2022-14 AMENDMENTS TO THE HC PERSONNEL ORDINANCEAPPrOVed by the Hamett
Date Board of Commi: •oners
Board Meeting LiNakwdo
Agenda Item
MEETING DATE: June 6,2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Amend Harnett County Personnel Ordinance
REQUESTED BY: Christopher Appel—Legal Department
REQUEST:
Approve the amendments to the Personnel Ordinance. The amendments include the
definition of Cost of Living Increase,Article III. Section 9. Cost of Living Adjustments,
Article VII. Employee Benefits. Section 1. Insurance Benefits, Article VII. Section 4. Local
Government Employees' Retirement System("LGERS"), and Article VII. Section 8.
Supplemental Retirement Income Plan.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
P:1BOClagendaform2022.docx Page 1 of 1
ORDINANCE NO. 2022-14
F. Employees and members of the Harnett County Board of Education
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. Employees of the Social Services Department are exempt from Article X.
C. Employees governed by the North Carolina State Personnel Act are exempt from
Article II.
D. The Tax Administrator position is exempt from Articles VIII, IX and X. All other
articles are applicable to this position.
Section 3. Definitions(Listed Alphabetically)
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 payranges that may be made by
the BOC.Such an adjustment would become effective'the pay period immediately
following the beginning of the fiscal year or as otherwise directed by the adopted budget
ordinance for that fiscal year.on July 1 of each year. Commented[CAl]:rd rather not put the 16'"in case
we were to ever change the date of the pay period.
Daughter:A biological,adopted,or foster child,a stepchild,a legal ward,or a child of a should i keep the'as otherwise directed by the budget
ordinance?"This would allow for flexibility of the BOC
person standing in loco parentis,who is either under age 18,or age 18 or older and I decided to make it effective 6 months in
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.
Section 9.Cost of Living Adjustments
If the BOC approve a Cost of Living Adjustment,the increase will be effective the pay
period immediately following the beginning of the fiscal year or as otherwise directed by
the adopted budget ordinance for that fiscal year.duly 1 of-each year.The amount of this
adjustment, if any, may vary from year to year.
When a Cost of Living Adjustment is approved, regular employees will receive a$500
minimum increase to their annual pay.
Section 10.Certifications and Degrees
Harnett County encourages and promotes professional development by obtaining
professional certifications or post-secondary degrees that substantially enhance the
employee's ability to perform the job or are related to the employee's current or future
job duties and responsibilities. Full time,non-probationary employees may be eligible
for a salary increase for obtaining certain certifications or post-secondary degrees
during the course of their employment with the County in accordance with this policy. If
an employee does not meet all the established requirements for the position and is
placed in work against status until they obtain a required certification or degree,the
employee will not be eligible for a salary increase under this policy.
Certifications:An employee may be eligible for a salary increase not to exceed 5%for
obtaining certifications that are required for the position, preferred for the position,
substantially enhance the employee's ability to perform the job,or are related to the
employee's current or future job duties and responsibilities.
A. If a position requires specific job-related certifications as a pre-requisite for
employment in order to perform the essential duties of the position,the employee
must obtain such certifications prior to their date of hire and will not be eligible for
a salary increase. If the position requires specific job related certifications, but
such certifications may be obtained within an established period of time after
their date of hire,the employee may be eligible for a salary increase.
B. If a particular certification is preferred for the position,but is not required,the
employee's supervisor or department head may make a written recommendation
to the County Manager for approval for a salary increase.
C. If a particular certification either substantially enhances the employee's ability to
perform the job or is related to the employee's current or future job duties and
responsibilities,the employee may submit a written request to their supervisor or
department head to obtain the certification.The supervisor or department head
shall review the request and make a written recommendation to the County
Manager for approval of a salary increase,
The salary increase percentage shall be determined in accordance with the list of
certifications and degrees that shall be approved by the County Manager.The list of
approved certifications and degrees and salary increase percentages may be updated
by the County Manager from time to time based on the department head
recommendations and the needs of the County. If an employee obtains a certification
not included on the approved list but that enhances the employee's ability to perform
the job or is related to the employee's current or future job duties and responsibilities,
the County Manager,upon written recommendation by the employee's department
head,may approve a salary increase not to exceed 5%. If the employee's department
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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.
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.
ARTICLE VII. EMPLOYEE BENEFITS
Section 1. Insurance Benefits
Revised Insurance Benefits Policy:All full-time employees hired on or after July 151,
2015,or those employees who leave the employment of the County and return to work
on or after July 151,2015,shall be eligible for insurance benefits in accordance with the
following policy.
A. The County will provide individual hospitalization to all full-time employees.All
full-time employees shall be enrolled in the program in accordance with the
provisions of the County's insurance contracts on the first day of the month
following a thirty(30)day waiting period.
F
B. Any full-time County employee may so choose to have money deducted from his
or her check to provide dental insurance for him or herself and to provide
hospitalization and dental insurance for any dependents he or she may have in
accordance with the provisions of the County's insurance contracts.
C. Retirement health benefits are provided on a pro-rated basis for years of service
as listed below. Employees who are not eligible for the benefits as outlined below
will not be allowed to remain on the County's health insurance plan beyond any
rights granted by the Consolidated Omnibus Budget Reconciliation Act(COBRA).
D. Individuals must be County employees at the time of retirement to be eligible. If
an eligible employee declines retirement health benefits at the time of retirement,
the employee will not be eligible for the benefits at a later date.
E. For employees retiring on or after December 16,2019,an eligible employee must
elect or decline the Medicare supplement at the time of retirement to receive the
supplement upon turning 65 years of age 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. The Medicare supplement will commence upon the employee's submittal of
receipts for reimbursement for that fiscal year.The County will not reimburse the
employee for receipts received for any prior years that the employee is eligible
for the supplement. Standard amount of supplement is to be determined by the
BOC,which will be included in the annual budget ordinance.
G. Retirement health benefits premium payments are due by the first day of the
month that coverage is effective.The premium payment deadline(hereinafter
referred to as the"grace period")ends thirty(30)days after the due date.Retired
employees who do not pay their premiums in full or who do not have sufficient
funds in their account for authorized bank drafts by the final day of the grace
period will have their coverage canceled. If the unpaid premium amount due is
only for dependent coverage,then only the dependent coverage will be canceled.
However, if the unpaid premium amount due is for the retired employee and
dependent coverage,then the retired employee and all dependents will have
their coverage canceled.Such retired employees and/or dependents who have
their coverage canceled for non-payment cannot be reinstated. However,if the
premium payment is received after the coverage has been canceled due to non-
payment, but the postmark date is on or before the last day of the grace period,
then coverage will be reinstated.
Retirement Health Benefits
Employees less than 65 not Medicare eligible)
Minimum Years of Consecutive Harnett Percentage of Cost Paid by County Until
County Service for Eligibility 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 Percentage of Cost Paid by County After
County Service for Eligibility Age 65 or Medicare Eligible
20 Years 50%
25 Years 75%
30 Years 100%
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Grandfathered Insurance Benefits Policy: Full-time employees as of June 30th,2015
shall continue to be eligible to receive insurance benefits as defined below.
A. The County will provide hospitalization to all full-time employees.All full-time
employees shall be enrolled in the program on the first day of the month following
a thirty(30)day waiting period.
B. Any full-time County employee may so choose to have money deducted from his
or her check to provide dental insurance for him or herself and to provide
hospitalization and dental insurance for any dependents he or she may have in
accordance with the provisions of the County's insurance contracts.
C. Retirement health benefits are provided on a pro-rated basis for years of service
as listed below. Employees who are not eligible for the benefits as outlined below
will not be allowed to remain on the County's health insurance plan beyond any
rights granted by the Consolidated Omnibus Budget Reconciliation Act(COBRA).
D. Individuals must be County employees at the time of retirement to be eligible.
E. For employees retiring on or after December 16,2019,an eligible employee must
elect or decline the Medicare supplement at the time of retirement to receive the
supplement upon turning 65 years of age 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. The Medicare supplement will commence upon the employee's submittal of
receipts for reimbursement for that fiscal year.The County will not reimburse the
employee for receipts received for any prior years that the employee is eligible
for the supplement. For all retired employees currently receiving the Medicare
supplement,the employee must submit all prior fiscal year receipts no later than
June 30,2020 to receive reimbursement.After June 30,2020, retired employees
currently receiving the Medicare supplement will not receive reimbursement for
receipts submitted to the County for any prior fiscal years. Standard amount of
supplement is to be determined by the BOC,which will be included in the annual
budget ordinance.
G. Retirement health benefits premium payments are due by the first day of the
month that coverage is effective.The premium payment deadline(hereinafter
referred to as the"grace period")ends thirty(30)days after the due date. Retired
employees who do not pay their premiums in full or who do not have sufficient
funds in their account for authorized bank drafts by the final day of the grace
period will have their coverage canceled. If the unpaid premium amount due is
only for dependent coverage,then only the dependent coverage will be canceled.
However,if the unpaid premium amount due is for the retired employee and
dependent coverage,then the retired employee and all dependents will have
their coverage canceled.Such retired employees and/or dependents who have
their coverage canceled for non-payment cannot be reinstated. However,if the
premium payment is received after the coverage has been canceled due to non-
payment, but the postmark date is on or before the last day of the grace period,
then coverage will be reinstated.
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Eligibility for unemployment compensation will be determined by the Employment
Security Commission.
Section 3.Social Security
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.
Hamett 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.
Section 4. Local Governmental Employees'Retirement System("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.
Ago and Service Requirements:
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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-Savings.
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-Savings.The basic formula is:
Employee's Annual Benefit=
1.85%of average final compensation X Years&Months of County Service
Formatted Left
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 OR-BIT 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 equal to the employee's
highest salary for twelve(12)consecutive months during the twenty-four(24)months
preceding death.The lump sum payment must be at least$25,000 but not more than
50,000.
Section 6.Life Insurance&Accidental Death and Dismemberment("ADD")
Harnett County shall provide life insurance and ADD 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
Hamett 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.Supplemental Retirement Income Plan
Harnett County offers all Flt-timeLGERS-enrolled County employees_a voluntary
County 401(k)Supplemental Retirement Income Plan. In accordance with this Policy,
63
employees may deposit up to the maximum percentage authorized by the Internal
Revenue Service into their 401(k)'s. Harnett County, regardless of employee
participation, shall contribute 2%of an employee's monthly compensation to their
401(k)Supplemental Retirement Income Plan;;however,there will not be any additional
County match over the 2%contribution except as provided below for law enforcement
officers. - - , - -• -•- 0. •- - - - -
In accordance with NCGS§143-166.50, Harnett County shall contribute 5%of a sworn
thaw enforcement oQfficers monthly compensation to their Supplemental Retirement
Income Plan 401(k). However,there will not be any additional County match over the
mandated 5%.
Section 9. Direct Deposit
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 D 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:
1. 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.
2. 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 by
certified mail,filed in the employee's personnel file,and also filed with the
County Manager.This form may be found in Appendix D of this
Ordinance.
3. 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:
1. Any County employee may be may be placed on investigatory suspension
with pay in order to provide the County with more time to thoroughly
64 I _