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HomeMy WebLinkAboutORD-2011-001 Amendment-Personnel Ordinance, Article IV, Section 6.0; Article VI, Sections 5.1 & 5.2ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 20, 2011 Action Agenda Item No. ~ -- SUBJECT: Amendment to the Orange County Personnel Ordinance, Article IV, Section 6.0, ' Sick Leave and Correction of Previous Amendment to Article VI, Sections 5.1 and 5.2 of The Position Classification Plan DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Amendment to Article IV, Section 6.0, Sick Leave, of the Personnel Ordinance and Rules and Regulations 2. Correction of Amendment to Article VI, Sections 5.1 and 5.2 of The Position Classification Plan of the Personnel Ordinance INFORMATION CONTACT: Michael McGinnis, Human Resources Director, 245-2552 Katherine Cathey, Organizational Development Manager, 245-2553 County Attorney's Office, 245-2320 PURPOSE: To consider an amendment to the Orange County Personnel Ordinance, Article IV, Section 6.0, Sick Leave, to align Sick Leave accrual and usage with Annual Leave and to correct the September 2, 2010 amendment to Article VI, The Position Classification Plan, Sections 5.1 and 5.2. BACKGROUND: As the County moves toward implementation of an automated timekeeping program, staff proposes changes to Sick Leave that correspond to the way employees accrue and use Annual Leave. Effective January, 29, 2011, eligible full-time employees would earn 3.7 hours of Sick Leave on a bi-weekly basis, for a total of 96.2 hours of Sick Leave per year, and would be able to use Sick Leave in increments of 15 minutes. Eligible full-time employees currently accrue 8.0 hours of Sick Leave per month, for a total of 96.0 hours per year, and are able to use Sick Leave in increments of 30 minutes. Attachment 1 provides the proposed changes to the Personnel Ordinance with corresponding Rules and Regulations proffered by the County Manager. The proposed amendment to Article VI, The Position Classification Plan, Sections 5.1 and 5.2 was presented to the Board on September 2, 2010 for approval on second reading. The attachment did not accurately reflect the language of the amendment originally approved by the Board on August 17, 2010. Attachment 2 corrects the language presented in the September 2, 2010 attachment. FINANCIAL IMPACT: Leave is already incorporated into annual salaries, and all reclassifications of positions are funded through approved appropriations in the annual operating budget for each fiscal year. 2 RECOMMENDATION(S): The Manager recommends the Board approve the amendment to the Orange County Personnel Ordinance, Article IV, Section 6.0, Sick Leave and correct the September 2, 2010 amendment to Article VI, Sections 5.1 and 5.2 of The Position Classification Plan. ~~~~~~~ Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 3 Sick Leave o f~ ~' o~ ~ (~ - ~ ~ ~ I. ORDINANCE Article IV, Section 6.0, Sick Leave 6.1 General 6.1.1 The County provides Sick Leave with pay for Permanent, Provisional_ and Time-Limited employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. 6:1.2 T.,..-=e~~T °~Q«~-m~~~: Repealed Effective January 28, 2011. 6.1.3 Employees of the Sheriffs and Register of Deeds' departments Amended are covered by the Sick Leave peli~section of the Personnel oiioii9a Ordinance in the same manner as other County employees. The Sheriff and Register of Deeds themselves may voluntarily elect to be covered by the ~;^'~ T °^•~° ^^'~^~ phis section of the Ordinance. Such election may be made upon initial adoption of this peli~y-section of the Ordinance or upon election to a term of office and is in effect for the term of office. If the Sheriff or Register of Deeds elects to be covered and exhausts available Sick Leave then his or her compensation is reduced by being placed on leave without pay for any additional Sick leave period. This constitutes a voluntary reduction in compensation under ~~2AGS 153A-92b(1). 6.2 Using Sick Leave Ph~rr.+i~C-t~l-6~---ii~~i$~S~A~f~i~'F~~e'b °•~•+., +1, 167cr~-vrrr -C_'~~2-11~3P~6~ +r-~z~i~,~9y2~'-~~xisir~diut~~Iy-6rth~s ~,~ ~ ~ ~ , „+ ..1,:1.7 ,..7..«.,°~+;,, „.,.h„°...,~ ,7°f;,..°,7 ' 1' A~F~1~$4 Ya:u vuc, vaui , " IT°E~E.°.'~e;•~,~l.Z'L7''tT'Z''II~'g'-'+C1TVJ° ~ ° fel-i1ZV~ ~ a uivui~vi vi Repealed Effective January 28, 2011. 6.3 Earning Sick Leave Issue Date: January 29, 2011 Page 1 Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 4 6.3.1 Each Permanent, Provisional or Time-Limited employee earns Sick Leave based on the regular work schedule. 6.3.2 A Permanent. Provisional or Time-Limited Full Time employee regularly scheduled to work 40 hours each workweek earns Sick Leave at a rate of e~gl~-3_7 hours each m~pa~;period or 96.2 hours each year. 6.3.3 Sick Leave earning is prorated for Permanent. Provisional or Time- Limited employee working a regular work schedule other than 40 hours. ~~1fiQFZrrnnn 1 Tl ..F„., + 1 1 + ,.7, „+e,] t„ ...... r ~ vuauw era •• •+a~ ;+ +.. +1, + .7 ,-+ + ~ 1 .7 ....... ~..:....i...~., .~ w ui~ vYa..i ucxu , 6.3.4 Sick Leave is earned during any meth-may period in which the employee works. or is on paid leave one-half or more of the work days in the ~~a~ eriod. 6.3.5 In addition to Sick Leave earned, any accumulatedn Amended Annual Leave in excess of 240 hours as of January 31 of each o2iosio2 yeaz is converted to Sick Leave. This converted Sick Leave is used in the same manner as earned Sick Leave. As with other Sick Leave, any unused converted Sick Leave is counted towazd creditable service at retirement as authorized by the N.C. Local Government Employees Retirement System. 6.4 Accumulating Sick Leave Unused Sick Leave is cumulative and there is no maximum amount which may be accumulated. 6.5 Transferring Sick Leave 6.5.1 Anew Permanent, Provisional or Tiine-Limited employee may transfer earned, unused Sick Leave from another local government unit in North Carolina or from a North Cazolina State agency if the transfer occurs within 12 months of employment with that unit or agency. 6.5.2 Any Sick Leave transfer requires proper verification of accumulated Sick Leave by the unit or agency which the employee is leaving. The employee is responsible for obtaining such verification. 6.5.3 For Permanent employees as of January 1, 1992 this transfer Amended provision is retroactive to the effective date of any covered oiioii92 transfer. 6.6 Reinstating Sick Leave Issue Date: January 29, 2011 Page 2 Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 A former Permanent, Provisional or Time-Limited Orange County employee who is reinstated as a Permanent, Provisional or Tirne-Limited employee within one year after separation is credited with previously accumulated Sick Leave, upon reinstatement. 6.7 A nrp owing Sick Leave ~~T°czj~'n'c°-~Jr-f6~-SJiE1C ~cis's'-°c-iE~li~-s +-rrc-u ,,,.•,•,•,1 •,~ thy'-cnz~c~u ~;,.,, T o e -he = >e -~ e ~s -gi 1 t ~ - R € ~ ~^ ~~~~~~ =x ~ - en e- er- c- ~- r~ga s e - e -- ~t o ~ o a„ .z+l.,o o ,~1~, o~~ nt,~a „ .. ,.o~r,,,,~;~.,lo l ~ ~ , f e e ~hh ~tl ~ ~if ~i e~p ee- ~- e3 tor +l,nr ,1,,..;,,,< +l,o ~;<.n+ ; r-~e ng- ~c~ ~ nE ~ 3 ~p -tie--da - €-~° l ~~~ ~ ~ a s mo ~ mr~ln sin .. +ti.e Ql,o.-:~~ - y - , e -en e a „+ Co,..>;., Tlo,..n,-t,,,, „+ 'C.,.. .,o .> TTn ~,o o T i _ _ , s ^r. .1„+a 1 ~~ ~ , ,.,an o >,+1<_ .70 .,,-t..,oH+.,l ~+, H 3~ vC- -- 9--g6 ~. 7 A 'T'1,n n ,..1,<>nii,ii,r,~n n+o+omor,+ r r<n,•rlir,.i_+l~,.a_ru+„ro1,f +1,0 ;ll...o~.< n«,7 +l,o o ,-.1«<>00~~, ., ~.;+<> +~ ,-oo„w,o , ~.,-L _ Repealed Effective Januar~28, 2011. 6.8 Responsibility 1 TL. .ln n<a- ( Q + b,nn,l .. n:L.lo ..on .,« ~ ,. ,Y,.~;,,+n;.~;.,« n n,,,•n+v ~.';., lr_ T~_n.~zg ~ ~ _ ---- --r----- o ,ln nh ; "_-- ---'---- -- _ r ,.i; ~. +l~.o F~ :> e y~ ~,.,,„ .. +,> ~~T o <>o D ~ ~ o~,.;n+o,.n r ' e~}te~- Y- rifC.~~Mtt~e e ? ~~ - - - ~ - - - = o-= - °- ~ ' A,~, ..1 .,+ ~, .1„+,> ,>l,a„ Lxn r~r nl.° „+;_al,+ o,-.rln ,. l<; ° ° xL xuuii~ia xu `~ ___ _mr__~>__ __ ___ _ " ..J 1, L. 1+1. +b, 1, o n l+L, ., ~ .,+1, o,- o ,.1.,<, o o ~ . a viut.av J vv~, Issue Date: January 29, 2011 Page 3 Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 Y ~ J~ J~ ++~~~~~,,~~~~ Y J rA + Repealed Effective January 28, 2011. 6.9 Advancing Sick Leave ixr+1, +1, 1 ~+t, r +, r~r., o e;,.v r o ,,.,~„_t•,o_.+,lt ~.1 +„ «' J „~ ~ 1 ~ .1 a i, ,1 .,~ e;,.v r o „+o.l ~~or o,.+,.~,,..a; »»J .,. ,.»--- »»...Y--- "- ----- ----' - '- arn. ---- ------- --------------YET + ~ .a' + .a C t' ~ 7 Repealed Effective January 28, 2011. 6.10 Effect of Separation on Sick Leave 6.10.1. Resignation, Layoff Probationary Termination or Dismissal At separation, the employee receives no pay for accumulated, unused Sick Leave. T~+~-e~leyee~t-ak~Qre~~e-k~eai=e-e~e~^r r 1, 1, a a c,,..+;,,,, ~ a +l,o o „t„~,oo ro ,,,t,,,,-~o~ +1, ,,, , 6.10.2. Final Pa cy heck If the employee has either been advanced or taken more leave than earned, the employee or the estate of the employee shall reimburse the County from the fmal paycheck of the employee. II. AUTHORITY The purpose of this rule is to unplement and give effect to Article IV, Section 6.0 of the Orange County Personnel Ordinance, Sick Leave. These Administrative Rules and Procedures provide for consistent application of the Ordinance to ensure that Orange County employees are treated in a consistent manner. III. RULE • Orange County provides paid Sick Leave to eligible County employees in each pay period in which the emplo;=ee is on active pay status on-half or snore of the work days in the pawperiod. Issue Date: January 29, 2011 Page 4 Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 IV. ADMINISTRATIVE RULES AND REGULATIONS A. Eligibility. 1. County Employees. Permanent Provisional and Time-Limited employees bath fiill anal part-time (regularly scheduled at least 20 hours each workweek) This includes employees appointed to a permanent position servin~a probationary period 2. Employees of the Sheriff's and Register of Deeds' Offices are covered by this Section of the Personnel Ordinance in the same manner as other County employees 3. The Sheriff and Register of Deeds may be covered if they voluntarily elect to be covered either upon the initial adoption of this section of the Ordinance or upon election to a term of office. B. Using Sick Leave 1. Sick leave may be used for the followine reasons• a. Physical or mental illness or inLury which prevents t12e employee from performing the usual duties including a pregnancy-related disability b. Care of an ill member of the employee's immediate family For this purpose immediate family is defined as the employee's spouse parent child or domestic partner as defined in policy. c. Medical or dental appointments including those necessary for the care of a member of the employee's immediate familti^. d. Appointments with the Employee Assistance Pro ram provider 2. Sick leave may be taken only with the approval of the Department Director or their designee. a. The employee dives the supervisor reasonable advance notice of any absence for Whlcll Sick Leave is requested such as scheduled appointments or anticipated hospitalization. In this way the supervisor may arrange for covera e durin the employee's absence. b. I11 the case of iulexpected absence for which Sick Leave is requested the einplovee is responsible for notifying the supervisor of the absence no later than during the first half-hour of work on the day of the absence Employees in the Sheriffs Office Emer encv Sei-~~ices Public Works or others as necessary notify the supervisor prior to the time scheduled to go on du in accordance with departmental operatin procedures c. The supervisor rnay require a physician's statement regarding the nature of the illness and the employee's capacity to resume work Issue Date: January 29, 2011 Page 5 Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 d Failure to notify the supervisor of absence or improper use of Sick Leave m.av result in lass of pay and/or disciplin.ary action. e. Sick Leave may be taken in increments of 15 minutes or greater. f A holiday is not charged as Sick Leave when it occtus during a period of scheduled Sick Leave. 3 Responsibility The Department Director is responsible for maintaining accurate sick leave records and for the application of the sick leave provision of the Personnel Ordinance. The Department Director assures that: a An einployee is not on duty when he or she might endanger his or her health or the health of other employees; b An employee is not on duty when due to temporary disability or illness the employee cannot perforni essential duties required of the job• c. There is no abuse of Sick Leave privile es. C. Earning and Accumulation of Sick Leave. 1 Eligible employees will earn sick leave based on their regular work schedule. Eligible full-time employees shall earn sick leave as provided in Article IV, Section 6.3.2 of the Orange County Personnel Ordinance. 2 Eli ig ble part-time employees' sick leave earnings will be prorated.. The Human Resources Department shall calculate the prorated earning rate and provide it to the operatin department of the part-time employee. 3 In addition to Sick Leave earned any_accumulated Vacation Annual Leave in excess of 240 hours as of January 31 of each year is converted to Sick Leave. This converted Sick Leave is used in the same manner as earned Sick Leave.. 4 Unused Sick Leaye is cumulative and there is no maximum amount which may be accumulated. D Advancing Sick Leave. Sick leave may not be advanced before it is earned; however, in hardship situations sick leave may be advanced with the approval of the County Manager. 1 An employee shall forward a request to advance sick leave to their Department Director. 2 The Department Director shall forward the sick leave request to Human Resources with a memorandum indicating the impact of the request on County operations. Issue Date: January 29, 2011 Page 6 Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 3. Human Resources shall forward the request to the County Manager with a recommendation and the impact statement from the Department. 4. The County Manager shall make a decision of the request for adyancin~ sick leave v~~ithin five business days of receipt. ~. If leave is approved, the Human Resources Department will prepare an "Authorization to Withhold Wages" to be si ned by the employee authorizing the County to deduct wages from the employee's final paycheck if the employee is separated from employment with the County prior to reimbursing County for leave advanced. E. Effect of Separation on Sic): Leave. 1 Separation At separation the einployee receives no pay for accumulated unused Sick Leave. 2. Advanced Leave. In the event that a separated einployee has been advanced or taken more sick leave than earned., the employee (or estate of the employee) shall reimburse the County for all sick leave taken from the employee's final paycheck This Policy will be effective: January 29, 2011 Frank W. Clifton, County Manager Date Issue Date: January 29, 2011 page 7 ~~~~r~T Orange County Personnel Ordinance Issue Date: January 20, 2011 1 0 ors ~- a o ~ - - ooa Article VI The Position Classification Plan 5.0 Responsibilities 5.1 Board of County Commissioners Amended 01/20/2011 09/02/2010 5.1.1 A permanent position may be established or eliminated by the Board of County Commissioners. 5.1.2 A permanent increase or reduction in hours of an established permanent part time position requires approval of the Board of County Commissioners. 5.1.3 Adopts the Position Classification Plan annually. ~: l :~~ P~ 5.2 Coun , ~ Manager The County Manager is responsible for the administration and maintenance of the position classification plan, including: 5.2.1 Revising the Classification Plan, as appropriate, during the fiscal year within the funds allocated in the budget which shall include but is not limited to: 5.2.1.1 Allocating or reallocating an established position to a new or established class within the Classification Plan as a result in a change in assigned duties or responsibilities; and 5.2.1.2 Changing the title of n~g-an existing class to a new or established class within the Classification Plan. 5.2.2 For any revision to the Classification Plan, assigning the position to the appropriate salary grade within the salary scheduled approved by the Board of County Commissioners. 5.2.3 Reporting revisions of the plan to the Board of County Commissioners within thirty (30) days of the action taken and providing the Board with an annual summary report. Article VI -Page 1 Orange County Personnel Ordinance Issue Date: January 20, 2011 ~ 1 5.2.4 Approving temporarily an increase in the hours of a permanent part-time position to meet immediate operating needs. Article VI -Page 2 ~ ~~ of $9,688,609 to be closed, if approved by the Board. Revenues exceed expenditures by $6,300 and these funds will be closed to County Capital Projects Fund Balance. The County also funds County Capital Projects that have a scope of ten or more years and have had significant activity over the past ten years. The funding sources for these projects involve multiple funding sources, including Bond Issues and Pay-as-you-go funding. These projects will be part of future Capital Investment Plans and the projects will remain active. Closing prior years' activities will improve accountability, transparency, and understanding of available balances. Attached is a schedule of six projects with the total project budgets of $16,490,118 to be closed, if approved by the Board. Michael Talbert said that it is not the accounting system's function to keep up with the project history from inception until 15-20 years later. It is only to keep up with the current budgets and the ability to go forward with that. The staff will track and keep up with historical information. Commissioner Gordon asked for changes in some of the titles of the schedules to make them more understandable and Michael Talbert said he would do that. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to approve the closing of seven completed County Capital Projects and close prior years' activities in six active County Capital Projects. VOTE: UNANIMOUS Consideration of Item 4-f: f. Amendment to the Oranqe Countv Personnel Ordinance, Article IV, Section 6.0, Sick Leave and Correction of Previous Amendment to Article VI Sections 5.1 and 5.2 of The Position Classification Plan The Board considered an amendment to the Orange County Personnel Ordinance, Article IV, Section 6.0, Sick Leave, to align Sick Leave accrual and usage with Annual Leave and to correct the September 2, 2010 amendment to Article VI, Theo Position Classification Plan, Sections 5.1 and 5.2. Since Commissioner Foushee had arrived, Chair Pelissier asked that the Board consider this item in order to get a unanimous vote. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to approve the amendment to the Orange County Personnel Ordinance, Article IV, Section 6.0, Sick Leave and corrected the September 2, 2010 amendment to Article VI, Sections 5.1 and 5.2 of the Position Classification Plan. VOTE: UNANIMOUS 8. Reports a. Proaress Report on Telecommunication Issues within Oranae Countv and Review of Reauest to Place Telecommunication Plan Tower Site Map on Februarv 28, 2011 Quarterlv Public Hearinq The Board received an update on staff activities concerning the County's communication(s) needs and reviewed a request to place the Telecommunications Plan Tower Site Map on the February 28, 2011 Quarterly Public Hearing agenda.