HomeMy WebLinkAboutORD-2010-051 Amendment to Orange County Personnel Ordinance Article IV, Section 15.0, Military Leave15. 0 Military Leave
15.1
Article IV
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Employee Benefits
Amended
6/16/10
In accordance with the Uniformed Services Employment and
Reemployment Rights Act of 1994, its amendments and any implementing
regulations, (USERRA) 38 U.S.C. 4301 et. seq. and N.C. Gen. Stat. 127A -116,
military leave, employment, retention and reemployment rights and benefits are
granted to qualified military servicemembers and veterans for certain periods of
service in the uniformed services.
15.2 No agent or employee of the County shall deny an individual initial employment,
reemployment, retention in employment, promotion, or any benefit of
employment on the basis of their membership, application for membership,
performance of services, application for service, or obligation for service in the
uniformed services.
15.3 The County Manager will promulgate Administrative Rules and Regulations to
carry out this section of the Personnel Ordinance.
Rio � � j X'.0 ,,v
6 a
.Zo v - O f cy
This item was removed and placed at the end of the consent agenda for separate
consideration.
t. RFP Award: Audit Services
The Board awarded Request for Proposal #5163 to Martin Starnes & Associates, CPAs, P.A. of
Hickory, North Carolina to Conduct auditing services for Orange County in the amount of
$83,300; and authorized the Manager to sign pending staff and attorney review.
u. Fiscal Year 2009 -10 Budget Amendment #11
The Board approved budget and capital project ordinance amendments for Fiscal Year 2009 -10
for Visitor's Bureau, Housing and Community Development, Economic Development (Piedmont
Food and Agricultural Processing Center Capital Project Ordinance), Emergency Services,
Technical Amendment, and Department of Social Services.
v. Close County Capital Projects
The Board approved the closing of 15 projects with total available funds of $872,282; the
transfer of $825,000 from existing projects to the Capital Projects Fund Balance as listed on
Attachment 1 and approved the amendments to the four Capital Projects Ordinances,
Attachments 3 -6.
A. Appropriate Funds to Existing County Capital Projects and Transfer Funds to the
County Capital Reserve Fund
The Board appropriated $1,020,133 from Unallocated Resources and $409,337 from the Fund
Balance of the County Capital Projects Fund to fund the $1,429,470 shortfall; and appropriated
$200,000 from the Fund Balance of the County Capital Projects Fund to the County Capital
Reserve Fund, $150,000 without reservation and $50,000 to be reserved for Library Facilities;
and approved the amendments to four Capital Project Ordinances, Attachments 1 -4.
x. Approval of the First Year of Capital Investment Plan and Changes to the 2010 -15 CIP
Process
The Board approved the first year of the County Capital Investment Plan, changes to the 2010-
15 CIP process, and approved amendments to five Capital Project Ordinances, Attachments 2-
6.
Y Amendment to Orange County Personnel Ordinance Article IV Section 15.0. Military
Leave
The Board approved the proposed Personnel Ordinance Amendment to Article IV, Section 15.0
Military Leave and authorized the County Manager to promulgate Administrative Rules and
Regulations to implement the mandate of this Ordinance. The amendment to the Personnel
Ordinance would be effective upon signature of the Administrative Rules and Regulations by
the County Manager.
K.. Employment Agreement for Donna Baker — Clerk to the Board
The Board confirmed the terms of the employment agreement for Donna Baker, Clerk to the
Board.
aa. Next Steps: Orange County and Town of Chapel Hill Library Needs
This item was removed and placed at the end of the consent agenda for separate
consideration.
bb. Letter to Town of Carrboro Regarding Amendments to the Water and Sewer
Management, Planning, and Boundary Agreement
The Board approved the transmittal of a letter to the Town of Carrboro regarding the Town's
concerns about proposed amendment to the Water and Sewer Management, Planning, and
Boundary Agreement and authorized the Chair to sign.
cc. Efland Sewer New Customer Information Packet and Outreach
This item was removed and placed at the end of the consent agenda for separate
consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS
BOARD-OF-COMMISSIONERS---
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 15, 2010
Agenda
Item No.
SUBJECT: Amendment to Orange County Personnel Ordinance Article IV, Section 15.0,
Military Leave
DEPARTMENT: Human Resources PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1. Current: Orange County Personnel
Ordinance Article IV, Section 15.0 and
Proposed: Amendment to Article IV,
Section 15.0, Military Leave
2. Military Leave Administrative Rules
and Regulations
INFORMATION CONTACT:
Michael McGinnis, Human Resources
Director, 245 -2552
Diane Shepherd, Benefits Manager,
245 -2558
Annette- Moores Staff Attorney, 245 -2317
PURPOSE: To consider an amendment to Article IV, Section 15.0 of the Orange County
Personnel Ordinance relating to Military Leave.
BACKGROUND: The Orange County Personnel Ordinance was adopted in 1985. Since its
adoption, laws affecting the rights and responsibilities of both employees and employers have
changed significantly.
In 1994, Congress enacted the Uniformed Services Employment and Reemployment Rights Act
(USERRA).1 USERRA expanded the rights afforded under the Veterans Readjustment
Assistance Act by protecting military servicemembers' and veterans' civilian employment rights
when these individuals have been called up to serve or have served in the uniformed services.
USERRA also protects servicemembers from discrimination because of their military service
and has been expanded to include National Guard servicemembers who are called to active
duty beyond the customary two week training period.
In addition, the North Carolina General Statutes provide that the Governor make "policy and
regulation relating to leave of absences for short period of military training and for State or
federal military duty or special emergency management service" for both state and local
government employees.2
Although the County has complied with USERRA and the state law, the Personnel Ordinance
has not been amended to reflect the changes made in the legislation. Several County
employees, who are members of North Carolina National Guard, have been called up to serve
1 38 USC 4301 et seq.
2 N.C. Gen. Stat. §127 -116
on active duty. Staff is recommending changes to the Personnel Ordinance that make it
-------consistent-with federal and -state law and- anyimplementing- regulations.— - - - -
Highlights include:
• Full civilian pay for 120 hours of military service;
• After 120 hours of military service, provide a pay differential salary to activated service
members for the length of their service;
• Reemployment rights for qualified servicemembers;
• Protection of benefits and seniority during military leave.
Amendments to the Personnel Ordinance would change the current section of the Personnel
Ordinance which allows employees military leave with pay, but does not define the length of
time for which the County will pay an employee's full salary. In the past, the County has paid
employees on long term military leave their full salary and benefits for the entire period they
have been called to active duty which is not consistent with the law or best practices.
Staff recommends that Article IV, Section 15.0 Orange County Personnel Ordinance be
amended to add the provisions of USERRA as provided in Attachment 1 with the corresponding
Rules and Regulations proffered by the County Manager. This amendment would make
Orange County's Personnel Ordinance consistent with the USERRA and State law.
FINANCIAL IMPACT: The County has had an average of one service member on active duty
every five years. The proposed changes to the Personnel Ordinance would reduce the amount
of salary paid to an employee during a period of active military duty consistent with federal and
state law.
RECOMMENDATION(S): The Manager recommends that the Board approve the proposed
Personnel Ordinance amendment to Article IV, Section 15.0 Military Leave and authorize the
County Manager to promulgate Administrative Rules and Regulations to implement the
mandate of this Ordinance. The amendment to the Personnel Ordinance would be effective
upon signature of the Administrative Rules and Regulations by the County Manager.
3
-- - Current Article -M Section- i-5 -0- Military - Leave -- --
15.0 Military Leave
15.1 Short Term - A Military Leave is granted upon request, and with essential documentation,
to a full -time permanent or part-time permanent employee requiring time away from work
because of a mandatory military obligation as a member of the armed forces reserve units.
15.1.1 Leave with pay, up to a maximum of 96 regularly scheduled working hours in a
calendar year, (for part-time permanent employees hours will be prorated) is
granted for a mandatory summer encampment. The first day of such leave is the
first regularly scheduled workday the employee is absent. The employee retains
military pay. However, the salary payment which the employee receives from the
military shall be deducted from the sum paid by the County.
15.1.2 Leave with pay is granted to member of the Army or Air National Guard, and Naval
Militia, Civil Air Patrol or other reserve components of the Armed Forces of the
United States, ordered to active duty or emergency assignments.
15.1.3 The employee submits any request for Military leave, accompanied by a copy of the
military orders to the supervisor for approval as soon as possible after the employee
is notified.
15.2 Long Term - A Military Leave of Absence is granted upon request, and with essential
documentation, to a full -time permanent or part-time permanent employee who enlists, is
drafted or inducted into the Armed Forces for one voluntary enlistment in the active or
reserve armed forces.
15.2.1 Military Leave without pay is granted for up to four years plus 90 days. However,
extension is granted for the duration of such service in the event of a national
emergency.
15.2.2 An employee who is honorably discharged and reports back to work in a timely way
from Military leave is reinstated to his or her regular position and duties held at the
time Military Leave commenced, as specified in the Veteran's Readjustment
Assistance Act.
15.3 Reinstatement to the same or similar classification, seniority, and pay must be made upon
the employee's return to work, unless such a position is no longer available due to
budgetary reduction in staff. An employee is required to apply to Orange County for
reinstatement within 90 days of honorable discharge.
0120--0010 -051
4
Amended Article IV, Section 15.0 Military Leave
15.0 Military Leave
15 In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994,
its amendments and any implementing regulations, (USERRA) 38 U.S.C. 4301 et. seq., N.C. Gen.
Stat. 127A -116, military leave, employment, retention and reemployment rights and benefits are
granted to qualified military servicemembers and veterans for certain periods of service in the
uniformed services.
15.1 No agent or employee of the County shall deny an individual initial employment, reemployment,
retention in employment, promotion, or any benefit of employment on the basis of their
membership, application for membership, performance of services, application for service, or
obligation for service in the uniformed services.
15.2 The County Manager will promulgate Administrative Rules and Regulations to carry out this
section of the Personnel Ordinance.
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Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 5
15.0 Military Leave
I. Ordinance I
Article IV, Section 15. 0 Military Leave
15.1 In accordance with the Uniformed Services Employment and Reemployment Rights Act
of 1994, its amendments and any implementing regulations, (USERRA) 38 U.S.C. 4301
et seq. and N.C. Gen. Stat. 127A -116, military leave, employment, retention and
reemployment rights and benefits are granted to qualified military servicemembers and
veterans for certain periods of service in the uniformed services.
15.2 No agent or employee of the County shall deny an individual initial employment,
reemployment, retention in employment, promotion, or any benefit of employment on the
basis of their membership, application for membership, performance of services,
application for service, or obligation for service in the uniformed services.
- 1- 5..3 -- - The - County Manager will promulgate Administrative Rules and Regulations to carry out - this section of the Personnel Ordinance.
H. Authority
The purpose of this rule is to implement and give effect to Article IV, Section 15.0 of the Orange
County Personnel Ordinance - Military leave. These Administrative Rules and Regulations
provide for consistent application of the Personnel Ordinance to Orange County employees.
III. Purpose
These Administrative Rules and Regulations provide guidance for Article IV, Section 15.0 of the
Orange County Personnel Ordinance - Military leave. The Military Leave section of the
Ordinance provides qualified servicemembers and veterans civilian employment rights. Among
other things, it protects a servicemembers' civilian job after they return from military service as
well as protects servicemembers from discrimination in the workplace based on their military
services or affiliation.
IV. Administrative Rules and Regulations
Employment, retention and reemployment rights and benefits are granted to qualified military
servicemembers and veterans for certain periods of service in the uniformed services. An
individual shall not be denied initial employment, reemployment, retention in employment,
promotion, or any benefit of employment on the basis of their membership, application for
membership, performance of services, application for service, or obligation for service in the
uniformed services.
A. Definitions. The following definitions apply to the Rules and Regulations for this
Military Leave Section only.
Issue Date: 6116/Z010 Page 1
Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 6
1. Service in the Uniformed Service. The performance of duty on a voluntary
or involuntary basis in a uniformed service including:
a. Active duty;
b. Active duty for training;
C. Initial active duty for training;
d . Inactive duty training;
e. Full -time National Guard;
f. Absence from work for an examination to determine a person's
fitness for any of the above types of duty;
g. Funeral honors duty performed by national Guard or reserve
members;
h. Duty performed by intermittent employees of the National Disaster
Medical System (NDMS), which is part of the Department of
Homeland Security — Emergency Preparedness and Response
Directorate (FEMA), when activated for a public health
emergency, and approved training to prepare for such services.
2. Uniformed Service. The Uniformed Services consist of the following:
a. Army, Navy, Marine Corps, Air Force, or Coast Guard;
b. Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force
Reserve, or Coast Guard Reserve;
C. Army National Guard or Air National Guard;
d. Commissioned Corps of the Public Health Service;
e. Any other category of persons designated by the President in time
of war or emergency;
f. Civil Air Patrol (as provided in these Rules and Regulations);
g. State Militia (as provided in these Rules and Regulations);
B. Covered Employees.
All permanent, permanent part-time and provisional employees are
covered by these Rules and Regulations.
2. Temporary employees or those employees in pre - service positions that are
for brief, non - recurrent periods where there is no reasonable expectation
that employment will continue indefinitely or for a significant period of
time are not covered by these rules and regulations.
C. Leave Options.
Active and Inactive Duty Training. Leave with pay, shall be granted
for active and inactive duty training up to a maximum of 120 hours
each calendar year; pro -rated for part-time employees.
Issue Date: 6/16/2010 Page 2
Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 7
a. If training is not scheduled on an employee's day off, the
employee has the option of requesting that their work schedule
be rearranged to provide them with the day off, or the
employee may use any unused portion of the 120 hours of
leave with pay, compensatory time, vacation or leave without
Pay-
b. Any additional military leave for training shall be leave
without pay or at the request of the employee they may use
compensatory and vacation leave (compensatory leave must be
used first).
2. Physical Examination. Leave with pay shall be granted for a required
physical examination related to membership in the uniformed services.
3. Reserve Active Duty. When ordered to State or Federal active duty, or
as an intermittent disaster - response appointee upon activation of the
- - National Disaster Medical System, the following shall apply for each
period of involuntary service:
a. Thirty days or less. Employees shall receive up to thirty (30)
calendar days of pay based on their current annual County
salary.
b. Thirty -one days or more. After a thirty day period, employees
shall receive differential pay for M period of involuntary
service up to five years of cumulative services as provided in
Section E. below This pay shall be the difference between
military basic pay and the employee's annual County salary, if
military pay is the less.
4. Extended Active Duty and Other Military Leave. Military leave
without pay shall be granted for all extended active duty and other
military leave in the uniformed service that is not covered by military
leave with pay defined in Sections 1 -3 above. Extended active duty
and other military leave are:
a. Initial active duty for training (voluntary initial enlistment);
b. Extended active duty (voluntary) for a period not to exceed five
years plus any additional service imposed by law;
C. Full time National Guard duty (usually a voluntary 3 year
contract);
Issue Date: 6/161 2010 Page 3
Orange County Personnel Rules and Regulations Manual Effective Date: 6/1612010 _ 8
d Wlu –le awaiting entry into—active duty, such period as may be
reasonable to enable the employee to address personal matters
prior to such extended active duty;
e. The period immediately following eligible period(s), as defined
under "Reinstatement" of this policy, while reinstatement with
County government is pending, provided the employee applies
for such reinstatement within the time limits defined. (Note: It
is the employee's responsibility to apply for reinstatement
within the time limit defined.)
f. Employees hospitalized for, or convalescing from, an injury or
illness incurred in, or aggravated during the performance of
extended active duty, except that such period shall not exceed
two years beyond their release from extended active duty under
honorable conditions. Also, the employee shall be entitled to
leave without pay for the period from the time of release by the
until actually reinstated in County employment,
provided the employee applies for such reinstatement within
the time limits defined;
g. Duties resulting from disciplinary action imposed by military
authorities;
h. Inactive duty training (drills) performed for the convenience of
the member, such as equivalent training, split unit assemblies,
make -up drills, etc.
5. Any employee has the discretion when they are on military leave
without pay to use compensatory, vacation or sick leave, as
appropriate to retain their both their military and County pay.
Compensatory pay must be used prior to using vacation or sick pay.
D. Advance Notice of Leave for Military Service Requirement. The employee must
provide at least 30 days notice or notice as far in advance as is reasonable under
the circumstances of their leave for military service. The notice of leave may
either be written or oral. Notice may be provided to the Supervisor or the Human
Resource Department by either the employee or by an appropriate officer in the
military branch in which the employee will be serving. However, no notice is
required under the following circumstances:
1. Military necessity prevents the giving of notice of leave; or
2. The giving of notice of leave is otherwise impossible or unreasonable.
Issue Date: 6/16/2010 Page 4
Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 9
E. Duration of Service. An employee is entitled to a leave of absence for uniformed
services for a cumulative period of up to five (5) years to retain reemployment
rights with the County. Most types of services will be cumulatively counted in
the computation of the five year period with the following exceptions:
Service required beyond five years to complete an initial period of
obligated service;
2. Service from which a person, through no fault of the person, is unable to
obtain a release within the five -year limit;
3. Required training for reservists and National Guard members;
4. Service under an involuntary order to, or to be retained on, active duty
during domestic emergency or national security related situations;
5. Service under an order to, or to remain on, active duty (other than for
training) because of a war or national emergency declared by the President
or Congress;
6. Active duty (other than for training) by volunteers supporting "operational
missions" for which Selected Reservists have been ordered -to active duty
without their consent This exemption from the five -year limitation covers
persons who are called to active duty after volunteering to support
operational missions. Persons involuntarily ordered to active duty for
operational missions would be covered by the fourth exemption, above;
7. Service by volunteers who are ordered to active duty in support of a
"critical mission or requirement" in times other than war or national
emergency and when no involuntary call up is in effect; and
8. Federal service by members of the National Guard called into action by
the President to suppress an insurrection, repel an invasion, or to execute
the laws of the United States.
F. Application for Reemployment. Upon completion of uniformed services, an
employee must notify Orange County of their intent to return to their pre - service
position by either reporting to work or submitting a timely application for
reemployment depending upon the length of military service as follows:
1. Service of 1 to 30 days. An employee must report to the Human Resource
Department and their Supervisor by the beginning of the first regularly
scheduled work period that begins on the next calendar day following
completion of service, after allowance for safe travel home from the
military duty location and an 8 -hour rest period. If, due to no fault of the
Issue Date: 6/16/ 2010 Page 5
Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 10
employee, timely reporting back to work would be impossible or
unreasonable, the employee must report back to work as soon as possible.
2. Fitness Exam. The time limit for reporting back to work for an employee
who is absent from work in order to take a fitness- for - service examination
is the same as the one above for employee who is absent for 1 to 30 days.
This period will apply regardless of the length of the employee's absence.
3. Service of 31 to 180 days. An application for reemployment must be
submitted no later than 14 days after completion of an employee's military
service. If submission of a timely application is impossible or
unreasonable through no fault of the employee, the application must be
submitted as soon mpossible.
4. Service of 181 or more days. An application for reemployment must be
submitted to the County no later than 90 days after completion of an
employee's military service.
5. Disability incurred or aggravated. The reporting or application deadlines
are extended for up to two years for an employee who is hospitalized or
convalescing because of a disability incurred or aggravated during the
period of military service. The two -year period will be extended by the
minimum time required to accommodate a circumstance beyond the
employee's control that would make reporting within the two -year period
impossible or unreasonable.
6. Unexcused delay. An employee who fails to report to work or to apply for
reemployment within the required time limits will be subject to the rules
governing unexcused absences.
G. Character of Service. An employee otherwise eligible for reemployment will be
disqualified for reemployment if the employees discharge from military service
falls within one of these four categories:
1. Separated from uniformed services with a dishonorable or bad conduct
discharge;
2. Separated from uniformed service under other than honorable conditions;
3. Dismissal of a commissioned office in certain situations involving a court
martial or by order of the President in time of war.
4. Dropping an individual from the roles when the individual has been absent
without authority for more than three months or is imprisoned by a civilian
court.
Issue Date: 6/16/2010 Page 6
Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 11
H. Documentation Required- Upon -Re An- employee-who -is- absent for period
of service of 31 days or more shall provide documentation demonstrating that:
1. The employee's application for reemployment is timely;
2. The employee has not exceeded their five year service limitation; and
3. The employee's separation from service was other than disqualifying
under Section G above.
4. Unavailable Documentation.
a. If an employee does not provide satisfactory documentation
because it does not exist, they will still be reemployed. However,
if after reemploying the individual, documentation becomes
available that show one or more of the reemployment requirements
were not met, disciplinary action may be taken up to and including
termination from County employment. -
b. If a person is absent for 91 or more days, and the County is not
making retirement contribution, the County may delay making
retroactive retirement contributions until the person submits
satisfactory documentation. However, for employees absent for 90
or fewer days retirement contributions will be made.
I. Reinstatement. An employee will be promptly reemployed when they return from
a period of service into the position; the employee would have been entitled to,
with a reasonable certainty, if not for the absence due to uniformed service.
1. Reinstatement Position. Reinstatement shall be to the position they would
have likely achieved had they remained continuously employed (escalator
position); or, if the period of uniformed service was in excess of 90 days,
their escalator position, or one of like seniority, status and pay. In the case
of reemployment, such reemployment is to be promptly effective.
2. Break in Service. An absence from employment due to or necessitated by
uniformed service is not considered a break in service. An employee is
entitled to seniority and seniority -based rights and benefits they had on the
date of service began, plus any seniority and seniority -based rights they
would have attained had they remained continuously employed by the
County.
3. Disabled Employees. An employee who has a disability that incurred in,
or aggravated during the period of services, to the extent that the duties of
the escalator position cannot be performed, the employee shall be
Issue Date: 6/16/ 2010 Page 7
Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 12
reinstated to a position most nearly comparable to the escalator position,
with duties compatible with the disability and without loss of seniority.
4. An employee's Rate of Pay upon Reinstatement. The employee's salary
upon reinstatement shall be based on the salary rate applicable to the
proper escalator position. In no case will the reinstated employee's salary
be less than when placed in a military leave status. If the employee was in
trainee status at the time of military leave, the addition of trainee
adjustments may be considered, at the discretion of the department
director in consultation with the Human Resources Director, if it can be
determined that military experience was directly related to development in
the area of work to be performed in the County position. The addition of
trainee adjustments must be made if it can be shown that progression
within or through such status is based merely upon the passage of time
with satisfactory performance. A cost -of- living adjustment should be
included in the reinstatement pay. The addition of performance bonuses is
determined in the same manner as any other employee on leave without
pay.
Civil Air Patrol. When performing missions or encampments, authorized and
requested by the U.S. Air Force or emergency missions for the State at the request
of the Governor or the Secretary, Department of Crime Control and Public Safety,
members of the Civil Air Patrol are entitled to military leave with pay not to
exceed 120 hours (prorated for part-time employees) in any calendar year. Such
service may be verified by the Secretary of the Department of CCPS upon request
by the County. Regularly scheduled unit training assemblies, usually occurring
on weekends are not acceptable for military leave, however, departments are
encouraged to arrange work schedules to allow employees to attend this training.
K. State Militia. Members of the State Defense Militia are not subject to obligatory
service unless they are assigned to a unit that is ordered or called out by the
Governor. Only under the following conditions are County employees entitled to
military leave with pay:
1. Infrequent special activities in the interest of the State, usually not
exceeding one day, when so ordered by the Governor or his authorized
representative.
2. State duty for missions related to disasters, search and rescue, etc., again,
only when ordered by the Governor or his authorized representative.
3. Under these conditions, an employee may be granted military leave not to
exceed 120 hours (prorated for part-time employees) during any calendar
year.
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Orange County Personnel Rules and Regulations Manual Effective Date: 6/16/2010 13
4. County employees who are members of the State Defense Militia are not
entitled to military leave with pay when volunteering for support of
functions or events sponsored by civic or social organizations even though
such support has been "authorized."
5. Regularly scheduled unit training assemblies, usually occurring on
weekends, are not acceptable for military leave; however, departments are
encouraged to arrange work schedules to allow the employee to attend this
training.
6. Duty status may be verified with the Office of the Adjutant General,
North Carolina National Guard, ATTN: Vice Chief of Staff - State
Operations (VCSOP).
L. Retirement Compensation. Differential pay does not meet the statutory definition
of "compensation" for retirement purposes. Thus, retirement contributions shall
not be reported to the Retirement System on differential pay. The employee shall
- receive retirement service credit for periods - of- service in accordance with -
Retirement System regulations. (See Retirement System Handbook for further
details.)
M. Health Insurance. When on state duty, the County continues to pay for health
coverage for members of the National Guard. When on federal active duty, the
County will pay for coverage in the County Health Plan for at least 30 days from
the date of active service pursuant to the orders. Partial premiums are not
accepted; therefore, if a full premium is paid'to cover a partial month, coverage
will also continue to the end of that month. After that, the employee may choose
to continue coverage in the County Health Plan by paying the full premium.
N. Service Credit. During periods eligible for military leave without pay, the
employee shall continue to earn time toward total County service if reinstated
within the time limits outlined in the Reinstatement Section.
O. Longevity Pay. If eligible, a longevity payment computed on a prorated basis
shall be paid. The balance will be paid when the employee returns and completes
a full year. Then, a full payment will be made on the employee's longevity date
that was established before going on leave without pay.
P. Leave. The employee shall not accumulate vacation or sick leave while on
military leave for more than 30 days.
Issue Date. 6/16/2010 Page 9
o Oe0 -a o "a - o 9-
This item was removed and placed at the end of the consent agenda for separate
consideration.
t. RFP Award: Audit Services
The Board awarded Request for Proposal #5163 to Martin Starnes & Associates, CPAs, P.A. of
Hickory, North Carolina to Conduct auditing services for Orange County in the amount of
$83,300; and authorized the Manager to sign pending staff and attorney review.
u. Fiscal Year 2009 -10 Budget Amendment #11
The Board approved budget and capital project ordinance amendments for Fiscal Year 2009 -10
for Visitor's Bureau, Housing and Community Development, Economic Development (Piedmont
Food and Agricultural Processing Center Capital Project Ordinance), Emergency Services,
Technical Amendment, and Department of Social Services.
v. Close County Capital Projects
The Board approved the closing of 15 projects with total available funds of $872,282; the
transfer of $825,000 from existing projects to the Capital Projects Fund Balance as listed on
Attachment 1 and approved the amendments to the four Capital Projects Ordinances,
Attachments 3 -6.
A. Appropriate Funds to Existing County Capital Projects and Transfer Funds to the
County Capital Reserve Fund
The Board appropriated $1,020,133 from Unallocated Resources and $409,337 from the Fund
Balance of the County Capital Projects Fund to fund the $1,429,470 shortfall; and appropriated
$200,000 from the Fund Balance of the County Capital Projects Fund to the County Capital
Reserve Fund, $150,000 without reservation and $50,000 to be reserved for Library Facilities;
and approved the amendments to four Capital Project Ordinances, Attachments 1 -4.
x. Approval of the First Year of Capital Investment Plan and Changes to the 2010 -15 CIP
Process
The Board approved the first year of the County Capital Investment Plan, changes to the 2010-
15 CIP process, and approved amendments to five Capital Project Ordinances, Attachments 2-
6.
y. Amendment to Orange County Personnel Ordinance Article IV, Section 15.0, Military
Leave
The Board approved the proposed Personnel Ordinance Amendment to Article IV, Section 15.0
Military Leave and authorized the County Manager to promulgate Administrative Rules and
Regulations to implement the mandate of this Ordinance. The amendment to the Personnel
Ordinance would be effective upon signature of the Administrative Rules and Regulations by
the County Manager.
K. Employment Agreement for Donna Baker — Clerk to the Board
The Board confirmed the terms of the employment agreement for Donna Baker, Clerk to the
Board.
aa. Next Steps: Orange County and Town of Chapel Hill Library Needs
This item was removed and placed at the end of the consent agenda for separate
consideration.
bb. Letter to Town of Carrboro Regarding Amendments to the Water and Sewer
Management, Planning, and Boundary Agreement
The Board approved the transmittal of a letter to the Town of Carrboro regarding the Town's
concerns about proposed amendment to the Water and Sewer Management, Planning, and
Boundary Agreement and authorized the Chair to sign.
cc. Efland Sewer New Customer Information Packet and Outreach
This item was removed and placed at the end of the consent agenda for separate
consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS