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HomeMy WebLinkAboutNS ORD-1997-030 Personnel Ordinance Revision - Limitation on Employment of Relatives 1 Orange County Board of Commissioners C7,6k Action Agenda Item Abstract Meeting Date: September 2, 1997 Action Agenda Item No. Subject: Personnel Ordinance Revision - Limitation on Employment of Relatives Department: Personnel Public Hearing: Yes No X Budget Amendment Needed: Yes No X Attachment(s): Information Contact: 1- Draft Revision to Article 11, Section 4.0, Elaine Holmes, Personnel Director Limitation on Employment of Relatives Extension 2550, 2- Current Article II, Section 4.0 Telephone Number: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 Purpose: To consider amending the Orange County Personnel Ordinance to update and clarify the limitations on the employment of relatives. Background: The current Personnel Ordinance limits the employment of relatives. The draft revision continues those same limits on the employment of relatives. It has been revised to say more clearly what those limits are and how they are applied. Attachment 1 is the draft revision and Attachment 2 is the current Ordinance section. Specifically, the draft revision: • Defines clearly the relatives and relationships covered. Currently the Ordinance does not specifically cover sister/brother, aunt/uncle or niece/nephew although such employment has not been permitted. Also a general provision has been added to cover any relationship which has that degree of closeness that a problem might be created in the work unit. 2 • Sets out clearly that the limitations on employment of relatives cover both temporary and permanent positions. Questions continue to arise as to whether temporary employment is covered even though this is stated in the current Ordinance. The section has been revised to make the each of the key policy provisions more clear and visible. • Specifies clearly the conditions and process under which employment of a relative within the same department may be approved. With the revision, such employment would require the advance written approval of the Personnel Director. The proposed revision has no impact on current Orange County employees. Personnel has reviewed the draft Ordinance revision with department heads and it incorporates their feedback. Recommendation: The Manager recommends the Board of Commissioners adopt the Attachment 1 Personnel Ordinance revision effective September 1, 1997. Melrelabs.doc August 14, 1997 3 Attachment 1 -Draft Revision- Orange County Personnel Ordinance, Article II, Section 4.0 4.0 Limitation On Employment O,fRelatives 4.1 General Orange County prohibits the employment of relatives in the same department at the same time except as provided in Item 4.4 below. Without regard to employing department, in no case may a relative supervise a relative or occupy a position which has influence over the other relative's employment, promotion, salary administration or other related management and personnel considerations. 4.2 Relative Defined For this purpose, relative refers to that degree of closeness of relationship which suggests that a problem might be created within the working unit. This includes: Wife/Husband Mother/Father Daughter/Son Sister/Brother Aunt/Uncle Niece/Nephew Grandmother/Grandfather Granddaughter/Grandson Also included are the step, foster or in-law relationships and members of the same household regardless of familial relationship of the household members. 4.3 Positions Covered This policy applies to all positions and appointments (including promotions, demotions, transfers and reinstatements), whether permanent or temporary. 4.4 Employment of Relatives in the same Department A relative may be considered for employment in the same department if: • Active recruitment has occurred and there are fewer than three other available qualified applicants for an opening or if two current employees marry and 4 • The employees report to and work in separate divisions or major program areas of the department and • Such employment will not involve a relative supervising a relative or a relative occupying a position which has influence over the other relative's employment, promotion, salary administration and other related management or personnel considerations and • The department head has received advance written approval for such appointment from the Personnel Director. 4.5 Policy Violations Each employee is encouraged to notify the supervisor or Personnel Director when any situation arises which may result in a violation of the County's limitation on the employment of relatives. The County considers a policy violation as unacceptable personal conduct. If a policy violation occurs, the employees' involved decide which employee will transfer to another department (up to two months may be provided for this purpose)or terminate from Orange County employment. If transfer to another department is sought as an alternative, the Personnel Department provides assistance in this process. 4.6 Provisions Not Retroactive This policy is not retroactive and no action is taken concerning those relatives employed at the time of adoption of this policy. f:\pers\re1.doe August 14, 1997 5 Attachment 2 Current Orange County Personnel Ordinance, Article II, Section 4.0 4.0 Limitation Of Employment Of Relatives Amended The employment by Orange County of members of the same immediate 10MM family within the same department at the same time is prohibited. This prohibition applies to members of the same household regardless of familial relationship of the household members. A violation of this prohibition shall be deemed unacceptable personal conduct. Employees are encouraged to advise their supervisors and Personnel when such a situation occurs. Once the employees' involved decide which will seek a transfer, the Personnel Department will provide assistance in accomplishing this. A transfer provides a solution to the personal conduct problem. This policy applies to promotion, demotion, transfers, reinstatement and new appointments; permanent or temporary. 4.1 If there are fewer than three other available applicants for a vacancy, and it is necessary for relatives to be considered for employment, or if two individuals are already employed and married,the following will apply: Two members of an immediate family shall not be employed within the same program area or major office agency if such employment will involve one supervising a member of one's immediate family, or where one member occupies a position which has influence of the other's employment, promotion, salary administration and other related management personnel considerations. 4.2 Provisions Not Retroactive This policy will not be retroactive, and no action is to be taken concerning those members of the same family employed at the time of adoption of this policy. f\e\relpres.doc August 14, 1997 adDb- VOTE: AYES, 4; NOS, 1 (Commissioner Crowther) A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve those items on the Consent Agenda as stated below: A. APPOINTMENTS Commission for Women Kristen Dunivant, Sally Feather Hendrickson and Louinga L. Groves were appointed for a term ending June 30, 2000. B. MINUTES The County Commissioners approved the minutes for March 13, April 16, May 15, 21, and 29, 1997. C. PERSONNEL ORDINANCE REVISION - LIMITATION ON THE EMPLOYMENT OF RELATIVES The County Commissioners approved an amendment to the Orange County Personnel Ordinance to update and clarify the limitations on the employment of relatives. This amendment is an attachment to these minutes on page D. N.C. DARE ASSOCIATION GRANT AWARD The County Commissioners approved a grant from Orange County Schools for the N.C. Dare Association totaling $7,000 for personnel cost associated with the D.A.R.E. programs. E. 1997-98 SMALL BUSINESS AND TECHNOLOGY DEVELOPMENT CENTER CONTRACT This item was moved to the end of the Consent Agenda for separate consideration. F. RESOLUTION FOR DESIGNATED OFFICIAL FOR ABC PERMITS The Board approved the resolution stated below which designates Sheriff L. Pendergrass as the person who receives ABC permit applications for review and consideration of approval. RESOLUTION ORANGE COUNTY, NORTH CAROLINA DESIGNATION OF AN OFFICIAL TO MAKE RECOMMENDATIONS TO THE NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION ON ABC PERMIT APPLICATIONS WHEREAS, G.S. 1813-904 (f) authorizes a governing body to designate an official, by name or by position, to make recommendations concerning the suitability of persons or locations for ABC permits; and WHEREAS, the County of Orange wishes to notify the North Carolina ABC Commission of its designation as required by G.S. 186-904 (f); BE IT THEREFORE RESOLVED that Sheriff L. Pendergrass is hereby designated to notify the North Carolina Alcoholic Beverage Control Commission of the recommendations of the County of Orange, regarding the suitability of persons and locations for ABC permits within its jurisdiction.