HomeMy WebLinkAboutAgenda - 09-04-2014 - 6kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2014
Action Agenda
Item No. 6 -k
SUBJECT: Amendments to the Orange County Code of Ordinances Regarding Personnel
DEPARTMENT: County Attorney
ATTACHMENT(S):
Resolution of Approval with Exhibit 1
(Relevant Section of Chapter 28)
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
John Roberts, 245 -2318
PURPOSE: To amend Chapter 28 of the Orange County Code of Ordinances to remove the
Clerk to the Board as secretary of the Personnel Hearing Board, to clarify certain
inconsistencies, and to modify deadlines within the ordinance.
BACKGROUND: On November 8, 2012 the Board of Commissioners amended the portion of
the Code of Ordinances dealing with the Personnel Hearing Board. Due to the infrequency with
which this board meets and the fact that it is not technically an advisory board, the Board of
Commissioners amended the Code of Ordinances to designate certain County officials who do
not report to the County Manager to be potential members of the Personnel Hearing Board.
The Personnel Hearing Board recently convened for a hearing for the first time since 2008.
During the hearing process two inconsistencies were discovered in the ordinance,
inconsistencies that have likely been present since the ordinance was originally drafted.
Clarifying these inconsistencies will provide employees the opportunity to participate in a
hearing not less than 10 nor more than 21 days after the date they file an appeal. For an
employee who has been suspended, demoted, or terminated, this quick time frame within which
to have the appeal heard minimizes one of the down sides of suspension, demotion, or
termination, that being a lengthy time before his or her appeal is heard. The definitive time
frame also allows County staff adequate time to prepare the hearing materials. Staff involved in
the hearing process also realized it was probably inappropriate and certainly cumbersome for
the Clerk to the Board to be involved in the hearing process and to require a two day turnaround
on certain deadlines.
The attached amendments replace the Clerk to the Board with the Human Resources Director
as the secretary to the Personnel Hearing Board and clarify the time within which the hearing
must be conducted.
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FINANCIAL IMPACT: There is no financial impact associated with these amendments.
RECOMMENDATION(S): The Manager recommends the Board adopt and authorize the Chair
to sign the resolution to approve the amendments to Chapter 28 of the Orange County Code of
Ordinances.
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:
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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.
Attest:
Barry Jacobs, Chair Donna Baker, Clerk to the Board
Orange County Board of Commissioners
[SEAL]
Exhibit 1
Sec. 28 -87. Procedure..ar
(a)
(b)
(c)
(d)
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 tw$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 PeFSE)Rnel Human Resources Department.
See Article II, Section 28 -12 for procedure.
Step 2. If the grievance is not settled in Step 1, the employee may appeal by
contacting the department #eaddirector within five complete working days after
receipt of the determination referred to in Step 1. Within two-five complete working
days, the department #eaddirector will advise the employee in writing of the
determination. A copy will be sent by the department 4eaddirector to the Manager,
signed and dated by the employee to acknowledge receipt of the response.
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 headdirector's determination. Within Uvo -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.
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 Mama"" 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 -the Managers decision to the Personnel Hearing Board
Exhibit 1
and to the employee within five nemplete we*iR days afteF FeGeipt of the appeal to
the- Bead. The Personnel Hearing Board will conduct a hearing within not less than
ten GOmplete working 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 Human, Resources D vr
Frect^rl+rcWi 111
notify the employee :yee i; .;siting of the Derstgnnel Hea r. Be.+ ,d its t di and
rv+enda iens within +;ye nemnle +e wo;kin,.days after +he heaFin„ 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
oerretaFy to the Personnel BoardHuman Resources Director will make a notation in
the employee's personnel folder that the employee has been informed of the
Personnel board's 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 meetinghearing.
(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.
(f)
Ale lock. than 21 n.elenrl.ar days hef re the hearing, the GeuRty Glerk will ne +ify hetI
paFties of the heaFing, giving the date, time, IgGatieR and a staternent of the issue te
he reselyerl at the hearing by means of vertified Fnail. 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)
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Exhibit 1
poliGies, Feselutionsi OF LaFtdinaRna OF with any State and Fe Q_;;al Rtat, it
theFete =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, eff. 08 -01 -1976, Amend. of 06 -04 -2002, Art. Vlll §3.0, eff. 04 -04 -2002; Amend. of 11-
08 -2012, eff 11 -08 -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 Department Office 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)
(b)
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.
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
N
Exhibit 1
(c)
(d)
(e)
senior officials are available they may choose among themselves which three
shall participate in the hearing.
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.
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.
The GleFk to the BeaFd of GernmissioneFsHuman 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 -1976, Amend. of 06 -04 -2002, Art. V111§4.0, eff. 04 -04 -2002; Amend. of 11-
08 -2012, eff. 11 -08 -2012)
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