HomeMy WebLinkAboutAgenda - 09-02-2010 - 4oORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2010
Agenda
Item No. ~" ' O
SUBJECT: Second Reading: Amendment to the Orange County Personnel Ordinance,
Article II, Recruitment and Employment to Add Section 5.7 Appointments of
Incumbents and Others to Vacant Positions
DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Amendment to Article II, to Add Michael McGinnis, Human Resources
Section 5.7 to the Orange County Director, 245-2552
Personnel Ordinance Annette Moore, Staff Attorney, 245-2317
PURPOSE: To approve on second reading an amendment to Article II, Sections 5.0
Appointments, a Section 5.7 Appointments of Incumbents and Others to Vacant Position.
BACKGROUND: Currently for any vacancy that exists within the County the County must go
through the process of posting the position, accepting applications and interviewing candidates
for positions. In most cases this is desirable and necessary to ensure fair and competitive
hiring process. However, there are occasions this process is an impediment to efficient
operation of County government such as:
• to reduce the budget; .
• to avoid a reduction in force;
• for disciplinary transfers or demotions;
• for the transfer of an employee to avoid the threat of bodily harm;
• to prevent work stoppage in constant demand situations;
• to effect a legally binding settlement agreement;
• to protect the public health, safety, or security; or
• transfer of an employee to accommodate physical disabilities.
Examples of when this situation might apply are fairly common within the County's hiring
process. Often a qualified permanent employee, non-permanent employee, or contracted
employee is used to fill a vacancy created by the departure of another individual. That
temporary assignment has commonly been for an extended period of time. (Currently all vacant
positions are frozen for six months. Thus for most filled positions a temporary assignment can
last at least six months.)
On that basis, the County and temporarily assigned employee have invested six months in
training and developing necessary skills for the position. If the Department Director, Employee
and County Manager concur on a permanent assignment of that temporary employee to that
assignment on a permanent basis, current personnel policies still require a full search and
2
selection process. This requirement delays the appointment, frustrates operations and keeps a
qualified and experienced employee in limbo until the process is completed. Another
unfortunate aspect of this situation is that ultimately several persons apply and interview for a
position which is already occupied on a temporary basis by a qualified person. It is rare that the
temporary employee is not ultimately selected (a known quantity and quality individual in which
the County has invested training expenses).
If this change in personnel policies is approved, the Human Resources Department will work to
enhance the selection and qualification process for temporary applicants.
Staff is proposing that the County Manager be given the authority when there is bona fide need
to appoint either an incumbent currently serving in the position or to move a qualified employee
into a vacant position. This would allow the County Manager the flexibility to move qualified
employees and incumbents serving in vacant positions into vacant positions that may be
outside their current classification.
The Board of Commissioners discussed and approved this item on first reading at the
August 17, 2010 regular meeting with six Board members present. If ordinance
amendments such as this one are not approved by all members of the governing board,
North Carolina General Statutes require approval on second reading for the amendment
to be effective.
In conjunction with the August 17, 2010 approval on first reading, the Board requested that staff
develop and provide Board members with the administrative rules and procedures which will
guide implementation of this proposed amendment. Staff plans to provide these rules to the
BOCC at an upcoming meeting.
FINANCIAL IMPACT: Any appointments made would be within the funds.currently allocated by.
the Board to an established position.
RECOMMENDATION(S): The Manager recommends the Board approve on second reading
the proposed amendment to the Orange County Personnel Ordinance Article II, Section 5.7.,
with staff providing the Board with the administrative rules and procedures guiding the
implementation of this amendment at an upcoming meeting.
o~D-ao~o-o80
Attachment 1
Amendment to Article II Recruitment and Employment, Section S.0 Appointment
5.7 Appointment of Incumbents and Others to Vacant Positions
When a vacancy exists in a position within County government and the County Manager determines that a
bona fide need exists such as:
• to reduce the budget;
• avoid a reduction in force;
• disciplinary transfers or demotions;
• transfer of an employee to avoid the threat of bodily harm;
• to prevent work stoppage in constant demand situations;
• a legally binding settlement agreement;
• to protect the public health, safety, or security; or
• transfer of an employee to accommodate physical disabilities.
The County Manager (or in the case of the Health Director or Social Services Director, the appropriate
Board) may appoint either an incumbent person staffing the position or another employee within the
County to the position provided they meet the minimum qualification required for the position. In the case
of incumbent person staffing a key position the person must also have served in the position satisfactorily
for at least a six month period.