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Agenda - 12-07-2009-4p
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 7, 2009 Action Agenda Item No. ~- ro scd~ SUBJECT: Classification and Title Change for Budget Director to Deputy Financial Services Director and Temporary Employment Agreement DEPARTMENT: Human Resources PUBLIC HEARING: (Y1N) No ATTACHMENT(S): 1. Deputy Financial Services Director job description 2.Terms of Employment Agreement for Michael Talbert INFORMATION CONTACT: Allison Newcomer, Pay and Classification Manager 245-2555 Jewel Wray, Employment Manager 245-2556 Michael McGinnis, HR Director 245-2552 Annette Moore, Staff Attorney 245-2317 PURPOSE: To approve the title change and classification of Budget Director to that of Deputy Financial Services Director and approve the terms of temporary employment agreement for Michael Talbert to provide functional responsibilities as an Interim Deputy Financial Services Director BACKGROUND: As part of the FY 2009-10 Budget, the Board approved several Personnel Services cost reductions options including a retirement incentive program. The two highest level positions in the Financial Services Department submitted applications and accepted the retirement incentive with the Budget Director leaving employment September 30, 2009 and the Financial Services Director scheduled to retire December 31, 2009. With the departure of these leadership positions in the Financial Services Department, Staff took the opportunity to establish a more efficient structure to promote a more efficient work relationship between the Budget and Finance functions. Both the Financial Services Director and the Budget Director positions were studied to determine the best division of responsibilities between the two positions. Section 5.1 of Article VI of the Orange County Personnel Ordinance provides that the Board of County Commissioners adopts the position classification plan and approves any amendments to: • Add or delete a class; • Change the title of an existing class; • Revise the salary grade of an established class Change title and grade of an existing class The Budget department was consolidated with the Finance Department in March of 2008. At 2 that time all positions in both departments remained unchanged and work units operated separately and independently. In reviewing the previous responsibilities of the Budget Director in the new structure, it recommended that the position be reclassified to Deputy Financial Services Director, Grade 27. The Deputy Financial Services Director will primarily be responsible for the annual budget preparation; and when necessary serve in the role of the Financial Services Director. The position will not have primary responsibility for the departmental budget, personnel, or planning. Staff has successfully completed the recruitment and selection process of the Financial Services Director position, by hiring Clarence Grier, employment date effective December 14, 2009. The Manager recognizes the gap left by the second leadership vacancy and recommends contracting with Michael Talbert to perform the functions of Deputy Financial Services Director. This assistance is especially important with the upcoming FY 2010-11 Budget process. Michael Talbert had applied for the Financial Services Director position, and was given the second highest rating by both interview panels. Mr. Talbert demonstrated exceptional knowledge, skills and abilities; and has indicated the willingness to work with the Financial Services Department for a limited period of time without any contractual agreement for the permanent position. FINANCIAL IMPACT: The reclassification of the Budget Director position to that of the Deputy Financial Services Director position will have a projected savings of $20,373. This savings is based on the reduction of the grade 31 to grade 27 and the salary difference in hiring within the first quarter of the grade. Mr. Talbert will be paid at total of $48,000 for 6 months. RECOMMENDATION: The County Manager recommends the BOCC approve: The title change and classification of Budget Director, grade 31 to Deputy Financial Services Director, grade 27 The terms of temporary employment agreement for Michael Talbert to provide functional responsibilities as the Interim Deputy Financial Services Director 3 CLASS CODE: 2712 FLSA: EXEMPT ORANGE COUNTY, NORTH CAROLINA JOB DESCRIPTION CLASS TITLE: DEPUTY FINANCIAL SERVICES DIRECTOR FINANCIAL SERVICES DEPARTMENT GENERAL STATEMENT OF JOB Under limited supervision, performs professional, administrative, and supervisory work in planning, directing, and participating in the preparation of the County's operating budget. Work involves developing annual operating budget, planning for long-range capital expenditures, and monitoring the budget; assisting in management the managing County's debt; collaborating with County management and departments to determine practicality and sustainability of currently offered programs and exploring possible opportunities to redirect current resources to programs that meet current community needs and desires; assist in development of County fiscal policies that adhere to local principles and beliefs and State and Federal mandates. Assist the Director in representing the County on .fiscal policy, debt management, and other budget and financial matters. Reports to the Financial Services Director. SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL JOB FUNCTIONS Supervises department employees which involves such duties as instructing, assigning and reviewing work, maintaining standards, acting on employee problems, selecting new employees, appraising employee performance, recommending promotions, discipline, termination and salary increases. Plans, organizes, and directs the work of the Budget Division staff. Oversees creation and management of annual operating budget to include developing revenue base and property tax rate to support expenditures necessary to support community services offered by the County. Serves in a lead role in funding and staffing recommendations to County Manager, Board of County Commissioners, community partners, and citizens. Monitors State, Federal, and local legislative efforts; provides elected officials and management with impact analysis of proposed and approved legislation on local government and school operations. Prepares, implements, and monitors Board executed budget, grant, and capital project ordinances. Assures expenditures are maintained within legally adopted parameters. Prepares long-range financial forecast of revenues and expenditures for Management and Board consideration in managing future resources. 4 DEPUTY FINANCIAL SERVICE DIRECTOR Develops in collaboration with other Management Team members, school representatives and Town partners, County and School 10-year Capital Investment Plan. Assist in the preparation of the Comprehensive Annual Financial Report. Oversees development of budget and capital related information on the County's Internet and Intranet websites. Assists Director in managing County's current debt and plan for future debt issuances in consultation with North Carolina Local Government Commission staff and Bond Counsel. Creates and amends policies for Board of County Commissioner approval that reflect Board/community values and State mandates. Oversees staff analysis of special projects such as service delivery models, cost analysis, outcome and performance measurement, and user fee studies.. Interacts with staff at all levels of organization to identify core County and school programs and services. Participates in various Commissioner appointed task forces and citizens committees. Conducts extensive analysis; prepares related reports; delivers presentations to the Board and the public. Serves as instrument team member on a number of County teams. What is an "instrument team member' Writes, formats, edits, and presents documents, agenda abstracts, fiscal data, brochures, and reports for internal and external users. Works with a variety of community leaders on management and fiscal issues. Receives and/or reviews various records and reports such as funding requests, analysis performed by Budget staff, amortization schedules, and property valuation. Prepares andlor processes various records and reports such as County fiscal policies, long-range projections, agenda abstracts, annual County Operating Budget, and long-range school and County capital plans. Pre-audits all County contracts "all county contracts"? Refers to Local Government Budget and Fiscal Control Act, State of North Carolina annual and biennium budget, annual school budgets, North Carolina General Statutes, policy and procedure manuals, codes /laws /regulations, publications and reference texts, etc. Operates a variety of office equipment and machinery such as projector, telephone, photocopier, scanner, binding machine, laptop computer, printer, etc. Uses a variety of tool such as calculator, etc.; a variety of supplies such as writing instruments, notepads, general office supplies, etc.; and a variety of computer software such as Microsoft Excel, Microsoft Word, Microsoft PowerPoint, Microsoft Publisher, Munis Financial, etc. ©Archer Company 2006 2 5 DEPUTY FINANCIAL SERVICE DIRECTOR Interacts and communicates with various groups and individuals such as County Manager, elected officials, County Management staff, Management staff of other entities, County department heads and the general public. ADDITIONAL JOB FUNCTIONS Serves as acting Financial Services Director in his/her absence on occasion. Represents the County by serving on various committees of the North Carolina Local Govemment Budget Association. Pertorms related duties as required. MINIMUM TRAINING.AND EXPERIENCE Requires any combination of education and experience equivalent to a Bachelor's degree in accounting or closely related field and three to five years of experience in local government accounting, budgeting, and auditing. Possession of or ability to readily obtain a valid driver's license issued by the State of North Carolina for the type of vehicle or equipment operated. Any supervision experience? MINIMUM QUALIFICATIONS OR STANDARDS REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Physical Requirements: Must be physically able to operate a variety of machines and equipment including computers, copiers, telephone, calculator, etc. Must be able to exert up to five pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time, but may involve walking or standing for periods of time. Must be able to lift and/or carry weights of up to twenty-five pounds. Data Conception: Requires the ability to compare and/or judge the readily observable functional, structural or compositional characteristics (whether similar to or divergent from obvious standards) of data, people or things. Interpersonal Communications: Requires the ability of speaking and/or signaling people to convey or exchange information. Includes receiving instruction and/or direction from supervisor. Language Ability: Requires ability to read a variety of regulations, laws, codes, policies and procedures, budget documents, contracts, accounting manuals, etc. Requires the ability to prepare operating and capital budgets, analytical reports, various reports, memos, correspondence, etc., with proper format, punctuation, spelling and grammar, using all parts of speech. Requires the ability to speak with and before others with poise, voice control and confidence. Intelligence: Requires the ability to apply rational systems to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists; to ©Archer Company 2008 3 6 DEPUTY FINANCIAL SERVICE DIRECTOR interpret a variety of instructions furnished in written, oral, diagrammatic, or schedule form. Requires the ability to apply influence systems in managing a staff; to learn and understand relatively complex principles and techniques; to make independent judgments in absence of supervision; to acquire knowledge of topics related to primary occupation. -Must have the ability to comprehend and interpret received information. Verbal Aptitude: Requires the ability to record and deliver information, to explain procedures, to follow and give verbal and written instructions; to counsel and- teach employees. Must be able to communicate effectively and efficiently in a variety of technical and/or professional languages including accounting, budgeting, etc. Numerical Aptitude: Requires the ability to add and subtract totals, to multiply and divide, to determine percentages and decimals and to determine time and weight. Must be able to use practical applications of fractions, percentages, ratio and proportion. Must be able to use practical applications of algebra; must be able to use accounting mathematics. FormlSpatiat Aptitude: Requires the ability to inspect items for proper length, width and shape, and visually read various information. Motor Coordination: Requires the ability to coordinate hands and eyes using office machinery. Manual Dexterity: Requires the ability to handle a variety of items, keyboards, office equipment, control knobs, buttons, switches, catches, etc. Must have minimal levels of eye/hand/foot coordination. Color Discrimination and Visual Acuity: Requires the ability to differentiate colors and shades of color, requires the visual acuity to determine depth perception, peripheral vision, inspection for small parts; preparing and analyzing written or computer data, etc. Interpersonal Temperament: Requires the ability to deal with people beyond giving and receiving instructions. Must be adaptable to performing under stress when confronted with emergency situations or tight deadlines. The worker may be subject to tension as a regular, consistent part of the job. Physical Communications: Requires the ability to talk and hear: (talking: expressing or exchanging ideas by means of spoken words; hearing: perceiving nature of sounds by ear). PERFORMANCE INDICATORS Knowledge of Job: .Has thorough knowledge of the methods, procedures and policies of the Budget Department as they pertain to the performance of duties of the Budget Director. Has knowledge of the functions and interrelationships of the County and other governmental agencies. Has knowledge of the laws, ordinances, standards and regulations pertaining to the specific duties and responsibilities of the position. Has knowledge of local government budgeting principles, theories, practices, and techniques. Has knowledge of the principles and practices of public finance, budgeting, accounting, governmental accounting, auditing, and debt management. Has knowledge of the principles and practices of public administration. Has knowledge of relevant State and Federal laws and regulations and county ordinances. Has knowledge of budget management and analysis techniques. Has knowledge of computerized budget and financial systems. and controls. Has knowledge of special requirements pertaining to accounting and investment of government funds. Is skilled in developing and implementing policies and procedures. ©Archer Company 2008 4 7 DEPUTY FINANCIAL SERVICE DIRECTOR Is skilled in utilizing financial computer software programs. Has knowledge in the areas of budget development and administration, financial and business analysis, governmental accounting, financial report preparation, government procurement, etc. Is able to compile, organize and utilize various financial information necessary in the preparation of operating and capital budgets, and knows how to prepare and monitor budgets. Is able to make sound, educated decisions. Is able to plan and develop daily, short- and long-term goals related to County purposes. Has knowledge of how to apply managerial concepts and principles; has knowledge of administrative principles involved in developing, directing and supervising various programs and related activities. Is able to offer instruction and advice to subordinates regarding departmental policies, methods and regulations. Is able to perform employee evaluations and to make recommendations based on results. Is able to offer training and assistance to co-workers and employees of other departments as required. Is able to take the initiative to complete the duties of the position without the need of direct supervision. Is able to learn and utilize new skills and information to improve job performance and efficiency. Is able to read and interpret complex materials pertaining to the responsibilities of the job. Is able to assemble and analyze information and make written reports and records in a concise, clear and effective manner. Has comprehensive knowledge of the terminology used within the department. Has knowledge .of how to maintain effective relationships with personnel of other departments, professionals and members of the public through contact and cooperation. Has knowledge of how to make public presentations. Has thorough knowledge of proper English usage, vocabulary, and spelling; has knowledge of and skill in accounting mathematics. Has thorough knowledge of modem office practices and technology. Has knowledge of and skill in the use of computers for data and word processing, and spreadsheet development. Has knowledge of how to react calmly and quickly in emergency situations. Quality of Work: Maintains high .standards of accuracy in exercising duties and responsibilities. Exercises immediate remedial action to correct any quality deficiencies that occur in areas of responsibility. Maintains high quality communication and interaction with internal and external entities with whom the position interacts. Quantity of Work: Maintains effective and efficient output of all duties and responsibilities as described under "Specific Duties and Responsibilities." Dependability: Assumes responsibility for completing assigned work. Completes assigned work within deadlines in accordance with directives, policy, standards and prescribed procedures. Maintains accountability for assigned responsibilities in the technical, human and conceptual areas. Attendance: Attends and remains at work regularly and adheres to policies and procedures regarding absenteeism and tardiness. Provides adequate notice to higher management with respect to vacation time and leave requests. Initiative and Enthusiasm: Maintains an enthusiastic, self-reliant and self-starting approach to meet job responsibilities and accountabilities. Strives to anticipate work to be accomplished, and initiates proper and acceptable action for the completion of work with a minimum of supervision and instruction. Judgment: Exercises analytical judgment in areas of responsibility. Identifies issues or situations as they occur and specifies decision objectives. Identifies or assists in identifying alternative solutions to issues or situations. Implements decisions in accordance with prescribed and effective policies and procedures and with a minimum of errors. Seeks expert or experienced advice where appropriate and researches issues, situations and alternatives before exercising judgment. ©Archer Company 2008 5 8 DEPUTY FINANCIAL SERVICE DIRECTOR Cooperation: Accepts supervisory instruction and direction and strives to meet the goals and objectives of same. Questions such instruction and direction when clarification of results or consequences are justified, i,e., poor communications, variance with established policies or procedures, etc. Offers suggestions and recommendations to encourage and improve cooperation intra- and inter-departmentally. Relationships with Others: Shares knowledge with managers, supervisors and co-workers for mutual benefit. Contributes to maintaining high morale among all employees. Develops and maintains cooperative and courteous relationships inter- and intra-departmentally, and with external entities with whom the .position interacts. Tactfully and effectively handles requests, suggestions and complaints in order to establish and maintain good will. Emphasizes the importance of maintaining a positive image. Coordination of Work: Plans and organizes daily work routine. Establishes priorities for the completion of work in accordance with sound time-management methodology. Avoids duplication of effort. Estimates expected time of completion of work elements and establishes a personal schedule accordingly. Attends required meetings, planning sessions and discussions on time. Implements work activity in accordance with priorities and estimated schedules. Safety and Housekeeping: Adheres to all established safety and housekeeping standards. Ensures such standards are not violated. Planning: Plans, coordinates and uses information effectively in order to enhance activities and production. Knows and understands expectations regarding such activities and works to ensure such expectations are met. Develops and fom~ulates ways, means and timing to achieve the goals and objectives. Effectively and efficiently organizes, arranges and allocates manpower, financial and other designated resources to achieve such goals and objectives. Organizing: Efficiently organizes work and that of subordinate staff well. Ensures that personnel understand what results are expected of them and that each are regularly and appropriately informed of all matters affecting them and/or of concern to them. Staffing: Works with upper management, where appropriate, to select and recommend employment of qualified personnel. Personally directs the development and training of division personnel under charge, ensuring their induction, orientation and training. Leading: Provides a work environment, which encourages clear and open communications. Has a clear and comprehensive understanding of the principles of effective leadership and how such principles are to be applied. Provides adequate feedback to personnel under charge concerning their performance. Commends and rewards employees under charge for outstanding performance, and takes timely and appropriate disciplinary action as necessary. Exercises enthusiasm in influencing and guiding others toward the achievement of established goals and objectives. Controlling: Provides a work environment that is orderly and controlled. Coordinates, audits and controls manpower and financial resources efficiently and effectively. Coordinates, audits and controls the utilization of materials and equipment efficiently and effectively. Has a clear and comprehensive understanding of established standards, methods and procedures. ©Archer Company 2Q08 6 9 DEPUTY FINANCIAL SERVICE DIRECTOR Delegating: Assigns additional duties as necessary and/or appropriate in order to meet goals, enhance the abilities of personnel under charge, build their confidence and assist them in personal growth. Has confidence in staff to meet new or additional expectations. Decision Making: Exercises discretion and judgment in developing and implementing courses of action affecting functions under charge. Recognizes when a particular policy, procedure or strategy does not foster the desired result, moves decisively and explicitly to develop and implement alternatives. Creativity: Regularly seeks new and improved methodologies, policies and procedures for enhancing the effectiveness functions under charge. Employs imagination and creativity in the application of duties and responsibilities. Is not averse to change that supports achievement of goals and objectives. Human Relations: Strives to develop and maintain excellent rapport with personnel under charge. Listens to and considers their suggestions and complaints and responds appropriately. Establishes a work environment to promote and maintain mutual respect. Policy Implementation: Has a clear and comprehensive understanding of policies regarding functions under charge and the function of the organization. Adheres to policies in the discharge of duties and responsibilities and ensures the same from personnel under charge. Policy Formulation: Maintains awareness of changes in operating philosophies and policies and routinely reviews policies to ensure tliat any changes in philosophy or practice are appropriately incorporated into functions under charge. Recognizes and understands the relationship between operating policies and practices and morale and performance. Strives to ensure that established policies enhance same. DISCLAIMER: This job description is not an employment agreement or contract. Management has the exclusive right to alter this job description at any time without notice. ©Archer Company 2008 7 10 TEMPORARY EMPLOYMENT SERVICES AGREEMENT THIS AGREEMENT, is made and entered into this _ day of , 200_ by and between Orange County, North Carolina (the "County") party of the first part; and Michael Talbert (the "Provider"), party of the second part; to provide Temporary Employment Services as the Interim Deputy Financial Services Director. WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the services to the County in accordance with the terms of this Agreement. Term of Agreement. The term of this Agreement shall be from December 21, 2009 through April 21, 2010, and may be extended for an additional two months at the discretion of the County Manager unless the County retains a full time Deputy Financial Services Director prior to the date of termination. In no event shall this Agreement extend beyond June 21, 2010; unless there is a writing modifying this Agreement signed by both Parties as an amendment to this Agreement. 2. Payment. a. The Provider shall be paid as a temporary employee under and in accordance with the regularly scheduled Orange County Payroll System. Provider shall receive payment in the amount of $4,000 every two weeks, minus any state and federal employee wage deductions. The maximum amount payable under the terms of this Agreement shall be Forty-Eight thousand dollars ($48,000). This payment shall not exclude County paid holidays. b. The County agrees that if the Provider competes and is hired as the Deputy Financial Services Director in Orange County, the Provider shall receive any vacation leave he would have accrued had he been employed as a permanent employee during the course of his temporary employment; which shall be no more than six (6) vacation days. However, Provider's initial date of employment should he be hired as the Deputy Financial Services Director shall be his initial date of employment as a permanent County employee. 3. Scooe of Services. The Provider shall provide the services of that of a Deputy Financial Services Director in Orange County under the supervision and direction of the Financial Services Director and as provided in job description for that position which is attached and hereby incorporated by reference. (See Exhibit A) 4. Relationship of the Parties. The Provider shall be employed by the County as a temporary employee as provided in Article I, Section 4.38 of the Orange County Personnel Ordinance subject to all subject to all rights, privileges and benefits offered to a temporary employee under the Personnel Ordinance, except as herein provided. Provider acknowledges that he is a temporary employee and no 11 representations have been made that Provider shall be appointed or employed in a permanent position with the County; or that he will receive any fringe benefits typical of a permanent employment with the County. If the position of Deputy Financial Services Director is posted for external recruitment the Provider shall be eligible to compete for the position; but the County makes no representation as to the result of that process. Provider also acknowledges and agrees that he will receive no fringe benefits. 5. Cancellation. The Provider is an at-will employee and this Agreement may be cancelled by the County or Provider upon fourteen (14) days written notice of cancellation or upon employment of a permanent Deputy Financial Services Director at the direction of the County. 6. Release. Provider agrees to waive the right to file any claim, lien, action or suit of any kind against the County relating to or connected with any injury whether physical, mental or other, or any loss of or damages to the Provider's property regardless of whether such injury, loss or damage occurred at a time when Provider was carrying out duties or responsibilities in furtherance of the provision of services set out in this Agreement. 7. Confidentiality. Provider may, during the course of providing services hereunder or in relation to this Agreement have access to, and acquire knowledge regarding personnel, materials, data, systems, legal, economic development, tax, and/or other information which may not be accessible or known to the general public. Any such knowledge acquired by the Provider shall not be used, published or divulged by the Provider to any person, firm or other entity without prior written approval of the County unless such use, publication or divulgence is in the direct furtherance of the provision of services set out in this Agreement. Provider specifically agrees that the foregoing confidentiality obligation applies to the terms of this Agreement and any information disclosed to the Provider in any document provided to the Provider by the County. Provider agrees to be bound by the terms of this section of this Agreement in perpetuity. 8. Records and/or Document Retention and Security. Provider agrees to maintain all records and/or documents of, or related to, the employment and services set out in this Agreement on the property of the County, specifically, budget and related documents in the Financial Services. Department. In the event the removal of such records and/or documents from the property of the County is necessary for the furtherance of the employment and provision of services set out in this Agreement the Provider agrees to maintain such records and/or documents in a safe and secure location. Provider agrees that upon the conclusion of the provision of services to the County it will leave all records and/or documents and things accumulated in the furtherance of the provision of services set out in this Agreement in a safe and secure location upon the property of the County, specifically, in the Financial Services Department. 9. Severability. Should any word, sentence, paragraph or clause of this Agreement be determined to be unlawful, it shall have no bearing or impact on the remaining terms of the Agreement which shall remain fully enforceable as if the unlawful word, sentence, paragraph, or clause had been absent from the initial drafting of the Agreement. 2 12 10. Entire Agreement. The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the Parties unless and until modified by a written instrument signed by the Parties. Modifications may be evidenced by facsimile signatures. 11. Governing Law. Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and venue shall be Orange County. The terms and condition of this Temporary Employment Services Agreement is understood and the signatures indicate that Parties understand and shall adhere to the terms of this agreement. ORANGE COUNTY, NORTH CAROLINA PROVIDER By By Frank Clifton, County Manager Michael Talbert, Provider Date Date Approved as to technical content: Michael McGinnis, Human Resources Director Approved as to form and legal sufficiency: Annette M. Moore, Staff Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Gary Humphreys, Finance Director 3