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HomeMy WebLinkAboutAgenda 06-18-19 Item 8-i - Resolution Adjusting the Salaries of the Sheriff and Register of Deeds ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2019 Action Agenda Item No. 8-i SUBJECT: Resolution Adjusting the Salaries of the Sheriff and Register of Deeds DEPARTMENT: Human Resources ATTACHMENT(S): Proposed Resolution North Carolina General Statute 153A-92 Orange County Code of Ordinances Article II, Section 28-13 (o) INFORMATION CONTACT: Brenda Bartholomew, Human Resources Director, (919) 245-2552 PURPOSE: To approve a resolution providing notice of adjustment of the salaries of the Sheriff and Register of Deeds positions. BACKGROUND: As authorized by the North Carolina General Statutes § 153A-92 and the Orange County Code of Ordinances Article II Section 28-13 (o), the Board of Commissioners may adjust salaries, allowances and other compensation for the Sheriff and Register of Deeds positions. North Carolina General Statute § 153A-92 states that the Board of Commissioners shall fix or approve the schedule of pay, expense allowances, and other compensation of all county offices and employees, whether elected or appointed, and may adopt position classifications plans. Sheriff Charles Blackwood has 36 years of Orange County service and has served as Sheriff since December 1, 2014. Mark Chilton took office as the Register of Deeds on December 1, 2014 and has served four years. The Manager recommends a salary increase for both elected incumbents based on Orange County service years and the scope of duties and responsibilities of a serving elected official. A salary increase of $20,963 is recommended for Sherriff Blackwood, establishing an annual salary of $142,954. A salary increase of $11,619 is recommended for Mark Chilton, resulting in an annual salary of $95,673. The effective date for the increases is July 1, 2019, and any wage adjustments recommended by the Manager and/or approved by the Board for FY 2019-20 would not apply to these two positions. FINANCIAL IMPACT: The annual salary and fringe benefits financial impact is $39,196. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY 1 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 that the Board adopt the attached resolution, with the salary increases becoming effective July 1, 2019, and the positions not being subject to any wage increase approved by the Board for FY 2019-20. 2 RES-2019-045 ORANGE COUNTY BOARD OF COMMISSIONERS Resolution Adjusting the Salary of the Sheriff and Register of Deeds The Orange County Board of Commissioners as authorized by North Carolina General Statutes 153A-92 and Article II, Section 28-13 (o) of the Orange County Code of Ordinances proposes to set the salaries of the Sheriff and Register of Deeds as provided below effective July 1, 2019. The salary of Sheriff Charles Blackwood is $142,954, the maximum salary assigned to Salary Grade 31 of the Orange County Classification and Pay Plan to reflect his 36 years of service with Orange County Sheriff's Office and his years serving as the elected Sheriff of Orange County. The salary of Mark Chilton is $95,673, within the salary range of a Grade 31 reflective of his years serving as the elected Register of Deeds. All other compensation elements including expense allowances are as set forth in the Orange County Code of Ordinances. The compensation of the Sheriff and Register of Deeds may be subject to change accordingly to the Orange County Classification and Pay Plan pursuant to Performance Reviews conducted by the Chair of the Board of Commissioners or where that Plan prescribes changes in salaries or as otherwise changed by Resolution of the Board of Commissioners. Any wage adjustments approved by the Board for FY 2019-20 do not apply to these two positions. Therefore, it be resolved that the compensation of the Sheriff and the Register of Deeds be granted as proposed within this resolution. This the 18th day of June 2019. 3 North Carolina General Statutes § 153A-92 Compensation (a) Subject to the limitations set forth in subsection (b) of this section, the board of commissioners shall fix or approve the schedule of pay, expense allowances, and other compensation of all county officers and employees, whether elected or appointed, and may adopt position classification plans. (b) In exercising the authority granted by subsection (a) of this section, the board of commissioners is subject to the following limitations: (1) The board of commissioners may not reduce the salary, allowances, or other compensation paid to an officer elected by the people for the duties of his elective office if the reduction is to take effect during the term of office for which the incumbent officer has been elected, unless the officer agrees to the reduction or unless the Local Government Commission pursuant to Chapter 159, Article 10, orders a reduction. (2) During the year of a general election, the board of commissioners may reduce the salary, allowances, or other compensation of an officer to be elected at the general election only in accordance with this subdivision. The board of commissioners shall by resolution give notice of intention to make the reduction no later than 14 days before the last day for filing notice of candidacy for the office. The resolution shall set forth the reduced salary, allowances, and other compensation and shall provide that the reduction is to take effect at the time the person elected to the office in the general election takes office. Once adopted, the resolution may not be altered until the person elected to the office in the general election has taken office. The filing fee for the office shall be determined by reference to the reduced salary. (3) If the board of commissioners reduces the salaries, allowances, or other compensation of employees assigned to an officer elected by the people, and the reduction does not apply alike to all county offices and departments, the elected officer involved must approve the reduction. If the elected officer refuses to approve the reduction, he and the board of commissioners shall meet and attempt to reach agreement. If agreement cannot be reached, either the board or the officer may refer the dispute to arbitration by the senior resident superior court judge of the superior court district or set of districts as defined in G.S. 7A-41.1 in which the county is located. The judge shall make an award within 30 days after the day the matter is referred to him. The award may extend for no more than two fiscal years, including the fiscal year for which it is made. 4 (4) The board of commissioners shall fix their own salaries, allowances, and other compensation in accordance with G.S. 153A-28. (5) The board of commissioners shall fix the salaries, allowances and other compensation of county employees subject to the North Carolina Human Resources Act according to the procedures set forth in Chapter 126. The board may make these employees subject to a county position classification plan only as provided in Chapter 126. (c) In counties with a county manager, the manager is responsible for preparing position classification and pay plans for submission to the board of commissioners and for administering the pay plan and any position classification plan in accordance with general policies and directives adopted by the board. In counties without a county manager, the board of commissioners shall appoint or designate a personnel officer, who shall then be responsible for administering the pay plan and any position classification plan in accordance with general policies and directives adopted by the board. (d) A county may purchase life insurance or health insurance or both for the benefit of all or any class of county officers and employees as a part of their compensation. A county may provide other fringe benefits for county officers and employees. In providing health insurance to county officers and employees, a county shall not provide abortion coverage greater than that provided by the State Health Plan for Teachers and State Employees under Article 3B of Chapter 135 of the General Statutes. (1927, c. 91, s. 8; 1953, c. 1227, ss. 1-3; 1969, c. 358, s. 1; c. 1017; 1973, c. 822, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 122; 2013-366, s. 2(b); 2013-382, s. 9.1(c).) 5 Sec. 28-13. - Recruitment and selection. (o) 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. (Ord. of 06-07-1976, eff. 08-01-76; Amend. of 11-6-89 Art. II § 4.0, eff. 11-6-89; Amend. of 09- 17-91, eff. 10-1-91; Amend. 11-3-99, eff. 11-3-99) 6