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HomeMy WebLinkAboutAgenda - 10-09-2007-4cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 9, 2007 Action Agenda Item No. ~- - C, SUBJECT: Cooperative Extension Memorandum of Understanding DEPARTMENT: N.C. Cooperative Extension PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Dr. Fletcher Barber, Jr., 245-2051 N.C. Cooperative Extension Memorandum of Understanding Document PURPOSE: To provide the Board of Commissioners with an explanation of the Memorandum of Understanding between Orange County and the North Carolina Cooperative Extension Service, North Carolina State University. BACKGROUND: In September 2006, a new Memorandum of Understanding was developed and distributed to each County Manager and County Extension Director in the State. This Memorandum of Understanding is to be signed by both the Chair of the Orange County Board of Commissioners and the Director of the North Carolina Cooperative Extension Service. This document serves as the structure of the cooperative relationship created between local, state, and federal government committed to bringing research-based knowledge from North Carolina State University and North Carolina A&T State University to the citizens of each county, the Cherokee .Reservation, and the entire state of North Carolina through North Carolina Cooperative Extension: (NCCE). For over two years, a team. representing the North Carolina Association of County Commissioners (NCACC), the North Carolina Cooperative Extension Program at North Carolina A&T State University and the North Carolina Cooperative Extension Service at North Carolina State University, has met regularly to identify each entities' needs and concerns as it relates to the operation of the partnership, as well as to scrutinize the underlying Memorandum of Understanding document itself. Through those meetings, the team collaboratively updated the document for a more effective Memorandum of Understanding that is simultaneously reflective of the strong, collaborative partnership. A significant change in the Memorandum of Understanding is that it begins to move all Cooperative Extension employees to one uniform payroll system. The new document requires all newly hired Cooperative Extension employees to be paid through either NCSU or NCA&TSU. This process is called "send-in". The majority of current Cooperative Extension employees are designated as "regular", meaning that they are paid through the County. The current "regular" employees have the option of converting to "send-in"; however a majority have noted a desire to remain as "regular". FINANCIAL IMPACT: None. RECOMMENDATION(S): The Manager recommends that the Board Chair sign the new Memorandum of Understanding, maintaining Orange County Cooperative Extension staff as "regular" employees. MEMORANDUM OF UNDERSTANbING Between The Board of County Commissioners and The North Carolina Cooperative Extension Service North Carolina State University and The North Carolina Cooperative Eutension Program North Carolina A&T State University PREAMBLE The North Cazolina Cooperative Extension Service (NCCES) was established as 'a part of the .College of Agriculture and..Life Science's of North Cazolina State University (NCSU) by federal and state legislation, for the, specific purpose of "extending" the educational servic- es of the University to the people of the state on subjects related to agriculture and natural resources, family and consumer sciences,"4 H ` .~and~y_oath-:.development,.._and~community=anal rural development. The laws creating the Cooperative Extension' Service <were ~spe= eifically designed to assure' `that the find- ings of research in these'' areas are com= municated to the people of the state. Under the Federal Appropriations Act of 1972, funds were provided to the 1862 land-grant universities (NCSU) to .enhance. the exten- sion outreach of the 1890 universities, which ,included North Carolina.: A&T .State Univer- sity (NCA&T). The Food and Agriculture Act of 1977 further stipulated .that these funds be appropriated .directly to ,the. ,1890 ' institu- , , tions, and formalized the North Carolina Co- operative Extension .Program: '(N'CCEP) as an official part of the School of Agriculture and Environmental Sciences at NCA&T. While representing ~ two separate Universi- ties, the North Cazolina~ Cooperative Exten- sion Service (NCSU) and the;, North Carolina Cooperative Extension Program .(NCA&T) work together to better serve thee, people of the State through the delivery. of locally rel- evant programs, education and , expertise. Legislation further provided for a` coopera- tive relationship among three 'levels of gov- ernment federal, state, and county-to ensure that the needs of all three levels are addressed. The primary., purpose of North Cazolina Cooper- ative Extension i5 to`provide the people ofNorth Carolina with~tlie most current and relevant un- biased research'=based information-particulazly that .which'is, related to strengthening the econ- omy through profitable, sustainable and safe food, forest and green industry systems; to pro- tecting the environment and natural resources; "and to empowering youth asd' families to lead -~=liealtluer-~ives~and=bec=ome°eomYnuriity-leaders This 'is accomplished by Cooperative Extension employees ~ who are charged with carrying out the extension education programs of the uni- versity'and the U. S..Department of Agriculture. Cooperative Extension has., suff dent flexibility to permit' attention to the special problems, needs and interests ofthe citizens and leadership in each county. Therefore, the programmatic, personnel and funding ' complement reflects the ~ unique needs:. of each.county. County Advisory Coun- cils aze consulted on a regulaz basis to assist in prioritizing the county educational program con- , tent: Program clientele or recipients of services include individuals, families, communities, mu- mcipalitzes; ~` agricultural and. seafood process- ing and'inazketing firms, other businesses and certain organizations. This includes work with adults and youth in both urban and rural settings. To assure that educational programs offered by Cooperative Extension meet the needs of local clientele, it is important that both elected and appointed decision:makers at each level,of gov- ernment understand;then-respective responsibil- itiesand relationships in the conduct and funding of this work, To this end, the following portions of this Memorandum of Understanding will de- tail the individual relationships and mutually agreed upon responsibilities of NCSU, NCA&T and each county that signs this agreement. Part 1. The North Carolina Cooperative Extension Service and the North Carolina Cooperative Extension Program wilt: 1. Establish minimum requirements and qualifications for employment in Extension work. 2. Receive and examine applications for employment. 3. Interview and screen applicants to determine their qualifications and availability. S 4. Consult with the Board of County Commissioners, or 'the County Manager as designee, regarding qualified applicants for appointment to vacant or new Extension positions. . 5. Consult with the Board of County Commissioners, or the County Manager as designee, regarding the salaries of all Extension employees, including County Extension Directors, Extension Agents, Extension Paraprofessionals, Extension Secretaries, and any other Cooperative Extension-based positions. 6. Determine jointly with the County Boazd of Commissioners, or the. County Manager as designee, the share of salaries to be paid by each and provide the University share of these . salaries. 7. Prepare and submit an annual budget to the Board of County Commissioners, or the County Manager as designee, for securing the county's share of funds for salaries and operating expenses each fiscal year. . 8. Provide funds for official travel necessary to conduct Extension work to the extent that funds are available and for purposes authorized by state and federal policies. 9. ~ Provide Extension employees with funds for postage, bulletins, leaflets and otherpublications for delivering Extension programming and conducting regulaz business. 10. Accept responsibility and provide the leadership for administration and supervision for Extension programs and personnel, including compliance with affirmative action and 'equal employment opportunity requirements. 11. Develop and administer a personnel management plan that will provide the annual review of each worker's performance, counse]ing for job improvement where needed, and periodic county program reviews: 12. Provide a staff of specialists to train agents in current technology and other changes affecting agriculture and natural resources, family and consumer sciences, 4-H and youth, and community and rural development and to assist them in.conducting work. in these areas. 13. Provide Extension workers with training programs as needed to maintain effective program delivery. 14. Seek regular input from the County and maintain a County Advisory Leadership System to ensure that county Extension programs aze based on the particular needs of people in their. respective county. 2 15. Prepare and submit a "Report to the People" to the Board of Commissioners, or the County Manager as designee, at least annually, informing the Board or Manager of Extension programs and- work accomplished. . Part 11. The Board of County Commissioners wilt: 1. Provide the County's share of salaries and benefits for Extension personnel. 2. Comply with the State of North Carolina's Worker's,CompensationAct, N.C. General Statute ____.--3--- Pr-oxide-officese ~ ui ~ men ~--ut~hes=tel -hones =~of~ce=su ~ - lies=instr-uctio~l-ma#er-ials-and other items needed for efficient operation of the County Extension Center and program; and comply with the accessibility provisions of the Americans with Disabilities Act. 4. Review and consider the annual budget request from NCCES/NCCEP, and take appropriate action by July 1 of each fiscal year. 5. Provide regular input to the. District and County Extension Directors on the particular needs of people in their respective county to help ensure that county Extension programs are based on specific needs'and meet county programming plans. Part 111. .Thee North Carolina Cooperative Extension Service, the North Carolina Cooperative Extension Program, and the Board of County Commissioners mutually agree: 1. That all county Extension employment appointments and separations will be made in consultation .between NCCES, NCCEP, or both (based on fiinding of the. position), and the ,Board :of County. Commissioners, or the County Manager as designee, and Ghat. no official action related to such appointments or separations will be taken. by either party, regarding appointment or separation prior to discussion of the matter with the other party. 2. , That the Board of County Commissioners and NCCES/NCCEP shall each be responsible for compliance with applicable laws and regulations relating to their respective operations. 3. ~ -'Po .cooperate: in .applying a~.imative action and equal employment opportunity plans of NCCES/NCCEP.., . 4. That the policies established by the State of North Carolina under N.C. General Statute § 126 and followed by the UNC System be used in .granting and administration of leave related to the earning rates, transfer policies, payout computation and timing, and administration of vacation, sick, civil, community involvement, military, Family and Medical. Leave, Family Illness Leave, leaves of absence, .and other approved leave programs for Cooperative Extension personnel: Educational leaves of absence for EPA employees provided under University policy will be reviewed in consultation with the County. 5. That Extension employees will follow county policies relative to office hours, office closings for inclement weather and holidays, and for the management and use of county property. 6. That Extension employees will not be classified under a county classification system. 7. Send-in Provisions of the Cooperative Arrangement 7.1. Transitioning to Send=ln. 7.1.1.All new hires to Cooperative Extension beginning January 1, 2007, and thereafter, will be covered under the "send-in" payroll arrangement provisions as outlined below. 7.1.2.All current Extension employees innon-send-inpayroll arrangements as of October 1, 2006, will have two open-window options in which to convert from "non- send-in" (also known as "regular") to "send-in" per their respective individual choices. There will be two annual conversion windows in which the. employees will make their choice. These two annual windows will coincide with the annual NC Flex open-enrollment dates for 2006 and 2007 as published by NC Flex. Employees must communicate their desire to change to "send-in" by submitting an official request form available from the College of Life Sciences Personnel Office at NCSU or NCCEP Administrative office. The change will be effective January 1 of the year following the communication of their choice, either 2007 or 2008. The employee must utilize the NC Flex open-enrollment period to change any applicable benefits except for retirement contributions and health insurance.. Outside of these two specific open-enrollment periods, current employees will (1) remain in their respective county's payroll arrangement for the remainder of their employment in their respective county, or (2) change to "send-in" under the provisions outlined in 7.1.3. or 7.1.4. below _ 7.1.3.Effective January 1, 2007, and thereafter, all current Extension employees transferring between counties into other Extension positions will be converted to "send-in" upon transfer to the new County. 7.1.4.NCCES/NCCEP will .review the total population of non-send-in employees across the state annually each March 1. At such time that the total number of Extension employees across the State falls to or below 50, irrespective of the individual count in any one county, all remaining non-send-in employees will be converted to "send-in" effective January 1 of the next year. NCCES/NCCEP will notify in writing the respective Boazds and County Managers by May 1, so that arrangements can be considered in time for the changing fiscal yeazs begnning July 1. 7.2. Establishing Accounts to Operationalize the Send-In Process To operationalize. the "send-in" payroll arrangement, NCCES/NCCEP will establish a Trust Fund Account for the County at NCSU/NCA&T that will serve as the vehicle for the transfer of funds from the County to NCSU/NCA&T for use in paying the county's agreed-upon share of salary and benefits for Extension personnel. 7.2.1.Procedure for Providing Funds to the Account A State Treasurer's Electronic Payment System (STEPS) form will be completed and the original submitted to the Associate Director of Cooperative Extension via the appropriate District Extension Director. The County Finance Off cer, 4 or the designated County representative, will receive notification from the 'NCSU College of Agriculture and Life Sciences Personnel Office' or the NCA&T Personnel O~.ce prior to the University's payroll date, generally the last working day of each month, advising the amount due' for the current payroll. Within 5 business days following the payday, the respective University will draft against the County's established trust' account in the amount communicated 7.2.2.Administration of the Account The trust account will be maintained in accordance with the respective NCSU or NCA&T accounting policies-and procedures. The trust account will be audited and reconciled by the NCSU College, of Agriculture and Life Sciences Business Office or the NCA&T College of Agriculture _ ___. _4:.~~,.,_.~_-. ~ `~"~`'En-ironmentai`Sciences'Busmess Ofi'ice, respectrvely, fo ensure`lfie"~~~~~~W~"' ~`_:.___W.___~.._._. month-end account balance remains zero. 7.3. Employee Benefits 7.3.l.RetirementBeneffts All "send in." Extension- Personnel will participate solely in either the North Carolina Teachers"and State Employees Retirement System and accompanying North Carolina Disability Income Plan, or the Optional Retirement Plan, based on eligibility criteria established by the State. They will be eligible solely for respective NCSU or NCA&T employee benefits for which they qualify based on their appointment and FTE, and former federal appointees will. maintain federal benefits, the employer- paid parts of which will be paid for solely by NCSU or NCA&T. 7:3.2.Taxes and Fringe Benefits The County will be responsible far providing their proportional share of fringe benefits for all send-in Extension personnel, including but not limited to the following: 7.3.2(a) Employer contributions to all applicable Federal and State taxes. 7.3.2(b) Employer contribution ~ to the State Retirement System per N.C. General Statute § 135, or to the Optional Retirement Plan per N.C. General Statute § 135=5.1: 7.3.2(c) Employer contribution to the Health Insurance matching charges per N.C. General Statute § 135. 7.3.3. Workers' Compensation will be administered pursuant to N.C. General Statute §97-2(2). _ . 7.3.3(a) The County will provide full and direct coverage for those employees subject to the County workers' compensation insurance within the county insurance program. Employees for whom the County will maintain workers' compensation coverage are the following: 7.3.3(a)(1) All secretarial and any other positions designated as SPA (subject to the State Personnel Act); and 7.3.3 (a)(2) All ProgramAssistants/Associates who are nat funded by directly allocated federal funds such as EFNEP, or Program Assistants/Associates who are paid in part by EFNEP funds but which account for less than 50% funding. 7.3.3(b)NCSU/NCA&Twillprovidefullanddirectcoverage fortheirrespectiveExtension employees subject to the respective University's workers' compensation insurance within the respective University's insurance program. Extension employees for whom the respective University will maintain workers' compensation coverage are the following: 7.3.3(b)(1) All County Extension Directors and Extension Agents. 7.3..3(b)(2)A11 Program Assistants orA,ssociates who are funded by directly allocated federal funds such as EFNEP, or Programs Assistants or Associates who are paid in part by EFNEP funds at equal to or more than 50% funding. ~ . 7.3.4. NCSU/NCA&T will process severance pay under reductions-in-force (RIFs) as approved~under Office of State Personnel guidelines for County-based employees subject to the State Personnel Act (SPA) and unemployment compens~.tion as mandated by the State. 7.3:S.The .County will pay its proportional share of annuaUvacation leave, up to a maximum of 240 hours perthe OSPand/or UNC System guidelines, and any bonus leave balance as explicitly approved per each county per year granted, upon an employee's separation. 7.3.6.The County will pay its proportional share of state longevity~for SPA employees upon an3employee's service anniversary date. 7.3.7.The County will pay its proportional share of any accrued "extra" time (hour-for- hour) or overtime (1.5 hour-for-hour) to Extension employees that are subject to Fair Labor Standards Act or North Carolina Wage and HourAct upon an employee's earning anniversary date or as due to the employee at the time of separation.. 7.4 Optional County-paid Salary Increases or Bonuses to Extension Personnel At their. discretion, Counties may award additional permanent salary increases or one- time pay awards to Extension Personnel. If this is so desired by. the County under the "send-in" payroll arrangement, this action must be communicated to the appropriate District Extension Director's office no later than the first of any month in which .the desired increase or bonus is to be applied. 6 8. Optional Lock-in Provision i~ This section, if enacted by separate signature of the County, effects an optional "lock in" agreement between the County and NCSU/NCA&T for Extension personnel. The "lock in" provision establishes constants to be maintained over the course of the agreement for cost-share percentages. 8.1 Salary Adjustments for SPA Employees under the Lock in Provision County and 1VCSU/NCA&T will fund salary adjustments and increases so that the funding percentages agreed upon in the lock-in section below are maintained. The full compensation plan for state: employees.as approved by the General Assembly will serve as the basis for compensation adjustments and both the County and NCSU/NCA&T will adhere to the lock- .... in plan's effective dates and implementation usstructions. Extension personnel receiving -~-_----~_----- salaryfrorngrant-fiinds°will-be~governecl bytb°e=terllis`and~cc~nuiti~ons ofthe applicable~grant-=--~--- within the scope and applicability of NCSU/NCA&T personnel policies governing grants. These compensation~components include, but are not limited to: 8.1.1. Across-the-board adjustments, 8.1.2. Cost-of--living adjustments (COLA), 8.1.3. Merit adjustments, 8.1.4. Bonuses (in any form conveyed), and 8.1.5. Promotion, classification, market, or equity adjustments. 8.2. Salary Adjustments for EPA Employees under the Lock In Provision County and NCSU/NCA&T will fund salary adjustments and increases so that the funding percentages agreed upon in the lock-in section below are maintained. The full compensation plan for University employees as approved by the General Assembly and implemented by the.O~ce of the President, University of North Carolina System, will serve as the basis for all compensation adjustments' and both the County and NCSU/NCA&T will adhere to the plan's effective dates and implementation instructions. Extension personnel receiving salary from grant fiends will be governed by the terms and conditions of the applicable grant within the scope and applicability of NCSU/NCA&T personnel policies governing grants. These compensation components include, but are not limited to: 82.1. Across-the-board adjustments, 8.2.2. Cost-of--living adjustments (COLA), 8.2.3. 'Merit adjustments, 8.2.4. Bonuses (in any form conveyed), and 8.2.5. Promotion, classification, market, or equity adjustments. 8.3. Enacting the Lock in Provision By signing at tlsis section separately, the County and NCSU/NCA&T shall adhere to the following provisions, guidelines, and procedures. Salary and Benefits Salaries and benefits, as delineated above in 7.3, maybe split on'the basis of either (Option A) type of employee (EPA and/or SPA), or (Option B) individual position. The County and NCSU/NCA&T. agree on the following proportional salary and benefits funding percentages, applicable throughout the duration pf this Memorandum ~ of Understanding: 7 8.3.Option .A. All EPA employees % County % NCSU/NCA&T All SPA employees % County % NCSU/NCA&T * any position added to this county's staff of Extension Personnel subsequent to the effective date of this Agreement will adhere to the above percentages. Board Chair or County Manager Signature ~ Printed Name Title Date Signature for Option ALock-in Provision ONLY OIt 8.3.Option B. Each position shared per the list of detailed percentages below: County % NCSU/NCA&T County % NCSU/NCA&T County % NCSU/NCA&T County % NCSU/NC.A&T County % NCSUINCA&T County % NCSU/NCA&T County % NCSU/NCA&T County % NCSU/NCA&T County % NCSU/NCA&T County % NCSU/NCA&T County % NCSU/NCA&T County % NCSU/NCA&T * any position added to this county's staff of Extension Personnel through mutual agreement between the County and NCSU/NCA&T subsequent to the effective date of this Agreement will document the funding splits in correspondence between this County and NCSU/NCA&T, and will become a part of this Agreement. Board Chair or County Manager Signature Printed Name Signature for Option BLock-in Provision ONLY Title Date S 1~ 9. Asemi-annual meeting will be convened to maintain communication of ideas, developments, concerns and changes within the scope ofthe Counties and Cooperative Extension relationship. Members of the committee will include representatives of the North Carolina Association of County Commissioners (NCAA.C), representatives from County Governments as recommended by the NCAAC, and administrators and designees of Cooperative Extension. yPe are in agreement with the above description of the responsibilities and relationships, and that this Memorandum of Understanding may be reviewed at any time. Each party, is responsible for all actions for which they have sole responsibility or for which they take unilateral action. Signatures of the persons below authorize execution of t}us document, commencing on " ~ . (date), and continuing year-to-year, unless otherwise terminated in writing by either party under _--- ----° •- notification~to~`°the=-otlier-party~no~les's~than `one=hunared~'twenty`•'(1:2U)~"days prior~to-the clesired~""°~'~""`" termination date. Termination of this agreement shall have the effect of withdrawal of Cooperative Extension activities and programs in the County. Signature: Date: Chairperson or Designee • Board of County Commissioners County Signature: Date: Director, North Carolina Cooperative Extension Service North Carolina State University Signature: Administrator • North Carolina Cooperative Extension Program North Carolina Ac~T State University . `~ Date: _ t ,. Distributed in furtherance ofthe Acts of Congress of May B and June 3D,1914. North Carolina State University and North Carolina A&TState University committhemseives to pos'dive action 1n secure equal opportunity regardless of race, color, Bread, national origin, religion, sex, age, or disahility. In addition, the two Universities welcome aii persons without regard to sexual orientation. North Carolina State University, North Carolina A&T State University, U.S. Department of Agricutwra, and local governments cooperating.