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HomeMy WebLinkAboutAgenda - 03-29-2016 - 3 - Review of Workforce Demographics and Utilization of Temporary Employees 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 29, 2016 Action Agenda Item No. 3 SUBJECT: Review of Workforce Demographics and Utilization of Temporary Employees DEPARTMENT: Human Resources Department ATTACHMENT(S) INFORMATION CONTACT: A. Employee Race and Gender Data Brenda Bartholomew, Human Resources B. Action Agenda Item 3, September 11, 2014 Director, (919) 245-2552 C. Action Agenda Item 5, April 17, 2008 PURPOSE: To receive information on the overall demographics of Orange County employees and to also receive information regarding how Orange County is currently employing non- permanent temporary employees. BACKGROUND: The Board of County Commissioners requested information regarding the current workforce profile of Orange County and requested follow up information regarding the current employment of temporary employees. Workforce Demographics Orange County Government is committed to equal employment opportunity and affirmative action to employ and advance in employment qualified women, minorities, protected veterans, and individuals with disabilities. All applicants and employees are treated equally without regard to their protected veteran status, race, religion, national origin, gender, age, marital status, disability, pregnancy, sexual orientation, gender identity or expression, genetic information, or any other basis protected by applicable law. Attachment A is provided to show in detail the Workforce Race and Gender data by classification for Orange County as of June 30, 2015. This data is reported as part of the EEO-4 Report filed with the Equal Opportunity Commission on September 30, 2015, as per Section 709 (c), Title VII, Civil Rights Act of 1964. The following table demonstrates the demographics of the Orange County workforce since June 30, 2014 through March 2016. YEAR % Male % Female White African Hispanic or Asian American Latino June 2014 45.10% 54.80% 70.00% 24.00% 4.50% 0.60% June 2015 41.97% 58.03% 70.17% 22.34% 4.45% 0.87% March 2016 43.78% 56.22% 70.09% 22.27% 5.02% 0.76% 2 At a minimum, the County strives to employ a workforce that resembles the overall demographics of the community. The following table details the demographics of Orange County according to the United States Census Bureau, as of July 1, 2014. % Male % Female White African Hispanic or Asian American Latino Orange County 47.8% 52.20% 76.80% 12.20% 8.40% 7.70% North Carolina 48.7% 51.30% 71.50% 22.10% 9.00% 2.70% In comparing the Orange County government statistics to Orange County and the State of North Carolina, Orange County Government needs to focus most on efforts to improve diversity in the Hispanic or Latino and Asian populations. In an effort to improve diversity in the areas of greatest need, the Human Resources Department is continually working with Departments to recognize the need for employees to be bi-lingual and as such recruit accordingly. The Human Resources Department has also implemented two Board of County of Commissioners initiatives within the past year. These initiatives include an Internship Program and Access to Learning the Spanish Language. The Internship Program is focused on providing a learning experience to a student in order for them to blend classroom theory with real-life practice. Human Resources will recruit from many universities and colleges in the area bringing in a diverse representation of students. The internships are designed to give students an opportunity to complement their formal education with career-related experience and to spark an interest in pursuing a career in local government. The Board of County Commissioners also requested that all County employees have access to Spanish language education in an effort to provide high quality services to residents. The Human Resources Department is prepared to offer in-house training for Basic Introduction to the Spanish Language and to provide the Rosetta Program in the Employee Development Library. Work Assignments of Temporary Employees Temporary employees play a critical role within departments and contribute to the mission of serving Orange County residents effectively and efficiently. It is also equally important to utilize temporary employees in an appropriate manner and afford them access to health care as required under the Affordable Care Act. Temporary employees are different from part time employees. Temporary employees are time limited and do not receive access to County benefits. Part time employees work less than full time, but the duration of their employment is not limited. A Temporary Employee is defined as an employee appointed to serve in a position for a period of six calendar months or less. A Department Head may extend the temporary appointment for six additional months. A temporary appointment may not extend beyond one year except as provided in Article II, Subsection 28-15(b) of the Orange County Code of Ordinances. Overall, this section states that 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. The advance approval of the Human Resources Director is for the purpose of assuring 3 that temporary appointments are used to meet temporary work needs. The County Manager may approve the extension of a temporary appointment beyond one year. Temporary employees may work a variety of reasons, and in differing capacities including: • A regular work schedule to fill a temporary need subject to the limitations described above. The duration of a grant funding period. • When considered seasonal, an employee is required to work a defined time period and may return year after year. Most seasonal employees hired to work in this capacity are at the Department of Environment, Agriculture, Parks and Recreation (DEAPR). • On an as needed basis. Primarily this is the hire of Election Workers. • When filling a position vacated because a permanent employee is on leave or during the time period to process the filling of vacancies. • As a participant in the Workforce Investment Act (WIA) (Department of Social Services youth employment grant) or Work First Program, which services parents of children with little or no income. • As an Intern, for educational purposes. The Orange County Code of Ordinances Section 28-36 provides permanent employees both full-time and part-time (regularly scheduled at least 20 hours each workweek) with group health insurance. The County has been pro-active in appropriately identifying positions which need to be classified as permanent as per the Personnel Section of the Orange County Code of Ordinances and the Affordable Care Act requirements. Action Agenda Item 3, dated September 11, 2014 is provided as Attachment B which analyzed the use of temporary employees at the request of the Board of County Commissioners. It was determined that there were some employees working in hours in excess of what the Affordable Care Act allows as well as outside the desire of the Board. As part of the FY 2015/16 budget adoption, positions were subsequently made permanent. These positions included three Orange Public Transportation Drivers and a Weighmaster at the Department of Solid Waste. Action Agenda Item 5, dated April 17, 2008 is provided as Attachment C which shows the transition of funding positions from a long term temporary services status to permanent positions meeting County staff needs. The following table demonstrates the percentage of temporary employees compared to permanent employees since FY 2011/2012 through March 2016. YEAR total permanent total temporary employees %of temporary employees to employees permanent employees FY 11/12 828 138 16.67% FY 12/13 821 154 18.76% FY 13/14 844 168 19.91% FY 14/15 859 186 21.65% FY 15/March 894 178 19.91% 2016 4 The following table demonstrates a comparison of hours worked and the number of temporary employees since September 2014. Average#of Minimum Average Average#of Temp Hours YEAR Total Hours Worked Living Wage Wage Employees Worked Annually September 2014 $12.76 $13.83 121,139 300 401 June 2015 $12.76 $14.11 77,014 141 546 March 2016 $12.76 $15.22 67,587 206 369 The Human Resources Department will continue to work to make sure that Orange County is compliant with the requirements of the Affordable Care Act and the North Carolina Retirement System as well as meeting the needs of each department and appropriately offering benefits to employees when applicable. More specifically, the Human Resources Department will continue: • Reviewing the work of temporary employees to make sure they are appropriately classified as per the County Ordinance and make changes as necessary. • Monitoring temporary employees working more than 12 months or 1,000 hours in a calendar year as required by the Retirement System. • Monitoring hours worked by temporary employees to ensure that all employees eligible for health insurance benefits are appropriately notified and enrolled. Also, the Affordable Care Act requires certain employers (applicable large employers), which includes Orange County to offer health insurance coverage to full-time employees and their dependents and requires those employers to send an annual statement to all employees eligible for coverage describing the insurance coverage available to them (IRS Section 6055) as well as the detail of an employee's actual insurance coverage (IRS Section 6056). The County has filed accordingly and no issues have been identified as non-compliant. FINANCIAL IMPACT: This abstract is to provide information to the Board of County Commissioners. As such there is no additional financial impact. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. The Human Resources Department is committed to developing and maintaining a diverse workforce that exemplifies a commitment to Equal Employment Opportunity policies and to continually evaluate recruiting and hiring practices for potential adverse impact. 5 RECOMMENDATION(S): The Manager recommends that the Board receive and review the information as provided and if there are any issues or concerns, staff will follow up as requested. 6 Attachment A Workforce Gender and Race Data, as of June 15, 2015 Workforce Race and Gender Distribution EEO Classification by number in each classification Native Hawaiia American Two African Hispanic n or Indian or or Classification Male Female Total Total American White or Latino Asian Other Alaska More Pacific Native Races Islander Officials and 13 15 28 2 26 0 0.... 0 0 0 28 Administrators Professionals 71 198 269 57 194 9 1 0 1 7 269 Technicians 83 105 188 29 148 4 2.... 0 1 4 188 Protective Service Workers 100 21 121 24 91 4 1 0 0 1 121 Paraprofessionals 31 89 120 33 74 10 1 1 0 1 120 Administrative Support 12 85 97 27 61 6 1 0 1 1 97 Skilled Craft 14 1 15 2 12 1 0.... 0 0 0 15 Workers Service- Maintenance 63 21 84 32 41 7 2 0 1 1 84 Total 387 535 922 206 647 41 8.... 1 4 15 922 Workforce Race and Gender Distribution EEO Classification by percentage in each classification Native Hispanic Hawaiian American Two Male of %Female of %of Overall African Indian or or Classification White or Asian or Other Total Classification Classification Total American Alaska More Latino Pacific Islander Native Races Officials and 46.43% 53.57% 3.04% 7.14% 92.86% 0.00% 0.00% 0.00% 0.00% 0.00% 3.04% Administrators Professionals 26.39% 73.61% 29.18% 21.19% 72.12% 3.35% 0.37% 0.00% 0.37% 2.60% 29.18% Technicians 44.15% 55.85% 20.39% 15.43% 78.72% 2.13% 1.06% 0.00% 0.53% 2.13% 20.39% Protective Service 82.64% 17.36% 13.12% 19.83% 75.21% 3.31% 0.83% 0.00% 0.00% 0.83% 13.12% Workers Paraprofessionals 25.83% 74.17% 13.02% 27.50% 61.67% 8.33% 0.83% 0.83% 0.00% 0.83% 13.02% Administrative 12.37% 87.63% 10.52% 27.84% 62.89% 6.19% 1.03% 0.00% 1.03% 1.03% 10.52% Support Skilled Craft 93.33% 6.67% 1.63% 13.33% 80.00% 6.67% 0.00% 0.00% 0.00% 0.00% 1.63% Workers Service- 75.00% 25.00% 9.11% 38.10% 48.81% 8.33% 2.38% 0.00% 1.19% 1.19% 9.11% Maintenance Total 41.97% 58.03% 100.00% 22.34% 70.17% 4.45% 0.87% 0.11% 0.43% 1.63% 100.00% Attachment B 7 ORANGE COUNTY CopyBOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: o i ,,i J; 74 // Action Agenda Item No. 3 SUBJECT: Analysis of Non-Permanent Employees (Temporary Employees) DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: A — Relevant County Ordinance Brenda Bartholomew, Human Resources B — 2013/2014 Analysis of Temporary Director, (919) 245-2552 Employees Including Average Wage, Total Hours Worked, Number of Temporary Employees and Average Hours 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 8 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 9 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. 10 Attachment C ORANGE COUNTY C BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 17, 2008 Action Agenda Item No. 5 SUBJECT: Transition of Long Term Temporary Funding to Meet Permanent County Staff Needs DEPARTMENT: Budget PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Positions Proposed As Part of Transition Laura Blackmon, (919) 245-2300 of Long Term Temporary Funding to Meet Donna Coffey, (919) 245-2151 Permanent County Staff Needs Michael McGinnis, (919) 245-2552 PURPOSE: To review and discuss a plan to transition long term temporary funding to meet permanent County staff needs. BACKGROUND: Over the last few years, the Board has expressed concern about the County's use of temporary employees and the amount of funding dedicated to this line item. As Department Directors prepared their 2008-09 fiscal year budgets, the Manager directed them to review their department's use of temporary monies. Staff plans to implement an internal budget management tool in the upcoming fiscal year that allows departments to categorize their temporary employees into the following categories: ✓ Seasonal Employees ✓ Student Intern ✓ Temporary Employees p rY p Y ✓ Time Limited Part-Time Employees While in some instances, such as re-employing retirees on a part-time basis, departments are able to meet workload demands, there are instances where departments have filled more permanent staffing needs through use of long-term temporary employees. This year, as Department Directors developed their budget requests, management emphasized identifying and correcting departments' utilization of non-permanent employees to fill on-going staffing needs. As a result, departments requested new permanent positions, part- and full-time, to meet ongoing needs presently covered by non-permanent staff and realign currently budgeted monies to cover costs of the request. The attached spreadsheet summarizes the requests submitted by individual departments. 11 Tonight's work session offers the Board an opportunity to review the requests and provide li additional direction to staff. The Manager plans to present staffing recommendations to the Board during their May 8, 2008 budget work session. jl FINANCIAL IMPACT: The net County cost to transition these temporary employees to new K permanent positions is approximately $210,000 or about two tenths of•one penny on the projected 2008-09 tax rate. 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