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HomeMy WebLinkAboutORD-2007-219 - Human Resources - Provisional Status Employees Amendment to Personnel Ordinance Article 1 Sections 2.0 & 4.0i` o -I--- ©D % Article I ad A - a oo 7- -'?- 19 The Personnel Organization 2.0 Organizations Affected 2.6 All employees subject to the State Personnel Act to the extent that Orange County has not obtained substantial equivalency der the Amended q y un 11/05/07 G.S. 126, Article 3 and to the extent not otherwise provided for in this Ordinance. 4.0 Definitions 4.33 Provisional Employee — a person covered by the State Personnel Act appointed to a Amended pp position approved by the Board of County 11/05/07 Commissioners, who has completed the designated probationary period but has not obtained career service status under the State Personnel Act. A provisional employee will have access to the full County health and leave benefits package, as provided to permanent employees, as well as access to the County Grievance Process except for decisions to dismiss, demote, or suspend without pay and to appeals of those decisions to the Orange County Personnel Hearing Board. Provisional employees will obtain a property interest in their position and the right to appeal any decision to dismiss, demote, or suspend without pay to the Office of State Personnel or Office of Administrative Hearings only after they have obtained career status as defined by the State Personnel Act. wkv REVISED ABSTRACT ONLY 11/2/07 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 2007 Action Agenda Item No. -q SUBJECT: Provisional Status Employees DEPARTMENT: Personnel PUBLIC HEARING: (Y /N) No ATTACHMENTS: 1. G.S. § 126 -1.1, as amended 2. Letter: Career Status Defined for Local Government Employees from Office of State Personnel (9/7/07) 3. Article I, Section 4.0, Provisional Status Employees, as amended INFORMATION CONTACT: Annette Moore, Policy and Compliance Officer (919) 245 -2317 Michael McGinnis, Human Resources Director (919) 245 -2552 PURPOSE: To consider adopting an amendment to the Orange County Personnel Ordinance Article I, Sections 2.0 and 4.0 to add an exception for Orange County employees covered by the State Personnel Act, include a definition for "Provisional Status" Employees and to confer the status of "provisional' employee on those employees who qualify according to the definition. BACKGROUND: Social Services and Health Department employees are local government employees subject to the State Personnel Act. (See G.S. 126- 5(a)(2)) These employees are also subject to some sections of the Orange County Personnel Ordinance. On August 19, 2007, the Governor signed a bill into law that amended the State Personnel Act to require that local government employees covered by the State Personnel Act be employed for 24 consecutives months before they become career state employees and thus gain a property interest in their position. The law, G.S. § 426 -1.1, became effect immediately. (See Attachment 1) "Career" status is the legal designation conferred upon an employee by the State Personnel Act that gives the employee a property interest in their job that cannot be altered or deleted without due process. Career status provides employees with access to the contested case hearing process in the Office of Administrative Hearings and the ability to have the decision reviewed by the State Personnel Commission. (See Attachment 2) This state statute amendment affects employees in local social services departments, county health departments and local emergency management agencies that receive federal grant -in -aid funds if they have not completed their probationary period on or before August 18, 2007 or were employed after that date. For those employees, that means that they are now in an at- will A s REVISED ABSTRACT ONLY 2 11/2/07 status and must be employed for 24 consecutives months from the date of their employment before they can obtain Career Status under the State Personnel Act. For these employees, access to the state's contested case hearing and appeal process will be limited to cases of unlawful discrimination. Many organizations tie property interest and benefits to a permanent verses a probationary or temporary employment status. However, while due process is tied to career status under the State Personnel Act, benefits are not. A covered employee in a permanent position who has not received career status receives the same health and leave benefits under the State Personnel Policy as a career state employee. In other words, for purposes of health and leave benefits there is no distinction between career status and successful completion of a probationary period for employees in permanent positions. The North Carolina Administrative Code establishes a probationary period as not less than "three months nor more than nine months." (25 NCAC 011 .2002(a)(2)) For now, this has not changed, although the Office of State Personnel has said that that this could change in the administrative rulemaking process. Orange County's Personnel Ordinance creates a distinction between probationary and permanent employees for both benefits and acquiring a property right in the job. The Ordinance grants "permanent employee" status to new employees once they have successfully completed their probationary period. It provides that "an employee who has not obtained permanent status at the end of nine (9) months will be terminated unless the delay is necessitated by a provisional or trainee status." (emphasis added) (Article II, Section 6.3.5.) An Orange County employee who is in a probationary status receives health and some leave benefits. The Ordinance confers additional benefits to employees once they have completed their probationary period. These benefits are: petty leave, funeral leave, maternity leave, military leave, tuition refund and educational leave, the ability to donate or request shared leave, and access to the grievance and appeal process. While the Orange County Personnel Ordinance can confer some benefits on an employee who is not permanent, it cannot confer "permanent status" to an employee subject to the State Personnel Act who has not completed the twenty -four consecutive month period. Presently, there are employees covered by this statutory amendment who were hired prior to the start date of the new state law amendment who had not completed their probationary period on or before August 18th. When hired, these employees were told that their probationary period would be six months. The Personnel Department has discussed this situation and the impact of it with the County Manager and the respective Department Heads and is in the process of notifying employees of the changes and the effect they have on their career service status. To provide access to those benefits mentioned above for these and future employees covered by the change in the statute, staff believes that the Ordinance can be amended to confer a "provisional" status on those employees that would entitle them to benefits similarly conferred upon permanent employees. This will not give them permanent status but will allow them access to the full range of County Benefits after their probationary period has been successfully completed. i U6. REVISED ABSTRACT ONLY 11/2/07 Staff is recommending that the Board amend the Personnel Ordinance to confer "provisional' status on local government employees covered by the State Personnel Act who have successfully completed their probationary period but who have not yet obtained career state employment status under the State Personnel Act. Currently, the Ordinance refers to "provisional" status employees in Article II, Section 6.3.5 (see above); however, provisional status is not defined. Staff requests that the Board define provisional status as follows: The Orange County Personnel Ordinance, Article 1, Section 4.0, can be amended to include proposed section 4.33: 4.33 Provisional Emvlovee - a Derson covered by the State Personnel Act aDDointed to a position approved by the Board of County Commissioners, who has completed the designated probationary period but has not obtained career service status under the State Personnel Act. A provisional employee will have access to the full County health and leave benefits package, as provided to permanent employees, as well as access to the County Grievance Process except for decisions to dismiss, demote, or suspend without pay and to appeals of those decisions to the Orange County Personnel Hearing Board. Provisional employees will obtain a Property interest in their position and the right to appeal any decision to dismiss, demote, or suspend without pay to the Office of State Personnel or Office of Administrative Hearings only after they have obtained career status as defined by the State Personnel Act. In addition, the current sections of Article 1, Section 4.33 — 4.39 would be renumbered to include the amended section. (See Attachment 3) In addition, amend Article I, Section 2.0 to add: 2.6 All employees subject to the State Personnel Act to the extent that Orange Counter has not obtained substantial equivalency under the G. S. 126, Article 3 and to the extent not otherwise provided for in this Ordinance. FINANCIAL IMPACT: None RECOMMENDATIONS: The Manager recommends that the Board adopt the amendments to Article I, of the Orange County Personnel Ordinance to add Sections 2.6 and 4.33, renumber sections 4.33 -4.39, and confer the status of Provisional Status employee on all employees who qualify under these sections. 6. Regular Agenda a. Provisional Status Employees The Board considered adoption of an amendment to the Orange County Personnel Ordinance Article I, Section 4.0 to include a definition for "Provisional Status" Employees and to confer the status of "provisional' employee on those employees who qualify according to the definition. Policy and Compliance Officer Annette Moore said that on August 19th the Governor signed into law an amendment to the State Personnel Act, which requires that local government employees covered by the act be employed for 24 consecutive months before gaining career State employee status and gain a property interest in their position. Orange County has employees covered by this act, and for this amendment, it means that if the employees do not complete the probationary period on or before August 18, 2007, they must be employed for 24 consecutive months from the date of their employment before they can apply a property interest in their position. In County employment, this probationary period is sometimes tied to benefits such as funeral leave, maternity leave, military leave, tuition refund and educational leave, the ability to donate or request shared leave, and access to the grievance and appeal process. This amendment will not give these employees a permanent status, but it will give them access to these benefits that have been taken away. In answer to questions from Chair Carey and Commissioner Gordon about the differences in the original and the amended abstracts, Annette Moore said that there were only minor wording changes. Commissioner Gordon asked that the next time there are changes to an abstract that they be highlighted. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to adopt the amendments to Article I, of the Orange County Personnel Ordinance to add sections 2.6 and 4.33, renumber sections 4.33 -4.39, and confer the status of Provisional Status employee on all employees who qualify under these sections. VOTE: UNANIMOUS 7. Reports a. Potential Artificial Soccer Surface Report The Board received a report to determine if there is continued interest in this project and to provide direction to staff. Lori Taft said that last year there was a series of meetings with the soccer community members with the Board of County Commissioners, and one suggestion from this was adding artificial turf to playing surfaces to increase usage and playing time on some soccer fields. She said that she was asked by the Manager to look into this idea for the Smith Middle School fields. Carrboro, CHCCS, and Orange County entered into an MOA for usage and upkeep of these fields and a couple of years ago, there was an agreement concerning the lighting for the fields. This has helped the soccer community but not the condition of the fields. These fields are the only two full -sized fields in southern Orange County, and adults are able to play on these fields. She said that she has looked into this issue of artificial surfaces. There was an information sheet attached to the abstract, along with a site plan for the facility. The cost for putting turf on two fields is $ 1, 624, 400, and the cost for one field is $ $856,000. She said that she could only go so far without any funding mechanism in place because of design work that would be required. She said that the drainage and grading is half of the budget. She said that members of the soccer community have participated in this process and some have offered to contribute financially. She said that the school district has tentatively agreed to relinquish control of field 3 -a to Carrboro after school hours, which has not been done before. Future