HomeMy WebLinkAboutORD-2014-032 Amendments to the Orange County Code of Ordinances Regarding PersonnelRES- 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, e Oran g County, , through ordinance, has provided for employee appeals to the
Personnel Hearin g Board of Step 3 decisions by the County Manager regarding demotion,
suspension, or dismissal of employees; and
WHEREAS, the e Oran. g County Coup 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
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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,
g .
Article V111, 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 b the Orange County Board of Commissioners this 4th day of September, 2014.
p by g
Lon
goners
Attest:
donna Baker, Clerk to the Board
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Exhibit '1
Sec. 28-87. Procedure. I.
(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 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 Pe. rSeInf °' Human Resources Department.
See Article 11, 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 Nwe -five complete working
days, the department #eaddirector will advise the employee in writing of the
determination. A copy will be sent by the department #eaddirector 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 two 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. T� e� -w,., ithin five complete workin
days of receipt of the appeal the Mana er will cause to be forwarded all papers and
information used in making a ---the Manager's decision to the Personnel Hearing Board
Exhibit 1
(e)
(f)
(g)
and to the ern la ee
W92LIFIBI III
rA
. The Personnel Hearing Board will conduct a hearing within not less than
ten ^0nnpete' ""'""" nor more than 'I days after of receipt of the papers and
information from the Manager. The Human Resources Director will noti the
ern to ee of the date of the a eal hearin g.
ancintinnQ *+hin five %.F . 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 Hearin Board findin-cls and
recommendations within five com fete workin da s after the hearin 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
Human Resources Director will make a notation in
the employee's personnel folder that the employee has been informed of the
Personnel 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 hearin .
The decision of the Personnel Hearin_ 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.
tj
a
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.
Exhibit 1
6. 96, F886A-Wti Oor IRS
. 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.
gig S
t d. of µ 7-19 76. of, 08-01-1.9 6. A mend, of 06-04-2002, A it. V111 § 3, 0. e, f f 04-04-20021, A men d. of �
08-2012, eff 11-08-2012
28-88. Personnel hearing board. IVI
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 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
Hearin Board by contacting designated senior Orange County officials and
arranging for a three member Personnel Hearin Board to hear the appeal.
The Personnel Hearing Board will consist of three members. Each member
of the Personnel Hearin 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 Change
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 Hearin -g_ 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 Hearin 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 Tearing_ Board proceedings,
determinations, and recommendations.
(Ord, ] N . w/ i 6-0 7-19 76, \J f 08-01-19 76r r 3 1mend '1.-'} 06-04-2002, J' it III § , 0, eff 04-04-2002; '1Y %rr; rn e. o d, of 11 -
08-2012, eff - -2012)