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HomeMy WebLinkAboutORD-2020-019 Resolution to Adopt Juneteenth as a County Holiday 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 1, 2020 Action Agenda Item No. 6-b SUBJECT: Resolution to Adopt Juneteenth as a County Holiday DEPARTMENT: Human Resources ATTACHMENT(S): INFORMATION CONTACT: Commissioner Renee Price, (919) 245- Resolution Designating Juneteenth as an 2126 Official County Paid Holiday Brenda Bartholomew, Human Resources Governor's Proclamation Director, (919) 245-2552 Orange County Code of Ordinance Travis Myren, Deputy County Manager, Section 28-33. - Holidays and Holiday (919) 245-2300 Pay PURPOSE: To adopt Juneteenth as a paid holiday for Orange County Government thus providing an opportunity to cherish freedom, but also poignantly acknowledge the history of slavery in the country. BACKGROUND: Many people in the United States recognize Juneteenth as the holiday that celebrates Emancipation Day, the day in history when the last state ratified the Emancipation Proclamation. This date marks the time when African Americans in Texas received notice from President Abraham Lincoln that slavery had been abolished, a declaration that was codified in the 13t" Amendment of the Constitution of the United States of America. June 19th also marks the day that African Americans in the southern states exercised independence from those who benefitted from their labors in the founding of this nation. The journey of African Americans represents both great achievements and great hardship, and the nation continues to witness the injustice of the African American journey. This injustice has existed far too long. This Juneteenth celebration weighs heavily on hearts and minds in the aftermath of the murder of George Floyd in 2020, and is a reminder of others who have not been treated equally under the law. The Governor of the State of North Carolina encourages people to observe Juneteenth as an opportunity to reflect, rejoice, and plan for a brighter future as society continues to address racial injustices. Juneteenth is not a federal holiday, but many states and the District of Columbia recognize it as a state or ceremonial holiday. 2 Juneteenth will be observed on June 19' each year. If June 19t" falls on a Saturday, the holiday will be observed on Friday, June 18t", and if June 19t" falls on a Sunday, the holiday will be observed on June 20t" FINANCIAL IMPACT: The total annual cost for FY2020-2021 for permanent salaries, social security, Medicare and retirement is $63,733,708. A daily cost of $245,129. The financial impact of adding an extra holiday (changing from a regular workday to a holiday) is on average approximately $61,000. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this 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. ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal impacts associated with this abstract. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the proposed Resolution recognizing June 19, Juneteenth, as a paid holiday for Orange County government employees effective upon approval by the Board, and approve the atached revision to Article IV — Employee Benefits Section 28-33 — Holidays and Holiday Pay of the Orange County Code of Ordinances. RES-2020-045 3 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING JUNETEENTH AS AN OFFICIAL COUNTY PAID HOLIDAY WHEREAS, on January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, a document that declared: "all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free;" and WHEREAS, the Emancipation Proclamation, primarily a wartime measure, intentionally excluded people in the slave-holding border-states and the areas of the Confederacy that already had come under Union control; and WHEREAS, on April 9, 1865, General Robert E. Lee surrendered to United States General Ulysses S. Grant at the Appomattox Court House in Virginia, and on April 26, 1865, US Major-General W. T. Sherman and General Joseph E. Johnston finalized the terms of surrender at the Bennett Farm House in Orange County [now Durham]; and WHEREAS, on June 10, 1865, Major General Gordon Granger was given command of the Department of Texas, and on June 19, 1865, two and one-half years after the signing of the Emancipation Proclamation, the Union soldiers led by Major General Granger arrived at Galveston, Texas with the long-awaited news that the Civil War had ended and that enslaved people were now free; and WHEREAS, upon his arrival in Galveston, Major General Granger read General Order Number 3, which began: "The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer"; and WHEREAS, Juneteenth — also known as Freedom Day, Jubilee Day, Liberation Day, and Emancipation Day — has become a special day among African Americans to celebrate the day when all the enslaved sons and daughters of Africa in America realized their freedom; and WHEREAS, only the State of Texas currently recognizes Juneteenth as an official state holiday; and WHEREAS, in June 2010, Governor Beverly Eaves Perdue proclaimed the observance of Juneteenth in North Carolina, and on June 19, 2020, Governor Roy Cooper proclaimed Juneteenth Day in North Carolina; and WHEREAS, members of the United States Congress, including Senator Kamala Harris of California and Senator Cory Booker of New Jersey, recently have introduced legislation to recognize Juneteenth as a federal holiday; NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners hereby designates Juneteenth as an official County paid holiday, thus providing the opportunity for employees and the community-at large to join together with 4 the descendants of enslaved Africans to observe the end of slavery and the liberation of all people in the United States of America; and BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners urges state and federal legislators to sponsor legislation making Juneteenth an official state and federal holiday; and BE IT MOREOVER RESOLVED, that the Orange County Board of Commissioners directs the Clerk to the Board's Office to forward a copy of this resolution to the Chapel Hill Town Council, the Carrboro Town Council, the Hillsborough Board of Commissioners, the Chapel Hill Carrboro City Schools Board of Education, and the Orange County Schools Board of Education. This the 1 st Day of September, 2020. Penny Rich, Chair Orange County Board of Commissioners 5 "�tate of Kiart4 Cfariatilta ROY COOPER GOVERNOR JUNETEENTH DAY 2020 BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA A PROCLAMATION WHEREAS,on September 22. 1862.President Abraham Lincoln issued the Emancipation Proclamation,declaring that as of January 1. 1863.all slaves in the rebellious states would be then. thenceforward.and forever free;and WHEREAS,it took almost three more years of conflict and loss to bring about the end of the Civil War and in December 1865.the Thirteenth Amendment to the United States Constitution was nationally ratified. ending the sanctioned institution of slavery_and WHEREAS,the news of freedom disseminated gradually throughout the nation;on June 19. 1865, Union Soldiers,led by General Gordon Granger,arrived in Galveston,Texas and issued General Order No.3 announcing freedom to some of the last enslaved people in America;and WHEREAS,June 19.or Juneteenth,became nationally recognized as National Freedom Day, commemorating the abolition of sanctioned slavery in the United States:and WHEREAS,on this anniversary each year,organizations and individuals throughout North Carolina and our nation celebrate African American heritage,history.freedom,and culture with events and ceremonies that reflect the power of community,family,art,and tradition in the face of oppression;and WHEREAS,the State of North Carolina encourages people to observe Juneteenth as an opportunity to reflect,rejoice,and plan for a brighter future as we continue to address racial injustices in our society today; NOW,THEREFORE,I.ROY COOPER.Governor of the State of North Carolina,do hereby proclaim June 19,2020,as"JUNETE)ENTH DAY"in North Carolina,and commend its observance to all citizens. Itoy Coolfer Governor IN WITNE S WHEREOF,1 have hereunto set my hand and affixed the Great Seal of the State of North Carolina at the Capitol in Raleigh this sixteenth day of June in the year of our Lord two thousand and twenty and of the Independence of the United States of America the two hundred and forty-fourth. 6 ORD-2020-019 Sec. 28-33. - Holidays and holiday pay. This policy covers the observance and payment of holidays. (a) Holidays. (1) Orange County grants 12 holidays each year as follows: a. New Year's Day b. Martin Luther King, Jr.'s Birthday c. Easter Holiday d. Memorial Day e. Juneteeneth Day f. Independence Day g. Labor Day h. Thanksgiving Day i. Day after Thanksgiving j. Christmas (3 days) (b) Holiday Schedule. The holiday schedule is issued on a calendar year basis to each department head. Department heads post and advise employees of the holiday schedule. (c) Holiday Pay. (1) The County provides Holiday Pay for Permanent employees, both Full Time and Part Time (regularly scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. (2) Temporary employees do not receive pay for a holiday not worked. (3) Holiday Pay is the equivalent of the straight time pay for the employee's regular daily work hours. Examples For an employee regularly scheduled to work: Holiday Pay is the straight time equivalent of: 8 Hours 8 Hours 12 Hours 12 Hours 4 Hours 4 Hours (4) To be eligible to receive Holiday Pay, the employee must be in pay status the day before and the day after the holiday. (5) The County Holiday Schedule is set for those permanent employees whose regular work schedule is Monday through Friday. When a County Holiday falls outside the employee's 7 regular work schedule, the employee receives Holiday Pay for the Holiday which falls outside of the work schedule and does not receive time off. In this way, each eligible employee receives the 12 authorized holidays. Example: Bernice Jones, Deputy Sheriff, is scheduled to work Tuesday through Saturday. The Memorial Day holiday falls outside of her work schedule. She does not work on Memorial Day. She receives Holiday Pay for the Memorial Day holiday and does not receive time off on another date. (6) Holidays which occur during an employee's Sick Leave or Vacation Leave are not charged as Sick or Vacation Leave. Exception: For an EMS or Sheriffs Department employee, approved leave is required for any absence on a scheduled holiday and such leave is paid in addition to holiday pay. (7) Holiday Pay is not included in any lump sum payment to an employee for accumulated Vacation Leave upon separation. (d) Compensation for Holiday Worked. (1) The department head approves in advance that the employee's services are required on any scheduled holiday. (2) Each eligible non-exempt employee under the Federal Fair Labor Standards Act (FLSA) who is required to work on a holiday receives Holiday Pay as well as compensation for the hours worked on the holiday. Compensation for hours worked on a holiday normally is as pay. Example: Bob Smith, Telecommunicator, is regularly scheduled to work 12 hours each workday. Mr. Smith is required to work 12 hours on Independence Day. He receives: -12 hours pay for the 12 hours worked on the holiday and -Holiday Pay (equivalent to 12 hours straight time pay)for the holiday. The Department Head may allow the employee to elect time off in lieu of pay if department operating requirements permit. Any such time off must be taken by the end of the calendar year or it is paid. (3) If the hours worked on the holiday are less than the employee's regularly scheduled hours, the employee is compensated for the regularly scheduled hours. Example: Bob Smith, Solid Waste Collector, is regularly scheduled to work eight hours each workday. Mr. Smith is required to work six hours on Independence Day; that is, two hours less than his regular work schedule. He receives: -Eight hours pay for the six hours worked on the holiday and -Holiday Pay (equivalent to eight hours straight time pay)for the holiday. (4) In urgent operating circumstances, the Manager may authorize pay for holiday work as provided in Subsection 28-21 for an eligible FLSA exempt employee. (5) Holiday Pay is a separate consideration from and has no bearing on overtime pay. An eligible employee who works on a holiday receives Holiday Pay and compensation for the hours worked as noted in Subsections 28-33(d)(2) and 28-33(d)(3). In addition, he or she receives overtime pay for which eligible, if any. 8 (Ord. of 06-07-1976, eff. 08-01-1976; Amend. of 01-04-1993, Art. IV § 4.0, eff. 01-10-1993; Amend. [ofJ 03-20-2001, eff. 03-20-2001)