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HomeMy WebLinkAboutAgenda - 10-18-94-IX-F 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 18, 1994 Action Agenda Item # �y r SUBJECT: Personnel Ordinance Revision DEPARTMENT: Personnel PUBLIC HEARING: Yes _x_No ATTACHMENT(S) : INFORMATION CONTACT: Draft Revisions to Personnel Elaine Holmes, Personnel Director Ordinance Sections on Sexual Extension, 2550 Harassment, Recruitment and Selection and Temporary TELEPHONE NUMBERS: Appointments (Attachments 1, Hillsborough - 732-8181 2 and 3) Durham - 688-7331 Mebane - 227-2031 Current Personnel Ordinance Chapel Hill - 967-9251/968-4501 Sections on the above (Attachments 4, 5 and 6) PURPOSE: To consider draft revisions to the Orange County Personnel Ordinance sections covering: -Sexual Harassment (Attachment 1) -Recruitment and Selection (Attachment 2) -Temporary Appointments (Attachment 3) BACKGROUND: As part of the planned process of reviewing and updating the Personnel Ordinance, the Personnel Department has completed a comprehensive review of the Sexual Harassment and Recruitment and Selection Sections of the Personnel Ordinance. As discussed with the Board earlier, Personnel has incorporated in this review a review of the appointment process for temporary employees. In general, changes have been made to: -Make the policy more clear and understandable for supervisors. This includes clarifying the respective roles of Personnel and the operating department. -Provide for necessary updating. -Meet the requirements for substantial equivalency in employment under the State Personnel Act for the Health and Social Services departments. 2 Key changes include the following: Sexual Harassment 1. Responsibility (Section 2.5) Added to specify the responsibility of employees and supervisors, for maintaining a work environment free of sexual harassment. 2 . Disciplinary Action (Section 2.6) Provides that an employee engaging in sexual harassment is subject to disciplinary action, including dismissal. Recruitment and Selection • 3. Coverage (Section 3. 1) Clarifies that positions in the Sheriff and Register of Deeds departments are not covered. 4 . Policy (Section 3.3.4 ) Specifies and clarifies that appointment decisions and the selection process are based on job related criteria. 5. Internal Recruitment (Section 3.5) Provides that internal recruitment occurs for each opening except one filled by lateral transfer. This discontinues the policy of filling some openings through intra-departmental promotion without posting the opening in other departments and without permitting internal candidates in other departments to apply. With the policy change, each opening would be posted in all departments. In this way, employees in other departments have an opportunity to be considered along with employees in the recruiting department for a promotional opportunity. For the most part this already is the current practice. 6. Credentials Verification (Section 3. 11) This 'outlines the County's policy as to credentials verification. This is the current practice. 3 7. TemporarY Position Openings (Section 3. 12) Adds new provisions relating to recruitment and selection for temporary openings. Temporary Appointments 8. Establishes the process for review and approval of new temporary appointments, when funds are available. Pending development of a permanent process, the Manager had established a temporary process in September 1993. A work group has met to review and recommend a permanent process, which is that .outlined in Section 5.2 of Attachment 3 and in Item 7 above. RECOMMENDATION: The Manager recommends the Board adopt the proposed Personnel Ordinance revisions effective December 1, 1994. 4 Draft New Ordinance Attachment 1 144ft12171131911t22Lancre Count Personnel OrdinanceW-fr Section 2.0 Sexual Harassment Polio 2.0 SEXUAL HARASSMENT 2.1 General Orange County prohibits sexual harassment of employees or applicants for employment and guarantees employees the right to work in an environment free from sexual harassment. Sexual harassment constitutes unlawful discrimination on the basis of sex. 2.2 Definition Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: -Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or -Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual; or -Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Examples of sexual harassment may include, but are not limited to, intentional physical contact (touching, patting, pinching) , verbal abuse (offensive jokes, requests for sexual favors, demeaning statements) and taking employment action on the basis of sexual consideration. Sexual harassment does not include conduct welcomed by the recipient, or social interactions and relationships entered into freely by County applicants or employees. 2.3 Complaint Any employee or applicant who feels he or she is being subjected to sexual harassment may raise a complaint directly: 5 -With the supervisor as Step 1 of the Orange County Grievance Procedure, if the supervisor is not involved in the complaint. (See Article VIII of this Ordinance. ) -With the department head as Step 2 of the Orange County Grievance Procedure, if the department head is not involved in the complaint. -With the Employee Relations Officer in the Orange County Personnel Department. 2.4 Complaint Review 2.4.1 When any grievance or complaint of sexual harassment is received, a prompt and impartial investigation is made, including a review of the entire record and the totality .of the circumstances to determine if any sexual harassment occurred. 2.4.2 Information received regarding an alleged incident of sexual harassment is treated with appropriate confidentiality. 2.4.3 Orange County prohibits any interference, coercion, restraint or reprisals towards any person complaining of sexual harassment. 2.5 Responsibility 2.5.1 Each County employee is responsible for conducting himself or herself so as to contribute to a work environment free of sexual harassment. 2.5.2 Each supervisor is responsible for assuring that he or she maintains a work environment free of sexual harassment. 2.6 Disciplinary Action Any County employee found to have engaged in sexual harassment is subject to appropriate disciplinary action, including dismissal as provided in the Orange County Personnel Ordinance. (See Article IX. ) 2.7 Communications Personnel explains the sexual harassment policy to each new employee in the New Employee Orientation Program and periodically explains this policy to all employees through the employee newsletter or other means. Draft New Ordinance Attachment 2 Draft Revision to Oran.e ount Personnel Ordinance Article II Section 3.0 Recruitment and Selection 3.0 RECRUITMENT AND SELECTION 3.1 Coverage This section applies to recruitment and selection for openings in permanent positions, whether Full Time, Part Time or Permanent Time Limited, except as in Item 3. 12, "Temporary Position Openings. " Positions in the Register of Deeds Office and the Sheriff's Department are not covered by this section. 3.2 Overview The Personnel Department conducts preliminary screening and makes referrals of applications for the hiring department's permanent openings. The hiring department reviews each application referred, decides who to interview, schedules and conducts interviews, conducts reference checks, selects the best qualified referral based on job related reasons and documents its decisions as required by policy. The Personnel Department makes any job offer except as otherwise provided for the Social Services and Health Departments and verifies credentials as provided in this Ordinance. 3.3 112Y Orange County is an Equal Opportunity/Affirmative Action Employer. Recruitment and selection for permanent positions is centralized and/or coordinated through the Personnel Department to assure equal employment opportunity to all persons without regard to race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation and Vietnam-Era or disabled veteran status as provided in law. In the recruitment and selection process, Orange County provides reasonable accommodation to individuals with disabilities, in accordance with the Americans with Disabilities Act. 7 3.3.1 Each opening is posted and processed in accordance with this Ordinance. 3.3 .2 All applications for employment are processed through the Personnel Department. 3.3.3 Any applicant who is age 18 or older may be considered for appointment to a permanent position. 3.3.4 Any appointment or promotion is based on the applicant' s or employee candidate' s job related qualifications. Any selection process used is based on job-related criteria and openings are filled through open competition. 3.3.5 Recruitment is conducted only for open positions which are authorized by the budget and which have been classified by the Personnel Department. 3 .3.6 The Board of Commissioners may freeze any position which is vacant for budget purposes. 3.4 Initiating Recruitment, 3.4.1 When an employee submits a resignation, the department head may initiate the process to fill the position. 3.4.2 The department may laterally transfer a permanent employee in the department to an open position in the same classification in the same department by submitting a Personnel Action form to the Personnel Department. 3.4.3 To initiate recruitment for any opening not filled as in Item 3.4.2, the department head completes and forwards the Position Vacancy Notice to the Personnel Department. 3.4.4 The Personnel Department reviews the notice and verifies the correct classification, salary grade and other position information as shown. 3.5 Internal Recruitment 3.5.1 Purpose Internal recruitment provides transfer and promotion opportunities for permanent County employees. 3.5.2 Coverage Internal recruitment for each permanent opening occurs prior to external recruitment. 8 The Personnel Director may waive the separate internal recruitment period and permit internal and external recruitment to occur at the same time: -In emergency situations to meet urgent operating needs. -For purposes of affirmative action. -For positions at the lowest salary grade in the Classification and Pay Plan. 3.5.3 Promotional Opportunities Bulletin Personnel lists each permanent opening in the County-wide "Promotional Opportunities" bulletin and distributes this to all departments. This bulletin states minimum qualifications required for each posted opening and the established closing date. When received, each department promptly posts the "Promotional Opportunities" bulletin at work sites in a prominent location to assure all employees have an opportunity to be aware of available openings. Openings are posted at all times in the Personnel Department. Each position is posted for a minimum of five work days from the "Promotional Opportunities" publication date before external recruitment may begin, except as provided in Item 3.5.2. 3.5.4 Eligibility for Transfer/Promotion Consideration To be eligible to apply for transfer or promotion, the employee must be appointed to a permanent position and have successfully completed the probationary period. Temporary employees and probationary employees are not eligible for transfer/promotion under this policy and may only apply for a permanent position opening during external recruitment. 3.5.5 Applying for Transfer/Promotion To apply, the eligible employee completes an official Orange County employment application and submits it to the Personnel Department not later than the closing date shown on the Promotional Opportunities bulletin. 9 3 .5.6 Referral of Employee Candidates After the closing date, the Personnel Department reviews all applications received from employee candidates. Personnel refers any eligible employee candidate who meets the minimum qualification requirements for the position classification of the opening to the hiring department. 3.5.7 Selection of an Employee Candidate The hiring department considers each candidate referred, conducts any interviews and performs any reference checks. If the hiring department determines that it wishes to select an employee candidate, it follows the job offer procedure specified in Section 3.7 . Prior to submitting any proposed job offer to Personnel, the hiring department head confers with the department head of the employee candidate. The hiring department head advises the other department head of the employee' s status as a candidate for the position, checks the employee' s references and discusses the notice period. 3.6 External Recruitment 3.6.1 Purpose If internal recruitment does not yield a final candidate, Personnel initiates the external recruitment process at the hiring department' s request. 3.6.2 Announcing Openings Personnel communicates the availability of the opening through: -Posting each opening on, the Employment Opportunities Bulletin in the Personnel Department. -Distribution of opening announcements to appropriate recruitment sources. Such announcements are directed toward potential sources of applicants, including minorities, women and individuals with disabilities. 10 -Listing of each opening with the Employment Security Commission. -Appropriate advertising. (See Item 3.8) 3.6.3 Timing External recruitment continues for a minimum of 10 workdays from the advertisement date unless a shorter time is approved by the Personnel Director. The closing date may be extended with the approval of the Personnel Department. 3.6.4 Applying for An Opening Personnel accepts applications only for positions open for recruitment. To apply, an individual completes an official Orange County employment application and submits it so that it is received in the Personnel Department not later than the established closing date. The application must be signed by the applicant attesting to the truth of all statements contained in it. The County does not accept unsolicited referrals by private employment agencies. 3.6.5 Position Interest Card An individual interested in a position not currently open for recruitment may complete and submit a Position Interest Card to the Personnel Department. When a position in that class or related class becomes available, Personnel sends the completed interest card to the individual so that he or she may apply for the opening. The Position Interest Card is active for six months from the date received in the Personnel Department. 3.6.6 Referrals for the Opening The Personnel Department receives all applications for employment. After the closing date, Personnel reviews all applications received. The Personnel Department refers to the hiring department the better qualified applicants based on each applicant's job related qualifications as indicated on the employment application in relation to the duties and responsibilities of the position and minimum qualification requirements on the class specification. 11 In determining the number to refer, Personnel considers the County' s Affirmative Action commitments and the hiring department' s standing with regard to reasonable representation by protected groups. 3 .6.7 Consideration of Referrals The hiring department considers each applicant or employee candidate referred, conducts interviews, completes any reference checks and identifies the best qualified applicant or employee candidate based on job related reasons. The hiring department may select an applicant or employee candidate only from among those whose applications are referred by the Personnel Department. The Personnel Department and hiring department may investigate any statement contained in the application. 3.7 Job Offer Procedure 3.7 .1 Minimum Requirements for Appointment Any applicant or employee candidate selected must meet the job related minimum education and experience, certification or licensure requirements established for the position' s classification. 3.7 .2 Requesting the Job Offer Be Made When the hiring department has identified the applicant or employee candidate whom it wishes to select, it submits to the Personnel Department: -A completed Selection Decision Documentation/ Affirmative Action Report Form which specifies the job-related reasons for the selection or non-selection of each applicant and employee candidate referred. -Employment applications of all applicants and employee candidates referred. -An Employment Recommendation Form which includes recommended starting salary. The hiring department explains in this any hiring salary recommendation above Step 1 of the salary range. 12 3.7.3 Starting Date The position may not be filled until it becomes vacant, unless an overlap for training purposes has been approved in advance by the Personnel Department and funds are available. 3.7.3 Making the Job Offer The Personnel Department: -Prior to making any job offer, reviews the selection decision documentation and advises the hiring department of any apparent policy or legal question raised by the proposed appointment. -Determines the appropriate 'hiring salary in terms of policy and law and notifies the department. -Makes the employment offer to the applicant or employee candidate selected. -Forwards an Employment Agreement Letter to any selected applicant. This includes confirmation of the probationary period requirement, position classification, salary, and date to begin work. -Notifies the hiring department of the acceptance or non-acceptance, of the job offer. -Notifies each applicant or employee candidate not selected. As an exception to the above offer procedure, the Social Services and Health Departments may extend the employment offer to the applicant or employee candidate selected. Such an offer occurs following Personnel ' s review of the selection documentation and proposed hiring salary. 3.7.4 Employment Offer Conditions Employment of an applicant is contingent upon the applicant: -Signing and returning the Employment Agreement Letter prior to the date to begin work. 13 Note: The Employment Agreement letter is not a binding employment contract and the employee may discontinue employment at his or her discretion. -Providing copies of documents certifying the applicant' s identity and eligibility to work in the United States and submitting a completed verification form (I-9) . -Providing verification of credentials prior to the date to begin work. (See Item 3. 11. ) -Signing the Orange County Drug Free Work Place Affirmation form during benefits enrollment. Transfer or promotion of an employee candidate is contingent on the employee candidate providing verification of credentials prior to the date to begin work in the new position. (See Item 3. 11. ) 3 .7 .5 Personnel Action Processing The hiring department prepares and sends a completed Personnel Action Form to implement the new hire, transfer or promotion action to the Personnel Department. 3.7.6 Benefits Enrollment The Personnel Department schedules any new employee for a benefits enrollment meeting. In this meeting, the employee completes the necessary insurance, retirement and tax forms. 3.7.7 New Employee Orientation Each new employee is required to attend a New Employee Orientation session. Among other things, this orientation includes an explanation of key personnel policies such as those covering equal opportunity, sexual harassment, the disciplinary procedure and the grievance procedure. 3.8 Advertising 3 .8.1 Personnel places any advertisement for a permanent position. 3.8.2 The hiring department may place an advertisement for a temporary position. 14 3.8.3 Any employment advertisement includes the statement "Equal Opportunity/Affirmative Action Employer. " 3.9 Testing 3.9.1 If a hiring department wishes to administer a work sample, job performance or other test as part of its selection process, the department: -Obtains Personnel Department approval prior to administering the test. -Retains records of the test for two years from the test date. 3.9.2 For any typing test, Personnel arranges for this to be administered by the Employment Security Commission , 3.10 References 3.10.1 The hiring department conducts any appropriate reference checks. (See Item 3.5.7 as to employee candidates. ) 3.10.2 The Personnel Department provides reference check guidelines to departments as requested. As required for an individual opening, the Personnel Department conducts a driving record check and/or, as requested by the hiring department, a criminal record check. 3.11 Credentials Verification 3.11.1 Prior to the date to begin work, the County requires that each applicant or employee candidate selected provide verification of the following credentials: -The highest degree, diploma or certificate on the employee's Orange County Application for employment which is required for the position's classification and -Any professional license(s) , registration(s) or certification(s) on the employee' s Orange County Application for Employment which is required for the position. Exception: In urgent operating circumstances, the County Manager may approve the applicant or employee candidate beginning work subject to verification of credentials by a specific date. 15 3.11.2 Upon the discovery that an applicant or employee candidate has provided false or misleading information or omitted information, the County may disqualify the applicant for employment and may take appropriate disciplinary action with the employee candidate as provided in this Ordinance, up to and including dismissal. 3 . 12 Temporary Position Openings 3.12.1 In making any temporary appointment, the hiring department observes the requirements for such appointments in Section 5.0, "Appointments" of this Ordinance. 3.12.2 The hiring department is responsible for the recruitment and selection process for any temporary appointment, including appropriate reference checks. 3.12.3 For any temporary appointment of more than one month, the hiring department obtains from the candidate a completed Orange County employment application and reviews the candidate' s employment history. The department submits such application to the Personnel Department along with the appointment Personnel Action form. 3 . 12.4 Any advertising of a temporary opening or testing of a candidate for a temporary opening is completed in accordance with Item 3.8 "Advertising" and Item 3•9, "Testing. " 3 .13 Elected Officials Notwithstanding the requirements and entitlements of the Pay Plan, the Position Classification Plan, the Classification and Salary Plan, and any other provisions of this Ordinance, the salary, allowances and other compensation of the Register of Deeds and the Sheriff shall be fixed and established from time to time by the Board of Commissioners as provided by N.C. General Statutes 153A-92. 16 Draft New Ordinance Attachment 3 Draft Revision to Oran.e Count Personnel Ordinance Article II Section 5.2 Tem•ora Appointments 5.2 Temp A orary ppointments 5.2.1 General Subject to the provisions in this Ordinance, 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 Item 5.2.3. 5.2.2 Approval The department head may make a temporary appointment or extend a temporary appointment for the following without prior approval: -To provide coverage for a vacant permanent position or for the absence of a permanent employee. -To work one month or less with no extension. -Precinct officials. The advance approval of the Personnel Director is required for any other temporary appointment or extension. The Personnel Director's approval is for the purpose of assuring that temporary appointments are used to meet temporary work needs. The Personnel Director refers any request involving an on-going work need to the County Manager for the Manager's review. 5.2.3 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 continue critical services, the County Manager may approve additional hours in writing. critical services includes such sevicesrashpublicpose, safety and top priority goals of the County. -When the employee is working under an established academic internship program or work study program. Current Ordinance Attachment 4 From Article II of the Orange County Personnel Ordinance 2.0 SEXUAL HARASSMENT POLICY 2.1 Purpose The purpose of this policy is to provide guidelines, and to establish that Orange County prohibits all forms of sexual harassment of applicants, employees, and citizens conducting business with county government employees. 2.2 Policy The policy of Orange County is that no employee may engage in conduct that falls under the definition of sexual harassment. The definition of sexual harassment is any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual' s employment: 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions; or 3) such conduct has the effect of unreasonably interfering with the individuals ability to perform work, and/or creates an intimidating, hostile or offensive work environment. Sexual harassment does not include conduct welcomed by the recipient, or social interactions and relationships entered into freely by County applicants, employees or citizens. 2.3 Complaint Procedure Every employee is entitled to work in an environment free of sexual harassment. Any employee, applicant or client who feels he/she has been sexually harassed may file a complaint using the following procedure. 1) Report the alleged misconduct to your immediate supervisor, if he/she is not involved in the complaint, or 2) Report the alleged misconduct to the Department Head, if he/she is not involved in the complaint, or 3) Report the alleged misconduct directly t to the EEO Officer (Lana Chandra) in the Personnel Department of Orange County. Prompt and impartial investigation will be made of all cases alleging sexual harassment based on facts presented surrounding the misconduct. All_inf2KmAti2A 18 received re-ardin- the alle-ed incidents of sexual harassment will be treated with •rivac and confidentialit Any interference, coercion, restraint or reprisals towards any person complaining of sexual harassment is prohibited. 2.4 pi icy Implementation The Sexual Harassment Policy and Complaint Procedure will be posted on bulletin boards where it is accessible to all employees and citizens. Current Ordinance Attachment 5 From Article II of the Orange County Personnel Ordinance 3.0 RECRUITMENT AND SELECTION 3.1 Purpose Amended To establish a procedure for recruitment and selection 10/1/91 to fill vacancies in all permanent positions, both Full Time and Part Time. 3.2 Policy Amended Orange County is an Equal Opportunity/Affirmative 10/1/91 Action Employer. It is the policy of Orange County to ensure that recruitment and selection for permanent positions, both Full Time and Part Time is centralized and/or coordinated through the Personnel Department to guarantee equal employment opportunity to all persons without regard to race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation and Vietnam-Era or disabled veteran status as provided in law. In accordance with the law, the County has adopted an Affirmative Action Plan governing minorities, women and the handicapped. 3.2.1 It is the policy of the County not to practice or permit discrimination in employment on the basis of age. Any applicant may be considered for appointment as a permanent employee that is age 18 or older, unless otherwise designated. 3.2.2 It is the policy of the County to ensure that all vacancies are posted and processed in accordance with this procedure, thereby providing opportunities for upward mobility and/or lateral movement for permanent employees within the County' s organizational structure. 3.2.3 When a current employee applying for a vacant position possesses the best qualifications of all applicants, the employee will be appointed to that position. However, if the County would continue any past discriminatory employment practices by automatically promoting or 20 transferring the current employee without considering other applicants, then the County must carefully consider the qualifications of other applicants in filling this position. 3.2.4 It is the policy of the County to employ according to merit and fitness. It is the policy of Orange County to use all appropriate means to attract qualified candidates for employment, and to make such investigations and examinations as are deemed appropriate to assess fairly the aptitude, education and experience, fitness, and other qualities required for positions in the service of the County. 3.2.5 The Board of Commissioners may freeze any position which is vacant for budget purposes. 3.3 Internal Recruitment Procedure Recruitment for all positions not filled by promotional eligibility, and are not frozen. 3.3.1 To initiate recruitment for a new or vacated position, the Department Head shall forward to the Personnel Director notification of any anticipated or current vacancies in authorized positions as provided by the classification plan and the budget. 3.3.2 The Personnel Director shall review the requisition and verify proper classification. 3.3.3 All available positions shall be advertised on a Job Posting list published by the Personnel department that shall be distributed internally to each department where it is to be posted immediately at work sites by Department/ Divisions in a prominent location for employee viewing. Vacancies are posted at all times in the Personnel Department. 3.3.4 Internal recruitment shall begin immediately for permanent positions. Immediate internal recruitment shall be waived for the following: - entry level positions at or below salary grade 54 - intra-departmental promotion part-time or temporary employment 3.3.5 The County Manager may waive the one week internal recruitment process for positions that 21 qualified applicants are difficult to recruit, for Affirmative Action purposes, or for emergency situations. In such cases, Open Recruitment will apply. 3.3 .6 Internal recruitment shall be in effect a minimum of five (5) workdays from the Job Posting publication date. 3 .3.7 Temporary employees are not considered as internal candidates. 3.3.8 Selected internal applicants shall normally provide at least two (2) weeks notification of termination to respective departments. 3.4 Open Recruitment Procedure If internal announcements do not produce sufficient qualified applicants, open recruitment including newspaper advertisement and other listings, shall be conducted as follows: 3.4.1 Open recruitment shall begin immediately if the vacancy is temporary, part-time or at entry level not providing promotional opportunities. 3.4.2 Employment advertisements will contain the statement of "Orange County is an Equal Opportunity/Affirmative Action Employer" . 3.4.3 Open recruitment should not exceed ten (10) workdays from the advertisement date unless an extended time is approved by the Personnel Director. 3.4.4 All persons expressing interest in employment with Orange County will be given the opportunity to submit a completed official County application form to the Orange County Personnel Department on or before the established closing date. 3.4.5 The Personnel Department may investigate any statement contained in the application, and obtain evidence regarding the applicant' s suitability for employment. The Personnel Department will perform reference checks on applicants being considered for employment, no other unauthorized person will be allowed to make reference checks. 3 .4.6 A person may be disqualified as an applicant by the Personnel Department under any of the following conditions: 22 a) The applicant lacks any of the preliminary requirements for the class or position; b) The applicant has been convicted of a crime of a nature which would arouse serious public doubt as to suitability to assume the responsibilities of the class; c) The applicant has made a false statement of material fact in application; d) The applicant has previously been dismissed from any public service for delinquency, misconduct or other similar causes; e) The applicant has used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment; f) The applicant has failed to submit an official application correctly or within the prescribed closing date; g) The applicant has directly or indirectly obtained information concerning any required examination to which an applicant is not entitled; h) The applicant has failed to sign the application. 3.4.7 Conflicting employment - no employee shall hold any office or maintain other employment which may conflict with the employment in a local government agency; 3.4.8 No unsolicited referrals by private employment agencies will be accepted; 3.4.9 Qualified internal applicants who apply at this time shall be referred. 3.4.10 The Personnel Department shall receive and screen all applications for employment. 3.4.11 All recruitment, advertising and testing shall be administered by, coordinated through, or approved by, the Personnel Department. 3.4.12 Tests administered by Orange County or by the North Carolina Employment Security Commission for the County will be only those that will be appropriately validated. All tests given to applicants will be administered and evaluated by qualified employees, or by the Employment Security Commission. 23 3.4. 13 The Personnel Department shall refer to the hiring department a specified number of applicants whose education, training, experience and other merit factors are best suited for the position when compared with all applicants. Criteria for comparison are based upon minimum requirements as provided in position specifications. The County' s Affirmative Action commitments and the hiring department' s standing with regard to reasonable representation by protected groups shall be considered during this process. 3.4.14 The hiring department shall review applications, conduct interviews, and make selections from only those applicants referred by the Personnel Department. 3.4.15 All selection related activities will be conducted within the boundaries of the County. 3.5 Job Offer Procedure All hiring departments shall complete and return the following forms to the Personnel Department: 1. A written notice detailing reasons for selection and non-selection of all applicants that were referred. 2 . All applications of rejected applicants. 3. A completed Personnel Action Form and attached application of successful applicant. 3.5.1 The Personnel Department will: 1. Receive, check and approve Personnel Action Forms. 2 . Notify the successful applicant and make a job offer. 3. Notify all rejected applicants by letter. 4 . Forward an Employment Agreement Letter to the successful applicant which contains notification of employment, listing terms of employment, position classification, salary, reporting date, location of work site, and fringe benefits. Employment is contingent upon the employee signing and returning the . Employment Agreement Letter. 3.5.2 Assist departments with selection decisions. 24 3.5.3 Sign in new employees by appointment: 1. Explain County rules, regulations, procedures and benefits. 2. Complete necessary forms - insurance, retirement, tax, etc. 3.6 Elected Officials Amended 11/6/89 Notwithstanding the requirements and entitlements of the Pay Plan, the Position Classification Plan, the Classification and Salary Plan, and any other provisions of this Ordinance, the salary, allowances and other compensation of the Register of Deeds and the Sheriff shall be fixed and established from time to time by the Board of Commissioners as provided by N.C. General Statutes 153A-92. 9.0 TRANSFER PROMOTION EMPLOYEE DEVELOPMENT SYSTEM 9.1 EMER2Ag The Transfer Promotion Employee Development System provides opportunities for upward mobility and for lateral movement to permanent employees within the County's organizational structure as openings become available. It offers special encouragement to underemployed persons and assists employees affected by layoffs to relocate to other County positions. 9.2 E2142Y Decisions relating to transfers, promotions, and employee development should be based on the overall performance and potential of the employee. Evaluation shall be systematic and objective, and guidance shall be provided for development of the employee as an individual. Efforts should be devoted to improving effectiveness of employees, assessing training needs, and planning training opportunities. 9.3 Procedure 9.3.1 When it is practicable and feasible, a vacancy should be filled by promotion from among the eligible permanent employees within a department subject to limitations as outlined in Article 25 9.3.2 If promotion results by movement to another position the candidate must possess the minimum training and experience for the class. If the promotion results from the present position being reclassified to a higher classification, the employee may be promoted by waiver of the stated education and experience requirements. 9.3.3 Any employee in the County service who has successfully completed the probationary period may be transferred. An employee interested in a position listed on a Job Posting List (Article II Section 2.3) should make such interest known by completing an Application for Job Posting and submitting it to the Personnel Department before the established closing date according to procedures established in Internal Recruitment. Lateral Transfers may be initiated by the County or by the employee. 9•4 Employees will be provided every reasonable means to succeed on the job and will be given opportunities to prepare for full use of all talents and potential. On- the-job training will be provided to prepare employees to meet the full requirement of new jobs. 9.5 Employees who would like to discuss career goals/opportunities should contact the Orange County Personnel Department. Current Ordinance 26 Attachment 6 From Article II of the Orange County Personnel Ordinance 5.2 lDcrary APDointment Amended 5.2.1 A temporary appointment may be made for six 8/1/92 calendar months or less. The Department Head may extend the temporary appointment for six additional months. A temporary appointment may not extend beyond one year except as provided in Items 5.2.2 and 5.2.3 below. 5.2.2 With the County Manager's advance approval, the department head may extend a temporary appointment beyond one year when the employee regularly works 15 or less hours each workweek (as averaged on a monthly basis) . In urgent circumstances where additional hours are necessary to continue critical services, the County Manager may approve additional hours in writing. For this purpose, critical services includes such services as public safety and top priority goals of the County. 5.2.3 A temporary appointment may extend beyond one year when the employee is working under an established academic internship program or work study program. 5.2.4 A temporary appointment may be made to a temporary position or to a permanent position such as on a fill-in basis for an employee on leave.