HomeMy WebLinkAboutRES-2014-055 Resolution of Amendments to the Orange County Code of Ordinances Regarding Personnel RES-2014-055
ORD-2014-032
RESOLUTION OF AMENDMENT
A RESOLUTION AMENDING CHAPTER 28,PERSONNEL,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 Orange County Board of Commissioners,believing it to be in the best interest of
employees and to maintain the integrity of the appeal process amends Chapter 28, 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 28,
Article VIII,Sections 28-87 and 28-88 of the Orange County Code of Ordinances to provide for the
procedures of Step 3 appeals.
This Amendment shall become effective upon adoption.
Adopted by the Orange County Board of Commissioners this 4th day of September, 2014.
By: Attest:
Barry Ja8n Co it Aonnaaker, Clerk to the Board
Orange ar f Commissioners
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52
17 �'
t 1
Exhibit 1
Sec. 28-87. Procedure...
(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 tws-five 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 nnel Human Resources Department.
See Article ll, 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 headdirector within five complete working days after
receipt of the determination referred to in Step 1. Within twe-five complete working
days, the department headdirector will advise the employee in writing of the
determination. A copy will be sent by the department head irector 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 director's determination.Within twe-five 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)
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-MaRagef-will Within five complete working
days of receipt of the appeal the Manager will cause to be-forwarded all papers and
information used in making a- Manager's decision to the Personnel Hearing Board
Exhibit 1
and to the employee
the Be The Personnel Hearing Board will conduct a hearing within not less than
ten GOFnplete we"nor more than 21 days after of receipt of the papers and
information from the Manager. The Human Resources Director will notify the
employee of the date of the appeal hearing The !urn .R Reseurges D eGtorlt will
notify the employee in writingortne°@E 9990 We Finn a RQ ffrg F itS nd"Rgs and
reGOMmendations within five 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 Human Resources Director will
notify the employee in writing of the Personnel Hearing Board findings and
recommendations within five complete working days after the hearing. The
employee will sign and date a copy of the Personnel Hearing Bboard's decision to
acknowledge receipt thereof; or, if the employee's signature cannot be secured the
seGFetaFy tO the Personnel Human Resources Director will make a notation in
the employee's personnel folder that the employee has been informed of the
Personnel beams--Hearing 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. Neither the employee nor the
County shall be represented by counsel at the hearing. However, the Employee may
be accompanied by an individual of the Employee's choosing to witness the
proceeding. The accompanying individual may not participate in the meet+nghearing.
(e)
The decision of the Personnel Hearing Board will be forwarded to the Manager, who
will make the final decision based solely on the record of the hearing before the
Personnel Hearing 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.
-Ne less than 21 GaleRdar:days before the hearing, the County Clerk will Retify both
parties of the heaFing, giving the date, time, IGGation and a statemeRt of the issue to
be resolved at the heaFing by means Of GeFtified . 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.
(g)
r ,
Exhibit 1
tf et�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.
Oh:eh tile demet;0A, OF
(Ott. of 06-07-1976, eff. 08-01-1976,976. Amen d. of 06-04-2002, Ad, V111§3,0. e''f. 04-04-20021 Amend. cif 71-
08-201:x. eff 11-06-2012)
Sec. 28-88. Personnel hearing board.
The Commissioners, as authorized by G.S. § 153A-95 will appoint a Personnel
Hearing Board to conduct hearings on employee grievances involving demotions,
suspensions, and dismissals only. The Personnel Hearing Board will make determinations
on employee grievances involving demotions, suspensions, and dismissals and forward its
recommendations to the Manager, who will make final determinations. Personnel Hearing
Board determinations on employee grievances involving demotions, suspensions, and
dismissals in the Sheriffs DepartmeRt 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)
Upon receiving notice of an appeal of a grievance from the Manager's
decision the Human Resources Director shall assemble the Personnel
Hearing Board by contacting designated senior Orange County officials and
arranging for a three member Personnel Hearing Board to hear the appeal.
(b)
The Personnel Hearing Board will consist of three members. Each member
of the Personnel Hearing Board will be selected from among senior Orange
County officials who do not report to the Manager. The three members may
be selected from and among the Elections Director, Department of Social
Services Director, Public Health Director, Register of Deeds, or Orange
County Sheriff. In the case of the Register of Deeds and Sheriff, should either
of those two officials be unavailable, they may designate their senior deputy
to serve in their place. In the event the appellant is an employee within the
department of any of the designated senior officials that senior official shall
not be authorized to sit on the Personnel Hearing Board. In the event all five
Exhibit 1
senior officials are available they may choose among themselves which three
shall participate in the hearing.
(c)
Prior to commencing the appeal hearing the Personnel Hearing Board will
elect a chair, who will be responsible for calling witnesses and presiding at
the hearing. _All three members must be present prior to commencement of
the appeal hearing. Any member may question witnesses.
(d)
The County Attorney or Staff Attorney shall be present at the hearing to
advise the Personnel Hearing Board on procedure but shall not actively
question witnesses or present evidence.
(e)
The Human Resources Director will
serve ex officio as secretary to the Personnel Hearing Board and will be
responsible for maintaining records of Personnel Hearing Board proceedings,
determinations, and recommendations.
(Ord, of 06-07-1976, eff, 08-01-1076, Amend of 06-04-2002,Ait Vill&4.0. eff 04-04-20102;Amend, cat '11-
08-2012. <;f°. 11-08-2012)