to County policies, and does not
create an appearance of impropriety to the citizens of Harnett County.
Policy Procedures:
A. Any County employee desiring outside employment must complete and submit
an Outside Employment Request form to the appropriate Supervisor or
Department Head. This form may be found in Appendix A of this Ordinance.
B. The Supervisor or Department Head must review any and all requests for outside
employment submitted to them. The Supervisor or Department Head, however,
must grant all requests for outside employment, unless it appears that the
outside employment is likely to prevent the County employee from efficiently
34
discharging their current job duties and responsibilities or is incompatible with
their current work schedule as a County employee.
C. If the Supervisor or Department Head determines that conflict exists between the
outside employment and the employee's current County employment, the
request will be denied and the employee must be notified in writing. If a conflict
does not exist and the request is approved, the Supervisor or Department Head
should notify the employee and endorse the request by filing it with the Human
Resources Department.
D. If an employee's request is denied, he or she may be asked by the Supervisor,
Department Head, or County Manager to terminate their outside employment or
face disciplinary actions in accordance with Article IX.
Regardless of an employee's request, the following types of outside employment will
not be allowed:
A. Any outside employment inconsistent with the Harnett County Mission, this
policy, or the professional code of ethics.
B. Any outside employment that is or appears to be a conflict of interest.
C. Any outside employment that is performed for any person in the employee's
supervisory chain.
D. Any outside employment performed by the employee while in a FMLA status.
Section 5. Anti -Nepotism Policy
The purpose of this Anti -Nepotism Policy is to ensure that all hiring, promotion, and
other employment -related decisions within the County are made based on merit,
qualifications, and the best interests of the county. This policy aims to prevent conflicts
of interest, favoritism, and any appearance of impropriety in county employment
practices. The employment of members of the same immediate family within the same
County department is discouraged and should be avoided when at all possible. Such
relationships put a strain on the work environment for the related employees and those
working with and around them.
Members of the same immediate family may not be considered for employment within
the same County department.
For the purposes of this policy, a relative (immediate family member) includes three
levels of a family relationship whether by blood, marriage or adoption.
Hiring, Employment and Promotions and Transfers:
• No employee or official of the County shall participate in the hiring process or
employment decision -making for a position for which a relative has applied.
• Relatives of current employees or officials may be considered for employment,
provided they meet all qualifications and are selected through the standard
competitive hiring process.
• Under no circumstances shall a relative be hired into a position where they would
directly or indirectly supervise or be supervised by another relative.
• Relatives may apply for promotions or transfers within the county, but the same
restrictions on supervision and influence apply. Employees may not be promoted
or transferred into a position where they would directly or indirectly supervise or
be supervised by a relative.
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Employees and officials must disclose any potential nepotism situation to the Human
Resources Department immediately upon becoming aware of it by completing an Anti -
Nepotism Exception Form. Any exception to this policy must be approved by the County
Manager before the relative may be hired.
Section 6. Unlawful Harassment Poli
Harnett County prohibits harassment of any kind, including sexual harassment, and will
take appropriate and immediate action in response to complaints or knowledge of
violations of this policy. For purposes of this policy, harassment is any verbal or physical
conduct designed to threaten, intimidate or coerce an employee, co-worker, or any
person working for or on behalf of the County.
The following examples of harassment are intended to be guidelines and are not
exclusive when determining whether there has been a violation of this policy:
• Verbal harassment includes comments that are offensive or unwelcome
regarding a person's national origin, race, color, religion, age, sex, sexual
orientation, pregnancy, appearance, disability, gender identity or expression,
marital status or other protected status, including epithets, slurs and negative
stereotyping.
• Nonverbal harassment includes distribution, display or discussion of any written
or graphic material that ridicules, denigrates, insults, belittles or shows hostility,
aversion or disrespect toward an individual or group because of national origin,
race, color, religion, age, gender, sexual orientation, pregnancy, appearance,
disability, sexual identity, marital status or other protected status.
Sexual Harassment: Sexual harassment is a specific type of unlawful workplace
harassment defined by federal guidelines as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when:
• Submission to such conduct is made, either explicitly or implicitly, as a condition
of the employee's employment;
• Submission to or rejection of such conduct by an employee is used as the basis
for employment decisions affecting such employee; or
• Such conduct has the purpose or the effect of unreasonably interfering with an
employee's work performance or creating an intimidating, hostile, or offensive
work environment.
There are varieties of prohibited acts of sexual harassment that can take range from
subtle pressure to physical assault. Some examples of this type of conduct, by
definition, include, but are not limited to:
• Threats of sexual relations or sexual contact that is not freely or mutually
agreeable to both parties; continual or repeated verbal abuse of a sexual nature
(graphic commentaries on the person's body, sexually suggestive objects or
pictures placed in the work area that may embarrass or offend the employee,
sexually degrading words to describe the person, or propositions of a sexual
nature)
• Threats or insinuations that the employee's employment, wages, promotional
opportunities, job assignments, or other conditions of employment may be
adversely affected by not submitting to sexual advances
• Unwelcome statements or conduct based on a person's gender such as gender -
based jokes or negative gender -based remarks
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• Physical conduct such as unwanted touching hugging, kissing, intentional
brushing up against the employee's body, or repeated sexual flirtations and
propositions
• Any unwelcome verbal comments or physical advances of a sexual nature or
hostile or physically aggressive behavior directed to an employee, which either
affects the employee's conditions of employment, interferes with their ability to
perform their job, or creates an intimidating or hostile work environment
Reporting Procedures:
A. Any employee, who witnesses or is the subject of an instance of unlawful
workplace harassment, is encouraged to report the situation and/or complaint
without fear of retaliation, orally or in writing, to his or her Supervisor or
Department Head or directly to the Human Resources Director. Upon notification
of a situation or complaint, the Supervisor, Department Head, or Human
Resources Director shall direct the alleged victim to complete the Unlawful
Workplace Harassment Form provided in Appendix A of this Ordinance. The
Unlawful Harassment Form shall be turned into their Supervisor, Department
Head, or Human Resources Director. If a Supervisor or Department Head
receives the completed form, he or she must forward it to the Human Resources
Director within three (3) working days of completion of the form. If the Human
Resources Director is the alleged offender, the alleged event and Unlawful
Workplace Harassment Form shall be provided to the Legal Department.
B. Once the report or complaint is received, along with any supporting evidence
and/or documentation, the Human Resources Director shall, if necessary and
without investigation, take immediate action to stop and/or remedy the
inappropriate conduct. If immediate action is not necessary, the Human
Resources Director shall notify all concerned parties that a complaint has been
filed and an investigation will be conducted by the Human Resources
Department, the Legal Department, or retained outside legal counsel. If the
Human Resources Director is the alleged offender, all actions shall be taken by
the Legal Department or legal counsel retained to investigate the matter.
C. The investigation may consist of interviewing the concerned parties, the alleged
offender(s) and witnesses, along with gathering any relevant evidence or
documentation not already available. The investigation should be completed and
a report given to the County Manager within fifteen (15) working days of the
receipt of the complaint. An extension of not more than 30 days, however, may
be granted upon request by the County Manager. If the County Manager is the
alleged offender, the report shall be provided to the Board of Commissioners and
any extension of the investigation shall be granted upon request by the Board.
D. All concerned parties, employees, and departments should be completely
cooperative during the investigation. Failure to do so may result in immediate
disciplinary action in accordance with Article IX.
E. Once a thorough investigation of the complaint is completed, the Human
Resources Director, or, if the Human Resources Director is the alleged offender,
the Legal Department or legal counsel retrained to investigate the matter, shall
inform the concerned parties, the appropriate Supervisor or Department Head,
and the County Manager of the outcome of the investigation. Following the
notification of the results, the Human Resources Director, along with the County
Manager, shall ensure that all appropriate actions are taken to remedy the
situation and to reprimand the perpetrator. If the County Manager is the alleged
offender, results of the investigation shall be reported to the Board of
Commissioners and the Board, along with the Human Resources Director, Legal
37
Department, or outside counsel retained to investigate the matter, shall ensure
that all appropriate actions are taken.
F. After the investigation, all complaints, investigatory files, and other pertinent
documents will remain confidential unless these documents must be released
because of federal, state, or local law.
Retaliation: Retaliation means any adverse action taken against an individual for filing a
discrimination charge, testifying, or participating in any way in an investigation,
proceeding, or lawsuit related to discriminatory employment practices based on a
person's national origin, race, color, religion, age, sex, sexual orientation, pregnancy,
appearance, disability, gender identity or expression, marital status or other protected
status, including epithets, slurs, negative stereotyping, political affiliation or genetic
information; or because of opposition to employment practices in violation of this Policy.
Retaliation against any of the concerned parties, the alleged offender(s), witnesses, or
those conducting the investigation will not be tolerated and shall be subject to
disciplinary action.
Section 7. Drug -Free Work Place Policy (General Class of Employees)
Harnett County seeks to provide a safe and secure workplace and community free from
the debilitating effects of any drugs, alcohol, or other illegal substances. The County
also hopes to promote a high standard of employee and community health and
wellbeing. Therefore, to take every reasonable effort to keep drugs, alcohol, and other
illegal substances out of the County work force and community, and in accordance with
the Drug -Free Work Place Act of 1988, Harnett County hereby implements the following
Drug -Free Work Place Policy.
It is the policy of Harnett County that no employee shall possess, use, or distribute illicit
drugs, alcohol, or other illegal substances on any property or facilities used, owned, or
occupied by the County or while representing the County at any professional or social
function. If, however, a county employee recognizes that a problem exists and initiates
action to seek help, the County will work with the employee to resolve the situation.
Any County employee, Supervisor, Department Head, Administrator, or County
Manager found in violation of this policy is subject to disciplinary actions in accordance
with Article IX, along with any penalties under federal, state, or local law.
Section 8. Drug and Alcohol Testing Policy (Employees with a CDL, HARTS and Safety
Sensitive Positions)
In accordance with the policy, rules and regulations of the U.S. Department of
Transportation, and the Omnibus Transportation Employee Testing Act of 1991, Harnett
County has established a separate Drug and Alcohol Testing Policy for all employees,
including commercial drivers, safety sensitive positions, and the Harnett Area Transit
System Drivers.
Purpose: The Harnett Area Rural Transit System provides public transit and paratransit
services for the residents of Harnett County Part of our mission is to ensure that this
service is delivered safely, efficiently, and effectively by establishing a drug and alcohol -
free work environment, and to ensure that the workplace remains free from the effects
of drugs and alcohol in order to promote the health and safety of employees and the
38
general public. In keeping with this mission, Harnett Area Rural Transit System
declares that the unlawful manufacture, distribution, dispense, possession, or use of
controlled substances or misuse of alcohol is prohibited for all employees.
Additionally, the purpose of this policy is to establish guidelines to maintain a drug and
alcohol -free workplace in compliance with the Drug -Free Workplace Act of 1988, and
the Omnibus Transportation Employee Testing Act of 1991. Covered employees shall
abide by the terms of this policy statement as a condition of employment. This policy is
intended to comply with all applicable Federal regulations governing workplace anti-
drug and alcohol programs in the transit industry. Specifically, the Federal Transit
Administration (FTA) of the U.S. Department of Transportation has published 49 CFR
Part 655, as amended, that mandates drug and alcohol testing for safety -sensitive
positions, and prohibits performance of safety -sensitive functions when there is a
positive test result, or a refusal to test. The U. S. Department of Transportation
(USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the
collection and testing of specimens for drug and alcohol testing.
Any provisions set forth in this policy that are included under the sole authority of
Harnett Area Rural Transit System and are not provided under the authority of the
above named Federal regulations are underlined. Tests conducted under the sole
authority of Harnett Area Rural Transit System will be performed on non-USDOT forms
and will be separate from USDOT testing in all respects.
Applicability: This Drug and Alcohol Testing Policy applies to all safety -sensitive
employees (full- or part-time) when performing safety sensitive duties. See Attachment
A for a list of employees and the authority under which they are included.
A safety -sensitive function is operation of public transit service including the operation of
a revenue service vehicle (whether or not the vehicle is in revenue service),
maintenance of a revenue service vehicle or equipment used in revenue service,
security personnel who carry firearms, persons controlling the dispatch or movement of
revenue service vehicles and any transit employee who operates a non -revenue service
vehicle that requires a Commercial Driver's License to operate. Maintenance functions
include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in
revenue service. A list of safety -sensitive positions who perform one or more of the
above mentioned duties is maintained by the Human Resources Department.
Supervisors are only safety sensitive if they perform one of the above functions.
Volunteers are considered safety sensitive and subject to testing if they are required to
hold a CDL, or receive remuneration for service in excess of actual expense.
Definitions:
Accident: An occurrence associated with the operation of a vehicle even when not in
revenue service, if as a result:
• An individual dies;
• An individual suffers a bodily injury and immediately receives medical treatment
away from the scene of the accident; or,
• One or more vehicles incur disabling damage as the result of the occurrence
and is transported away from the scene by a tow truck or other vehicle. For
purposes of this definition, disabling damage means damage which precludes
departure of any vehicle from the scene of the occurrence in its usual manner in
daylight after simple repairs. Disabling damage includes damage to vehicles
that could have been operated but would have been further damaged if so
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operated, but does not include damage which can be remedied temporarily at
the scene of the occurrence without special tools or parts, tire disablement
without other damage even if no spare tire is available, or damage to headlights,
taillights, turn signals, horn, or windshield wipers that makes them inoperative.
Adulterated specimen: A specimen that has been altered, as evidence by test results
showing either a substance that is not a normal constituent for that type of specimen or
showing an abnormal concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohols contained in any beverage, mixture, mouthwash, candy,
food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath
as indicated by a breath test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing, it is taken as a sample
representing the whole specimen.
Alternate specimen: An authorized specimen, other than the type of specimen
previously collected or attempted to be collected.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has
not been corrected, or which is cancelled. A canceled test is neither positive nor
negative.
Collection Site: A place selected by the employer where employees present themselves
for the purpose of providing a specimen for a drug test.
Confirmatory Drug Test: A second analytical procedure performed on a different aliquot
of the original specimen to identify and quantify a specific drug or drug metabolite.
Confirmatory Validity Test: A second test performed on a different aliquot of the original
urine specimen to further support a validity test result.
Covered Employee Under FTA Authority: An employee who performs a safety -sensitive
function including an applicant or transferee who is being considered for hire into a
safety -sensitive function (See Attachment A for a list of covered employees).
Cutoff: The analytical value (e.g., drug or drug metabolite concentration) used as the
decision point to determine a result (e.g., negative, positive, adulterated, invalid, or
substituted) or the need for further testing.
Designated Employer Representative (DER): An employee authorized by the employer
to take immediate action to remove employees from safety -sensitive duties and to make
required decisions in testing. The DER also receives test results and other
communications for the employer, consistent with the requirements of 49 CFR Parts 40
and 655.
40
DOT, The Department, DOT Agency. These terms encompass all DOT agencies,
including, but not limited to, the Federal Aviation Administration (FAA), the Federal
Railroad Administration (FRA), the Federal Motor Carrier Safety Administration
(FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety
Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration
(PHMSA), and the Office of the Secretary (OST). For purposes of 49 CFR Part 40, the
United States Coast Guard (USCG), in the Department of Homeland Security, is
considered to be a DOT agency for drug testing purposes. These terms include any
designee of a DOT agency.
Dilute specimen: A urine specimen with creatinine and specific gravity values that are
lower than expected for human urine.
Disabling damage: Damage which precludes departure of any vehicle from the scene of
the occurrence in its usual manner in daylight after simple repairs. Disabling damage
includes damage to vehicles that could have been operated but would have been
further damaged if so operated, but does not include damage which can be remedied
temporarily at the scene of the occurrence without special tools or parts, tire
disablement without other damage even if no spare tire is available, or damage to
headlights, taillights, turn signals, horn, or windshield wipers that makes them
inoperative.
Employee: Any person who is designated in a DOT agency regulation as subject to drug
testing and/or alcohol testing. The term includes individuals currently performing safety -
sensitive functions designated in DOT agency regulations and applicants for
employment subject to pre -employment testing. For purposes of drug testing under 49
CFR Part 40, the term employee has the same meaning as the term "donor" as found
on CCF and related guidance materials produced by the Department of Health and
Human Services.
Evidential Breath Testing Device (EBT): A device approved by the NHTSA for the
evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations, and appears
on ODAPC's Web page for "Approved Evidential Breath Measurement Devices"
because it conforms with the model specifications available from NHTSA.
Initial Drug Test: The first test used to differentiate a negative specimen from one that
requires further testing for drugs or drug metabolites.
Initial Specimen Validity Test: The first test used to determine if a specimen is
adulterated, diluted, substituted, or invalid
Invalid Result: The result reported by an HHS-certified laboratory in accordance with the
criteria established by the HHS when a positive, negative, adulterated, or substituted
result cannot be established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory
Certification Program as meeting the minimum standards of HHS; or, in the case of
foreign laboratories, a laboratory approved for participation by DOT under 49 CFR Part
40.
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Limit of Detection (LOD): The lowest concentration at which the analyte (e.g., drug or
drug metabolite) can be identified.
Limit of Quantification (LOQ): For quantitative assays, the lowest concentration at which
the identity and concentration of the analyte (e.g., drug or drug metabolite) can be
accurately established.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by the drug testing
program who has knowledge of substance abuse disorders, and has appropriate
medical training to interpret and evaluate an individual's confirmed positive test result,
together with his/her medical history, and any other relevant bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug metabolites
but has creatinine and specific gravity values that are lower than expected for human
urine.
Negative result: The result reported by an HHS-certified laboratory to an MRO when a
specimen contains no drug or the concentration of the drug is less than the cutoff
concentration for the drug or drug class and the specimen is a valid specimen. An
alcohol concentration of less than 0.02 BAC is a negative test result.
Non -negative specimen: A specimen that is reported as adulterated, substituted,
positive (for drug(s) or drug metabolite(s)), or invalid.
Oral Fluid Specimen: A specimen that is collected from an employee's oral cavity and is
a combination of physiological fluids produced primarily by the salivary glands. An oral
fluid specimen is considered to be a direct observation collection for all purposes of 49
CFR Part 40, as amended.
Oxidizing Adulterant: A substance that acts alone or in combination with other
substances to oxidize drugs or drug metabolites to prevent the detection of the drug or
metabolites, or affects the reagents in either the initial or confirmatory drug test.
Performing (a safety -sensitive function): A covered employee is considered to be
performing a safety -sensitive function and includes any period in which he or she is
actually performing, ready to perform, or immediately available to perform such
functions.
Positive result: The result reported by an HHS- Certified laboratory when a specimen
contains a drug or drug metabolite equal or greater to the cutoff concentrations.
Primary specimen: In drug testing, the specimen bottle that is opened and tested by a
first laboratory to determine whether the employee has a drug or drug metabolite in his
or her system; and for the purpose of specimen validity
testing. The primary specimen is the portion of the donor's subdivided specimen
designated as the primary ("A") specimen by the collector to distinguish it from the split
("B") specimen, as defined in 49 CFR Part 40, as amended.
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Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines, or
phencyclidine as specified in 49 CFR Part 40, as amended.
Reconfirmed: The result reported for a split (Bottle B) specimen when the second HHS-
certified laboratory corroborates the original result reported for the primary (Bottle A)
specimen.
Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests
are performed for specimen because of a fatal flaw or a correctable flaw that has not
been corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger
transportation service.
Safety -sensitive functions: Employee duties identified as:
A. The operation of a transit revenue service vehicle even when the vehicle is
not in revenue service.
B. The operation of a non -revenue service vehicle by an employee when the
operation of such a vehicle requires the driver to hold a Commercial Drivers
License (CDL).
C. Maintaining a revenue service vehicle or equipment used in revenue service.
D. Controlling dispatch or movement of a revenue service vehicle and
E. Carrying a firearm for security purposes.
Specimen: Fluid, breath, or other material collected from an employee at the collection
site for the purpose of a drug or alcohol test.
Specimen Bottle: The bottle that, after being sealed and labeled according to the
procedures in 49 CFR Part 40, is used to hold a primary ("A") or split ("B") specimen
during the transportation to the laboratory. In the context of oral fluid testing, it may be
referred to as a "vial," "tube," or "bottle."
Split Specimen: In drug testing, the specimen that is sent to a first laboratory
and stored with its original seal intact, and which is transported to a second laboratory
for retesting at the employee's request following MRO verification of the primary
specimen as positive, adulterated or substituted.
Split specimen collection: A collection in which the single specimen collected is divided
into two separate specimen bottles, the primary specimen (Bottle A) and the split
specimen (Bottle B).
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of
osteopathy) or licensed or certified psychologist, social worker, employee assistance
professional, state -licensed or certified marriage and family therapist, or drug and
alcohol counselor (certified by an organization listed at
https://www.transportation.gov/odapc/sap) with knowledge of and clinical experience in
the diagnosis and treatment of drug and alcohol related disorders.
Substituted specimen: An employee's specimen not consistent with a normal human
specimen, as determined by HHS (e.g., a urine specimen, with creatinine and specific
43
gravity values that are so diminished, or so divergent that they are not consistent with
normal human urine).
Test Refusal: The following are considered a refusal to test if the employee:
A. Fail to appear for any test (except a pre -employment test) within a reasonable
time, as determined by the employer.
B. Fail to remain at the collection site until the testing process is complete. An
employee who leaves the testing site before the testing process commences for
a pre -employment test has not refused to test.
C. Fail to attempt to provide a specimen. An employee who does not provide a
specimen because he or she has left the testing site before the testing process
commenced for a pre -employment test has not refused to test.
D. In the case of a directly -observed or monitored urine collection in a drug test, fail
to permit monitoring or observation of your provision of a specimen.
E. Fail to provide a sufficient quantity of specimen without a valid medical
explanation.
F. Fail or decline to take an additional test as directed by the collector or the
employer for drug testing.
G. Fail to undergo a medical evaluation as required by the MRO or the employer's
Designated Employer Representative (DER).
H. Fail to cooperate with any part of the testing process.
I. Fail to follow an observer's instructions to raise and lower clothing and turn
around during a directly -observed urine collection .
J. Possess or wear a prosthetic or other device used to tamper with the collection
process.
K. Admit to the adulteration or substitution of a specimen to the collector or MRO.
L. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
M. Fail to remain readily available following an accident.
N. As a covered employee, if the MRO reports that you have a verified adulterated
or substituted test result, you have refused to take a drug test.
Undiluted (neat) oral fluid: An oral fluid specimen to which no other solid or liquid has
been added. For example: A collection device that uses a diluent (or other component,
process, or method that modifies the volume of the testable specimen) must collect at
least 1 mL of undiluted (neat) oral fluid.
Urine specimen: Urine collected from an employee at the collection site for the purpose
of a drug test.
Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A
public transit vehicle is a vehicle used for public transportation or for ancillary services.
Verified negative test: A drug test result reviewed by a medical review officer and
determined to have no evidence of prohibited drug use at or above the minimum cutoff
levels established by the Department of Health and Human Services (HHS).
Verified positive test: A drug test result reviewed by a medical review officer and
determined to have evidence of prohibited drug use at or above the minimum cutoff
levels specified in 49 CFR Part 40 as revised.
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Validity testing: The evaluation of the specimen to determine if it is consistent with
normal human urine. Specimen validity testing will be conducted on all specimens
provided for testing under DOT authority. The purpose of validity testing is to determine
whether certain adulterants or foreign substances were added to the specimen, if the
specimen was diluted, or if the specimen was altered.
Education and Training: Every covered employee will receive a copy of this policy and
will have ready access to the corresponding federal regulations including 49 CFR Parts
655 and 40, as amended. In addition, all covered employees will undergo a minimum of
60 minutes of training on the signs and symptoms of drug use including the effects and
consequences of drug use on personal health, safety, and the work environment. The
training also includes manifestations and behavioral cues that may indicate prohibited
drug use.
All supervisory personnel or company officials who are in a position to determine
employee fitness for duty will receive 60 minutes of reasonable suspicion training on the
physical, behavioral, and performance indicators of probable drug use and 60 minutes
of additional reasonable suspicion training on the physical, behavioral, speech, and
performance indicators of probable alcohol misuse.
Prohibited Substances:
Prohibited substances addressed by this policy include the following.
• Illegally Used Controlled Substance or Drugs Under the Drug -Free Workplace
Act of 1988 any drug or any substance identified in Schedule I through V of
Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further
defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the
workplace unless a legal prescription has been written for the substance. This
includes, but is not limited to: marijuana, amphetamines, opioids, phencyclidine
(PCP), and cocaine, as well as any drug not approved for medical use by the
U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.
Illegal use includes use of any illegal drug, misuse of legally prescribed drugs,
and use of illegally obtained prescription drugs. It is important to note that the
use of marijuana in any circumstances remains completely prohibited for any
safety -sensitive employee subject to drug testing under USDOT regulations. The
use of marijuana in any circumstance (including under state recreational and/or
medical marijuana laws) by a safety -sensitive employee is a violation of this
policy and a violation of the USDOT regulation 49 CFR Part 40, as amended.
o Federal Transit Administration drug testing regulations (49 CFR Part 655)
require that all employees covered under FTA authority be tested for
marijuana, cocaine, amphetamines, opioids, and phencyclidine as
described in this policy. Illegal use of these five drugs is prohibited at all
times and thus, covered employees may be tested for these drugs
anytime that they are on duty.
• Legal Drugs: The appropriate use of legally prescribed drugs and non-
prescription medications is not prohibited. However, the use of any substance
which carries a warning label that indicates that mental functioning, motor skills,
or judgment may be adversely affected must be reported to a Harnett Area Rural
Transit System supervisor and the employee is required to provide a written
M61
release from his/her doctor or pharmacist indicating that the employee can
perform his/her safety -sensitive functions.
Alcohol: The use of beverages containing alcohol (including mouthwash,
medication, food, candy) or any other substances containing alcohol in a manner
which violates the conduct listed in this policy is prohibited.
Prohibited Conduct:
Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as
amended is prohibited at all times. All covered employees are prohibited from reporting
for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR
Part 40, as amended. Each covered employee is prohibited from consuming alcohol
while performing safety -sensitive job functions or while on -call to perform safety -
sensitive job functions. If an on -call employee has consumed alcohol, they must
acknowledge the use of alcohol at the time that they are called to report for duty. The
covered employee will subsequently be relieved of his/her on -call responsibilities and
subject to discipline for not fulfilling his/her on -call responsibilities.
The Transit Department shall not permit any covered employee to perform or continue
to perform safety -sensitive functions if it has actual knowledge that the employee is
using alcohol
A. Each covered employee is prohibited from reporting to work or remaining on duty
requiring the performance of safety -sensitive functions while having an alcohol
concentration of 0.04 or greater regardless of when the alcohol was consumed.
a. An employee with a breath alcohol concentration which measures 0.02-
0.039 is not considered to have violated the USDOT-FTA drug and alcohol
regulations, provided the employee hasn't consumed the alcohol within
four (4) hours of performing a safety -sensitive duty. However, if a safety -
sensitive employee has a breath alcohol concentration of 0.02-0.039,
USDOT-FTA regulations require the employee to be removed from the
performance of safety -sensitive duties until:
i. The employee's alcohol concentration measures less than 0.02; or
ii. The start of the employee's next regularly scheduled duty period,
but not less than eight hours following administration of the test.
B. No covered employee shall consume alcohol for eight (8) hours following
involvement in an accident or until he/she submits to the post -accident
drug/alcohol test, whichever occurs first.
C. No covered employee shall consume alcohol within four (4) hours prior to the
performance of safety -sensitive job functions.
D. Harnett Area Rural Transit System, under its own authority, also prohibits the
consumption of alcohol at all times the employee is on duty, or anytime the
employee is in uniform.
E. Consistent with the Drug -free Workplace Act of 1988, all Harnett Area Rural
Transit System employees are prohibited from engaging in the unlawful
manufacture, distribution, dispensing, possession, or use of prohibited
46
substances in the work place including transit system premises and transit
vehicles.
Drug Statute Conviction: Consistent with the Drug Free Workplace Act of 1998, all
employees are required to notify the Harnett Area Rural Transit System management of
any criminal drug statute conviction for a violation occurring in the workplace within five
days after such conviction. Failure to comply with this provision shall result in
disciplinary action as defined in this policy.
Testing Requirements:
A. Drug testing and alcohol testing will be conducted as required by 49 CFR Part 40
as amended. All employees covered under FTA authority shall be subject to
testing prior to performing safety -sensitive duty, for reasonable suspicion,
following an accident, and random as defined in this policy, and return to
duty/follow-up.
B. A drug test can be performed any time a covered employee is on duty. A
reasonable suspicion, random, or follow-up alcohol test can only be performed
just before, during, or after the performance of a safety -sensitive job function.
Under Harnett Area Rural Transit System authority, a non -DOT alcohol test can
be performed any time a covered employee is on duty.
All covered employees will be subject to drug testing and alcohol testing as a condition
of ongoing employment with Harnett Area Rural Transit System. Any safety -sensitive
employee who refuses to comply with a request for testing shall be removed from duty
and subject to discipline as defined in this policy.
Drug Testing Procedures:
A. Testing shall be conducted in a manner to assure a high degree of accuracy and
reliability and using techniques, equipment, and laboratory facilities which have
been approved by the U.S. Department of Health and Human Service (HHS). All
testing will be conducted consistent with the procedures set forth in 49 CFR Part
40, as amended. The procedures will be performed in a private, confidential
manner and every effort will be made to protect the employee, the integrity of the
drug testing procedure, and the validity of the test result.
B. The drugs that will be tested for include marijuana, cocaine, opioids,
amphetamines, and phencyclidine. After the identity of the donor is checked
using picture identification, a urine and/or oral fluid specimen will be collected as
described in 49 CFR Part 40, as amended. Each specimen will be accompanied
by a DOT Custody and Control Form and identified using a unique identification
number that attributes the specimen to the correct individual. The specimen
analysis will be conducted at a HHS certified laboratory. An initial drug screen
and validity test will be conducted on the primary specimen. For those
specimens that are not negative, a confirmatory test will be performed. The test
will be considered positive if the amounts of the drug(s) and/or its metabolites
identified by the confirmatory test are at or above the minimum thresholds
established in 49 CFR Part 40, as amended.
C. The test results from the HHS certified laboratory will be reported to a Medical
Review Officer. A Medical Review Officer (MRO) is a licensed physician with
detailed knowledge of substance abuse disorders and drug testing. The MRO
47
will review the test results to ensure the scientific validity of the test and to
determine whether there is a legitimate medical explanation for a confirmed
positive, substitute, or adulterated test result. The MRO will attempt to contact
the employee to notify the employee of the non -negative laboratory result, and
provide the employee with an opportunity to explain the confirmed laboratory test
result. The MRO will subsequently review the employee's medical
history/medical records as appropriate to determine whether there is a legitimate
medical explanation for a non -negative laboratory result. If no legitimate medical
explanation is found, the test will be verified positive or refusal to test and
reported to Harnett Area Rural Transit System. If a legitimate explanation is
found, the MRO will report the test result as negative.
D. If the test is invalid without a medical explanation, a retest will be conducted
under direct observation. Employees do not have access to a test of their split
specimen following an invalid result.
E. Any covered employee who questions the results of a required drug test may
request that the split sample be tested. The split sample test must be conducted
at a second HHS-certified laboratory. The test must be conducted on the split
sample that was provided by the employee at the same time as the primary
sample. The method of collecting, storing, and testing the split sample will be
consistent with the procedures set forth in 49 CFR Part 40, as amended. The
employee's request for a split sample test must be made to the Medical Review
Officer within 72 hours of notice of the original sample verified test result.
Requests after 72 hours will only be accepted at the discretion of the MRO if the
delay was due to documentable facts that were beyond the control of the
employee. Harnett Area Rural Transit System will ensure that the cost for the
split specimen analysis is covered in order for a timely analysis of the sample,
however Harnett Area Rural Transit System will seek reimbursement for the split
sample test from the employee.
F. If the analysis of the split specimen fails to confirm the presence of the drug(s)
detected in the primary specimen, if the split specimen is not able to be analyzed,
or if the results of the split specimen are not scientifically adequate, the MRO will
declare the original test to be canceled.
G. Observed collections
a. Consistent with 49 CFR Part 40, as amended, collection under direct
observation with no advance notice will occur if:
The laboratory reports to the MRO that a specimen is invalid, and
the MRO reports to Harnett Area Rural Transit System that there
was not an adequate medical explanation for the result;
The MRO reports to Harnett Area Rural Transit System that the
original positive, adulterated, or substituted test result had to be
cancelled because the test of the split specimen could not be
performed;
iii. The laboratory reported to the MRO that the urine specimen was
negative -dilute with a creatinine concentration greater than or equal
48
to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO
reported the urine specimen as negative -dilute and that a second
collection must take place under direct observation (see
§40.197(b)(1)).
iv. The collector observes materials brought to the collection site or the
employee's conduct clearly indicates an attempt to tamper with a
specimen;
v. The temperature on the original urine specimen was out of range
(See §40.65(b)(5));
vi. Anytime the employee is directed to provide another specimen
because the original specimen appeared to have been tampered
with (See §40.65(c)(1)).
vii. All follow -up -tests; or
viii. All return -to -duty tests
H. Urine collections that are required to be directly observed will be conducted by a
person of the same gender as the donor as required by 49 CFR Part 40.67.
Alcohol Testing Procedures:
A. Tests for breath alcohol concentration will be conducted utilizing a National
Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath
Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A
list of approved EBTs can be found on ODAPC's Web page for "Approved
Evidential Breath Measurement Devices". Alcohol screening tests may be
performed using a non -evidential testing device (alcohol screening device (ASD))
which is also approved by NHTSA. A list of approved ASDs can be found on
ODAPC's Web page for "Approved Screening Devices to Measure Alcohol in
Bodily Fluids". If the initial test indicates an alcohol concentration of 0.02 or
greater, a second test will be performed to confirm the results of the initial test.
The confirmatory test must occur on an EBT. The confirmatory test will be
conducted no sooner than fifteen minutes after the completion of the initial test.
The confirmatory test will be performed using a NHTSA-approved EBT operated
by a trained BAT. The EBT will identify each test by a unique sequential
identification number. This number, time, and unit identifier will be provided on
each EBT printout. The EBT printout, along with an approved alcohol testing
form, will be used to document the test, the subsequent results, and to attribute
the test to the correct employee. The test will be performed in a private,
confidential manner as required by 49 CFR Part 40, as amended. The procedure
will be followed as prescribed to protect the employee and to maintain the
integrity of the alcohol testing procedures and validity of the test result.
B. A confirmed alcohol concentration of 0.04 or greater will be considered a positive
alcohol test and in violation of this policy. The consequences of a positive
alcohol test are described in this policy. Even though an employee who has a
confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the
employee shall still be removed from duty for at least eight hours or for the
duration of the work day whichever is longer and will be subject to the
49
consequences described in this policy. An alcohol concentration of less than
0.02 will be considered a negative test.
C. Harnett Area Rural Transit System affirms the need to protect individual dignity,
privacy, and confidentiality throughout the testing process. If at any time the
integrity of the testing procedures or the validity of the test results is
compromised, the test will be canceled. Minor inconsistencies or procedural
flaws that do not impact the test result will not result in a cancelled test.
D. The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be
used for all FTA required testing. Failure of an employee to sign step 2 of the
ATF will be considered a refusal to submit to testing.
Pre -Employment Testing:
All applicants for covered transit positions shall undergo drug testing prior to
performance of a safety -sensitive function.
A. All offers of employment for covered positions shall be extended conditional upon
the applicant passing a drug test. An applicant will not be allowed to perform
safety -sensitive functions unless the applicant takes a drug test with verified
negative results.
B. An employee shall not be placed, transferred or promoted into a position covered
under FTA authority or company authority until the employee takes a drug test
with verified negative results.
C. If an applicant fails a pre -employment drug test, the conditional offer of
employment shall be rescinded and the applicant will be provided with a list of at
least two (2) USDOT qualified Substance Abuse Professionals. Failure of a pre-
employment drug test will disqualify an applicant for employment for a period of
at least one year. Before being considered for future employment the applicant
must provide the employer proof of having successfully completed a referral,
evaluation and treatment plan as described in section 655.62 of subpart G. The
cost for the assessment and any subsequent treatment will be the sole
responsibility of the applicant.
D. When an employee being placed, transferred, or promoted from a non -covered
position to a position covered under FTA authority or company authority submits
a drug test with a verified positive result, the employee shall be subject to
disciplinary action in accordance with this policy.
E. If a pre -employment test is canceled, Harnett Area Rural Transit System will
require the applicant to take and pass another pre -employment drug test.
F. In instances where a FTA covered employee does not perform a safety -sensitive
function for a period of 90 consecutive days or more regardless of reason, and
during that period is not in the random testing pool the employee will be required
to take a pre -employment drug test under 49 CFR Part 655 and have negative
test results prior to the conduct of safety -sensitive job functions.
G. Following a negative dilute the employee will be required to undergo another
test. Should this second test result in a negative dilute result, the test will be
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considered a negative and no additional testing will be required unless directed
to do so by the MRO.
H. Applicants are required (even if ultimately not hired) to provide Harnett Area
Rural Transit System with signed written releases requesting USDOT drug and
alcohol records from all previous, USDOT-covered, employers that the applicant
has worked for within the last two years. Failure to do so will result in the
employment offer being rescinded. Harnett Area Rural Transit System is required
to ask all applicants (even if ultimately not hired) if they have tested positive or
refused to test on a pre -employment test for a USDOT covered employer within
the last two years. If the applicant has tested positive or refused to test on a pre-
employment test for a USDOT covered employer, the applicant must provide
Harnett Area Rural Transit System proof of having successfully completed a
referral, evaluation and treatment plan as described in section 655.62 of subpart
G.
Reasonable Suspicion Testing:
A. All Harnett Area Rural Transit System FTA covered employees will be subject to
a reasonable suspicion drug and/or alcohol test when the employer has
reasonable suspicion to believe that the covered employee has used a prohibited
drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that
there is objective evidence, based upon specific, contemporaneous, articulable
observations of the employee's appearance, behavior, speech or body odor that
are consistent with possible drug use and/or alcohol misuse. Reasonable
suspicion referrals must be made by one or more supervisors who are trained to
detect the signs and symptoms of drug and alcohol use, and who reasonably
concludes that an employee may be adversely affected or impaired in his/her
work performance due to possible prohibited substance abuse or alcohol misuse.
A reasonable suspicion alcohol test can only be conducted just before, during, or
just after the performance of a safety -sensitive job function. However, under
Harnett Area Rural Transit System' authority, a non -DOT reasonable suspicion
alcohol test may be performed any time the covered employee is on duty. A
reasonable suspicion drug test can be performed any time the covered employee
is on duty.
B. Harnett Area Rural Transit System shall be responsible for transporting the
employee to the testing site. Supervisors should avoid placing themselves
and/or others into a situation which might endanger the physical safety of those
present. The employee shall be placed on administrative leave pending
disciplinary action described in this policy. An employee who refuses an
instruction to submit to a drug/alcohol test shall not be permitted to finish his or
her shift and shall immediately be placed on administrative leave pending
disciplinary action as specified in this policy.
C. A written record of the observations which led to a drug/alcohol test based on
reasonable suspicion shall be prepared and signed by the supervisor making the
observation. This written record shall be submitted to the Harnett Area Rural
Transit System
D. When there are no specific, contemporaneous, articulable objective facts that
indicate current drug or alcohol use, but the employee (who is not already a
participant in a treatment program) admits the abuse of alcohol or other
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substances to a supervisor in his/her chain of command, the employee shall be
referred for assessment and treatment consistent with this policy. Harnett Area
Rural Transit System shall place the employee on administrative leave in
accordance with the provisions set forth under this policy. Testing in this
circumstance would be performed under the direct authority of the Harnett Area
Rural Transit System. Since the employee self -referred to management, testing
under this circumstance would not be considered a violation of this policy or a
positive test result under Federal authority. However, self -referral does not
exempt the covered employee from testing under Federal authority as specified
in this policy or the associated consequences.
Post -Accident Testing:
A. Fatal Accidents — A covered employee will be required to undergo drug and
alcohol testing if they are involved in an accident with a transit vehicle, whether
or not the vehicle is in revenue service at the time of the accident, that results in
a fatality. This includes all surviving covered employees that are operating the
vehicle at the time of the accident and any other whose performance could have
contributed to the accident, as determined by the employer using the best
information available at the time of the decision.
B. Non -Fatal Accidents — A post -accident test of the employee operating the public
transportation vehicle will be conducted if an accident occurs and at least one of
the following conditions is met:
a. The accident results in injuries requiring immediate medical treatment
away from the scene, unless the covered employee can be completely
discounted as a contributing factor to the accident.
b. One or more vehicles incurs disabling damage as a result of the
occurrence and must be transported away from the scene, unless the
covered employee can be completely discounted as a contributing factor
to the accident
In addition, any other covered employee whose performance could have
contributed to the accident, as determined by the employer using the best
information available at the time of the decision, will be tested.
As soon as practicable following an accident, as defined in this policy, the transit
supervisor investigating the accident will notify the transit employee operating the
transit vehicle and all other covered employees whose performance could have
contributed to the accident of the need for the test. The supervisor will make the
determination using the best information available at the time of the decision.
The appropriate transit supervisor shall ensure that an employee, required to be
tested under this section, is tested as soon as practicable, but no longer than eight (8)
hours of the accident for alcohol, and no longer than 32 hours for drugs. If an alcohol
test is not performed within two hours of the accident, the Supervisor will document
the reason(s) for the delay. If the alcohol test is not conducted within (8) eight hours,
or the drug test within 32 hours, attempts to conduct the test must cease and the
reasons for the failure to test documented.
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Any covered employee involved in an accident must refrain from alcohol use for eight
(8) hours following the accident, or until he/she undergoes a post -accident alcohol
test.
An employee who is subject to post -accident testing who fails to remain readily
available for such testing, including notifying a supervisor of his or her location if he or
she leaves the scene of the accident prior to submission to such test, may be deemed
to have refused to submit to testing.
Nothing in this section shall be construed to require the delay of necessary medical
attention for the injured following an accident, or to prohibit an employee from leaving
the scene of an accident for the period necessary to obtain assistance in responding
to the accident, or to obtain necessary emergency medical care.
In the rare event that Harnett Area Rural Transit System is unable to perform an FTA
drug and alcohol test (i.e., employee is unconscious, employee is detained by law
enforcement agency), Harnett Area Rural Transit System may use drug and alcohol
post -accident test results administered by local law enforcement officials in lieu of the
FTA test. The local law enforcement officials must have independent authority for the
test and the employer must obtain the results in conformance with local law.
Random Testing:
A. All covered employees will be subjected to random, unannounced testing. The
selection of employees shall be made by a scientifically valid method of
randomly generating an employee identifier from the appropriate pool of safety -
sensitive employees. Individuals who may be covered under company authority
will be selected from a pool of non -DOT -covered individuals.
B. The dates for administering unannounced testing of randomly selected
employees shall be spread reasonably throughout the calendar year, day of the
week and hours of the day.
C. The number of employees randomly selected for drug/alcohol testing during the
calendar year shall be not less than the percentage rates set each year by the
FTA administrator. The current year testing rates can be viewed online at
https://www.transportation.gov/odapc/random-testing-rates.
D. Each covered employee shall be in a pool from which the random selection is
made. Each covered employee in the pool shall have an equal chance of
selection each time the selections are made. Employees will remain in the pool
and subject to selection, whether or not the employee has been previously
tested. There is no discretion on the part of management in the selection.
E. Covered transit employees that fall under the Federal Transit Administration
regulations will be included in one random pool maintained separately from the
testing pool of non -safety -sensitive employees that are included solely under
Harnett Area Rural Transit System authority.
F. Random tests can be conducted at any time during an employee's shift for drug
testing. Alcohol random tests can only be performed just before, during, or just
after the performance of a safety sensitive duty._However, under Harnett Area
Rural Transit System' authority, a non -DOT random alcohol test may be
performed any time the covered employee is on duty. Testing can occur during
the beginning, middle, or end of an employee's shift.
G. Employees are required to proceed immediately to the collection site upon
notification of their random selection.
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Return to Duty Testing:
Harnett Area Rural Transit System will terminate the employment of any employee that
tests positive or refuses a test as specified in this policy. However, in the rare event an
employee is reinstated with court order or other action beyond the control of the transit
system, the employee must complete the return -to -duty process prior to the
performance of safety -sensitive functions. All covered employees who previously
tested positive on a drug or alcohol test or refused a test, must test negative for drugs,
alcohol (below 0.02 for alcohol), or both and be evaluated and released by the
Substance Abuse Professional before returning to work. Following the initial
assessment, the SAP will recommend a course of rehabilitation unique to the individual.
The SAP will recommend the return -to -duty test only when the employee has
successfully completed the treatment requirement and is known to be drug and alcohol -
free and there are no undue concerns for public safety. The SAP will determine whether
the employee returning to duty will require a return -to -duty drug test, alcohol test, or
both.
Follow Up Testing:
Covered employees that have returned to duty following a positive or refused test will be
required to undergo frequent, unannounced drug and/or alcohol testing following their
return -to -duty test. The follow-up testing will be performed for a period of one to five
years with a minimum of six tests to be performed the first year. The frequency and
duration of the follow-up tests (beyond the minimums) will be determined by the SAP
reflecting the SAP's assessment of the employee's unique situation and recovery
progress. Follow-up testing should be frequent enough to deter and/or detect a relapse.
Follow-up testing is separate and in addition to the random, post -accident, reasonable
suspicion and return -to -duty testing.
In the instance of a self -referral or a management referral, the employee will be subject
to non-USDOT follow-up tests and follow-up testing plans modeled using the process
described in 49 CFR Part 40. However, all non-USDOT follow-up tests and all
paperwork associated with an employee's return -to -work agreement that was not
precipitated by a positive test result (or refusal to test) does not constitute a violation of
the Federal regulations will be conducted under company authority and will be
performed using non -DOT testing forms.
Result of Drug/Alcohol Test:
A. Any covered employee that has a verified positive drug or alcohol test, or test
refusal, will be immediately removed from his/her safety -sensitive position,
informed of educational and rehabilitation programs available, and will be
provided with a list of at least two (2) USDOT qualified Substance Abuse
Professionals (SAP) for assessment, and will be terminated.
B. Following a negative dilute the employee will be required to undergo another test.
Should this second test result in a negative dilute result, the test will be
considered a negative and no additional testing will be required unless directed
to do so by the MRO.
C. Refusal to submit to a drug/alcohol test shall be considered equivalent to a
positive test result and a direct act of insubordination and shall result in
termination and referral to a list of USDOT qualified SAPs. A test refusal is
defined as any of the following circumstances:
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a. Fail to appear for any test (except a pre -employment test) within a
reasonable time, as determined by the employer.
b. Fail to remain at the collection site until the testing process is complete.
An employee who leaves the testing site before the testing process
commences for a pre -employment test has not refused to test.
c. Fail to attempt to provide a specimen. An employee who does not provide
a specimen because he or she has left the testing site before the testing
process commenced for a pre -employment test has not refused to test.
d. In the case of a directly -observed or monitored urine collection in a drug
test, fail to permit monitoring or observation of your provision of a
specimen.
e. Fail to provide a sufficient quantity of specimen without a valid medical
explanation.
f. Fail or decline to take an additional test as directed by the collector or the
employer for drug testing.
g. Fail to undergo a medical evaluation as required by the MRO or the
employer's Designated Employer Representative (DER).
h. Fail to cooperate with any part of the testing process.
i. Fail to follow an observer's instructions to raise and lower clothing and turn
around during a directly observed urine collection.
j. Possess or wear a prosthetic or other device used to tamper with the
collection process.
k. Admit to the adulteration or substitution of a specimen to the collector or
MRO.
I. Refuse to sign the certification at Step 2 of the Alcohol Testing Form
(ATF).
m. Fail to remain readily available following an accident.
n. As a covered employee, if the MRO reports that you have a verified
adulterated or substituted test result, you have refused to take a drug test.
D. An alcohol test result of >_0.02 to _< 0.039 BAC shall result in the removal of the
employee from duty for eight hours or the remainder or the work day whichever is
longer. The employee will not be allowed to return to safety -sensitive duty for
his/her next shift until he/she submits to a NONDOT alcohol test with a result of
less than 0.02 BAC.
E. In the instance of a self -referral or a management referral, disciplinary action
against the employee shall include:
a. Mandatory referral for an assessment by an employer approved
counseling professional for assessment, formulation of a treatment plan,
and execution of a return -to -work agreement;
b. Failure to execute, or remain compliant with the return -to -work agreement
shall result in termination from Harnett Area Rural Transit System
employment.
i. Compliance with the return -to -work agreement means that the
employee has submitted to a drug/alcohol test immediately prior to
returning to work; the result of that test is negative; the employee is
cooperating with his/her recommended treatment program; and, the
employee has agreed to periodic unannounced follow-up testing as
described in this policy; however, all follow-up testing performed as
part of a return -to -work agreement required under this policy is
under the sole authority of Harnett Area Rural Transit System and
will be performed using non -DOT testing forms.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol test
shall be considered a direct act of insubordination and shall result in
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termination. All tests conducted as part of the return -to -work agreement
will be conducted under company authority and will be performed using
non -DOT testing forms.
d. A self -referral or management referral to the employer's counseling
professional that was not precipitated by a positive test result does not
constitute a violation of the Federal regulations and will not be considered
as a positive test result in relation to the progressive discipline defined in
this policy.
e. Periodic unannounced follow-up drug/alcohol testing conducted as a result
of a self -referral or management referral which results in a verified positive
shall be considered a positive test result in relation to the progressive
discipline defined in this policy.
f. A Voluntary Referral does not shield an employee from disciplinary action
or guarantee employment with Harnett Area Rural Transit System.
g. A Voluntary Referral does not shield an employee from the requirement to
comply with drug and alcohol testing.
F. Failure of an employee to report within five days a criminal drug statute
conviction for a violation occurring in the workplace shall result in termination.
Grievance and Appeal:
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal
is not subject to arbitration.
Proper Application of The Policy:
Harnett Area Rural Transit System is dedicated to assuring fair and equitable
application of this substance abuse policy. Therefore, supervisors/managers are
required to use and apply all aspects of this policy in an unbiased and impartial manner.
Any supervisor/manager who knowingly disregards the requirements of this policy, or
who is found to deliberately misuse the policy in regard to subordinates, shall be subject
to disciplinary action, up to and including termination.
Information Disclosure:
A. Drug/alcohol testing records shall be maintained by the Harnett Area Rural
Transit System Drug and Alcohol Program Manager and, except as provided
below or by law, the results of any drug/alcohol test shall not be disclosed without
express written consent of the tested employee.
B. The employee, upon written request, is entitled to obtain copies of any records
pertaining to their use of prohibited drugs or misuse of alcohol including any drug
or alcohol testing records. Covered employees have the right to gain access to
any pertinent records such as equipment calibration records, and records of
laboratory certifications. Employees may not have access to SAP follow-up
testing plans.
C. Records of a verified positive drug/alcohol test result shall be released to the
Drug and Alcohol Program Manager, and other transit system management
personnel on a need -to -know basis.
D. Records will be released to a subsequent employer only upon receipt of a written
request from the employee.
E. Records of an employee's drug/alcohol tests shall be released to the adjudicator
in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested
individual arising from the results of the drug/alcohol test. The records will be
released to the decision maker in the proceeding.
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F. Records will be released to the National Transportation Safety Board during an
accident investigation.
G. Information will be released in a criminal or civil action resulting from an
employee's performance of safety -sensitive duties, in which a court of competent
jurisdiction determines that the drug or alcohol test information is relevant to the
case and issues an order to the employer to release the information. The
employer will release the information to the decision maker in the proceeding
with a binding stipulation that it will only be released to parties of the proceeding.
H. Records will be released to the DOT or any DOT agency with regulatory authority
over the employer or any of its employees.
I. Records will be released if requested by a Federal, state or local safety agency
with regulatory authority over Harnett Area Rural Transit System or the
employee.
J. If a party seeks a court order to release a specimen or part of a specimen
contrary to any provision of Part 40 as amended, necessary legal steps to
contest the issuance of the order will be taken.
K. In cases of a contractor or sub -recipient of a state department of transportation,
records will be released when requested by such agencies that must certify
compliance with the regulation to the FTA.
Section 9. Workplace Violence Prevention Polic
Section I. Purpose: Harnett County recognizes that employees are its most important
asset, and that a place of employment reasonably safe from violence is fundamental to
the well-being, health and productivity of our employees and citizens. Therefore,
Harnett County shall use all reasonable efforts to deter the threat of workplace violence
and to provide a safe workplace for employees and citizens.
With this in mind, Harnett County adopts this policy to: (1) define prohibited acts of
violence or threats of violence, (2) to give guidance to Supervisors and Department
Heads in recognizing and reacting to violence or threats of violence, (3) to provide
procedures to deal with violence or threats of violence that may occur during business
hours or on County property, and (4) to provide for review and evaluation of incidents
which may occur.
The County encourages employees to bring their disputes or differences with other
employees to the attention of their Supervisors, Department Heads, or the Human
Resources Director before the situation escalates into potential violence. The County is
eager to assist in the resolution of employee disputes, and will not discipline employees
for raising such concerns.
Section II. Policy Coverage: This policy applies to all Harnett County employees while
in any place related to County employment or anywhere an employee may conduct
County business.
Section III. Violation: Failure to comply with this policy shall be a direct violation of
Harnett County policy and any employee found in violation of this policy shall be subject
to disciplinary actions as addressed in Article IX of the Personnel Ordinance and any
other civil or criminal penalty that may be imposed.
Section IV. Definitions: Workplace violence: Any assaultive act within the workplace
including intentional harassment, physical attack, communicating threats, and/or verbal
57
or written threats of such acts, as well as actions that are perceived as violent or
threatening and which investigation confirms were reasonably interpreted to be violent.
Workplace violence may include, without limitation, stalking, threatening
communications, shoving, kicking, spitting or violation of restraining orders. Workplace
violence may be:
A. Violence against an employee where a stranger to the workplace threatens or
commits violence.
B. Violence against an employee where a client or customer threatens or commits
violence.
C. Violence between employees, including against a Supervisor or Department
Head.
D. Any form of domestic violence involving employees. This may include spouses or
domestic partners coming to the work site.
Threatened violence: The legally unjustified threat of imminent or future force, or of
imminent or future physical injury on another, under circumstances where the intention
or ability to carry out the threat appears reasonably credible or reasonably puts a
person of reasonable fortitude in fear of imminent harm.
Threat: An avowed or apparent present determination or intent to injure presently or in
the future, whether or not subject to a contingency under the maker's control.
Violence Incident Report: A form used by the County that is to be completed for all
reported occurrences of violence and/or threats of violence within the scope of this
policy.
Incident Assessment Team: A team that consists of the County Manager, the Human
Resources Director, and the Staff Attorney.
Employer Workplace Violence Restraining Order: An order obtained pursuant to the
provisions of NCGS §95-23.
Section V. Violence Prevention Strategies: Each County agency or department shall
familiarize all employees with this policy by prominently displaying it within each County
agency or department.
Each County agency or department shall periodically review or, alternatively, request
the Sheriff's Office to review, security measures for work areas and any incident reports
of threatened or actual violence.
The Incident Assessment Team shall be appropriately trained to handle and deal with
any acts of violence or threats of violence that comes before it. They also shall
determine the proper intervention for each reported threat.
Harnett County shall provide Supervisors and Department Heads with training in
violence prevention and employment techniques.
Harnett County will provide all County employees with an initial orientation to this policy.
Supervisors and Department Heads shall promptly report any valid threat to the Incident
Assessment Team.
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Nothing in this section shall deter any employee from immediately notifying law
enforcement to protect lives and property.
If a Supervisor or Department Head becomes aware of a threat of imminent danger of
violence toward an employee, he or she shall immediately notify that employee of the
potential danger and do everything in his power to keep the employee from injury.
The Incident Assessment Team shall manage the response from the time of notification
until the threat no longer exists.
The Incident Assessment Team shall consider various levels of response, which may
include, but not be limited to, no response, giving the target an administrative day off or
otherwise removing the target from work site, altering the predictable routines of the
target, reducing possible interactions with the suspect, trespassing the suspect from the
work site, seeking an employer workplace violence restraining order, referral to law
enforcement for investigative follow-up, and/or referral to law enforcement for incident
response and intervention ( including possibly for arrest and charge of a criminal
offense).
Section VI. Responsibilities of Supervisors, Department Heads, & Administrators:
All Supervisors, Department Heads, and Administrators shall:
A. Support the County's Workplace Violence Prevention Policy and encourage work
environments that are reasonably safe from violence, threats of violence, or
harassing/aggressive behavior.
B. Inform employees on a periodic basis of the County's workplace violence
prevention policies and procedures.
C. Be responsible for anticipating or detecting imminent acts or threats of violence.
D. Determine if patterns or changes in an employee's behavior appear to be
threatening or have a potential for violence, and, if so, should address such a
matter in private, constructive, and supportive counseling sessions with the
employee. If appropriate, referral may be made to the Human Resources Director
for acts which appear to threaten workplace violence.
E. Refer any cases of frequent displays of intense anger resulting in recurrent
suicide threats, recurrent physical confrontations and/or fights, destruction of
property, or use of weapons to harm others to the Human Resources Director
immediately.
F. Upon receiving a complaint or notice of workplace violence, or upon reasonably
believing that such acts or behaviors are occurring, promptly notify the Incident
Assessment Team. If the threat is immediate, proper law enforcement and
security authorities should be notified.
G. Take all threats seriously until otherwise proved.
Section VII. Employee Reporting Procedures: Any employee who experiences or
witnesses any acts, conduct, behavior or communication in violation of this policy must
first secure his or her own safety and then immediately contact his or her Supervisor or
Department Head. If the Supervisor or Department Head is alleged to have committed
the reported act, the report shall be made to the Human Resources Director. If the
threat of violence is imminent, law enforcement shall be contacted.
A County employee should not place him or herself in peril or danger. If he or she sees
or hears a commotion or disturbance near a workstation, he or she should not try to
intercede or handle the violent or potentially violent situation.
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Any individual that: (1) was reported to have threatened or committed a violent act, (2)
has committed a violent act, or (3) made direct threats of a future violent act may be
removed from the County work site until an investigation has been completed. At the
end of the investigation, the Incident Assessment Team shall determine the County's
official response. In the interim, the County may take measures and respond as
appropriate under the circumstances to maintain the continuity of County operations
and assure workplace safety.
Harnett County will not retaliate against an employee for good faith reporting of
instances of workplace violence.
Employees who reasonably are aware of or have information pertinent to workplace
violence but do not report it as provided in this policy may be subject to disciplinary
actions as addressed in Article IX of the Personnel Ordinance.
Section VIII. Post -Incident Procedures: After an act of violence or threat of violence has
occurred, the Supervisor or Department Head shall complete a Workplace Violence
Incident Report describing the threats and/or acts of violence, and shall include the
names and telephone numbers of any employees involved as well as physical
descriptions of anyone who engaged in threatening and or violent conduct. The
Workplace Violence Incident Report shall be filed with the Human Resources Director,
with copies sent to the County Manager and the County Staff Attorney.
The Incident Assessment Team may, as appropriate, offer debriefing sessions to all
personnel affected. Additionally, other specialized resources, such as community
mental health programs, should be used as appropriate.
Section IX. Media Issues: Requests by the media for information regarding an act or
threat of violence should be directed to the County Manager. Such requests should not
be directed to or responded to by any other employee.
Section X. Training: The best defense to workplace violence is employees who are well
trained and educated. Training on workplace violence prevention shall be offered
periodically for all Supervisors, Department Heads, and Administrators during normal
working hours. Such training should include a review and definition of workplace
violence, an explanation and description of the County program, techniques for
recognizing potential violence, policies and work environment arrangements to reduce
risk to employees, appropriate responses to violence incidents, obtaining emergency
assistance, and procedures for reporting and investigating incidents.
Section 10. Emergency Operations
In the event of a natural or man-made disaster, the County Manager and the BOC
reserves the right to close all County offices, but still require County employees,
essential and non -essential, to report to work to assist with any necessary emergency
operations.
Those employees required to work during a natural or man-made disaster will be
compensated in accordance with Article VI, Section 14 of this policy.
.E
Any employees who are required to work under the direction of the Emergency
Operations Center Director during an emergency or natural disaster will be
compensated in accordance with Article III, Section 18 of this policy.
Section 11. Performance Evaluations
A performance evaluation is an annual review in which an employee's overall job
performance is evaluated by his or her Supervisor and/or Department Head. Each
County employee should undergo a formal performance evaluation conducted by his or
her Supervisor and/or Department Head on at least an annual basis. This evaluation
should be conducted around the employee's yearly anniversary date based on the
employee's most recent date of employment with the County.
The purpose of the performance evaluation is to provide a mechanism for
communication between Supervisors, Department Heads, and employees, to evaluate
strengths and weaknesses, and to set future goals. All performance evaluations should
be completed with impartiality.
Performance evaluations may be used as evidence to support an employee's raise or
promotion or to justify an adverse action being taken against the employee. Completed
evaluations should be submitted to Human Resources and placed in the employee's
personnel file, and are subject to the rules and regulations addressed in Article XII of
this policy.
Performance evaluations should be completed in a timely manner with any resulting
salary increases submitted via the Personnel Action process as soon as possible
following the employee's anniversary date. In no situation should a performance
evaluation be completed or resulting salary increase be submitted more than six
months after an employee's corresponding anniversary date unless the employee is not
present to be reviewed. The timely completion of performance evaluations and
submittal of salary increases is the responsibility of an evaluated employee's
Supervisor and ultimately of the Department Head. Failure to complete performance
evaluations and submit resulting salary increases in a timely manner should be
reflected in the performance evaluation of the Supervisor completing the evaluation and
the Department Head.
Section 12. Tobacco Use Poli
The use of tobacco products are prohibited in: (1) any building owned, leased, or
occupied by the County, (2) on any grounds that are owned, leased or occupied by the
County, and (3) within fifty (50) feet of buildings owned, leased or occupied by the
County.
Section 13. Uniform Polic
If you are occupying a position that requires the wearing of a Harnett County furnished
uniform, the County will clean and maintain the uniforms through a contract service.
However, employees are responsible for turning in soiled uniforms and getting the
equivalent quantity and type (shirts and trousers) back from the vendor that are turned
in. Employees are responsible for inspecting all uniforms cleaned by the vendor and if
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the vendor shorts or damages assigned uniform, supervisors are to be notified
immediately.
Upon termination or a change to position that does not require uniforms, employees
must turn in all assigned uniforms. Damages beyond normal fair wear and tear, as
determined by your supervisor, and shortages will be charged to you at the cost of
replacement items. If not paid for or returned beforehand, all shortages or damages will
be charged to the employee.
Section 14. Reasonable Accommodation Poli
It is the policy of Harnett County to provide equal opportunity in all aspects of
employment for qualified individuals with disabilities, pregnancy, childbirth, or related
medical conditions, and sincerely held religious beliefs and practices consistent with all
federal and state laws. This is in accordance with the Americans with Disabilities Act
(ADA), as amended by the ADA Amendments Act, the Pregnant Workers Fairness Act,
Title VII of the Civil Rights Act, and all other applicable federal and state laws.
Consistent with this commitment, the County provides reasonable accommodations in
employment to qualified applicants and employees if the reasonable accommodation
would allow the individual to perform the essential functions of the job, unless doing so
would create an undue hardship.
Requesting a Reasonable Accommodation: If any employee believes they need an
accommodation, they are responsible for requesting a reasonable accommodation from
the Human Resources Department. The request may be made orally or in writing. The
County encourages employees to make their request in writing and should include
relevant information, such as:
• A description of the accommodation.
• The reason for the accommodation.
• How the accommodation will help the employee perform the essential functions
of their job.
The County will keep confidential any medical information obtained in connection with
the request for a reasonable accommodation. After receiving the oral or written request,
the County will engage in an interactive dialogue with the employee to determine the
precise limitations and explore potential reasonable accommodations that could
overcome those limitations. The County encourages employees to suggest specific
reasonable accommodations that they believe would allow them to perform their job.
However, the County is not required to make the specific accommodation requested
and may provide an alternative effective accommodation, to the extent any reasonable
accommodation can be made without imposing an undue hardship on the County.
No Retaliation: Individuals will not be retaliated against for requesting an
accommodation in good faith. The County expressly prohibits any form of discipline,
reprisal, intimidation, or retaliation against any individual for requesting an
accommodation in good faith. If employees or applicants feel that they or someone else
may have been subjected to conduct that violates this policy, they should report it
immediately to the Human Resources Department.
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Section 15. Lactation Break Policy
All employees who are nursing are eligible to take reasonable breaks under this policy
to express breast milk for up to one year after the birth of a child. Harnett County
encourages all eligible employees who intend to take breaks under this policy to notify a
Supervisor, Department Head, or the Human Resources Department of their intent, for
example, when they are discussing their return to work following leave relating to the
birth of a child or related medical conditions to the birth of a child.
Lactation Breaks: Eligible employees may take a reasonable amount of break time to
accommodate the employee's need to express breast milk for the employee's nursing
child. Eligible employees should notify their Supervisor or their Department Head of the
frequency, timing, and duration of lactation breaks they need to take. Eligible employees
will be provided with a private place, other than a bathroom, that is shielded from view
and free from intrusion from other employees and the public. Employees should contact
their Supervisor, Department Head, or the Human Resources Department for
information about the designated location for lactation breaks in closest proximity to
their work area.
Compensation During Breaks: Lactation breaks under this policy are unpaid unless an
employee uses paid break time that is granted to other employees in the department.
Employees who use their paid break time to express breast milk should let their
Supervisor or the Department Head know and will be compensated accordingly.
Employees who are required to record time must accurately record the start and end of
lactation breaks on their time sheets or clock in and out for their lactation breaks in
accordance with their department's timekeeping policy when they are taking unpaid
lactation breaks to express breast milk. Uninterrupted lactation breaks do not count as
hours worked. If an employee takes an unpaid break, the employee may use accrued
sick, vacation, petty leave, or compensatory time or may make up the time as
negotiated with their Supervisor or Department Head.
Administration of This Policy: The Human Resources Department is responsible for the
administration of this policy. For any questions regarding this policy or questions about
lactation breaks that are not addressed in this policy, please contact the Human
Resources Department.
Employees who believe they have been subjected to any conduct that violates this
policy should promptly contact the Human Resources Department, who will ensure that
a prompt investigation is conducted and take prompt corrective action, if appropriate.
No Retaliation: The County expressly prohibits any form of discipline, reprisal,
intimidation, retaliation, or discrimination against any individual for requesting or taking
lactation breaks, or filing a complaint for violations of this policy, the Fair Labor
Standards Act, or applicable state law. Harnett County is committed to enforcing this
policy and prohibiting retaliation against employees who request or take break time
under this policy, or who file a related complaint. If employees feel that they or someone
else may have been subjected to conduct that violates this policy, they should report it
immediately to the Human Resources Department.
ARTICLE VI. LEAVES OF ABSENCE
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Section 1. Introduction
Harnett County wishes to provide County citizens and employees with a safe, efficient,
and productive County. In order to provide such a service, the County offers the
following leaves of absence for use by County employees, as long as activities
conducted during any leave of absence are not directly contrary to the County mission.
County employees are, however, cautioned not to retain excess accumulations of
leave time in hopes to use these accumulations late in the calendar year. During the
holiday season, the County must remain open, so the County may not allow multiple
employees leave for extended periods of time during this busy season.
All leave granted to employees by the County is given with the understanding that this
leave is not a right, but a privilege that may only be used with permission. All
employees should submit any form of leave they wish to take to the appropriate
authority for consideration no later than 1 workday before a leave is to be taken. In
emergency situations an employee should submit any form of leave they wish to take
no later than 2 hours before the start of the workday.
Section 2. Holida
The following days, and any others that the BOC may designate, are considered
holidays with pay for any full-time County employees or Administrator working within the
confines of the established Harnett County workweek. The amount to be paid to each
employee for every holiday is described below. Whatever day the holiday falls on shall
be observed as a paid holiday off by the County. When, however, a holiday (other than
Christmas Day) falls on a weekend, Friday shall be the County's observed holiday.
Holiday
Number of Days Off
New Year's Day
1
Martin Luther King, Jr.'s Birthday
1
Good Friday
1
Memorial Day
1
Juneteenth
1
Independence Day
1
Labor Day
1
Veterans Day
1
Thanksgiving
2
Christmas
3
Christmas Holiday Schedule: When Christmas Day falls on any of the following days of
the week, the County shall observe the following:
Christmas Day Falls On:
Days Off Include:
Monday
Monday, Tuesday, & Wednesday
Tuesday
Monday, Tuesday, & Wednesday
Wednesday
Tuesday, Wednesday, & Thursday
Thursday
Wednesday, Thursday, & Friday
Friday
Wednesday, Thursday, & Friday
Saturday
Friday, Monday, & Tuesday
Sunday
Friday, Monday, & Tuesday
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Religious Observances: Harnett County, in reverence of citizens' First Amendment
rights, shall make every reasonable effort to accommodate an employee's request to be
away from work for certain religious holiday observances; however, nothing shall
obligate the County to make accommodations if, in accommodating the request, it would
result in undue hardship on the County or other County employees. Such a request will
not be granted if it (1) creates a risk to the health and safety of other employees, (2)
causes undue expense to the County, (3) causes hardship on the scheduling and work
of other County employees, and (4) creates an unnecessary division among employees.
Termination: Any County employee that is terminating, is terminated, or resigns on a
holiday will not be paid for that holiday, unless they physically work the holiday.
Effects on Other Types of Paid Leave: Holidays which occur during an employee's use
of any amount of their accumulated leave shall not be charged against them as part of
that accumulated leave.
Compensation for Holidays:
A. Full-time employees, who work a regular 40-hour workweek, will be
compensated eight (8) hours of paid time for each day off for any of the
holidays above.
B. Full-time employees on the four day — 10-hour per day — workweek will be
compensated eight (8) hours of paid time for each day off for any of the
holidays above. To recover the missing two (2) hours, such an employee must
take two (2) hours of their accumulated leave.
C. Full-time employees who work on rotating shifts will be compensated eight (8)
hours of paid time for any of the holidays above.
D. Full-time employees who work a nine (9) hour rotation shift will be off the
recognized County holiday and will be compensated eight (8) hours of paid
time. To recover the missing one (1) hour, such an employee must take one
(1) hour of their accumulated leave.
E. Employees who are on approved Leave Without Pay (LWOP) or suspended
without pay in accordance with Article VIII Section 1 will not be compensated
for a holiday that takes place during this type of leave or suspension.
Compensation for Holidays Worked:
A. Full-time employees, who work a regular 40-hour workweek, that are required
to work on a regularly scheduled holiday will earn eight (8) hours of time for
each day off for any of the holidays above, along with compensatory time off
equal to the hours worked based on their status under the FLSA.
B. Full-time employees on the four day — 10-hour per day — workweek that are
required to work on a regularly scheduled holiday will earn eight (8) hours of
time for each day off for any of the holidays above, along with compensatory
time off equal to the hours worked based on their status under the FLSA.
C. Full-time employees who work on rotating shifts which work on a recognized
County holiday, regardless of what day said holiday falls on, will be
compensated eight (8) hours of paid time for any of the holidays above in
addition to their regular shift compensation.
D. If time off cannot be provided, the County Manager may approve monetary
compensation for any holiday(s) worked.
E. Full time employees who work a nine (9) hour rotation shift on the recognized
County holiday will be paid the standard eight (8) hours of holiday pay and paid
for any hours worked.
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Termination: Any employee who has accumulated holiday leave, upon complete
termination, shall be paid for all unused holiday time.
Section 3. Vacation Leave
Use for Full Time Employees: Vacation leave may be used at any time by any
employee as earned with the approval of the appropriate Supervisor, Department
Head, or County Manager. However, certain Supervisors, Department Heads, or
County employees, as designated by the County Manager, must take at least five (5)
consecutive workdays of accrued vacation leave per calendar year.
Use for Probationary Employees: Those employees under a probationary period may
not use their accumulated vacation time until the probationary period is over unless
special circumstances exist and an exception is approved. However, employees
serving a probationary period following a promotion may use any previously accrued
vacation leave during the probationary period with the approval of the appropriate
Supervisor, Department Head, or County Manager.
Manner of Accumulation: The following charts details the manner in which vacation
leave shall be accumulated by all full-time County employees. Years of service with
other North Carolina governmental agencies and North Carolina counties, may be
considered and may be transferred from the employee's last place of employment
immediately prior to their employment with the County.
Full -Time 40 Hour Workweek Employees
Years of Service
Hours Accrued
Monthly
Days Accrued
Annual
Less than 2
6.67
10
At least 2 but less than 5
8.00
12
At least 5 but less than
10
10.00
15
At least 10 but less than
15
12.00
18
At least 15 but less than
20
14.00
21
20 or more 1
16.00 124
Sheriffs 42.75 Employees
Years of Service
Hours Accrued
Monthly
Hours Accrued
Annual
Less than 2
7.13
85.6
At least 2 but less than 5
8.56
102.72
At least 5 but less than
10
10.70
128.4
At least 10 but less than
15
12.84
154.08
M.
At least 15 but less than
20
14.98
179.76
20 or more
17.12
205.44
Emergency Services 24 Hour Shift Employe s
Years of Service
Hours Accrued
Monthly
Hours Accrued
Annual
Less than 2
8.87
106.4
At least 2 but less than 5
10.64
127.68
At least 5 but less than
10
13.30
159.6
At least 10 but less than
15
15.96
191.52
At least 15 but less than
20
18.62
223.44
20 or more
21.28
255.36
EMS (9 Hour Shift Employees)
Years of Service
Hours Accrued
Monthly
Hours Accrued
Annual
Less than 2
7.50
90.05
At least 2 but less than 5
9.00
108.00
At least 5 but less than
10
11.25
135.00
At least 10 but less than
15
13.50
162.00
At least 15 but less than
20
15.75
189.00
20 or more
18.00
216.00
Maximum Accumulation: There is no limit to the amount of vacation leave an employee
may accumulate before July 15 of each fiscal year. On July 15, however, any employee
with more than 240 hours of accumulated leave shall have the excess amount
transferred to sick leave. The remaining 240 hours of vacation time will transfer over
beginning on August 1. Also, an employee who retires (who wish to do so) may roll all
accrued vacation in excess of 240 hours into sick leave on their last day of employment,
regardless of the month in which they retire.
Repayment of Vacation Leave: Voluntary Departure: Any employee who retires or
otherwise voluntarily ceases his or her service to the County without failure in the
performance of his or her job duties or unsatisfactory personal conduct shall be paid for
his or her accumulated vacation leave not to exceed 240 hours.
Repayment of Vacation Leave: Involuntary Departure: Any employee who is
involuntarily dismissed from their position with the County or otherwise quits because of
his or her failure in the performance of his or her job duties and responsibilities or
unsatisfactory personal conduct, in the discretion of the County Manager, shall or shall
not be reimbursed for their accumulated vacation leave.
DIVA
Repayment of Vacation Leave: Upon Employee's Death: The estate of a County
employee who dies while in the service of the County shall be entitled to repayment for
all of his or her accumulated vacation leave at the time of death except for those hours
donated by other employees under the County's Shared Leave Policy as expressed in
Article VI, Section 8.
Section 4. Sick Leave
Use: Sick leave shall be used and granted to County employees for:
A. Any absence that is approved as a qualifying event under the Family and
Medical Leave Act ("FMLA")
B. Employee sickness or bodily injury
C. Exposure to or infection with a contagious disease.
D. Required physical, dental, or mental examination or treatment
E. An illness or medical appointment of an employee's spouse, child, parent, or
parent -in-law that requires the presence of the employee
Physician Certification: A Supervisor, Department Head, or County Manager may
require an employee to provide 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.
Manner of Accumulation: The following charts details the manner in which sick leave
shall be accumulated by all full-time County employees. An employee may transfer
sick leave from other North Carolina governmental agencies, and North Carolina
counties, provided that verification of that accumulated sick leave is received from the
previous employer and that the employee was not reimbursed for these days.
However, sick leave may only be transferred from the employee's last place of
employment immediately prior to their employment with the County.
Sick Hours Accrual Month/Year
Type of Employee (Workweek)
Hours Accrued
Monthly
Hours Accrued
Annual
Regular (40 Hour)
8.00
96.00
Sheriff (42.75)
8.56
102.72
Emergency Services (24 Hour Shift)
10.64
127.68
EMS (9 Hour Shift)
9.00
108.00
Maximum Accumulation: There is no limit to the amount of sick leave an employee may
accumulate while in the service of the County.
Repayment of Sick Leave: Involuntary Departure: If an employee is dismissed,
terminated, or involuntarily resigns, any sick leave owed to the County shall be
deducted from the employee's final compensation.
Repayment of Sick Leave: Voluntary Departure: Any employee who voluntarily ceases
his or her service to the County without failure in the performance of his or her job
duties and responsibilities is entitled to have their accrued sick leave transferred to their
next place of employment or retained in the Harnett County Human Resources system
for up to three years in case an employee returns to the service of the County.
.:
Repayment of Sick Leave: Retirement: Any employee who retires from their
employment with the County and is a member of the North Carolina Local Government
Employee's Retirement System shall have their accrued unused sick leave transferred
into months of retirement credit. For each twenty (20) days an employee has accrued of
sick leave they shall receive one (1) month of retirement credit.
Repayment of Sick Leave: Death: Any employee who dies while in service to the
County is not entitled to repayment for his or her accumulated sick leave, however,
hours donated by other employees under the County's Shared Leave Policy, as
expressed in Article VI, Section 8, shall be returned to the donating employees.
Section 5. Petty Leave
All full-time County employees shall be allowed fourteen (14) hours per year of petty
leave each calendar year. Employees may only use this leave beginning with the
February 161h payroll through December 15th of each calendar year. If an employee is
hired after January 1 they will receive petty leave on a prorated basis. These fourteen
(14) hours are over and above any other leave an employee may accrue while in the
service of the County. Petty Leave, therefore, may be used in conjunction with any other
type of leave, but may only be used in increments of fifteen (15) minutes up to a
maximum of three (3) hours at one time. Petty leave may only be taken with the
approval of a Supervisor, Department Head, or County.
Section 6. Bereavement Leave
The Bereavement Leave Policy, effective 7/1/19, establishes uniform guidelines for
providing paid time off to employees for absences related to the death of immediate
family members and fellow employees or retirees of Harnett County.
All full-time, active employees are eligible for benefits under this policy. This leave will
be available on a calendar year basis from January through December. This leave will
not carry forward from year to year and therefore is not payable upon termination of
employment if not used.
An employee who wishes to take time off due to the death of an immediate family
member should notify his or her supervisor as soon as possible prior to using
bereavement leave. At the discretion of the employee's supervisor or department head,
verification for use of bereavement leave may be required.
Paid bereavement leave will be granted according to the following schedule:
• Employees may use a maximum of three consecutive workdays of bereavement
leave per loss for the death of an immediate family member; which includes wife,
husband, mother, father, brother, sister, daughter, son, grandmother,
grandfather, grandson, granddaughter, aunts and uncles. Also included are
step-, half-, in-law, and loco parentis relationships.
• Bereavement leave will be capped at six workdays per calendar year.
Additionally, an employee may use any available leave for additional time off as
necessary, with their supervisor's approval.
• Employees will be allowed up to four hours of bereavement leave to attend the
funeral of a fellow regular employee or retiree of the County, provided such
absence from duty will not interfere with normal operations of the department.
Section 7. Leave Without Pa
Use: Any full-time County employee may be granted leave without pay for up to one
(1) year by the appropriate Supervisor, Department Head, or the County Manager
through the use of the Leave Without Pay Form found in Appendix B of this
Ordinance. Such leave may be used for reasons of prolonged personal illness,
prolonged illness of an immediate family member, personal disability, after all other
forms of accrued leave have been exhausted, personal educational needs, special
work or ongoing classes that will benefit the County, or for other reasons deemed
appropriate by the County Manager.
Returning to Work: Any employee who is granted leave without pay is obligated to
return to duty within, or at the end of, the time determined appropriate by the granting
Supervisor, Department Head, or County Manager, unless an extension has been
requested and approved. Upon returning, the employee shall be entitled to return to
the same position he or she held at the time leave was granted or to one of like
classification, seniority and pay.
Failure to Return to Work: Failure of an employee to report to work once their leave
has expired shall be considered a resignation.
Retention and Continuation of Benefits: Any employee who takes leave without pay
ceases to accrue any form of leave addressed in Article VI of this policy. However, an
employee must work at least half of the employee's regular monthly schedule to
accrue leave. For all non-FMLA leave without pay, employee health and dental
insurance benefits will be paid by the County while the employee is on leave if the
employee works at least half of their regular monthly schedule. If an employee works
less than half of their regular monthly schedule, then the employee shall be
responsible for their health and dental insurance premiums. Regardless of the amount
of time worked during the month, an employee will be responsible for all other policies
and dependent coverage premiums while on leave without pay. Employee responsible
premiums will be deducted from the employee's pay or, if no pay is received, billed to
the employee. If the employee is billed, the employee shall be responsible for paying
their premiums by the due date on the invoice. Employees who do not pay their
premiums by the due date shall have their coverage canceled. If health and dental
coverage of the affected employee is canceled for non-payment, coverage will be
reinstated upon returning to work. Unpaid premiums will be deducted, unless the
employee pays all outstanding premiums in full upon returning to work. If any policies,
other than the employee's health and dental coverage, and dependent coverage are
canceled for non-payment, the employee will be eligible to re -enroll during the next
open enrollment period.
Section 8. Shared Leave Polic
Purpose: The Harnett County Shared Leave Policy provides an opportunity for
County employees to assist one another in times of need when an employee may
have to be absent from work for a prolonged period of time resulting in loss of income
due to a lack of accumulated leave. Therefore, any full-time County employee may
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donate accrued leave, as outlined in this section, to an employee who has been
approved to receive voluntary shared leave due to a medical condition of the
employee or of a member of the employee's immediate family that causes an
employee to exhaust all paid leave and compensatory time and will require the
employee's absence for a prolonged period of time. The Shared Leave program is not
a right but a privilege offered by the County and is subject to denial. Denial of
participation in the Shared Leave program is not a grievable or appealable
occurrence.
Covered Employees: Any full-time County employee who has completed their new -
hire probationary period is eligible to donate leave or receive donated leave.
Temporary and part-time employees are not eligible for shared leave.
Qualifying to Receive Leave: In order to receive shared leave, a covered employee
must have complied with existing leave rules and:
A. Have a prolonged medical condition that results in an absence from work for 20
consecutive days or more or have an immediate family member that has a
medical condition that requires an employee's absence from work for 20
consecutive days or more. Prolonged medical condition includes pregnancy
complications or delivery complications where the complication results in an
absence from work for 20 consecutive days or more,
B. Apply for and follow procedures for FMLA,
C. Apply for Shared Leave,
D. Produce medical evidence to support the need for leave beyond the available
accumulated leave, and
E. Upon review of the Shared Leave Application and accompanying medical
evidence, be approved by the County to participate in the program.
Non -qualifying Reasons: Any employee or immediate family member experiencing,
undergoing, or receiving the following is ineligible to participate:
A. Short term or sporadic conditions or illnesses that require an absence from work
for less than 20 consecutive days,
B. Elective Surgery,
C. Pregnancy and childbirth where there are no complications that require a
covered employee to be absent from work for 20 consecutive days or more, or
D. Worker's Compensation benefits.
The Application Process:
Any full-time employee who wishes to request leave through the Shared Leave Policy
must submit an Application to Receive Shared Leave Form provided by the Human
Resources Department at www.Harnett.org or found in Appendix B of this Ordinance.
A. This form must be submitted to the appropriate Supervisor or Department Head
who shall review the merits of the request and forward it to the Human
Resources Department with a recommendation for approval or disapproval.
B. The Human Resources Department will further review the request with an
Employee Shared Leave Committee. The Committee and Human Resources
Director will make a recommendation to the County Manager.
C. The County Manager shall approve or deny all requests for receipt of shared
leave and shall determine the length of the leave, not to exceed the employee's
or family member's period of treatment and recovery.
D. Once approved, the Human Resources Department shall advise all county
employees regarding the request for shared leave.
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E. Direct solicitation of employees for shared leave donations by the employee
requesting shared leave is not permitted under any circumstances.
The Donation Process:
A. Any employee who wishes to donate a specified number of hours from their
vacation leave or compensatory time to an employee requesting shared leave
must complete the Shared Leave Donation Form provided by the Human
Resources Department at www.Harnett.org or found in Appendix B of this
Ordinance.
B. This form must be submitted to his or her Department Head who shall forward it
to the Human Resources Department within the time period specified.
C. Any employee donating leave may elect to donate a minimum of four (4) hours of
their vacation leave or compensatory time up to any amount that would not drop
his or her total accrued leave balance below 80 hours. A donating employee,
however, may not donate more leave than he or she could earn in a year.
D. Any donated leave will convert into sick leave for the employee requesting
shared leave, is taxable, and will be added to the recipients W-2 as income.
E. Once leave is donated and transferred to the receiving employee, any leave not
used shall be returned to all donating employees on a pro-rata basis.
Limitations & Restrictions:
A. The donated amount of shared leave will only be utilized after all other sources of
the recipient's own leave have been completely exhausted.
B. A donating employee may not receive any form of compensation for the
donation of leave from the County or the employee requesting shared leave.
Acceptance of remuneration for donated leave shall be grounds for disciplinary
action as addressed in Article IX.
C. No employee may directly or indirectly intimidate, threaten, coerce, or attempt
to intimidate, threaten, or coerce any other employee for the purpose of
interfering with any right a County employee may have with respect to
donating, receiving, or using leave under this program. Such action shall be
grounds for disciplinary action as addressed in Article IX.
D. County employees may not donate to or receive leave from family members
employed in other local governments or State agencies, institutions,
community colleges, or technical institutes.
E. Full-time employees who regularly work a 40 hour workweek or ten (10) hour
shifts may receive a maximum of 480 hours of donated leave. Full-time
employees who regularly work nine (9) hour or twelve (12) hour shifts shall be
eligible to receive a maximum of 540 hours of donated leave. Full-time
employees who regularly work 24 hour shifts shall be eligible to receive a
maximum of 720 hours of donated leave. All maximums outlined in this
subsection shall apply to the 12-month period following approval of an
employee's participation in the shared leave program.
F. Shared Leave may not be used to extend an employee's time in leave status
beyond one year from their last date worked or beyond the time necessary for
an employee or family member to be treated and recover.
G. Individual employee leave records are confidential and are subject to the
regulations found in Article XII.
H. County employees should not reveal their donated leave amounts to the
recipient of shared leave or to other employees.
I. Donated leave shall not be claimed for reimbursement under current
subrogation law. The County of Harnett shall not report paid donated leave as
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reimbursable to an attorney representing a County employee in a third party
subrogation claim.
Retention and Continuation of Benefits: Any employee who receives shared leave
continues to accrue any form of leave addressed in Article VI, receives any salary
increases or bonuses for which he or she would have otherwise been eligible, and
may continue to be eligible for benefits under the County's group insurance plans.
Accounting and Usage Procedures: The Human Resources Department is responsible
for the establishment and maintenance of a system of leave accountability that will
accurately record leave donations and recipient's use. Such accounts shall provide a
clear and accurate record for financial and management audit purposes. Such a system
should include the following:
A. Maintaining a list of all donating employees and the hours donated by each
B. Adequate and prompt notification of any donated leave, the amounts of that
donated leave, and when leave is granted to the recipient and the Finance
Department
C. Notification of actual leave deductions to the donating employees and the
Finance Department.
D. A donating employee will receive their pro rata share of any unused donated
leave upon a qualifying employee's return to work.
Section 9. Workers' Compensation Leave
Note: The following section is covered by the North Carolina Workers Compensation
Act ("NCWCA") found at NCGS §97. If any discrepancies between this section and
the NCWCA should surface, the NCWCA shall control.
Any full-time County employee absent from duty because of sickness or disability
covered by the NCWCA may receive workers' compensation benefits and elect to
use their accumulated leave as a supplemental payment for the difference between
their regular salary and the payments received under the NCWCA.
Employee Instructions: To ensure that a sick, injured, or disabled employee will
receive all their available benefits, the following instructions should be followed.
A. Emergency Situation:
1. If an injury occurs while on the job and said injury results in an
emergency situation, 911 should be contacted for medical assistance
and transport to the nearest medical facility. The employee, however, is
still responsible for notifying the appropriate Supervisor or Department
Head and completing a Workers' Compensation Leave Form & Injury
Investigation Report Form provided by the Human Resources
Department at www.Harnett.org or found in Appendix B of this
Ordinance.
2. If treatment is required at the emergency care provider, the injured
employee should not provide his or her current County health insurance
card. The employee instead should inform his or her caretakers that his
or her injury should be filed to workers' compensation.
3. If the injury occurs after normal County hours as explained above in
Article V, Section 2, the employee's social security number will be used
as a temporary claim number until Human Resources can file a
workers' compensation claim and receive an appropriate claim number.
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B. Non -Emergency Situation:
1. If an injury occurs while on the job and said injury does not result in an
emergency situation, but medical treatment is still required, an
employee should seek treatment from:
Lillington Medical Services
7 East Duncan St.
Lillington, NC 27546
(910) 893-2641
2. If, for any reason other than a medical emergency, an employee is
unable to receive treatment at the Lillington Family Medical Center, he
or she should contact the Human Resources Manager.
3. Despite injury the employee is still responsible for notifying the
appropriate Supervisor or Department Head and completing a Workers'
Compensation Leave Form & Injury Investigation Report Form.
C. Prescriptions:
1. If, after treatment, release, and the completion of a Workers'
Compensation Leave Form & Injury Investigation Report Form, an
employee needs a medical prescription filled, the employee may go to
any major pharmacy including, but not limited to, the following: CVS,
Rite -Aid, Walgreens, Wal-Mart, Giant Eagle, Kroger, Meijer, Costco,
and Target.
2. The employee should inform the pharmacy that he or she is covered
through the NCWCA. The pharmacy should be able to electronically get
approval for the prescription.
3. If the pharmacy is unable to fill the prescription or electronically get
approval to fill the prescription, the employee should purchase the
medicine with his or her own funds and then submit any receipts to the
Human Resources Manager for processing and refund.
D. Mileage:
1. If any injured employee travels more than twenty (20) miles on their
personal vehicle to an authorized doctor's appointment following an
injury filed as workers' compensation, he or she may submit mileage for
reimbursement through the use of the appropriate travel form.
E. Work Release Forms
1. Work release forms should be obtained by an injured employee at each
doctor visit and given to the appropriate Department Head.
2. Such forms should be used by the Department Head to determine the
amount, type, and frequency of work an employee may do.
3. If an employee is written out of work by a licensed physician or light
duty is unavailable for the employee, he or she may be entitled to
workers' compensation lost wage benefits. Such a situation is
addressed below.
F. Lost Wage Benefits
1. To be eligible for any lost wage benefits under the NCWCA an
employee must: (1) be injured while in the service of their employer, (2)
be written out of work by a licensed physician, and (3) be out of work for
an initial seven (7) days. The day of injury is not included in the 7 days.
2. Once the initial seven (7) day period has passed, an employee will be
eligible for lost wage benefits as long as he or she has already
completed the Workers' Compensation Leave Form & Injury
Investigation Report Form.
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3. If an injured employee is eligible for lost wage benefits, that employee
will begin receiving workers' compensation checks to cover two-thirds
(2/3) of his or her salary.
4. The remaining one-third (1/3) of an employee's salary will be recouped
by using the employee's accrued leave until all the employee's leave is
exhausted. This will result in an employee using one (1) entire day of
leave for every three (3) days an employee remains on workers'
compensation.
G. Other Information:
1. If an employee receives one day of lost wage benefits, that employee's
retirement benefits will be inactive for the entirety of that month.
2. While on workers' compensation leave an employee will continue to
accrue all forms of leave as addressed in Article VI. Any leave accrued,
therefore, will instantly be used and paid out to the employee if he or
she has exhausted all accrued leave while on workers' compensation.
FMLA leave will run concurrently with any employee's workers'
compensation leave.
3. Employee health and dental insurance benefits will be paid by the
County while the employee is on workers' compensation leave. All other
policies and dependent coverage premiums will be deducted out of the
employee's pay or, if no pay is received, billed to the employee. If the
employee is billed, the employee shall be responsible for paying the
premiums by the due date on the invoice. Employees who do not pay
the premiums by the due date shall have their coverage canceled. If
coverage is canceled for non-payment, the employee will be eligible to
re -enroll during the next open enrollment period.
Section 10. Military Leave
Note: The following section is covered the Uniformed Services Employment and
Reemployment Rights Act ("USERRA") found at 38 United States Code Chapter
4301-4335 and 20 Code of Federal Regulations Part 1002. If any discrepancies
between this section and the USERRA should surface, the USERRA shall control.
Purpose: Harnett County, in accordance with federal law, seeks to ensure that County
employees who serve or have served in the Armed Forces, Reserves, National
Guard, or other uniformed services: (1) are not disadvantaged in their careers with the
County because of their service, (2) are promptly reemployed in their County jobs
upon their return from duty, and (3) are not discriminated against in employment
based on past, present, or future military service. Harnett County, along with the
federal government, wishes to encourage uniformed service so that the United States
can enjoy the protection of those services, staffed by qualified people, while
maintaining a balance with the needs of the County who also depends on these same
individuals. With this mind the County puts into effect the following policy pertaining to
military leave for all full-time County employees.
Policy:
A. Any full-time County employee who is a member of the Armed Forces,
Reserves, National Guard, or other uniformed services will be allowed 96 hours
annually (adjusted for employees having a work week with greater or fewer
hours than a basic 40-hour workweek, refer to sick schedule) to be used for
any military training that an employee may be mandated to undergo as part of
their service.
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B. If compensation provided such an employee by the United States while on
military leave is less than the normal salary such an employee would have
earned working his or her typical work schedule, the employee shall receive
partial compensation from the County equal to the difference in the two
amounts. Every effort will be made by the County to maintain the employee's
normal salary during such an employee's period of military leave. Employee
has the option to use leave without pay or accrued time.
C. If a County employee's military duty is required beyond the allotted hours, the
employee shall be allowed to recoup the loss wages through the use of his or
her accumulated leave. If the employee, however, does not have any
accumulated leave or his or her accumulated leave runs out, the employee
shall be given leave without pay status as addressed in Article VI, Section 7.
D. Regardless of other portions of this policy and the employee's pay status, while
taking military leave an employee's leave credits and other benefits shall
continue to accrue as normal.
E. Any time spent in military leave will not run concurrently with FMLA leave.
Section 11. Civil Leave
When any full-time 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 from the County, along with any payments or travel allowances received for such
civic duties, without need to use any of their accumulated leave.
While on civil leave, all benefits and forms of leave shall continue to accrue as normal.
Section 12. Educational Leave
Any full-time County employee may request and have granted a leave of absence in
order to take one (1) educational course during or after regular County working hours
as described in Article V, Section 2. Such an employee must complete and submit the
Education Leave Request Form to the appropriate Supervisor or Department Head.
This form is provided by the Human Resources Department at www.Harnett.org or
found in Appendix B of this Ordinance.
Such educational leave will only be granted if the educational course to be taken
benefits the County by better equipping the employee to perform his or her assigned
job duties and responsibilities.
Section 13. Family Medical Leave
Note: The following section is covered by the Family and Medical Leave Act ("FMLA")
found at 29 United States Code Chapter 28 and 29 Code of Federal Regulations Note
825. If any discrepancies between this section and the FMLA should surface, the
FMLA shall control. Also, any employee seeking additional information on the FMLA
may visit www.dol.gov.
Purpose: In accordance with the FMLA, Harnett County seeks to provide a working
environment that: (1) facilitates the development of children and the family unit, (2)
prevents County employees from having to choose between job security and
parenting, (3) allows adequate job security for employees who have serious health
conditions that prevent them from working for temporary periods, and (4) balances the
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demands of the County with the needs of the families. With this in mind the County
establishes the following policy.
Eligibility: Only eligible employees are allowed to take FMLA leave. An eligible
employee is one who:
A. Works for the County,
B. Has worked for the County for at least twelve (12) months,
1. Note: The twelve (12) months of service do not have to be continuous or
consecutive. This means that any time previously worked for the County
may be used to meet the twelve (12) month requirement. If, however,
the employee has a break in service that lasted longer than seven (7)
years, the time worked prior to the break will not count unless the break
is due to service covered by the USERRA addressed in Article VI,
Section 10.
C. Has at least 1,250 total hours of service to the County during the twelve (12)
month period immediately preceding the leave, and
D. Works at a location where the County has at least fifty (50) employees within a
seventy-five (75) mile radius.
Policy:
A. Leave for Qualified Reasons: Harnett County will hereby grant all eligible
County employees a total of twelve (12) workweeks of job -protected family and
medical leave within a single twelve-month period for one or more of the
following qualified reasons:
1. Birth & Bonding Leave: Leave may be granted for the birth of a son or
daughter.
i. Restrictions and Limitations:
a) Entitlement to this form of leave expires 12 months after
the date of birth.
b) Both mothers and fathers employed by the County have a
right to take this form of leave.
c) This form of leave must be taken as a continuous block
unless the employee obtains approval for intermittent
leave by a Supervisor or Department Head.
d) An employee who actually has day-to-day responsibility for
caring for a child may be entitled to this form of leave even
if the employee does not have a biological or legal
relationship to the child as long as such an employee can
prove they stand in loco parentis to the child.
e) The fact that a child has a biological parent in the home, or
has both parents, does not prevent an employee from
standing in loco parentis to that child. The FMLA does not
restrict the number of parents a child may have.
2. Adoption & Bonding Leave: Leave may be granted for the placement of
a son or daughter with the employee for adoption or foster care.
i. Restrictions and Limitations:
a) An employee's entitlement to this form of leave expires 12
months after the date of adoption or placement.
b) Both mothers and fathers employed by the County have a
right to take this form of leave.
c) This form of leave may be taken before the actual
placement or adoption of a child takes place if an absence
from work is required. Such situations may include
VAN
counseling sessions, mandated court appearances,
attorney or birth parent consultations, and for necessary
travel to complete an adoption.
d) This form of leave must be taken as a continuous block
unless the employee obtains approval for intermittent
leave by a Supervisor or Department Head.
3. Serious Health Condition Leave (Employee): Leave may be granted for
an employee to seek treatment and recover from his or her own serious
health condition that requires incapacity for a period of more than three
calendar days away from work that also involves continuing treatment
(or under the supervision of) a health care provider.
i. Restrictions and Limitations:
a) An employee is considered unable to work where a
licensed physician finds that the employee is: (1) unable to
work at all or (2) unable to perform any of the essential
functions of the employee's position.
b) To utilize this form of leave an employee must submit the
Employee Medical Certification Form provided by the
Human Resources Department at www.harnett.org or at
www.dol.gov to his or her Supervisor or Department Head
in accordance with Article VI, Section 13, Subsection D-3
of this Personnel Ordinance.
c) Before returning from work after this form of leave is taken,
the employee must provide the County with a Fitness -for -
Duty Certification signed and dated by a licensed
physician that is qualified to make the determination that
the employee is fit to return to work and perform their
previous job duties and responsibilities.
4. Serious Health Condition Leave (Relative): Leave may be granted for
the employee to care for a spouse, child, or parent who has a serious
health condition that requires a period of incapacity requiring absence of
more than three calendar days from work, school, or other regular daily
activities that also involves continuing treatment (or under the
supervision of) a health care provider.
i. Restrictions and Limitations:
a) To utilize this form of leave an employee must be needed
to provide care for his or her spouse, son, daughter, or
parent because of the family member's serious
documented health condition.
An employee may take this form of leave to care for a
person who, although having no legal or biological
relationship to the employee when the employee was a
child, stood in loco parentis to the employee when the
employee was a child.
b) An employee who actually has day-to-day responsibility for
a child may be entitled to take this form of leave even if the
employee does not have a biological or legal relationship
to the child as long as such an employee can prove they
stand in loco parentis to the child.
c) The fact that a child has a biological parent in the home, or
has both parents, does not prevent an employee from
standing in loco parentis to that child. The FMLA does not
restrict the number of parents a child may have.
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d) To utilize this form of leave an employee must submit the
Family Member Medical Certification Form provided by the
Human Resources Department at www.harnett.org or at
www.dol.gov to his or her Supervisor or Department Head
in accordance with Article VI, Section 13, Subsection D-3.
5. Military Exigency Leave: Leave may be granted for any qualifying
exigency arising out of the fact that a spouse, son, daughter, or parent is
a military member on covered active duty or called to active duty status.
i. Restrictions and Limitations:
a) The definition of "son" and "daughter" provided in Article I,
Section 3, does not apply to this section in so far as the 18
years or younger restriction is concerned.
b) Qualifying exigencies are situations arising from the
military deployment of an employee's spouse, son,
daughter, or parent to a foreign country. Such exigencies
for which an employee may take this form of leave include:
1. Making alternative child care arrangements for a
child of the military member when deployment
necessitates a change in the existing arrangements.
2. Attending certain military ceremonies and briefings.
3. Taking leave to spend time with a military member
on Rest and Recuperation leave during deployment.
4. Making financial or legal arrangements to address a
covered military member's absence.
5. Certain activities related to care of the parent of the
military member while the military member is on
covered active duty.
6. Deployment of service member with seven or fewer
days' notice.
7. Post -deployment activities for a period of ninety days
after the termination of the service member's active
duty status.
c) An employee who actually has day-to-day responsibility for
a child may be entitled to this form of leave even if the
employee does not have a biological or legal relationship
to the child as long as such an employee can prove they
stand in loco parentis to the child.
d) The fact that a child has a biological parent in the home, or
has both parents, does not prevent an employee from
standing in loco parentis to that child. The FMLA does not
restrict the number of parents a child may have.
e) To utilize this form of leave an employee must submit the
Qualifying Exigency Certification Form provided by the
Human Resources Department at www.harnett.org or at
www.dol.gov to his or her Supervisor or Department Head
in accordance with Article VI, Section 13, Subsection D-3.
6. Military Caregiver Leave: An extended period of up to twenty-six (26)
workweeks of leave may be granted for an employee to care for a
covered service member with a serious injury or illness, as long as the
employee is the spouse, son, daughter, parent, or next of kin of the
service member.
i. Restrictions and Limitations:
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a) Any eligible employee is limited to a combined total of 26
workweeks of leave for any FMLA qualifying reasons
during a single 12-month period.
b) This form of leave is available to any eligible employee
once per service member, per serious injury or illness.
However, an eligible employee may take an additional 26
weeks of leave in a different 12-month period to care for
the same service member if he or she has another serious
injury or illness.
c) A covered service member under this policy includes: (1) a
current member of the Armed Forces who is undergoing
medical treatment, recuperation, or therapy, is in
outpatient statute, or is on the temporary disability retired
list, for a serious injury or illness or (2) a veteran of the
Armed Forces discharged within the five-year period
before the family member first takes Military Caregiver
Leave to care for the veteran and who is undergoing
medical treatment, recuperation, or therapy for a qualifying
serious injury or illness.
d) A veteran who was dishonorably discharged is not
considered a covered service member.
e) To utilize this form of leave an employee must submit the
Current Service Member Serious Injury or Illness
Certification Form or the Veteran Serious Injury or Illness
Certification Form provided by the Human Resources
Department at www.harnett.orq or at www.dol.gov to his or
her Supervisor or Department Head in accordance with
Article VI, Section 13, Subsection D-3.
B. Calculation of the Single 12-Month Period:
1. The single 12-month period for all of the foregoing qualified reasons will
be measured forward from the first date an employee takes FMLA leave.
i. Example: Ann's FMLA leave begins on November 6, 2012 so her
12-month period is November 6, 2012 - November 5, 2013.
2. The single 12-month period for Military Caregiver Leave, however,
begins on the first day the employee takes this form of leave and ends
exactly 12 months later regardless of Harnett County policy.
C. Increments, Calculation, & Payment of Leave:
1. Increments of Leave: Any form of FMLA leave may be taken in periods
of whole weeks, single days, hours, or 15 minutes' intervals.
2. Calculation of Leave:
i. Only the amount of leave actually taken may be counted against
an employee's FMLA leave entitlement of 12-26 weeks.
ii. Where an employee takes FMLA leave for less than a full
workweek, the amount of FMLA leave used is determined as a
proportion of the employee's actual workweek and will be
converted into hours.
a) Example: Ann normally works 30 hours a week but works
only 20 hours in a week because of FMLA leave.
Therefore, she would use one-third (1/3) of a week of
FMLA leave or, converted, 10 hours of FMLA leave time.
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iii. Time that an employee is not scheduled to report to work or may
not report to work because the County has ceased operations
shall not be counted against the employee as FMLA leave.
iv. When a holiday falls during a week in which an employee is
taking the full week of FMLA leave, the entire week is counted as
FMLA leave. However, when a holiday falls during a week when
an employee is taking less than the full week of FMLA leave, the
holiday is not counted as FMLA leave, unless the employee was
scheduled and expected to work on the holiday and used FMLA
leave for that day.
3. Payment of Leave: FMLA leave in any normal circumstance is unpaid
leave, however, Harnett County requires that County Employees take
any and all of their accrued leave when using any form of FMLA leave.
D. Employee Notice Requirements:
1. Timing (Leave that is Foreseeable)
i. In general, an employee must give the County at least 30 days
advanced notice of the need to take FMLA leave when he or she
knows about the need for the leave in advanced.
2. Timing (Leave that is Unforeseeable)
i. When the need for leave is unexpected, an employee must
provide notice to the County as soon as possible and practical.
3. Certifications:
i. Any employee who wishes to utilize FMLA leave for a serious
health condition or a military exigency must supply his or her
Supervisor or Department Head with the appropriate certification
form within 15 calendar days after he or she has submitted their
completed FMLA Leave Request Form that may be found in
Appendix B of this Ordinance. Medical certification forms should
be updated by the employee every 30 days unless the form
indicates that the minimum duration of the serious health
condition is more than 30 days. If this is the case the form should
be updated at the expiration of that minimum duration.
ii. The employee is responsible for paying for the cost of the
certification and for making sure the certification form is delivered
to the Supervisor or Department Head.
iii. If the certification form is incomplete or insufficient, the County
will provide the employee with a written notice stating what
information is needed to make the form complete and sufficient.
iv. The employee must provide the necessary information to the
County within seven (7) calendar days.
v. If the employee does not provide the requested certification form
within the time required or fails to provide a complete and
sufficient form despite the opportunity to cure any deficiencies,
the County shall deny the employee's request for FMLA leave.
vi. If the County has received a completed medical certification form,
but has a reason to doubt the validity of such a certification, the
County reserves the right to obtain a second certification from a
licensed physician of the County's choosing. The County will pay
for such a recertification.
E. Employee Protections Under the FMLA:
1. All County employees utilizing FMLA leave are entitled to the
continuation of the County's group health and dental insurance on the
same terms as if he or she had continued work. All other policies and
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dependent coverage premiums will be deducted out of the employee's
pay or, if no pay is received, billed to the employee. If the employee is
billed, the employee shall be responsible for paying the premiums by the
due date on the invoice. Employees who do not pay the premiums by
the due date shall have their coverage canceled. If coverage is canceled
for non-payment, the employee will be eligible to re -enroll during the
next open enrollment period.
2. All County employees utilizing FMLA leave are entitled to the continued
accruement of any form of leave given to an employee by the County.
3. When any County employee utilizes FMLA leave and returns from that
leave, he or she will be restored to the same job or equivalent job. An
equivalent job is one that is virtually identical to the original job in terms
of pay, benefits, and other employment terms and conditions.
F. Protections for Individuals: The FMLA prohibits the following actions to be
made by Harnett County:
1. Interfering with, restraining, or denying the exercise of, or the attempt to
exercise any FMLA right.
2. Discriminating or retaliating against an employee or prospective
employee for having exercised or attempted to exercise any FMLA right.
3. Discharging or in any other way discriminating against any person,
whether or not an employee, for opposing or complaining about any
unlawful practice under the FMLA.
4. Discharging or in any other way discriminating against any person,
whether or not an employee, because that person has:
i. Filed any charge, has instituted, or caused to be instituted, any
proceeding under or related to the FMLA;
ii. Given, or is about to give, any information in connection with an
inquiry or proceeding relating to any right under the FMLA; or
iii. Testified, or is about to testify, in any inquiry or proceeding
relating to a right under the FMLA.
G. Spouses who work for the County:
1. Spouses who work for the County will share a total of 12 workweeks of
FMLA leave per year for
i. The birth of a child,
ii. Placement of child with employee for adoption or foster care, or
iii. Care of a parent with serious health condition.
2. Spouses who both work for the County will share a total of 26
workweeks of FMLA to care for a military family member with a serious
injury or illness.
3. Spouses who work for the County may each use a total of 12
workweeks of FMLA leave in a leave year for
i. Their own serious health condition,
ii. To care for a spouse or child with a serious health condition, or
iii. Due to a qualifying exigency.
ion 14. Adverse Weather Policv (Inclement Weather Leave
Purpose: Harnett County must ensure the delivery of services to citizens and
businesses even during times of adverse weather. Considering the varied geographic
locations and diverse populous of this County, it is the intent of this Adverse Weather
Policy to establish a uniform Countywide plan regarding how operations will be affected
during times of adverse weather and to establish guidelines for accounting for time and
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for releasing non -essential personnel from work when: (1) adverse weather prohibits or
adversely impacts the ability of non -essential personnel to report to work or to remain at
work, or (2) adverse weather necessitates the suspension of non -essential operations.
Note: All County employees are to presume, unless otherwise notified, that County
operations will continue as normal and they are expected to report to work regardless of
any weather or other emergency conditions that may develop. The Harnett County
Adverse Weather Policy will not go into effect until the County Manager has determined
that normal operations at all Harnett County facilities is jeopardized by the existence of
adverse weather that may put lives or property in danger. Such a determination will be
forwarded to all major news and radio outlets across the County, distributed via Harnett
County e-mail, and posted on www.harnett.org and designated County Social media
platforms.
Designation of Essential & Non -Essential Personnel: All County employees shall be
designated as essential or non -essential personnel by the appropriate Department
Head or the County Manager. Non -essential personnel shall be designated in writing
through an e-mail or memorandum. This e-mail or memorandum shall act as an
employee's recognition of his or her status as non -essential personnel. Essential
personnel shall be designated in writing through a formal memorandum and each
essential employee shall acknowledge this designation in writing. This designation and
acknowledgement will be included in each employees' personnel file.
While not all County department heads and/or their assistant directors may be
considered essential personnel, all department heads and/or their assistant directors
should make themselves available to the County Manager via an agreed upon method
of communication should they be needed during times of adverse weather.
Some County departments may, in their discretion, assign employees to shifts in order
to maintain essential County operations. In these situations, employees may be deemed
essential or non -essential in accordance with their respective shift.
Duties of Essential Personnel:
A. Essential personnel who are required to work during adverse weather because
their positions have been designated as such by their Department Heads or the
County Manager should perform to the best of their abilities during this time.
B. Those essential personnel who cannot report to work because of driving
conditions will notify their immediate Supervisor or Department Head so that
County transportation can be dispatched to pick them up.
C. If an essential employee refuses to report to work, remain at work, or be carried
to work by County transportation once this policy has been activated the
employee will not be granted inclement weather leave and will be charged
absent.
D. Essential employees are not allowed to take a day off at such future time to
compensate for working during an emergency. Any compensation received by
such employees for working during an emergency is governed by the Emergency
Operations Compensation policy addressed in Article III, Section 18.
Non -Essential Personnel & Inclement Weather Leave:
A. Non -essential personnel are those employees who may be approved for
inclement weather leave during adverse weather because their positions have
been designated as such by their Department Head or the County Manager.
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B. Once this policy has been activated, inclement weather leave for nonessential
personnel may be granted in the discretion of the County Manager to
administratively excuse all non -essential personnel.
C. Inclement Weather Leave will be granted to employees in the amount of hours
the employee is scheduled to work, not to exceed 10 hours.
D. Entitlement to inclement weather leave depends on a variety of factors, including
but not limited to the non -essential employee's status at the time of the
announcement, when the adverse weather develops, and how it affects County
operations.
a) During Normal County Operating Hours: If adverse weather develops
during normal County operating hours and the County Manager so
chooses to cease all County operations the following shall apply:
i. If the employee was on duty and was scheduled to depart early
through the use of his or her accrued leave after official word was
received but before the time for dismissal, leave is charged only
from the time the employee departed until the dismissal time.
ii. If the employee was scheduled to return to duty after an initial
period of leave and dismissal is given before the employee can
physically report to work, leave is charged until time for dismissal.
b) Outside of Normal County Operating Hours: If adverse weather develops
outside of normal County operating hours but there is no significant
curtailment of county activities the following applies:
i. Regardless of road and weather conditions essential and non-
essential employees are expected to be at work on time. Employee
tardiness caused by treacherous driving conditions may be
excused on a case -by -case basis by their department head or the
County Manager, but failure to report to work will result in the
employee being charged absent.
ii. The County Manager, in his or her discretion, may delay opening
the County for a period of the workday. In the event he or she
chooses to do so, non -essential personnel will be administratively
excused for the delay period, but this does not excuse an employee
from being absent once the delay period has passed.
c) Outside of Normal County Operating Hours: If adverse weather develops
outside of normal County operating hours but there is a significant
curtailment of County activities the following applies:
i. If the County Manager, in his or her discretion, chooses to cease all
non -essential operations for the entirety of the day, the day will be
considered a non -work day and non -essential personnel will be
administratively excused.
E. Non -essential employees are not authorized to work when the County Manager
deems that their service is not required for continued County operations
Note: The chart below details the previous information and is a complete summary of
the same.
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Event
Employee Action
Non -Essential
Essential Employees
(Exempt and Non-exempt)
Paid inclement weather leave from regular start time to County opening time.
All essential
Does not report
Employees may use any of his or her accrued leave time to receive full
personnel,
compensation for the remainder of the work day.
regardless of
Employee is paid for his or her actual time worked & receives inclement weather
exemption
Reports to work
leave from regular start time to County opening time.
statutes, must
report to work
Employee is paid for his or her actual time worked & receives inclement weather
during an adverse
Reports later than
leave from regular start time to time County opening time &, if necessary, may
weather situation
Late
announced
use any accrued leave to receive compensation equal to a full standard work
and will be
Opening
opening
day•
compensated in
Paid inclement weather leave for time County offices are closed, but accrued leave
accordance with
Has scheduled use
time is used to receive full compensation for the remainder of the work day.
this Ordinance.
of accrued leave
Some County
time.
departments may,
in their discretion,
Any Leave without
Leave without pay is still charged
assign employees
Pay status
to shifts in order to
Is scheduled to
Awarded inclement weather leave for the day for their scheduled work day, up to
maintain essential
County operations.
work
10 hours
In these
Has scheduled use
Awarded inclement weather leave will be granted.
situations,
employees may be
of accrued leave
deemed essential
Closed
time.
or non -essential in
Any Leave without
Leave without pay is still charged.
accordance with
Pay status (FMLA,
their shift.
Military Leave)
Paid inclement weather leave for time County offices are closed. Employees may
(This requirement does
Does not report
use any of his or her accrued leave time to receive full compensation for the
not apply to those County
remainder of the work day.
employees in an approved
leave without pay status)
Employee is paid for his or her actual time worked & receives inclement weather
Reports to work
leave from County closing time to regular quitting time to receive full
compensation for the remainder of the work day.
Early
Closing
Employee is paid for his or her actual time worked & receives inclement weather
Leaves work
leave from County closing time to regular quitting time &, if necessary, may use
earlier
any accrued leave to receive compensation equal to a full standard work day.
Has scheduled use
Paid inclement weather leave for time County offices are closed, but accrued leave
of accrued leave
time is used to receive full compensation for the remainder of the work day.
time.
Any Leave without
Leave without pay is still charged
Pay status
Section 15. Volunteer Leave
Harnett County seeks to foster a workforce that cares for the surrounding community
and offers support to those individuals throughout the County that may need support.
With this in mind the County allows all full-time County employees one and one-half (1
'/2) hours of volunteer leave each week or a lump sum total of six (6) hours per month to
perform volunteer work at any Harnett County school, any Harnett County non-profit
organization, or any non-profit organization that has an event in Harnett County.
This leave may be used in conjunction with an employee's lunch break or any other
form of accrued leave an employee may have.
This leave will not accumulate and shall not be carried over from week to week or
month to month.
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To utilize this form of a leave an employee must receive advanced approval (at least 48
hours) from his or her Supervisor, Department Head, or the County Manager.
Once such volunteer leave has been utilized, an employee must provide his or her
Supervisor or Department Head with some form of evidence or documentation that the
volunteer service was actually completed.
Section 16. Parent Involvement Leave
Note: The following section is covered by the Leave for Parent Involvement in Schools
Act found at NCGS §95-28.3. If any discrepancies between this section and the
Leave for Parent Involvement in School Act should surface, the act shall control.
Policy: Harnett County believes that parent involvement is an essential component of
school success and positive student outcomes. Therefore, Harnett County shall grant
four (4) hours per year of leave to any full-time County employee who is a parent,
guardian, or person standing in loco parentis of a school -aged child so that the
employee may attend or otherwise be involved at that child's school.
Restrictions, Limitations, and Conditions:
A. This leave may be used in conjunction with any other form of accrued leave an
employee may have.
B. This leave will not accumulate and shall not be carried over from year to year.
C. To utilize this form of leave an employee must receive advanced approval (at
least 48 hours) from his or her Supervisor, Department Head, or the County
Manager.
Once such leave has been utilized, a Supervisor, Department Head, or County
Manager may require some form of documentation for the employee's school
involvement.
Example: An employee may use this leave to attend a parent teacher conference, or
chaperon a school trip.
Section 1. Insurance Benefits
All full-time employees shall be eligible for insurance benefits in accordance with the
following policy.
A. The County will provide individual medical insurance to all full-time employees.
All full-time employees shall be enrolled in the program in accordance with the
provisions of the County's insurance contracts on the first day of the month
following a thirty (30) day waiting period.
B. Any full-time County employee may so choose to have money deducted from his
or her check to provide dental and vision insurance for him or herself and to
provide health insurance, dental and vision insurance for any dependents he or
she may have in accordance with the provisions of the County's insurance
contracts.
C. Health benefits in retirement are provided on a pro -rated basis for years of
service as listed below. Employees who are not eligible for the benefits as
outlined below will not be allowed to remain on the County's health insurance
plan beyond any rights granted by the Consolidated Omnibus Budget
Reconciliation Act (COBRA).
D. Individuals must be County employees at the time of retirement to be eligible. If
an eligible employee declines retirement health benefits at the time of retirement,
the employee will not be eligible for the benefits at a later date.
E. For employees retiring on or after December 16, 2019, an eligible employee must
elect or decline the Medicare supplement at the time of retirement to receive the
supplement upon turning 65 years of age or becoming Medicare eligible. If an
eligible employee declines the Medicare supplement, the employee will not be
eligible for the supplement at a later date.
F. For retirements on or after January 1, 2025, an eligible employee that elects the
Medicare supplement will receive a stipend equivalent to their retirement benefit.
Any employee that retired prior to January 1, 2025 and elected the Medicare
supplement will have the option to continue receiving the supplement in the form
of a reimbursement or change to a stipend. Once a retired employee chooses the
stipend option, the employee will not be permitted to change back to a
reimbursement. For any retired employee that continues to receive the
supplement as a reimbursement, the County will not reimburse the employee for
receipts received for any prior years that the employee is eligible for the
supplement. The standard amount of supplement is to be determined by the
BOC, which will be included in the annual budget ordinance.
G. For those retired employees receiving the Medicare supplement as a stipend, the
Medicare supplement will begin upon turning 65 years of age or becoming
Medicare eligible. For those receiving the Medicare supplement as a
reimbursement, the supplement will commence upon the retired employee's
submittal of receipts for reimbursement for that fiscal year. To remain eligible for
the supplement, retired employees must complete a annual certification during
open enrollment period to verify current contact and banking information. If a
retired employee fails to update such information and the supplement is
terminated, the employee shall not be eligible for the supplement until the next
open enrollment period.
H. During retirement, health benefits premium payments are due by the first day of
the month that coverage is effective. The premium payment deadline (hereinafter
referred to as the "grace period") ends thirty (30) days after the due date. Retired
employees who do not pay their premiums in full or who do not have sufficient
funds in their account for authorized bank drafts by the final day of the grace
period will have their coverage canceled. If the unpaid premium amount due is
only for dependent coverage, then only the dependent coverage will be canceled.
However, if the unpaid premium amount due is for the retired employee and
dependent coverage, then the retired employee and all dependents will have
their coverage canceled. Such retired employees and/or dependents who have
their coverage canceled for non-payment cannot be reinstated. However, if the
premium payment is received after the coverage has been canceled due to non-
payment, but the postmark date is on or before the last day of the grace period,
then coverage will be reinstated.
I. COBRA - Under the Consolidated Omnibus Budget Reconciliation Act (COBRA)
of 1985, Harnett County offers employees and their eligible dependents the
opportunity for temporary extension of continuous insurance coverage in
instances where coverage under the plan would otherwise end. Eligible
employees have sixty days from the date of the notice to elect COBRA coverage.
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The Following chart applies to all full-time employees hired on or after July 1 st, 2015, or
those employees who leave the employment of the County and return to work on or
after July 1st, 2015,
Retirement Health Benefits
(Employees less than 65 not Medicare eligible)
*Minimum Years of Consecutive Harnett
County Service for Eligibility
Percentage of Cost Paid by County Until
Age 65 or Medicare Eligible
20 Years
50%
25 Years
75%
30 Years
100%
Retirement Health Benefits
(Employees older than 65 and/or Medicare eligible)
*Minimum Years of Consecutive Harnett
County Service for Eligibility
Percentage of Cost Paid by County After
Age 65 or Medicare Eligible
20 Years
50%
25 Years
75%
30 Years
100%
The following chart applies to all full-time employees hired on or before June 30th, 2015.
Retirement Health Benefits
(Employees less than 65 not Medicare eligible)
*Minimum Years of Consecutive Harnett
County Service for Eligibility
Percentage of Cost Paid by County
Until Age 65 or Medicare Eligible
10 Years of Harnett County Service
Plus an additional 20 Years of Local
Government Service
50%
15 Years
50%
16 Years
55%
17 Years
60%
18 Years
65%
19 Years
70%
20 years
75%
21 Years
77%
22 Years
79%
23 Years
81 %
24 Years
83%
25 Years
85%
26 Years
88%
27 Years
91 %
28 Years
94%
29 years
96%
30 Years
100%
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Retirement Health Benefits
(Employees older than 65 and/or Medicare eligible)
*Minimum Years of Consecutive Harnett
County Service for Eligibility
Percentage of Cost Paid by County
After Age 65 or Medicare Eligible
15 Years
50%
16 Years
55%
17 Years
60%
18 Years
65%
19 Years
70%
20 years
75%
21 Years
77%
22 Years
79%
23 Years
81 %
24 Years
83%
25 Years
85%
26 Years
88%
27 Years
91 %
28 Years
94%
29 years
96%
30 Years
100%
*Minimum Years of Consecutive Harnett County Service is defined as the period of an
employee's continuous and interrupted employment with the County commencing on his
or her most recent hire date through his or her retirement date.
Employees who are affected by a reduction in force or layoff who return to work when
called back to work at the County within one (1) year of their departure will be
considered as having continuous service as it relates to continuing medical benefits into
retirement.
Section 2. Unemplovment Compensation
County employees who are laid off, dismissed, or terminated from their current position
with the County may apply for unemployment compensation through the local
Employment Security Commission office.
Eligibility for unemployment compensation will be determined by the Employment
Security Commission.
Section 3. Social Securit
In accordance with the Social Security Act of 1935, the federal Social Security program
provides monthly benefits upon retirement to those individuals who contribute monthly
to the program through the Social Security Administration.
Harnett County in an attempt to provide its employees with a happy and healthy life
after retirement shall, to the extent of its lawful authority and power, extend Social
Security benefits to all eligible employees in accordance with federal law.
Employees will be compensated by their contributions to the Social Security system
once they retire and reach the federally recognized retirement age through the federally
operated program.
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Section 4. Local Governmental Emplovees' Retirement Svstem ("LGERS"
About LGERS: The Local Governmental Employees' Retirement System is a defined
benefit plan qualified under §401(a) of the Internal Revenue Code. Harnett County is a
mandatory member and participant in this program, therefore County employees, the
County itself, and the investment earnings on total contributions pay the cost of
providing an employee's retirement benefits.
Membership, Eligibility, and Vesting in LGERS:
A. Membership: All County employees serving in a position that requires more than
1,000 hours per year of service automatically become members of the LGERS.
B. Eligibility: All County employees will remain eligible to participate in the LGERS
program unless they are convicted of certain state or federal offenses involving
public corruption or are convicted of a felony directly related to their employment.
C. Vesting: All employees become vested in LGERS once they have completed a
minimum of 5 years of service to the County. This means that an employee is
eligible to apply for lifetime monthly retirement benefits based on the retirement
formula in effect at the time of his or her retirement, if any money is withdrawn
from his or her LGERS contributions, and the age and service requirements
described below.
Employee Contributions: Any eligible vested County employee will contribute to LGERS
six percent (6%) of their gross salary each month through payroll deductions.
Contributions made to this program are invested by the Department of State Treasurer
and these funds are protected by the Constitution of North Carolina from being used for
any purpose other than retirement system benefits and expenses.
Employer Contributions: Harnett County, in accordance with LGERS, will contribute an
actuarially -determined percentage of the gross payroll of employee members each
month to LGERS for benefits.
Refund of Contributions: If an employee leaves the service of the County and LGERS
before he or she has 5 years of service, the only payment such an employee can
receive is a refund of his or her contributions and interest. To receive a refund of
contributions an employee must complete the appropriate form available at
www.nctreasurer.com/Retirement-and-Savinqs.
Calculation of Service Retirement Benefits: The LGERS uses a formula to calculate
monthly retirement benefits once eligibility requirements have been met. This formula
and additional information on the calculation of service retirement benefits may be
found at www.nctreasurer.com/Retirement-and-Savinas. The basic formula is:
Employee's Annual Benefit =
85% of average final compensation X Years & Months of County Service
For further explanation of LGERS requirements, calculation of benefits, benefit payment
options, beneficiaries, and other information regarding LGERS, please review the
LGERS Handbook which can be found at the North Carolina State Treasurers
Retirement System Division website at www.myncretirement.com
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Note: An employee may view their personal account information, download retirement
forms, and access any other retirement resources 24 hours a day, 7 days a week by
logging on to their personal ORBIT account by clicking the link provided on
www.myncretirement.com. Any additional information on this program is provided by the
Department of State Treasurer at www.nctreasurer.com.
Section 5. Death Benefits under LGERS
If a County employee, who is an eligible vested member of LGERS, dies while in active
service to the County with at least one (1) year as a contributing member of LGERS, the
employee's beneficiary will receive a lump sum payment as set forth in the LGERS
Handbook which can be found at the North Carolina State Treasurers Retirement
System Division website at www.myncretirement.com.
Section 6. Life Insurance & Accidental Death and Dismemberment ("AD&D"
Harnett County shall provide life insurance and AD&D coverage to all full-time County
employees. Eligible employees shall be enrolled in the program in accordance with the
insurance carrier's provisions. Any payouts that may become necessary will be in
accordance with amounts set by the BOC.
Section 7. Law Enforcement Officers' Separation Allowance
Harnett County shall provide a special separation allowance to all qualified law
enforcement officers who leave service early and meet all of the following qualifications:
A. The law enforcement officer must have completed thirty (30) years or more of
County service or have attained fifty-five (55) years of age and completed five (5)
or more years of County service.
B. The law enforcement officer must not yet be sixty-two (62).
C. The law enforcement officer must have completed at least five (5) years of
continuous service as a law enforcement officer immediately before retirement.
Payment of the separation allowance will cease if the officer reaches age 62 or dies.
Section 8. NC 401(k) Plan and NC 457 Plan
Harnett County offers all LGERS-enrolled County employees a voluntary NC 401(k)
Plan. In accordance with this Policy, employees may deposit up to the maximum
percentage authorized by the Internal Revenue Service into their NC 401(k) Plan.
Harnett County, regardless of employee participation, shall contribute 2% of an
employee's monthly compensation to their NC 401(k) Plan; however, there will not be
any additional County match over the 2% contribution except as provided below for law
enforcement officers.
In accordance with NCGS §143-166.50, Harnett County shall contribute 5% of a sworn
law enforcement officers monthly compensation to their NC 401(k) Plan. However, there
will not be any additional County match over the mandated 5%.
In addition to the NC 401(k) Plan, all employees, regardless of LGERS eligibility, are
also allowed to contribute to the NC 457 Plan.
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Section 9. Direct Der)osit
Employees are required to electronically deposit all paychecks from the County to a
federally recognized bank or credit union. This direct deposit of an employee funds
reduces the amount of time the employee has to spend at the bank and is typically safer
than manually cashing checks.
To take full advantage of the direct deposit program an employee should complete and
submit the Harnett County Direct Deposit Form found in Appendix C of this Ordinance.
ARTICLE VIII. SEPARATIONS, DEPARTURES, & REINSTATEMENTS
Section 1. Types of Separations & Departures
Any separations or departures that occur between County employees and the County
shall be designated as one of the following types as defined in Article I, Section 3 and
shall follow the prescribed procedures as described below:
A. Suspension:
a. Any County employee may be suspended from his or her service to the
County with or without pay due to the employee's current job performance,
personal conduct, or other behavior that is unsatisfactory or contrary to the
mission and policies of Harnett County. Suspensions without pay shall not
exceed thirty (30) calendar days. In situations of suspension without pay,
employees are not permitted to use compensatory, vacation or sick time
nor will he or she receive holiday pay.
b. The suspended employee's Department Head shall provide a Disciplinary
Action Report detailing his or her suspension, whether this suspension is
with or without pay, the reasons for the suspension, duration of the
suspension, and what must be done by the employee upon returning to
work. The Department Head executing the suspension shall notify the
Human Resources Department and the County Manager immediately. The
Disciplinary Action Report shall then be delivered to the employee in
person and filed in the employee's personnel file in the Human Resources
Department. The Disciplinary Action Report may be found in Appendix C
of this Ordinance.
c. An employee suspended for the reasons stated above may appeal his or
her suspension in accordance with the Grievance and Appeal Policy as
addressed in Article X.
B. Investigatory Suspension:
a. Any County employee may be may be placed on investigatory suspension
with pay in order to provide the County with more time to thoroughly
investigate a situation or to reach a decision concerning an employee's
status. Such separation may also be utilized to avoid undue disruption or
to protect County employees and property.
b. Any investigatory suspension shall not exceed forty-five (45) calendar
days. If no action has been taken against the employee by the end of the
forty-five (45) day period, one of the following must occur:
i. The employee shall be reinstated to his or her current position.
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ii. The employee will be subjected to appropriate disciplinary actions
based on the results of the investigation in accordance with the
Disciplinary Action Policy as addressed in Article IX.
C. Voluntary Resignation / Quitting:
a. Any County employee who wishes to voluntarily resign or quit his or her
position with the County should give the immediate Supervisor and
Department Head a minimum of two (2) weeks written notice. Once the
employee's two (2) weeks are up, and the employee has not informed the
County otherwise, the employee shall be considered resigned from the
position and the position may be filled in the discretion of the County. If a
resignation has been accepted by the County, it shall be the County's sole
discretion whether to allow an employee to rescind the resignation.
b. The County reserves the right to provide an employee with up to two
weeks' pay in lieu of notice in situations where job or business needs
warrant.
c. Any County employee who fails to report to work without giving written or
verbal notice to his or her Supervisor or Department Head for a period of
at least three (3) days will be considered to have voluntarily resigned the
position.
d. If an employee voluntarily resigns or quits his or her position with the
County in the above described manners, the employee will have no
appeal rights as addressed in Article X.
D. Dismissal / Involuntary Resignation / Termination:
a. Any County employee may be dismissed from duty, forced to involuntarily
resign their position, or terminated by the County in accordance with the
Disciplinary Action Policy addressed in Article IX.
b. Any employee separated from the County in this manner will be allowed
his or her appeal rights as addressed in Article X.
E. Reduction in Force
a. In the event that a reduction in force becomes necessary, consideration
shall be given to the quality of each employee's past work performance,
current work ethic, experience, and substantive training. Department
needs and seniority will also be taken into consideration, but the primary
information will come from an employee's past performance reviews.
b. Any employees who are scheduled to be laid off shall be given at least
two (2) weeks' notice. No full-time permanent employees shall be
separated while there are temporary employees serving in the same class
in the department, unless the full-time permanent employee is not willing
to transfer to the position held by the temporary employee.
c. Any employee separated from the County in this manner will be allowed
his or her appeal rights as addressed in Article X.
F. Disability
c. Any County employee may be separated or depart from service to the
County due to any physical or mental condition that limits movement,
senses, or activities to such a degree that the County employee is unable
to complete his or her essential job duties.
d. Separation in this manner may be initiated by the employee or the County,
but in all cases must be supported by medical evidence from a physician.
e. Separation in this manner is subject to the certification requirements
addressed in the Family Medical Leave Act section of this Ordinance.
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f. Before an employee is separated due to disability, a reasonable effort
shall be made to locate alternative positions within the County for which
the employee may be suited.
g. Any employee separated from the County in this manner will be allowed
his or her appeal rights as addressed in Article X, as long as the employee
did not initiate the separation.
G. Retirement: Any County employee may be voluntarily separated or depart from
service to the County by any means of retirement. This includes resigning from
his or her position and drawing his or her retirement benefits from the County,
LGERS, the supplemental retirement income plan, or Social Security.
H. Death: Separation in this manner entitles the estate of the employee to all
compensation addressed in Article VI, Sections 3 & 4, and Article VII, Section 5.
If a County employee voluntary resigns, quits, is dismissed, is involuntary forced to
resign, or is terminated, the employee's Supervisor or Department Head should inform
the employee that out -processing is necessary and the employee should visit the
Harnett County Human Resources Department. The Human Resources Department will
then coordinate with the employee concerning distribution of retirement funds, 401(k)
contributions, continuation of medical benefits under the Consolidated Omnibus Budget
Reconciliation Act (COBRA), conversion of life insurance plans, and a change of
address, if necessary.
Section 2. Reinstatements
Any separated employee who voluntarily resigned in good standing or was separated
from his or her service to the County due to a reduction in force may be reinstated to his
or her position within three (3) years from the date of separation.
Any reinstatement will require the approval of the Department Head and the County
Manager, but those employees who are reinstated shall be credited with all previous
years of County service, any previously accrued sick leave, and will receive all benefits
provided in accordance with this policy, federal law, and state law.
The salary paid a reinstated employee shall be as close as reasonably possible to the
salary previously paid to the employee, given the circumstances of each employee's
case and the employee's newly acquired position.
Any employee who enters extended active duty with the Armed Forces of the United
States, the Public Health Service, or with the Armed Forces Reserves will be granted
reinstatement rights in accordance with USERRA and Article VI, Section 10 of this
policy.
ARTICLE IX. DISCIPLINARY ACTION POLICY
Section 1. Policv Coverage
The following disciplinary action policy covers only those full-time permanent employees
in the service of the County. Any Harnett County employees who are part-time or on a
probationary period are not covered by this policy and do not enjoy or retain any of the
rights found within this Article. Any part-time or probationary employees are considered
at -will employees and may be separated from their service to the County without
justification or warning.
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Section 2. DisciDlinary Actions
Any County employee, regardless of occupation, position, or profession may be subject
to disciplinary action.
The type of disciplinary action taken shall be based upon the sound and considered
judgment of the County Manager, Deputy County Manager, Assistant County Manager,
or Department Head executing the action and may depend on the number, nature, and
severity of the offense.
The Deputy County Manager, Assistant County Manager, and Directors (Department
Heads) are not subject to the Three Warning Rule as outlined in Section 6(B) of this
Article and may be subject to adverse action without prior written warning or other
written notice in the employee's personnel file; however, there shall be an action or
condition relating to unsatisfactory job performance as outlined in Section 6(B)(c) to
take any form of adverse action against any of these employees. These employees are
not subject to the Grievance Policy as outlined in Article X; however, affected
employees may appeal an adverse action to the BOC. If an affected employee is
terminated or involuntarily resigns pursuant to Section 6(B) of this Article, the employee
shall receive a severance of a minimum of three (3) months' with a maximum of six (6)
months' of their then existing salary as determined by the County Manager. The
severance package shall also include all other benefits of the regular payroll schedule
including health insurance. These employees shall not be eligible for severance if the
adverse action is for just cause or unsatisfactory or contrary personal conduct as
outlined in Sections 6(A) and 6(C) of this Article.
Section 3. Responsibilities of the County Manager
The County Manager is responsible for maintaining the proper conduct and discipline of
all County employees. He or she must be prepared to discipline those employees who
fail to meet expectations and fall far below the standards mandated by the County.
Therefore, when an employee's current job performance, personal conduct, or other
behavior is unsatisfactory or contrary to the mission and policies of Harnett County, the
County Manager may use any disciplinary action sanctioned by the County to discipline
the employee depending on the number, nature, and severity of the offense.
Section 4. Responsibilities of Department Heads, Supervisors, Assistant County Manager
and Deputy County Manager
Department Heads, Supervisors, Assistant County Manager, and Deputy County
Manager are responsible for maintaining the proper conduct and discipline of
employees under their supervision. They must be prepared to discipline those
employees who fail to meet expectations and fall far below the standards mandated by
the County. Therefore, when an employee's current job performance, personal conduct,
or other behavior is unsatisfactory or contrary to the mission and policies of Harnett
County, a Department Head, Supervisor, Assistant County Manager, or Deputy County
Manager may use any disciplinary action sanctioned by the County to discipline the
employee depending on the number, nature, and severity of the offense. However,
Supervisors are not authorized to use any formal disciplinary action without the approval
of the Department Head.
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Section 5. Review of Discir)linary Documents
All written documents pertaining to any disciplinary actions covered under this policy,
whether prepared by a Department Head, Supervisor, Assistant County Manager,
Deputy County Manager, or the County Manager, must be reviewed by the Human
Resources Director prior to being provided to a County employee who is to be
disciplined. If the Human Resources Director is the subject of disciplinary action, the
Legal Department or legal counsel retained for the disciplinary matter shall review the
disciplinary documents.
Section 6. Reasons for Discipline
A. Discipline for Just Cause
a. Discipline for just cause refers to any situation where the County Manager,
Deputy County Manager, Assistant County Manager, Supervisor or a
Department Head executes some form of disciplinary action in order to
discipline an employee for some justified reason.
b. Any disciplinary action sanctioned by the County may be used to discipline
any County employee for just cause.
c. Any adverse action executed by a Department Head, Assistant County
Manager, Deputy County Manager or the County Manager for just cause
does not require any sort of warning or other written notice.
B. Discipline for Unsatisfactory Job Performance
a. Three Warning Rule: Any County employee who is subject to discipline for
unsatisfactory job performance shall receive at least three (3) warnings
before an adverse action is taken. Such warnings shall be issued to the
employee and shall include the nature of the proposed action, its effective
date, and the reason(s) for the action. These warnings, along with
employee discussion notes and any other documents pertaining to such
warnings, are to be placed in the employee's personnel file and are
subject to Article XII.
i. First Offense: For the first offense, at least one (1) documented oral
warning detailing the employee's unsatisfactory job performance
must be issued by the employee's Supervisor or Department Head.
ii. Second Offense: For the second offense, at least one (1) written
warning must be issued by the employee's Supervisor or
Department Head notifying the employee in writing of how he or
she is performing unsatisfactorily and what must be done for the
employee to achieve satisfactory performance.
iii. Third Offense: For the third offense, a final written warning must be
issued by the employee's Department head or Supervisor. A final
written warning serves as a notice to the employee that he or she
continues to have unsatisfactory job performance, that any steps
taken to correct such unsatisfactory performance have failed, and
that some form of adverse action is forthcoming.
b. In the sound and considered judgment of the County Manager, Deputy
County Manager, Assistant County Manager, or Department Head
executing the action, taking into consideration the number, nature, and
severity of the offense, determines that immediate action is warranted, the
Three Warning Rule may be disregarded.
c. Actions or conditions relating to unsatisfactory job performance that are
adequate grounds for discipline in accordance with this policy include, but
are not limited to:
i. Inefficiency, incompetence, or any other deficiency of an employee
in the performance of his or her job duties.
ii. An employee's careless or improper use of County property or
equipment.
iii. An employee's physical or mental incapacity to perform the
essential duties of his or her position with the County.
iv. An employee's discourteous treatment of the public or any other
County employees.
v. An employee's absence from work without notice or leave.
vi. An employee's habitual improper use of leave privileges.
vii. An employee's habitual pattern of failure to report for duty at the
assigned time and place.
C. Discipline for Unsatisfactory or Contrary Personal Conduct
a. In accordance with this policy, County employees who personally act,
engage in, or otherwise condone personal conduct or other behavior that
is unsatisfactory or contrary to the mission and policies of Harnett County
may be subject to any form of disciplinary action sanctioned by the
County. Such behavior is unbecoming of a County employee and any
adverse consequences from such unsatisfactory or contrary conduct will
reflect poorly on the entirety of Harnett County.
b. Any disciplinary actions taken under this policy will be determined by the
sound and considered judgment of the County Manager, Deputy County
Manager, Assistant County Manager, or Department Head executing the
action, taking into consideration the number, nature, and severity of the
offense.
c. Actions relating to unsatisfactory or contrary personal conduct that are
considered grounds for disciplinary action in accordance with this policy
include, but are not limited to:
i. Personal conduct or other behavior unbecoming a public officer or
County employee.
ii. The conviction of an employee for a felony or misdemeanor that
would adversely affect performance of job duties.
iii. An employee's no contest plea to a felony or misdemeanor charge.
iv. The direct misappropriation of County funds or property by a
County employee or his or her help in the cover up of such a
misappropriation of County funds or property.
v. Falsification of County records by a County employee.
vi. An employee reporting to work under the influence of alcohol or
illicit drugs or partaking of such substances while on or off duty.
Prescribed medications, however, may be taken within the limits
set by a licensed physician so long as the employee complies with
requirements set forth in the Harnett County Drug and Alcohol
Policy.
vii. An employee's willful damage or destruction of public or personal
property.
viii. An employee's willful acts that endanger or will endanger the lives
and/or property of other employees or other members of the
County.
ix. Acceptance of gifts in exchange for favors or influence.
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x. An employee's incompatible employment or conflict of interest that
disrupts his or her job performance.
xi. Any violation of the political activity restrictions placed on County
employees.
xii. Insubordination.
xiii. The willful violation of known or written policies, rules, or
procedures.
Section 7. Adverse Action Conferences
After a Department Head, Assistant County Manager, Deputy County Manager, or the
County Manager has decided to take any form of adverse action against a County
employee for unsatisfactory job performance or unsatisfactory or contrary personal
conduct, the executing Department Head, Assistant County Manager, Deputy County
Manager, or County Manager shall provide the employee with a written notice to attend
an adverse action conference. The notice shall outline the unsatisfactory job
performance or unsatisfactory or contrary personal conduct to be discussed. At this
conference, the employee may present any response to the proposed adverse action to
be taken to the Department Head, Assistant County Manager, Deputy County Manager,
or County Manager. The Department Head, Assistant County Manager, Deputy County
Manager, or County Manager will consider the employee's response, if any, to the
proposed adverse action, and will notify the employee in writing of his or her final
decision. This final written notice shall include the nature of the adverse action being
taken, its recommended effective date, and the reason(s) the action is being taken
against the employee. An employee may be immediately terminated and shall not be
entitled to an adverse action conference if the County Manager determines that an
employee's conduct endangers or will endanger the lives and/or property of other
employees or other members of the County or engages in any other gross misconduct
which necessitates the immediate termination of the employee.
ARTICLE X. GRIEVANCE & APPEAL POLICY
Section 1. Purpose
In order to maintain a harmonious and cooperative relationship between the County
and its employees, it is the policy of Harnett County to provide a just and fair procedure
for the presentation, consideration, and disposition of any employee grievances. The
purpose of this section is to implement this policy and to assure all full-time employees
that their grievances will be answered and decided fairly, quickly, and without
interference, coercion, restraint, discrimination, penalty, or reprisal.
The following policy, therefore, provides grievance and appeal procedures for all full-
time employees of Harnett County who: (1) feel they have been discriminated against
because of age, sex, race, religion, color, national origin, genetic information, political
affiliation, disability, or pregnancy; (2) have been the subject of any adverse action
executed under the Disciplinary Action Policy addressed in Article IX; (3) have been
separated from employment due to a reduction in force or disability addressed in Article
VIII; or (4) have a genuine non -frivolous grievance with the County, its employees, or
any implementation of County policy.
Section 2. Covered Employees
U:
This policy covers only those full-time employees in the service of Harnett County. Such
full-time County employees shall have the uninhibited right to present a grievance in
accordance with the following grievance procedures, with or without a representative,
free from interference, coercion, restraint, discrimination, penalty, or reprisal.
Any Harnett County employees who are part-time or on a probationary period are,
however, not covered by this policy and do not enjoy or retain any of the rights found
within this Article. Part-time or probationary employees are considered at -will
employees and may be separated from their service to the County without justification
or warning and may not appeal or file a grievance pertaining to such separation.
Section 3. Grievance Defined
A grievance is defined as a specific, formal notice of a full-time County employee's
dissatisfaction, based upon an event or condition which affects the circumstances under
which an employee works, and that is expressed through the appropriate grievance
procedures. The particular dissatisfaction complained of should be reasonable to the
average person and may not be frivolous, but may include: (1) any acts of
discrimination against an employee because of age, sex, race, religion, color, national
origin, genetic information, political affiliation, disability, or pregnancy; (2) any adverse
action executed under the Disciplinary Action Policy addressed in Article IX; (3)
separation from employment due to a reduction in force or disability addressed in Article
VIII; or (4) any unfair application, misinterpretation, or lack of established County policy.
Section 4. Grievance Procedures
Note: Before initiating any steps of the following grievance procedures, employees are
strongly encouraged to seek informal resolution of disputes through communication with
the individual(s) involved or with a Supervisor. If all efforts for informal resolution fail, the
employee should follow the below procedures to seek formal resolution.
Step One: Any full-time employee may file a written grievance with the Human
Resources Director within thirty (30) calendar days of the date of the incident giving rise
to the grievance. The written grievance shall state concisely the basis for the grievance
and, if based on alleged discrimination, whether the alleged discrimination was based
on race, color, religion, sex, national origin, political affiliation, genetic information,
disability, pregnancy, or age. If the grievance is related to any alleged acts by the
Human Resources Director, the employee shall file the written grievance with the
Deputy County Manager or Assistant County Manager designated by the County
Manager. If the grievance is related to any alleged acts by the County Manager, the
employee shall file the written grievance with the County Attorney or counsel retained to
review the matter.
Step Two: The Human Resources Director, shall meet with the employee and issue a
written response within ten (10) business days of receipt of the grievance. To prepare
this written response, the Human Resources Director may contact and consult any
other County employees he or she deems necessary to reach a correct, impartial, and
equitable determination concerning the grievance. The employee shall sign and date
the written determination as an acknowledgement of the Supervisor, Department Head,
or Human Resources Director's decision. If the grievance is related to any alleged acts
by the Human Resources Director, the Deputy County Manager or Assistant County
Manager designated by the County Manager shall meet with the employee and issue
the written response. If the grievance is related to any alleged acts by the County
Manager, the County Attorney, or counsel retained to review the matter, shall meet with
the employee and issue the written response.
Step Three: If the employee is unsatisfied with the determination of the Human
Resources Director, Deputy County Manager, or Assistant County Manager, he or she
may appeal this determination by preparing and submitting an Appeal Packet to the
County Manager within thirty (30) calendar days after receipt of the or Human
Resources Director's, Deputy County Manager's or Assistant County Manager's written
determination. This Appeal Packet shall consist of the employee's first written
grievance, the written determination of the Human Resources Director, Deputy County
Manager, or Assistant County Manager, and any other documentation he or she feels is
necessary. If the grievance is related to any alleged acts by the County Manager, the
Appeal Packet shall be submitted to the Chairman of the Harnett County Board of
Commissioners.
Step Four: The County Manager will hear from all parties involved and, after careful
consideration of the submitted documents, shall render a written determination within
ten (10) business days of receipt of the Appeal Packet. If the grievance is related to any
alleged acts of the County Manager, the Harnett County Board of Commissioners shall
hear the appeal and render a written determination.
Step Five: The County Manager and the Human Resources Department shall notify the
employee of the final decision in writing. If the Chairman of the Board of Commissioners
renders a written decision, the County Attorney, or counsel retained for the matter, shall
notify the employee of the Board's determination and inform him or her of the final
decision in writing. The employee shall then sign this written final decision
acknowledging that his or her grievance has been fully heard and his or her appeal
rights concerning this issue have now been fully invoked under this policy.
Note (Step Six): Employees subject to the jurisdiction of the North Carolina Office of
State Human Resources shall have the right to appeal to the Office of State Human
Resources through the Office of Administrative Hearings no later than thirty (30) days
after receipt of the written final decision, provided the employee has obtained
permanent status in accordance with the rules and regulations of the State Personnel
Commission. The decisions of the Office of State Human Resources shall be binding in
appeals of local employees subject to the State Personnel Act if the Office of State
Human Resources 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 Office of State Human Resources shall be
advisory to the local appointing authority.
Section 5. Grievance Records
All written grievances, compiled Appeal Packets, documents, records, and reports will
be retained on record by Harnett County for a minimum of three (3) years. Such records
shall be held by the Human Resources Director.
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Section 6. Other Remedies
The existence of the grievance procedures herein addressed does not preclude any
individual from pursuing any other remedies available to him or her under local, state, or
federal law.
ARTICLE XI. WHISTLEBLOWER POLICY
Section 1. Purpose
Harnett County is committed to the highest standards of moral and ethical behavior by
its employees, administrators, and elected officials. With this in mind, the County
prohibits any fraudulent, criminal, or otherwise improper activities by any County
employees, Supervisors, Department Heads, Administrators, and/or elected officials. By
implementing this policy, Harnett County seeks to prohibit dishonest acts and/or
fraudulent activity and to advise employees, Supervisors, Department Heads,
Administrators, and elected officials of their responsibility to report suspected fraudulent,
criminal, or otherwise improper activities.
The purpose of this policy is to encourage all Harnett County employees to report,
verbally or in writing, evidence of any fraudulent, criminal, or otherwise improper activity
by any County employee, Supervisor, Department Head, Administrator, or elected
official. In addition, this policy seeks to assign responsibility to the BOC for the
development and implementation of adequate internal controls, appropriate safeguards,
and performance of investigations relating to any and all suspected and/or confirmed
fraudulent, criminal, or otherwise improper activities.
Section 2. Scope of Poli
This policy applies to any and all fraudulent, criminal, or otherwise improper activities
involving County employees, Supervisors, Department Heads, Administrators, and
elected officials, as well as consultants, vendors, contractors, outside agencies, and/or
any other parties having a business relationship with the County. This policy also
applies to employees of boards, agencies and commissions over which the BOC has
authority.
Section 3. Reportable Actions
As used in this policy, the terms "fraudulent, criminal, or otherwise improper" includes,
but is not limited to, the following:
• Any violation of local, state, or federal law, rule, or regulation.
• Any violation of this policy.
• Any dishonest or fraudulent act.
• Any forgery or alteration of a check, bank draft, or other financial document.
• Misappropriation of funds, securities, supplies, or other assets.
• Impropriety in the handling or reporting of money or financial transactions.
• Accepting or seeking anything of material value from vendors, contractors, or
other persons providing services/materials to the County.
• Using County funds to make unauthorized purchases.
• Authorizing or receiving compensation for hours not worked.
• Gross mismanagement, gross waste of monies, or gross abuse of authority.
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• Any similar or related inappropriate conduct.
Section 4. Whistleblower Defined
As used in this policy, the term "whistleblower" includes any County employee who
reports or otherwise brings to the attention of the appropriate authority any information
relating to the perpetration of any of the above activities by any County employee,
Supervisor, Department Head, Administrator, or elected official.
Insofar as possible, the confidentiality of the whistleblower will be maintained unless the
whistleblower waives his or her confidentiality in writing. Identity, however, may have to
be disclosed to conduct a thorough investigation, comply with state or federal law, or to
provide accused individuals their legal right of defense.
Whistleblowers reporting suspected fraudulent, criminal, or otherwise improper activities
should refrain from confrontation with the suspect and should not discuss the matter
unless specifically asked to do so by the County Attorney.
Section 5. Retaliation
Harnett County will not, in any capacity, retaliate against a whistleblower no matter the
person being accused or the allegation being made. Therefore, no County employee or
elected official shall:
A. Dismiss, or threaten to dismiss, any employee.
B. Discipline, suspend, or threaten to discipline or suspend an employee.
C. Impose any penalty upon an employee.
D. Intimidate or coerce an employee because the employee has acted in
accordance with the requirements of this policy.
Section 6. Responsibilities & Reporting Procedures
All County employees and elected officials are responsible for complying with the
entirety of this policy along with all local, state, and federal laws.
All County employees and elected officials are responsible for the prevention and
detection of any and all fraudulent, criminal, or otherwise improper activities.
Any County employee or elected official who has a reasonable basis for believing any
improper activity has occurred, or is occurring, has a responsibility to notify the
appropriate Supervisor, Department Head, or Administrator.
Supervisors, Department Heads, and Administrators have a responsibility to
immediately notify the County Attorney of all fraudulent, criminal, or otherwise improper
activities reported.
Reporting options are as follows:
A. Via confidential internet reporting link available at www.harnett.org.
B. By spoken word to the appropriate Supervisor, Department Head, or
Administrator followed by a written statement signed by the whistleblower.
C. Through a written notice, sent to the attention of the County Attorney, signed by
the whistleblower.
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Section 7. Investigative Procedures
Once a report has been documented, the County Human Resources Director, Finance
Director, and County Attorney will conduct an objective and impartial investigation into
the suspected unlawful activity.
The County Human Resources Director, Finance Director, and County Attorney have
the primary responsibility for investigating the reported fraudulent, criminal, or otherwise
improper activities; however, other individuals may be selected to assist in the
investigative process.
Members of the investigative team will have:
A. Free and unrestricted access to all County records and premises, whether owned
or rented, as permitted by law; AND
B. The authority to examine, copy, and /or remove all or any portion of the contents
of files, desks, cabinets, and other storage facilities on the premises without prior
knowledge or consent of any individual who may use or have custody of any
such items or facilities when it is within the scope of their investigation.
In an instance where the investigation indicates possible criminal activity, the
investigation will be turned over to the appropriate law enforcement agency.
Details and results of the investigation will not be disclosed or discussed with anyone
other than those who have a legitimate need to know, in order to protect the reputations
of persons suspected of the improper activity but subsequently found innocent of
wrongdoing and to protect the County from potential civil liability.
The details and results of the investigation will be communicated in writing to the County
Manager, the audit firm engaged to perform Harnett County's annual audit, and any
other appropriate designated personnel.
Section 8. Violation
A County employee or elected official shall be in violation of this policy if any retaliation
is had against a whistleblower.
Any participant in an investigation under this policy that willfully, purposefully, or
negligently releases any details and/or results of any investigation shall be in violation of
this policy.
A whistleblower may be in violation of this policy if a baseless allegation is made with
reckless disregard for truth and that is intended to be disruptive or to cause harm to
another individual.
Any employee and/or Whistleblower in violation of this policy will be subject to the full
extent of local, state, and/or federal law, along with any appropriate disciplinary actions
by the County as addressed in Article IX and any other civil remedies allowed by law.
Section 9. Media Issues
County employees, Supervisors, Department Heads, Administrators, or elected officials
shall not discuss any ongoing investigations with any media news outlets. Only the
County Attorney or County Manager may disclose information to a media source.
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Section 10. Sanctions
Any County employees, Supervisors, Department Heads, Administrators, or elected
officials suspected of participating in any improper activities may be suspended without
pay during the course of the investigation.
Any County employees or elected officials found to have engaged and participated in
any improper activities are subject to the full extent of local, state, and/or federal law,
along with any appropriate disciplinary actions by the County addressed in Article IX
and any other civil remedies allowed by law.
Any County employees or elected officials found to have knowledge of any improper
activities and who knowingly failed to report the activities will be subject to disciplinary
actions as addressed in Article IX.
The relationship of individuals or entities associated with Harnett County, such as
consultants, vendors, contractors, outside agencies, and/or any other parties having a
business relationship with the County, found to have participated in any fraudulent,
criminal, or otherwise improper activities will be subject to review, with the possible
consequence of modification or termination of the relationship.
If any form of disciplinary action by the County is warranted, such action will be taken
after consultation of the County Manager, the Human Resources Director, the County
Attorney, and other offices as deemed necessary and/or appropriate
ARTICLE XII. PERSONNEL RECORDS
Section 1. Personnel Record Retention & Stora
Such personnel records as are necessary for the proper administration of the personnel
system will be maintained and stored with the Human Resources Department.
Section 2. Updating Personnel Records
County employees, in order to provide the County with the most up-to-date information,
must report any changes to their personal information to their immediate Supervisor,
Department head, or the Human Resources Department.
If a County employee changes his or her marital status, has a child, or experiences the
death of an immediate family member, he or she should contact the Human Resources
Department immediately for important time -sensitive insurance reasons.
Section 3. Public Access to Personnel Records
As required by NCGS §153A-98, any person may have access to the information listed
below for the purpose of inspection, examination, and copying during regular County
business hours, however, each individual requesting access to such information will be
required to submit satisfactory proof of identification and a record shall be made of each
disclosure and placed in the employee's file. Such requests are also subject to any
rules and regulations the BOC may adopt. Any person denied access to any record
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containing the information listed below shall have the right to compel compliance by
application to a court for a writ of mandamus or other appropriate relief.
The following information on each current or former County employee is public
information that may be requested, viewed, and seen by all persons:
A. Employee Name and age
B. Original employment or appointment date
C. Current position and title
D. Current salary
E. Date and amount of most recent change in salary, whether increase or decrease.
F. Date and type of each promotion, demotion, transfer, suspension, or any other
change in position classification.
G. Date and general description of the reasons for each promotion.
H. Date and type of each dismissal, suspension, or demotion for disciplinary
reasons taken by the County. If the disciplinary action is a dismissal, a copy of
the written notice of the final decision setting forth the specific acts or omissions
that are the basis for the dismissal.
I. Harnett County Department or Office to which the employee is currently
assigned.
All other information contained in a County employee's personnel file will be maintained
as confidential in accordance with the requirements of NCGS §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 or her
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 all
portions of his or her personnel file pertaining to his or her medical conditions or
medical history.
C. Supervisors, Department Heads, the Human Resources Director, and the County
Manager may examine all material in any employee's personnel file that he or
she has authority over.
D. Any person may examine all material in an employee's personnel file by the
order of a court with competent jurisdiction.
E. Any agency official of the State or Federal government, or any political
subdivision of the State, may inspect any portion of an employee's personnel file
when such information is deemed necessary and essential to the pursuance of a
proper function of the inspecting agency by the Human Resources Director. No
information, however, shall be divulged to such agency officials 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.
Any public official or County employee who knowingly and willfully permits any person
to have unauthorized access to any confidential information contained in an employee's
personnel file is guilty of a misdemeanor and upon conviction shall be fined in an
amount not to exceed five hundred dollars ($500.00) and may face disciplinary actions
addressed in Article IX.
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Section 4. Remedies of Employees Objecting to Material in File
Any full-time permanent County employee who objects to any material in his or her file
may place in his or her file a statement relating to the material he or she considers to be
inaccurate or misleading. The employee, if he or she so chooses, may seek the removal
of such material in accordance with established Grievance & Appeal Policy addressed
in Article X.
Section S. Destruction or Removal of Records
No public official or County employee may destroy, sell, loan, or otherwise dispose of
any public record, except in accordance with NCGS §121-5(b), without the consent of
the State Department of Cultural Resources.
Whoever unlawfully removes a public record from the Human Resources 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 NCGS §132-3.
ARTICLE XIII. IMPLEMENTATION OF POLICY
Section 1. Conflicting Policies Reaealed
All policies, ordinances, or resolutions that conflict with the provisions of this policy are
hereby repealed.
Section 2. Severabili
If any provision of this policy is held invalid, the remainder of this policy will not be
affected by the invalidation.
Section 3. Policv Violations
Any employee found in violation of this policy shall be subject to any disciplinary actions
discussed in Article IX, in addition to any civil or criminal penalty that may be imposed
for the violation of the same under local, state, or federal law.
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Section 4. Effective Date
This ordinance shall be in effect from and after January 1, 2016.
Amended June 6, 2022
Amended June 17, 2024
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.
APPENDICES
The following appendices are grouped under the article in which they appear in the
Personnel Ordinance. Therefore, all forms, reviews, certifications, or other policies that
are found within Article V will appear in Appendix A.
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APPENDIX A: ARTICLE V FORMS
Request Date: _
Employee Name:
Department:
Last
Harnett
-�C0U N T Y
NORiH CAROONA
Outside Employment Request Form
First
Middle
Outside employment is defined in the Harnett County Personnel Ordinance as any and
all employment or self-employment for salaries, wages, tips, or commissions other than the
position currently held by the employee with Harnett County.
All County employees should understand that the work and overall mission of Harnett
County is to take priority over all other employment interests. Therefore, Harnett County
reserves to the right to restrict outside employment so as to prevent interference with County
work.
All employees, in hopes to provide the most efficient and hardworking staff, are subject
to the Outside Employment Policy found in the Harnett County Personnel Ordinance and must
understand that any secondary work must not have an adverse effect upon County work,
cannot be contrary to County policies, and cannot create an appearance of impropriety.
Secondary Employer Information:
Employer Name:
Employer Address:
Street
Employer Phone Number: (_ _ _)
Employee's Secondary Position Title:
Employee's Secondary Position Duties:
City State
-- Hours to be worked:
Certification
Zip
I request approval to obtain outside employment as described
above. I have read and understand the Outside Employment Policy as written in the Harnett
County Personnel Ordinance at Article V, Section 4, and my outside employment will in no way
conflict, interfere, or otherwise hinder my employment with Harnett County. I understand that
this authorization may be revoked if the outside employment adversely affects my performance
with Harnett County.
Employee Signature Date
As the Department Head of Department, I have reviewed your
request for outside employment your request is hereby: Approved Denied
Department Head/Director Signature
Date
APPENDIX A. ARTICLE V FORMS
Harnett
(� C 0 U N T Y
NORTH CAROLINA
Workplace Violence Incident Report
This form is to be completed by the designated employee investigating the incident and filed immediately
with Human Resources. Any victim, assailant, or witness statements, along with any other pertinent
documents to the investigation, should be attached.
Please print legibly, provide all the information requested below, and complete the entire form.
Investigating Employee:
Title:
Telephone:
Time:
Location of Incident:
Street
Department:
Date of Incident:
City
Date:
State
Type of Incident Reported (Check all that apply):
_Harassment _Physical/Verbal Abuse _ Stalking _ violating a Restraining Order
_Threatening Communications (Written) _ Threatening Communications (Verbal) _Domestic
Violence _Fighting _Use of a deadly weapon or item as a weapon
_Engaging in activities that are intended to frighten, coerce, or induce duress
Other (Explain)
Reason for Incident (Check all that apply):
_Conflict with current or former co-worker(s) _Alcohol or drug related _Mental Health
_Conflict with Supervisor or Department Head _Hostile response to Disciplinary Action
Reaction to a demotion, reduction in force, or other form of termination
Zip
—Family/domestic dispute _Receiving a poor performance appraisal _Racial tension _Resisting
Arrest _Other (Explain)
Injuries (Check all that apply): _Physical Injury _Trauma/Emotional Injury _Death
Brief Description of Incident:
Victim Information: Information should be gathered by the investigating employee from the victim. The
victim should record a brief description of the incident in the space provided below.
Victim's Name:
Last
Department of Victim:
First
Title of Victim:
Middle
Victim's Phone Number: (_ )
109
Address of Victim:
Street City State Zip
Relationship to Assailant: _Co-worker/former employee _Customer/Client _Supervisor
_Person In Custody _Stranger _Spouse _Family Member _Other
Victim's Brief Description of Incident:
Assailant Information: Information should be gathered by the investigating employee from the assailant.
The assailant should record a brief description of the incident in the space provided.
Assailant's Name:
Last
Department of Assailant:
Assailant's Phone Number: (_ )
Address of Assailant:
First
Title of Assailant:
Middle
Street City State Zip
Relationship to Victim: _Co-worker/former employee _Customer/Client _Supervisor
_Person In Custody _Stranger _Spouse _Family Member _Other
Assailant's Brief Description of Incident:
-----------------------------------------------------------
Witness Account: If a witness is discovered or comes forward, he or she should complete this section of
the form and provide a brief description of what he or she heard, saw, and felt.
Name:
Last First
Date of Incident: _ _ / _ _ / _ _ Reported Date:
Department: Title:
Witness Phone Number:
Address of Witness:
Street
Brief Description of Incident: _
City State
Middle
Zip
110
APPENDIX A. ARTICLE V FORMS
Harnett
C O U N T Y
Unlawful Workplace Harassment Form
This form must be completed and signed by the complainant and turned into their supervisor,
department head, or Human Resources Director. If the supervisor or department head receives
the complaint, it must be forwarded to the Human Resources Director within three (3) days of
completion of this form.
Please print legibly, provide all the information requested below, attach all pertinent documents
and statements in support of your complaint, and sign upon completion.
Date:
Employee Name:
Department:
Job Title:
Name of your supervisor:
COMPLAINT INFORMATION
1. Individual(s) who allegedly committed act of harassment against you:
Name: Title: Department:
Name: Title:
Name: Title:
2. Date(s) of alleged harassment:
3. Location(s) of alleged harassment:
Department:
Department:
4. Please describe in detail the alleged harassment committed by each identified individual: (if
more space is necessary, attach additional sheets)
5. Please identify all employees or others who witnessed and/or have any knowledge of the
alleged harassment, describing what was witnessed and/or the nature of such knowledge:
6. Please Answer the Following Questions: Yes No
i. Are there any documents supporting your complaint?
(if yes, please attach to this form)
ii. Is there any physical evidence which supports your claim?
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(If yes, please describe):
iii. Have you missed any work time as a result of this incident?
iv. Is the alleged harassment continuing?
V. Have you previously complained about this or related
incidents to your supervisor, department head, or any
other County employee? (if yes, answer the next question)
vi. Please identify the person(s) to whom you complained, date(s),
and nature of complaint:
7. What action do you believe is necessary to prevent the alleged incident from occurring in the
future?
The information provided in this complaint is true and correct to the best of my knowledge. I am
willing to cooperate fully in the investigation of my complaint and provide whatever evidence the
County deems relevant.
Signature Print Name Date
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APPENDIX A. ARTICLE V FORMS
Harnett
C O U N T Y
NORTH CAROLINA
Anti -Nepotism Exception Form
Instructions: This form is to be completed by any employee or official seeking an exception to the Anti -
Nepotism Policy. The completed form should be submitted to the Human Resources Department for
review. All requests for exceptions must be approved by the County Manager.
I. Employee/Official Information
Name:
Title:
Department:
Phone Number:
Email Address:
II. Relative Information
Name of Relative:
Relationship to Employee/Official:
Title of Relative:
Department of Relative:
III. Request for Exception
1. Description of Relationship:
o Provide a detailed description of your relationship with the relative and the nature of their
role within Harnett County.
2. Reason for Exception:
o Explain why you are requesting an exception to the Anti -Nepotism Policy. Include details
on how this exception is in the best interest of the county.
3. Potential Impact:
o Describe the potential impact of this exception on the workplace, including any steps that
will be taken to mitigate conflicts of interest.
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4. Safeguards and Mitigation Measures:
o Outline any safeguards or measures that will be implemented to ensure compliance with
county policies and to prevent conflicts of interest.
IV. Acknowledgment
I acknowledge that I have read and understood the Harnett County Anti -Nepotism Policy. I certify that the
information provided in this form is true and complete to the best of my knowledge. I understand that any
false statements or omissions may result in disciplinary action.
Employee/Official Signature:
Date:
V. Department Head Review
Comments and Recommendations:
Department Head Name:
Title:
Signature:
Date:
VI. Final Decision by County Manager
• Approved: ❑ Yes ❑ No
• Conditions of Approval (if any):
Comments:
VII. Notification
Employee/Official Notified on:
Notification Method: ❑ Email ❑ Phone ❑ In -person ❑ Other:
HR Representative Signature:
Date:
114
APPENDIX B: ARTICLE VI FORMS
Harnett
C O U N T Y
,<OR1N (AROLINA
Leave Without Pay Form
In accordance with Article VI, Section 7 of the Harnett County Personnel Ordinance, I, as an
employee of Harnett County, hereby request that my employment status be changed to a Leave
Without Pay status for the period of through . I understand that if
my request is approved I will cease to accrue any form of leave, but may continue to be eligible
for benefits under the County's group insurance plan.
I have been advised and understand that I must return to work once my Leave Without Pay
period has ended and I am entitled to return to the same position I held at the time leave was
granted or to one of like classification, seniority, and pay. I understand that if I fail to return to
work at the allotted time my employment with the County will be immediately terminated.
Employee Signature
Date
County Manager Signature
Date
Dept. Head/Supervisor Signature
Date
115
APPENDIX B: ARTICLE VI FORMS
Harnett
C O U N T Y
Application to Receive Shared Leave
Instructions: Please complete the information below and submit to the Human Resources
Department. Also, attach a Family and Medical Leave Certification from your physician
documenting the need for leave and the period of absence.
Employee Name
Department
Annual Leave Balance As of Date:
Sick Leave Balance
As of Date:
TOTAL NUMBER OF LEAVE HOURS REQUESTED
(Maximum of 480 hours of Shared Leave per Calendar Year)
Employee Statement:
"This is to request participation in the County of Harnett's Shared Leave Program. I and/or a
member of my immediate family have a medical condition as specified in the attached
physician's statement that is resulting in my absence from work. This is not an elective surgery
nor am I receiving Worker's Compensation benefits. All of my Sick Leave and Annual Leave
has been exhausted and I am requesting donated Shared Leave hours as specified above."
I authorize the Human Resources Department to release information indicating that I or a
member of my immediate family have a serious medical condition which would otherwise be
confidential personnel record information and that I desire Shared Leave donations.
I do not authorize the Human Resources Department to release my name or medical
information indicating that I have a serious medical condition. I understand that although I may
be eligible for Shared Leave, by limiting the information that is released, willingness of my co-
workers to donate leave to a blind request may be reduced.
Employee's Signature and Date
Department Head Comments:
Department Head Signature and Date
116
APPENDIX B: ARTICLE VI FORMS
/~ Harnett
C O U N T Y
:ORTH CAROLINA
Voluntary Shared Leave Donation Form
Instructions: Please complete the information below and submit to the Human Resources
Department.
Donor Information:
Employee Name
Employee Department
Annual Leave Balance Sick Leave Balance As of Date
NUMBER OF ANNUAL LEAVE HOURS TO BE DONATED
(Donations must be in four (4) hour increments)
(You must have a balance of eighty (80) hours of combined leave after donation)
If the Employee requesting Shared Leave has approved release of his/her name and
condition, you may designate the employee to receive the leave if not you are donating
Annual Leave to an anonymous beneficiary.
Employee to Receive Shared Leave
Employee Name
Department Name
I meet all policy requirements for being a Shared Leave Donor and would like to donate the
stated hours of Annual Leave to the employee listed above. I understand that the leave I donate
will be transferred effective the beginning of the 1st pay period after receipt of this authorization
form. I understand that once this donated Annual Leave is transferred to an eligible County
employee, it will not be returned to me under any circumstances and I give up any and all rights
of ownership.
Employee Signature and Date
Please submit this completed form through your supervisor to the department payroll
coordinator. They will forward to Human Resources on your behalf. Thank you.
HR Use Only:
Date received Entered by
Hours transferred Effective date for transfer of Annual Leave
117
APPENDIX B: ARTICLE VI FORMS
Harnett
C 0 U N T Y
AR01INA
Injury Investigation Report
Complete this form as soon as possible after an incident that results in an injury or illness.
(Please also use to investigate a minor injury or near miss that could have resulted in a serious injury or
illness.)
This is a report of a: Death Lost Time Dr. Visit Only First Aid Only Near
Miss
Date of incident: Report is made by: Employee Supervisor Team Other
it report is completed by anyone other than employee, please provide name of the person completing the torm
along with reason why employee is not completing the form below.
Name:
Department:
Job title at time of incident:
Part of body affected: (shade all that apply)
Nature of injury: (check all that
This employee works:
apply)
Regular full time
Abrasion, scrapes
Regular part time
-
Amputation
Seasonal
J
Broken bone
Temporary
Bruise
Burn (heat)
'
Burn (chemical)
Concussion (head)
Crushing Injury
-
Cut, laceration, puncture
--
Hernia
Illness
Sprain, strain
Damage to a body
system
Other:
118
Have you suffered a prior injury(s) or received treatment(s) for the body parts listed above? If yes, provide
date, type of injury and treating physician or practice group.
Exact location of the incident:
During what part of employee's workday? Entering or leaving work
activities
During meal period _ During break Working overtime
Other
Names and contact information of witnesses (if any). -
Name; Phone or Email
Name; Phone or Email
Name; Phone or Email
Name; Phone or Email
L_
Exact time:
Doing normal work
Number of I Written witness statements: Photographs: M�
attachments: i
What personal protective equipment was being used (if any)?
119
Describe, step-by-step the events that led up to the injury. Include names of any machines, parts, objects,
tools, materials and other important details. Please take pictures of the area and machinery involved (Do not
take pictures of the injury or injured person)
continued on attached sheets:
120
Unsafe workplace conditions: (Check all that apply)
Inadequate guard
Unguarded hazard
Safety device is defective
Tool or equipment defective
Workstation layout is hazardous
Unsafe lighting
Unsafe ventilation
Lack of needed personal protective equipment
Lack of appropriate equipment / tools
Unsafe clothing
No training or insufficient training
Other:
Why did the unsafe conditions exist?
Why did the unsafe acts occur?
Unsafe acts by people: (Check all that apply)
Operating without permission
Operating at unsafe speed
Servicing equipment that has power to it
Making a safety device inoperative
Using defective equipment
Using equipment in an unapproved way
Unsafe lifting
Taking an unsafe position or posture
Distraction, teasing, horseplay
Failure to wear personal protective
equipment
Failure to use the available equipment I
tools
Other:
Is there a reward (such as "the job can be done more quickly", or "the product is less likely to be
damaged") that may have encouraged the unsafe conditions or acts?
Yes No If yes, describe:
Were the unsafe acts or conditions reported prior to the incident?
Have there been similar incidents or near misses prior to this one?
Yes No
Yes No
121
What changes do you suggest to prevent this incident/near miss from happening
again?
Stop this activity Guard the hazard Train the employee(s) Train the
supervisor(s)
Redesign task steps Redesign work station Write a new policy/rule Enforce
existing policy
Routinely inspect for the hazard Personal Protective Equipment Other:
What should be (or has been) done to carry out the suggestion(s) checked above?
Step 5: Affirmation
My signature below certifies that the information I have provided is true and accurate. If I
did not complete this form, I have reviewed it in its entirety and agree that it is a true and
accurate description of the incident. I understand that any inaccurate or false statements
may result in delay in process of this claim. I further understand that this information may
be used to determine whether the claim will be paid or denied.
Employees Signature
Individual Completing the Form if not Employee
Received By: Title:
Reviewed by:
Date:
Date
Date
122
Please read this section carefully and cross out the box that is not
signed
Please fill out the one section that applies. A or B
Section A
I _ do hereby agree to be treated by a worker's
compensation doctor chosen by the County of Harnett or its designee as outlined in
North Carolina state law.
Signed This day of 20
Signatu
Section B
I do hereby refuse to be treated for my workplace
injury at this time. I reported the injury but do not feel I need medical attention. I
understand that I have a small window to request treatment and if I fail to do so within
that window, I will lose the right to my workers compensation for this injury.
Signed This day of _20
Signature:
123
APPENDIX B: ARTICLE VI FORMS
Harnett
COUNTY
NORTH CAROLINA
Educational Leave Request Form
In accordance with Article VI, Section 12 of the Personnel Ordinance, Full-time, non -
probationary employees may be eligible for educational leave to take up to one five -hour
course, which shall not include travel time to attend the course. Probationary employees are not
entitled to educational leave unless as a condition of their employment, the employee is
required to take a course during their probationary period.
An employee must complete and submit this form to their immediate Supervisor or Department
Head prior to registering for the course.
Please print legibly, provide all the information requested below, and sign.
Employee name:
Last/First/Middle
Street Address:
Phone: (_ )
Alternate Phone: (_ )
Department:
Course Title:
Title:
Dates of Course: / / thru
Degree Being Pursued:
Institution Name & Address:
Name
Street/City/State/Zip
Credit Hours:
City/State/Zip
Brief statement describing why the course and degree is required for the position, preferred for
the position or how it will substantially enhance your ability to perform your job, or how it is
related to your current or future job duties and responsibilities. (attach additional
documentation/statement if needed)
124
By signing below, I certify that this course is not being offered at any time outside my work
hours and I acknowledge that all the information contained on this form is a true and correct
representation and I am not, nor will I ever, provide the County with false information.
Employee Signature
Date
*Please attach supporting document, including a printout of the course description and
course schedule.
For Department Head Use:
Please provide a brief recommendation as to whether the above employee should be granted
educational leave.
Department Head Signature Date
Approved F7 Denied
Signature
Date
County Manager
125
APPENDIX B: ARTICLE VI FORMS
Harnett
C O U N T Y
FMLA Leave Request Form
In accordance with the FMLA, Harnett County seeks to provide a working environment that: (1)
facilitates the development of children and the family unit, (2) prevents County employees from having
to choose between job security and parenting, (3) allows adequate job security for employees who
have serious health conditions that prevent them from working for temporary periods, and (4) balances
the demands of the County with the needs of the families.
Only eligible employees are allowed to take FMLA leave. An eligible employee is one who: (1) works
for the County, (2) has worked for the County for at least twelve months, (3) has at least 1,250 total
hours of service to the County during the twelve-month period immediately preceding the leave, and (4)
works at a location where the County has at least fifty employees within a seventy -five -mile radius.
Harnett County will hereby grant all eligible County employees a total of twelve (12) workweeks of job -
protected family and medical leave within a single twelve-month period for one or more of the following
qualified reasons: (1) birth & bonding leave, (2) adoption and bonding leave, (3) employee serious
health condition leave, (4) relative serious health condition leave, (5) military exigency leave, and (6)
military caregiver leave.
Along with the completion of this form, every form of FMLA leave mentioned above has its own
federally mandated form that must be completed and submitted before FMLA leave will be granted to
an employee. If an employee fails to complete the FMLA Leave Request Form and any other federally
mandated form their leave will be denied.
Further instructions, restrictions, and limitations on FMLA leave are addressed in Article VI, Section 13
of the Harnett County Personnel Ordinance. Failure to follow all other instructions, restrictions, and/or
limitations will result in an employee's request to be denied.
Please print legibly, provide all the information requested below, and sign the bottom.
THIS FORM MUST BE RETURNED TO HR 3 DAYS FROM DATE OF REQUEST
Date of Request: _ _/_ /_ _ Reason for Request:
FMLA Leave Begin Date: / / FMLA Leave End Date: _ _/_ _/_
Type of FMLA Leave Requested: _ Birth & Bonding Leave _ Adoption & Bonding Leave
_ Employee/Relative Serious Health Condition Leave
Military Exigency Leave _ Military Caregiver Leave
Employee name:
Last First Middle (Maiden)
Social Security Number: _ -- _ _ -- Date of Birth
Street Address:
City State Zip
Phone: (_ _ _) _ _ _ - _ _ _ _ Alternate Phone: (_ _ _)
Department:
Years of Service:
Title:
126
Date
Employee Signature
Department Head Signature
Human Resources Director Signature
*********All Federal Mandated Forms Must Be Attached****"****
Date
Date
127
APPENDIX C: ARTICLE VII FORMS
,. Harnett
C O U N T Y
Direct De posit'Form'
Harnett County employee's paychecks will be automatically deposited at the financial institution of their choice. The advantages to
Direct Deposit include:
• Automatic deposits are safer, the money is in the bank and you don't have the opportunity to lose it.
• On payday you don't have to make arrangements to get the check to the bank (especially banks which are a distance from the
work location) or sign leave to take it yourself.
• If you are on vacation, on a trip, out sick or on business out of town; you do not have to make arrangements to have someone
get your check for you.
• Automatically deposited monies are in the bank payday morning.
Important Note:
ALL NEW OR CHANGED DIRECT DEPOSIT INFORMATION IS PRENOTED SO THAT ACCOUNT INFORMATION CAN BE
SENT TO AND VERIFIED BY YOUR BANK. YOU WILL RECEIVE A PAYCHECK THE MONTH YOU BEGIN OR CHANGE
YOUR NET PAY ELECTION!! YOUR NET PAY AND/OR DEDUCTION(S) WILL BE DIRECT DEPOSITED AFTER YOU HAVE
SUCCESSFULLY COMPLETED THE PRENOTE PROCESS.
Please print legibly and provide all information requested:
Name:
Dept.
Daytime Phone:
BOX 1 DIRECT DEPOSIT OF NET PAY
CHECKING ❑ New ❑ Change ❑ Cancel OR SAVINGS ❑ New ❑ Change ❑ Cancel
BANK NAME:
Account Number:
Bank Routing Number:
NOTE: When changing net pay, the old net pay direct deposit will automatically be cancelled.
BOX 2 DIRECT DEPOSIT DEDUCTION(S)
CHECKING ❑ New ❑ Change ❑ Cancel
❑ $ Amount Change Only
::►. ►_u
Account Number:
Bank Routing Number:
Deduction Amount: S
SAVINGS ❑ New ❑ Change ❑ Cancel
❑ $ Amount Change Only
BANK NAME:
Account Number:
Bank Routing Number:
Deduction Amount: $
NOTE: You may have up to one checking and one savings deduction. If you elect to change from
a savings deduction to a checking deduction, or vice versa, you must cancel the first one;
otherwise, the second one will prenote as a "New" deduction in addition to the other current
deduction.
ATTACH VOIDED CHECK OR LETER FROM THE BANK WITH ACCOUNT AND BANK ROUTING NUMBERS
Letter must be attached for Savings Account
Example: ::.::::.:...........,
•:999999999-:99999999999+ ---_
(Bank Routing Number): (Account Number)
Signature
Date
128
APPENDIX D: ARTICLE IX FORMS
Harnett
C O U N T Y
NORTH CAROLINA
Disciplinary Action Report
The following report should be completed by a Supervisor or Department Head, and shall not be
supplemented by the help of other non -advisory employees. This report will act as a written
notice of offense by an employee and will be considered a disciplinary action against an
employee as addressed and defined in the Harnett County Personnel Ordinance Disciplinary
Action Policy found in Article IX.
If the disciplinary action results in a full-time employee's suspension, involuntary demotion,
dismissal, involuntary resignation, or termination, the employee may appeal the action in
accordance with the Grievance & Appeal Policy as addressed in Article X of the Harnett County
Personnel Ordinance.
Supervisor/Department Head:
Employee name:
Department:
Type of Offense
Last First
Last First
Title:
Middle
Middle
Years of Service:
_ Discipline for Just Cause
_ Discipline for Unsatisfactory Job Performance
Discipline for Unsatisfactory or Contrary Personal Conduct
Other:
Previous & Current Warnings
Oral Warning
Written Warning
Date of Warning
Warning Issued By:
1 st Warning
2nd Warning
3rd Warning
Description of Offense (Please list below the violated offense as it relates to the Harnett County
Personnel Ordinance or Department SOG). Use additional sheet if necessary:
Plan for Improvement:
Disciplinary Action Taken: Oral Warning Written Warning Suspension
Demotion Dismissal
129
Consequences Should Offense Occur Again:
By signing this form, you confirm, acknowledge, and understand the information in this
disciplinary action report. You also confirm, acknowledge, and understand that you and your
Supervisor or Department Head have discussed the disciplinary action to be taken against you
and the reasons it is being taken. You also know that you are expected to improve based on the
plan for improvement provided and the consequences that will occur if you fail to improve or this
offense occurs again. Signing this form, however, does not necessarily indicate that you agree
with this disciplinary action, nor does it suspend any appeal rights you may have under the
Harnett County Personnel Ordinance.
Employee Signature Date
Supervisor Signature Date
Department Head Signature Date
Witness Signature (If employee refuses to sign) Date
Human Resources Director Signature Date
130
APPENDIX E: Personnel Ordinance Acknowledgement
�-�— Harnett
C 0 U N T Y
hdk.11 ', tl,\U LPiY
Personnel Ordinance and Policies Acknowledgement
I, an employee of Harnett County in the
Department, have had an opportunity to review the Harnett
County Personnel Ordinance and Manual. I have read it in its entirety and have had an
opportunity to ask questions about it. Furthermore, I fully understand and agree to
comply with ALL policies within. I also accept that it is my responsibility to seek
clarification from my supervisor or Human Resources staff if at any time I am unclear
about any policies. I fully understand that failure to comply with any policies within the
Harnett County Personnel Ordinance and Manual could result in disciplinary action, up
to and including dismissal.
I understand that the County may change, modify, suspend, interpret or cancel, in whole
or part, any of the published or unpublished policies and procedures, with or without
notice, at its sole discretion, without giving cause or justification to any employee. Such
revised information may supersede, modify or eliminate existing policies.
Employee's (Legal) Printed Name
Employee's Signature
Date
131
Approved by the Harnett
County Board of Commissioners
Date cl.15.25
Lm-agZ1 Ct"E-
Board Meeting
Agenda Item
MEETING DATE: September 15, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Updates to the Personnel Ordinance
REQUESTED BY: Janice Lane, HR Director
REQUEST:
This is a request for the Board to approve changes to the Personnel Ordinance in
accordance with the recent approved MOU between the BOC and BOE. The proposed
changes are in Article 1 Organization of the Personnel System Section 2 Coverage -
Item E (page 7) and (page 8) item F. Attached is the redline version indicating changes
and clean copy of the Personnel Ordinance.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
\\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2025\091525\4H.1 Updates to the Personnel Ordinance
agendaform.docx Page 1 of 1
ORDINANCE NO. 2025-34
Harnett
COUNTY
NORTH [AROLINA
HARNETT COUNTY
PERSONNEL
ORDINANCE
Effective: January 1, 2016
Amended: June 6, 2022
Amended: June 17, 2024 - Effective August 1, 2024
Amended: September 15, 2026 — Effective September 15, 2025
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 North Carolina General
Statute ("NCGS") §153A-5 and §126.
Section 2. Coverage
This policy will cover all Harnett County employees excepting the following:
A. The Harnett County Board of Commissioners ("BOC"), who are, however, subject
to the following:
1. Article III, Section 16
2. Article VII, Sections 1 and 9
3. Article XII
4. Article XI
5. Article XIII
B. The County Manager, who is, however, subject to the following:
1. Article 1
2. Article V
3. Article VI
4. Article VI
5. Article XI
6. Article XII
7. Article XIII
C. The Sheriff and Register of Deeds, who are, however, subject to the following:
1. Article 1
2. Article II
3. Article III
4. Article VI
5. Article VI
6. Article XII
7. Article XIII
D. Employees of the North Carolina Agriculture Extension Service, who are,
however, subject to the following.-
1. Article V
2. Article VI, Sections 2, 8, 9, 12, and 13
3. Article XII
4. Article XIII
E. Employees of the Board The DireGtGr of Elections, who however, subject tc
the following-
1 . Article 1
2. Article II
3. Article III
4. Article IV, Sections 1-5
5. Article V
6. Article VI
7. Article VI
7
8. Article XII
9. Article XIII
This policy will cover all Harnett County employees, however:
A. Employees of the Register of Deeds and Sheriff's Office are exempt from Article
IX and Article X.
B. The Director of Local Public Health is exempt from Article IX and X.
C. The Director of Social Services is exempt from Article IX and X.
D. Employees of the Social Services Department are exempt from Article X.
E. Employees governed by the North Carolina State Personnel Act are exempt from
Article II.
F. Board of Elections employees are exempt from Article_IX and Article X
G. The Tax Administrator position is exempt from Articles Vill, IX and X. All other
articles are applicable to this position.
Section 3. Definitions (Listed Alohabeticall
The following definitions shall be applied to the entirety of this policy wherever such
words are used. The definitions found below shall be binding on all Harnett County
employees without exception.
Adverse Action: Any disciplinary action taken by Harnett County which directly results in
an employee's suspension (not including investigatory suspension), involuntary
demotion, dismissal, involuntary resignation, or termination.
Adverse Weather: Any weather condition that adversely impacts an employee's
commute to and from work or adversely impacts the County's ability to continue normal
operations.
Anniversary Date: An employee's original date of employment with the County.
Appointing Authority: Any individual or board who has the responsibility to assign or
place a person into a position.
Covered Active Duty: For members of the Regular Armed Forces this term means, duty
during deployment of the member with the Armed Forces. For members of the Armed
Forces Reserve this terms means, duty during deployment of the member with the
Armed Forces to a foreign country under a call or order to active duty in support of a
contingency operation.
Class: Positions or groups of positions having similar duties and responsibilities
requiring similar qualifications, which can be properly designated by one title indicative
of the nature of work performed, and which carry the same salary range.
Cost of Living Increase: An annual adjustment to all pay ranges that may be made by
the BOC. Such an adjustment would become effective the first pay period that begins
immediately following the start of the fiscal year or as otherwise directed by the adopted
budget ordinance for that fiscal year.
Daughter. A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is either under age 18, or age 18 or older and