HomeMy WebLinkAboutAgenda - 11-08-2012 - 7e 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 8, 2012
Action Agenda
Item No. 7-e
SUBJECT: Amendment to the Orange County Code of Ordinances Regarding Personnel
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendment to Article VIII,
Chapter 28 John Roberts, 245-2318
Resolution of Approval
PURPOSE: To review and approve a proposed amendment to Chapter 28 of the Orange
County Code of Ordinances by approving the attached resolution.
BACKGROUND: At the October 25, 2012 work session the Board of Commissioners
discussed the provisions of several advisory board policies governing the advisory boards that
advise the Board of Commissioners. One such board discussed was the Personnel Hearing
Board. Part of the discussion focused on the fact that this board is not an advisory board as its
title is generally understood. The Personnel Hearing Board is a board established by ordinance
and statute to hear appeals of grievances involving demotions, suspensions, and dismissals by
certain County employees. The Personnel Hearing Board's last meeting occurred in 2008. Due
to the infrequency with which the board meets, and the fact that it is not technically an advisory
board, the County Attorney suggested the Board of Commissioners amend the Code of
Ordinances to designate certain County officials who do not report to the County Manager as
potential members of the Personnel Hearing Board. By consensus the Attorney was instructed
to develop a proposed amendment and bring it back to the Board of Commissioners for
consideration.
The attached amendment names the Directors of the Elections, Social Services, and Health
Departments together with the Register of Deeds and Sheriff as potential members of this
board, of which three must serve when needed for grievance appeal hearings.
FINANCIAL IMPACT: There is no financial impact associated with considering this
amendment.
RECOMMENDATION(S): The Manager recommends the Board of Commissioners review and
approve the recommended amendment by approving the attached resolution.
2
ORD-2012-049
ARTICLE VIII.-THE APPEALS PROCESS AND THE GRIEVANCE PROCEDURE I.7
Sec.28-85.-Purpose.
Sec.28-86.-Policy.
Sec.28-87.-Procedure.
Sec.28-88.-Personnel hearing board.
Sec. 28-85. - Purpose
(a)
It is the purpose of the Appeals Process to:
(1)
Facilitate the airing and resolving of employee grievances fairly and swiftly.
(2)
Promote a better understanding of policies, practices,and procedures
affecting employees.
(3)
Improve employee/supervisor communication and relations.
(b)
Nothing contained herein should be construed so as to restrict open discussion
among employees and their supervisors regarding matters of County employment.
Instead,this procedure serves as an extension and formalization of that process as
needed for the resolution of grievances.
(Ord.of 06-074975,off 06..01..1976)
Sec. 28-86. - Policy., "
(a)
It is the policy of Orange County to attempt with all due speed to resolve grievances
on an individual employee basis.
(b)
It is the policy of Orange County that any employee may pursue resolution of a
problem or grievance without fear of reprisal in accordance with this procedure.
(c)
3
Grievance involving alleged discriminatory actions may be handled in accordance
with this procedure or as specified in the Equal Employment Opportunity and
Affirmative Action policies.
(Ord.of 06-07-1976,ell 06..01..1976)
Sec. 28-87. - Procedu re.
,;; ;;"
(a)
Step 1.The employee will first present grievance verbally or in writing,to the
immediate supervisor within 15 working days after the cause for the grievance
occurred or became known to the employee.The employee's immediate supervisor
will then respond in writing to the employee within two complete working days after
the receipt of the grievance.The employee will sign a copy of the determination to
acknowledge receipt and the date of the response.The supervisor should,and is
encouraged to, consult with any County employee or officer deemed necessary to
reach a correct,impartial, and equitable determination concerning the grievance. If
the employee is presenting a grievance concerning demotion,suspension or
dismissal,the employee will present the grievance directly to the Manager. If the
employee is presenting a grievance concerning sexual harassment,the employee
will present the grievance directly to the Personnel Department. See Article II Section
28-12 for procedure.
(b)
Step 2. If the grievance is not settled in Step 1,the employee may appeal by
contacting the department head within five complete working days after receipt of the
determination referred to in Step 1.Within two complete working days,the
department head will advise the employee in writing of the determination.A copy will
be sent by the department head to the Manager,signed and dated by the employee
to acknowledge receipt of the response.
(c)
Step 3. If the grievance is not settled in Step 2,the employee will appeal by giving
written notice to the Manager within five complete working days after receipt of the
department head's determination.Within two complete working days,the Manager
will advise the employee in writing of the determination.The employee will sign and
date a copy of the Manager's response to acknowledge receipt thereof, or the
Manager will make a notation in the employee's personnel file that the employee has
been informed of the Manager's response.
The Manager's decision will be final and there will be no action therefrom,except that
an employee may appeal to the Personnel Hearing Board any decision involving
demotion, suspension,or dismissal.
(d)
4
An employee who is demoted, suspended, or dismissed by the manager may appeal
the decision to the Personnel Hearing Board within ten complete working days after
receipt of the Manager's decision.The Manager will forward all papers and
information used in making a decision to the Personnel Hearing Board within five
complete working days after receipt of the appeal to the Board.The Personnel
Hearing Board will conduct a hearing within ten complete working days of receipt of
papers and information from the Manager. It will notify the employee in writing of its
findings and recommendations within five complete working days after the hearing.
The Personnel Hearing Board may find(1)that the grievance is without merit or(2)
that the grievance has merit and that certain administrative actions should be
undertaken.
The Board's written statement must contain the reasons for its decisions and a
statement of the evidence upon which it relied.The employee will sign and date a
copy of the Personnel board's decision to acknowledge receipt thereof; or, if the
employee's signature cannot be secured the secretary to the Personnel Board will
make a notation in the employee's personnel folder that the employee has been
informed of the Personnel board's decision.
In the hearing the employee has the right to examine all of the evidence reported by
the Manager and to cross-examine adverse witnesses ,,INeiitheir_Th _e implloye e nor tk . Deleted:The employee has the right to
be represented by counsel
((aye rnLy_n n llll_ks _irn._r irn_nn rn SiL a ay I II �k� l. Irurnc
(e)
The decision of the Personnel Board will be forwarded to the Manager,who will
make the final decision based solely on the record of the hearing before the
Personnel Board.This determination must be written and contain the reasons for the
decision and the evidence upon which he relied.There will be no appeal from this
determination.
(f)
No less than 21 calendar days before the hearing,the County Clerk will notify both
parties of the hearing, giving the date,time, location and a statement of the issue to
be resolved at the hearing by means of certified mail.
(g)
No determination of a grievance will in any way conflict with any of the County
policies, resolutions, or ordinances, or with any State and Federal statutes applicable
thereto.
(h)
Full back pay and related benefits will be awarded to employees fully reinstated in all
grievance cases in which the employee was appealing suspension,demotion, or
involuntary separation.
(Ord.of 06-07.1976,e'P'T 08..01..1976,Amend.of 06...04..2002,Art. VIII§a 0,e'P''P: 04..04..2002)
5
Sec. 28-88. - Personnel hearing board.e
The Commissioners, as authorized by N.C. Gen. Stat. § 153A-95 will appoint a
Personnel Hearing Board to conduct hearings on employee grievances involving demotions,
suspensions, and dismissalssnly.The Personnel Hearing Board will make determinations
on employee grievances iinvoDviirng_d n.irnotiiornv, uu i3E nn ivory J.2actsilizam.ALand forward its
recommendations to the Manager,who will make final determinations. Personnel Hearing
Board determinations on employee grievances iir,nva llviirnc_ni Ifrnaiia rn vnun nl rn§iia1rn nnrnn1„
i ilaIfrniianillii in the Sheriffs Department and Register of Deeds'Office will be forwarded to the
Sheriff and Register of Deeds, respectively,with a copy sent to the County Manager.The
Sheriff and Register of Deeds will make final determinations in their respective departments.
(a)
U on rE.n,,;E;,jIIVII tlln_E,_asf a rn riiP.ta_Eif_rn ar..11E V tiro d;,__'fllr4�ITL.t�d;, II` EY d,Ir" Moved down consist Personnel
� p --Y�tiC'-Y�nY'i� -------- -� � - --------- ----,;„i���„�„y;„ � Board will consist of three members.
.1.1 on the II-Iluulrrnan II esources Il tiilrErc,tolr st3 x1111 2 lrr ksll the =” Ir a)rnnell IBBoplyd
by_n ont.ctlilips1%esilCirn ftdd d r1lior°r fno Y a nty_oIln II lls and arlr ngliling for a Deleted:establishing the Personnel
n___ E' f 3 3E'.till m Board,two members will be appointed
t i,lrE E IfrnE.Ifr ll Ir 11 E.Ir"4)initiE.__2'.2 lyd)tE3 t3E iE�l�_,, i) fora one(1)year term,with one
(b) member appointed for a two(2)year
term.Thereafter,each member will
The IF'e;rsonnd Board wi1111 consist of three; members. Each member of the serve a term of two(2)years and may
be reappointed by the Commissioners.
E',Ik n U d`f flrorrrn fl0.21,1,a inll4)Ir_UIr fngE'. ( oun offlln.Ili 11, A member of the Personnel Board may
Personnel Board will e,�,_,_ _________ _________ � _____�
:02_02 OY)t IrE 911 ,(4)_liE,_,_u7gfngiC E,,If,,_ tin__tli,ly E IfiiE'„If D. If Imig ip _ E',,,IE'.n(E dt frprrli be removed before the end of term by
f - the Commissioners;however,the
and among the Ill n t1lioin DlllrE n toIr, Department ofSon IIa1SE',,IrvllcE,, l illlren toIr, member must be given a written
statement of the reasons for removal
Il nun('BIIIIa,_I_IIE'. i11Lb_II.iIIrE'.i'fo I E'.Ci Ir_ol tE E.d`f1, or Uialit( o urntv_ayhi'._Irllff _11rn thi'._ and the opportunity to respond in a
QMM i E anf nn c u tf Ir OD f,,,n dfs id_` aylin_Irll_ff; ulna null n'.IItb.pr a f lrg v_°a g ffl1 Ilan
public reateg.Avabency in an
_:t _ _ _ _,_ _ __ unexpired term will be filled by the
h'.ke unnavalilahOe,they designate theIlir se nnlloIr d E',,j3uty_to serve lilin,the Illf i3 iia.EM, Commissioners by appointment for the
remainder of the term.
Jlnq_tt3E i„vi._g bil.?..2. l ria_iii rri_i.rTii31 Y. i._va1tt31iri 1lrn„'Jd_nn«rirtirre rn _aaf_rrnv anf Minn Moved(insertion)[1]
p.sjsinng.tpcdf sE_niiiain apffinil n vthat ve,,,Rliprgnffia.,ii r yr null_,_rna ,nniutlnanlruz,..e tovton„,
Deleted:a resident of Orange County,
the 1lDersonnell Board.. and no County employee or officer will
be eligible to serve on the Personnel
(c) Board.At least one member of the
Personnel Board will have had
oIfrnmiena,;llnab E.,nn)313Eai nE'„gnlfllnfq:i,( e Personnel Board VUIIILei E n,t_di experience in public or private sector
nchallir,who will be responsible for calling Witnesses and presiding at,l ti„
management or personnel
administration.Members of the
f',E 1.11.. ,,An1111_thlri'._E„_IfrnE„Irft'3ers Imu t_be present i31f11or_to a.cY)Ifrilm rin_E'._Imie'._nt of the Personnel Board will serve without
compensation except that they will be
ii3i3E_a ill_nE,,gElfllnnCi_,_A n_Ifn E,,lfnntBE_If_Ifi n di E ionn JUll iiE,, E reimbursed for expenses incurred on
(d) Personnel Board business
__________`t__ _ __i Deleted:T
,mlf�liE._( a�airnt,�i_A�tta�irrnE.v_a�ir ay��rff.Atta�lrrnE. ��3inllll ikE nlrE vE ri�_�n��lrn_l�rn nnlriiricn,(an
i_d`VII E ttnE',,,_ nE Ir Y)nnrnE gianlydf Y ri_f31fa)n E_ 31rE'.
bai t�t3i3 1 not En tIily I n iiE'. n(IIQ)ni Deleted:at its first meeting following
i n f the beginning of a new term will elect of
is members as chair
Vn°,IltrnE_"g�E _Y)Ir_31rE"gE'.rn�_E VlldfE rnn E,,,,
Deleted:all meetings
.(in) r ,
Deleted:However,the Chair of the
The Clerk to the Board of Commissioners will serve ex officio as secretary to Board of Commissioners will call the first
the Personnel Board and will be responsible for maintaining records of meeting following its appointment for
purposes of organization.All members
Personnel Board proceedings,determinations, and recommendations. of the Personnel Board must be present
at meetings to constitute a quorum.
6
(Ord.of 06-074976,e•f.06-01-1976,Amend..of 06-04-2002,Art. VIII§4..0,e•f. 04-04-2002)
7
RES-2012-097
RESOLUTION OF AMENDMENT
A RESOLUTION AMENDING CHAPTER 28, ARTICLE VIII OF THE
ORANGE COUNTY CODE OF ORDINANCES
Be it Resolved by the Board of Commissioners of Orange County, North Carolina:
WHEREAS, Orange County, through ordinance, has provided for employee appeals to the
Personnel Hearing Board of Step 3 decisions by the County Manager regarding demotion,
suspension, or dismissal of employees; and
WHEREAS,the Personnel Hearing Board last met in 2008 and this infrequency of meetings creates a
difficult situation for members and staff; and
WHEREAS,the integrity of the appeal hearing process may be maintained by having available to
serve as members senior Orange County Officials who do not report to the County Manager; and
WHEREAS, the Orange County Board of Commissioners, believing it to be in the best interest of
employees and to maintain the integrity of the appeal process,wishes to amend Chapter 8,Article
VIII of the Code of Ordinances as is reflected in the attachment hereto, Exhibit 1.
NOW THEREFORE,the Orange County Board of Commissioners hereby amends Chapter 8,Article
VIII, Sections 28-87 and 28-88 of the Orange County Code of Ordinances to provide for the
procedures of Step 3 appeals and to provide for the membership of the Personnel Hearing Board.
This Amendment shall become effective upon adoption.
Adopted by the Orange County Board of Commissioners this day of , 2012.
By: Attest:
Bernadette Pelissier, Chair Donna Baker, Clerk to the Board
Orange County Board of Commissioners
[SEAL]