HomeMy WebLinkAboutAgenda - 09-11-2014 - 3ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 11, 2014
Action Agenda
Item No. 3
SUBJECT: Analysis of Non - Permanent Employees (Temporary Employees)
DEPARTMENT: Human Resources PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
A — Relevant County Ordinance
B — 2013/2014 Analysis of Temporary
Employees Including Average Wage,
Total Hours Worked, Number of
Temporary Employees and Average
Hours
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INFORMATION CONTACT:
Brenda Bartholomew, Human Resources
Director, (919) 245 -2552
PURPOSE: To receive information regarding how Orange County is currently employing non-
permanent temporary employees.
BACKGROUND: The Board of County Commissioners requested follow up information
regarding temporary employees at the June 10, 2014 budget work session. Board members
expressed a desire that Orange County appropriately employ temporary employees and not hire
temporary employees to avoid paying health insurance or other benefits.
CURRENT SITUATION: Within this abstract, the following has been outlined:
Section 1 — Definition of a non - permanent temporary employee
Section 2 — Rights of non - permanent temporary employee
Section 3 — General overview of work assignments of non - permanent temporary employees
Section 4 — Overall summary of temporary employment
Section 1: Definition of a Temporary Employee
Subject to the provisions of the County Code of Ordinances Section 28 -15 (b) a new temporary
appointment may be made for up to six months and may be extended for six additional months,
not to exceed a total of one year, except as provided in Subsection 28- 15(b)(3).
Subsection 28 -15(b) (3) states that the County Manager may approve the extension of a
temporary appointment beyond one year:
• When the employee regularly works 15 hours or less each workweek (as averaged on a
monthly basis). In urgent circumstances where additional hours are necessary to
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continue critical services, the County Manager may approve additional hours in writing.
For this purpose, critical services include such services as public safety and top priority
goals of the County.
• When the employee is working under an established academic internship program or
work study program.
ATTACHMENT A provides the referenced Ordinance and the Non - Temporary categories.
Section 2: Rights of Temporary Employees
Under Section 28 -36 of the Code of Ordinances, it is the policy of Orange County to provide
permanent employees both full -time and part -time (regularly scheduled at least 20 hours each
workweek) with group health insurance. Temporary employees are considered non - permanent
and are not eligible for health insurance.
Section 3: Current Work Assignments of Temporary Employees
There are varying uses of temporary employees, summarized as follows:
• Employees work a regular work schedule for periods longer than six months to a year
• Employees work within the duration of a grant time period
• Employees work a defined time period, considered seasonal, may return year after year
• Employees work on as needed basis or per diem (called when needed)
• Employees are filling a position vacated because an employee is on leave
• Employees are filling a need during the time period to process the filling of vacancies
• Employees in the Workforce Investment Act (WIA) (DSS youth employment grant)
• Employees in the Work First Program, which services parents of children with little or no
income
Section 4: Findings of the Analysis
ATTACHMENT B provides an overview by department. The following table represents an
overview of Hours Worked by Current Temporary Employees.
Average Wage
Total Hours Worked
# of Temp Employees
Average # of Hours
Worked
401 or approximately
$13.83
121,139
300
15 hours per pay
period
There are 22 employees of the 300 temporary employees that worked more than 1,040 hours in
FY 2013 - 2014, which represents 7.33% of the temporary population. Five of these temporary
employees are County retirees from the BOCC (1), Health (1), Solid Waste (1), and the Sheriff's
Office (2).
FINANCIAL IMPACT: Under the Affordable Care Act (ACA), employers with 50 or more full -
time employees (including full -time equivalents) must offer all employees working an average of
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30 hours per week or more in a month a health insurance coverage or pay penalties, effective
January 1, 2015.
The ACA measures full time status month by month. A seasonal employee who works an
average of 30 hours per week during any month must be offered health care coverage for the
month worked unless the employer takes certain actions.
Employers subject to the employer mandate may adopt a "measurement period" longer than a
month to measure the full time status of employees. This provides an average of hours worked
recognizing seasonal and temporary employees.
Additionally, the North Carolina Local Governmental Employees' Retirement System defines an
"employee" as any person who is regularly employed in a regular position, the duties of which
require not less than 1,000 hours or more in a twelve -month period. Such employees are
subject to membership in the retirement system and would be required to contribute 6% of all
earnings to the Retirement System, and the County would contribute the required employer
amount (currently 7.41 %).
RECOMMENDATION(S): The Manager recommends that the Board discuss and provide
feedback to staff.
The Board may want to consider implementing a policy that determines the full time status of
any non - permanent (temporary) employee over a 12 -month measurement period as suggested
under the Affordable Care Act.
ARTICLE II. RECRUITMENT AND EMPLOYMENT
Sec. 28 -15. Appointments.
Types of Appointments
(a)
(b)
ATTACHMENT A
Probationary Appointment. A probationary appointment is the initial
appointment of an employee made to a permanent position or the re-
employment of probationary status of a former permanent employee
otherwise eligible for reinstatement. This also applies to part -time permanent
positions with an established 20 hour work week.
Temporary Appointments.
(1)
(2)
General. Subject to the provisions in this Ordinance, a new temporary
appointment may be made for up to six months and may be extended
for six additional months, not to exceed a total of one year, except as
provided in Subsection 28- 15(b)(3).
Approval.
a.
The department head may make a temporary appointment or
extend a temporary appointment for the following without prior
approval:
1.
2.
3.
b.
To provide coverage for a vacant permanent position
or for the absence of a permanent employee.
To work one month or less with no extension.
Precinct officials.
The advance approval of the Personnel Director is required
for any other temporary appointment or extension. The
Personnel Director's approval is for the purpose of assuring
that temporary appointments are used to meet temporary
work needs. The Personnel Director refers any request
M
(c)
(3)
involving an on -going work need to the County Manager for
the Manager's review.
The County Manager may approve the extension of a temporary
appointment beyond one year:
a.
:a
When the employee regularly works 15 hours or less each
workweek (as averaged on a monthly basis). In urgent
circumstances where additional hours are necessary to
continue critical services, the County Manager may approve
additional hours in writing. For this purpose, critical services
include such services as public safety and top priority goals of
the County.
When the employee is working under an established
academic internship program or work study program.
Trainee Appointment.
(1)
(2)
(3)
(4)
A trainee appointment may be made to a permanent position in any
class for which the specification includes special provisions for a
trainee progression leading to regular appointment.
An employee may not remain on a trainee appointment beyond the
time when the minimum qualification requirements for the class are
met. After the employee has successfully completed all minimum
qualification requirements, the employee will be granted permanent
status or probationary status if the employee has not yet satisfied the
probationary period requirement.
If the period of trainee appointment equals or exceeds the maximum
probationary period, permanent status is given immediately upon
completion of the minimum qualification requirements for the class. If
the employee fails to satisfactorily meet the minimum qualification
requirements for the class during the established trainee appointment
period, the employee is terminated.
If an employee with permanent status in a position in one class
accepts a trainee appointment to a position in another class, the
employee waives permanent status for the duration of the trainee
(d)
(e)
appointment. The employee may regain permanent status either
through successful completion of the trainee appointment or transfer
to a position in another class for which he or she meets the minimum
qualification requirements.
Permanent Appointment. Permanent appointments follow the satisfactory
completion of a probationary and /or trainee appointment, or may be made
upon reinstatement of an eligible employee, when the incumbent is expected
to be retained in the position on a permanent basis.
Appointment of Incumbents in Newly- Covered Programs /Agencies.
(1)
(2)
Upon extension of competitive service to a program, position or group
of positions, incumbent(s) may be appointed with permanent status in
the classification under the following conditions:
a.
C.
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The employee is eligible for reinstatement on the basis of
previous permanent status in competitive service in a
comparable position, or
The employee has at least three months of satisfactory
service in the program /agency as certified by the County
Manager, and the County Manager recommends that the
employee be granted permanent status.
If the agency fails to grant permanent status within nine
months from the initial appointment then the incumbent must
be terminated. Incumbents cannot be required to work more
than nine months with no status.
Incumbents who have less than three months of service
within the agency shall be continued with no status until
granted permanent status or terminated as outlined above.
Employees with more than three months but less than nine
months service to the agency may be continued with no
status until nine months have elapsed. At the end of nine
months, however, the incumbent must be granted permanent
status or be terminated.
Employees transferred to the County in this category will:
(f)
a.
R1
C.
e.
f
Transfer original date of employment with the agency and be
eligible for longevity on the basis of full -time aggregate
service;
Transfer vacation and sick leave balance and be eligible to
accumulate leave based on full -time aggregate service;
Be eligible to join the County's group health insurance plan;
Be eligible to transfer orjoin the County's Local Government
Employee's Retirement Plan;
Be eligible for all benefits extended to County employees;
Come under the provisions of this Ordinance.
Acting Appointment and Position Coverage.
(1)
(2 )
(3)
When a department or division head position becomes vacant or the
department head or division head is absent on leave for more than
one month, the County Manager (or in the case of the Health Director
or Social Services Director, the Health or Social Services Board)
assesses the position coverage needs and may make an acting
appointment or other position coverage assignments to provide for
coverage of essential duties.
In making an acting appointment, the County Manager (or in the case
of the Health Director or Social Services Director, the appropriate
Board) may designate internal staff, or hire an external candidate to
provide the acting coverage. The Acting Department or Division Head
may be asked to serve up to six months. This may be extended up to
six additional months with the County Manager's (or Health or Social
Services Board, as appropriate) approval.
In lieu of or in addition to making an acting appointment, the County
Manager (or in the case of the Health or Social Services Director, the
appropriate Board) also may choose to distribute duties and coverage
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(g)
(4 )
(5)
assignments among internal staff and /or hire external staff or
contractors to enable services to continue.
If a current permanent employee is designated as acting for a
position at a higher salary grade than his or her current position, the
salary paid to the employee selected to serve shall be adjusted to the
hiring rate of the new range assigned, or to a salary within the range
that provides a minimum of five percent increase in pay.
If a department head or division head continues on leave beyond six
months, the County Manager or designee (or in the case of the
Health or Social Services Director, the appropriate Board) initiates
discussions with the department head or division head on leave as to
long term outlook for return to work and seeks to develop a more
definitive long term coverage plan based on this information.
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:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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; or
To protect the public health, safety, or security
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.
(Ord. of 06 -07 -1976, eff. 08 -01 -1976, Amend. of 10 -18 -1994, Art. /// § 6.0, eff. 12 -01 -1994, Amend. of 03-
21 -1995, eff. 04 -01 -1995, Amend. of 01 -18 -2001, eff. 01 -18 -2001, Amend. of 06 -23 -2003, eff. 07 -01 -2003,
Amend. of 09 -02 -2010, eff. 09 -02 -2010)
Further, the temporary position is designated with an object code and is defined as
follows..
• Temporary (object code: 511000) — employed for a special project/task or other
work of a temporary nature, performs temporary duties or fills permanent position
vacancy on a temporary basis; can be part time of full time, paid by hours worked
• Time - limited temporary (object code: 511001) — employed for a special
project/task for a pre- determined time beyond 12 months; employment
contingent upon continuation of project/task, including funding, beyond 12 month
period; paid by hours worked.
• Seasonal (object code: 511002) — employed for a defined period of time ranging
from two to eight months per year, performs duties interrupted by the seasons;
positions filled from year -to -year on seasonal basis and vacant during off - season;
can be part -time or full -time
• Student Interns (object code: 511003) — employee qualifies as student because
he /she has been accepted in or is currently enrolled in an accredited school,
college, or university; performs duties on a part -time basis in order to gain
practical knowledge in their field if study; usually works less than 20 hours per
week.
department name
ATTACHMENT B
2013 - 2014 Analysis of Temporary Employees
average wage total hours worked
# of temp
10
average hours
AGING
11.88
6,693
20
335
ANIMAL SERVICES
13.81
1,694
4
423
BOARD OF ELECTIONS
16.45
3,653
33
1 1 1
BOCC
12.00
1,326
1
1,326
CHILD SUPPORT
24.00
890
2
445
COOPERATIVE EXTENTION
12.33
409
3
136
COUNTY MANAGER
22.50
283
1
283
DEPR
11.15
20,245
61
332
DSS
14.33
7,017
28
251
ECONOMIC DEVELOPMENT
25.12
160
2
80
EMERGENCY SERVICES
14.77
11,760
35
327
FINANCE SERVICES
14.00
54
2
27
HEALTH
17.66
5,924
13
423
HOUSING, HUMAN RIGHTS AND
23.00
697
1
697
COMMUNITY DEVELOPMENT
HUMAN RESOURCES
14.00
862
1
862
LIBRARY
11.09
12,489
25
500
OPT
15.96
7,031
6
1,172
PLANNING AND INSPECTIONS
12.00
96
1
96
PUBLIC AFFAIRS
12.00
243
1
243
SHERIFF
16.39
28,089
31
906
SOLID WASTE
13.04
10,307
26
396
TAX ADMINISTRATION
22.50
822
2
411
VISITOR'S BUREAU
12.50
395
1
395
TOTAL 13.83
121,139
300
401
*based on actual average of employees, not average of this summary 22
7.330