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HomeMy WebLinkAboutAgenda - Item 8-q - Amendment to the Code of Ordinances Regarding Retiree Health Insurance, Anniversary Leave and Merit Pay ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2018 Action Agenda Item No. 8-q SUBJECT: Amendment to the Code of Ordinances Regarding Retiree Health Insurance, Anniversary Leave and Merit Pay DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: 1. Draft Ordinance 2. Adoption Resolution Brenda Bartholomew, (919) 245-2552 John Roberts, (919) 245-2318 PURPOSE: To consider authorizing an amendment to Chapter 28 of the Code of Ordinances related to retiree health insurance, anniversary leave and merit pay. BACKGROUND: The Manager recommended and the Board of Commissioners agreed to make changes to allow the continuance of retiree health insurance if a retiree elects to work for another local government, adding eight hours annually of “anniversary leave” for permanent employees, and adding Merit Pay to employee base salaries permanently. Currently if a retiree goes to work for another local government in a position that offers group health insurance, the retiree’s County-provided insurance is discontinued and the retiree cannot regain access to that insurance. This change to 28-36(b)(7) will allow the retiree to elect to accept the other local government’s coverage or remain with the County’s coverage. It will also allow the retiree to regain access to the County’s coverage if the retiree initially selects the other local government’s coverage and that coverage is subsequently terminated. Currently Merit Pay, 28-61, is only offered as a one-time annual award based on employee performance. This change will add Merit Pay to an employee’s base salary equal to the hourly rate of the award. Anniversary Leave, 24-34(i) will be added to the Ordinance as a form of reward for service for permanent employees. Eight hours will be awarded on the anniversary date of permanent full time employees and a pro-rated number of hours will be added for permanent part-time employees. Once awarded this leave will be considered annual leave and will not increase, but will remain a flat eight hours or pro-rated number of hours for permanent part-time employees. As a purely technical correction section, 28-34(c)(2) is presented for amendment to correct minor discrepancies between the Ordinance language regarding hours accrued and the actual mathematical leave calculations of KRONOS, the County’s primary workforce management software. Amending this chart will bring the Ordinance totals in line with KRONOS calculations. 1 FINANCIAL IMPACT: There is no financial impact for FY 2018-19. Merit Pay applied to employee base salaries will compound each fiscal year thereafter. Currently, Merit Pay is approximately $750,000 each fiscal year. SOCIAL JUSTICE IMPACT: The following two Orange County Social Justice Goals are 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. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. RECOMMENDATION(S): The Manager recommends the Board approve and authorize the Chair to sign the resolution adopting the ordinance detailing the amendments. 2 ORD-2018-027 Attachment 1 Amendments to Chapter 28 of the Code of Ordinances Section 28-34 is amended by changing the chart values in subsection (c)(2) and adding a new subsection (i) as follows: Sec. 28-34. - Annual leave. (c)(2) The earning rate for a Permanent, Provisional, or Time-Limited Full Time employee regularly scheduled to work 40 hours each workweek is as follows: Total Years of Orange County Service Annual Leave Hours Earned Per Pay Period Per Year Less than 2 4.84 125.84 2 but less than 5 5.58 145.08 5 but less than 10 6.68 173.68 10 but less than 15 7.80 202.80 15 but less than 20 8.90 231.40 20 or more 10.02 260.52 (i) Anniversary Leave – Additional Annual Leave (1) An additional eight hours of annual leave for all permanent employees shall be awarded on an employee’s anniversary date, prorated for permanent part-time employees based on an employee’s full time equivalent. (2) Anniversary leave is defined as an additional eight hours of annual leave and may be used in the same manner as annual leave. Anniversary leave is not earned based on years of service as shown in Section 28-34 (c)(2). (3) There is not a separate leave category for “anniversary leave” that allows employees to request “anniversary leave.” Once awarded anniversary leave is treated as, and added to, annual leave. Section 28-36 is amended by changing the language in subsection (b)(7) as follows: Sec. 28-36. – Health Insurance (b)(7) Eligible Retiree Returning to Work in NC Local Government. If the retiree returns to work with another North Carolina Local Government employer in a position which offers group health insurance coverage (whether the employee elects it or not), Orange County cancels the retiree's health insurance coverage through Orange County and such coverage may not be reinstated. If a retiree returns to work with another North Carolina Local Government employer in a position that offers group health insurance coverage, the retiree may elect coverage at another local government or continue coverage with Orange County. If a retiree chooses to elect coverage at another local 3 government and its coverage is terminated; coverage may be reinstated with Orange County. The County Manager shall establish a policy of guidelines and criteria for eligibility and reinstatement of such coverage. Sec. 28-61 is deleted in its entirety and replaced with: Sec. 28-61. - Meritorious service awards. (a) Merit Pay (1) Subject to the Board of Commissioners’ annual approval of funding, the dollar amount of the award shall be as reflected in the annual operations budget. (2) Effective July 1, 2018, Merit Pay will be awarded as part of an employee’s annual salary. (3) Merit Pay, if awarded, will be effective on an employee’s Performance Evaluation Date which in most cases will coincide with an employee’s original date of hire or anniversary date. If an employee’s current Performance Evaluation Date is different than an employee’s original date of hire; an employee will be evaluated at the current Performance Evaluation Date not the original date of hire or anniversary date. (4) If an employee’s salary goes over the maximum salary within the respective grade salary range, the hourly rate will be applied and the salary will be over the maximum salary. (5) Merit Pay, if awarded, is to be added to the base salary of an employee’s salary equal to the hourly rate of the amount awarded. (6) Merit Pay is subject to required statutory deductions, including federal and state income tax withholding, social security, and retirement. (7) The County Manager shall establish a policy of guidelines and criteria determining eligibility for Merit Pay and processes for the review and final approval of Merit Pay. 4 RES-2018-046 Attachment 2 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 28 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: WHEREAS, the Board of Commissioners has determined a change is necessary to the applicability of retiree health coverage necessitating an amendment to the Personnel Ordinance; and WHEREAS, the Board of Commissioners has determined a change is necessary to the structure and applicability of merit awards requiring an amendment to the Personnel Ordinance. NOW THEREFORE BE IT ORDAINED, that the Code of Ordinances, Orange County, North Carolina, Chapter 28, is hereby amended by amending sections §28-36 and §28-61, which amended sections read as shown in the attached revised Personnel Ordinance. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 19th day of June, 2018. By: Attest: _______________________________ _________________________________ Mark Dorosin, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL] 5