HomeMy WebLinkAboutCooperative Extension Memorandum of Understanding with NC Cooperative Extension 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 9, 2007
Action Agenda
Item No.
SUBJECT: Cooperative Extension Memorandum of Understanding
DEPARTMENT: N.C. Cooperative Extension PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Dr. Fletcher Barber, Jr., 245-2051
N.C. Cooperative Extension
Memorandum of Understanding Document
PURPOSE: To provide the Board of Commissioners with an explanation of the
Memorandum of Understanding between Orange County and the North Carolina Cooperative
Extension Service, North Carolina State University.
BACKGROUND: In September 2006, a new Memorandum of Understanding was developed
and distributed to each County Manager and County Extension Director in the State. This
Memorandum of Understanding is to be signed by both the Chair of the Orange County Board of
Commissioners and the Director of the North Carolina Cooperative Extension Service.
This document serves as the structure of the cooperative relationship created between local,
state, and federal government committed to bringing research-based knowledge from North
Carolina State University and North Carolina A&T State University to the citizens of each
county, the Cherokee.Reservation, and the entire state of North Carolina through North Carolina
Cooperative Extensionr(NCCE).
For over two years, a team representing the North Carolina Association of County
Commissioners (NCACC), the North Carolina Cooperative Extension Program at North Carolina
A&T State University and the North Carolina Cooperative Extension Service at North Carolina
State University, has met regularly to identify each entities' needs and concerns as it relates to
the operation of the partnership, as well as to scrutinize the underlying Memorandum of
Understanding document itself. Through those meetings, the team collaboratively updated the
document for a more effective Memorandum of Understanding that is simultaneously reflective
of the strong, collaborative partnership.
2
A significant change in the Memorandum of Understanding is that it begins to move all
Cooperative Extension employees to one uniform payroll system. The new document requires
all newly hired Cooperative Extension employees to be paid through either NCSU or NCA&TSU.
This process is called "send-in". The majority of current Cooperative Extension employees are
designated as "regular", meaning that they are paid through the County. The current "regular"
employees have the option of converting to "send-in"; however a majority have noted a desire to
remain as "regular".
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Manager recommends that the Board Chair sign the new
Memorandum of Understanding, maintaining Orange County Cooperative Extension staff as
"regular" employees.
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County Manager's Office Copy
5rxff UNIVERSITY
NC A&T S-F4TE UNIVERSFFY
ERATIVE
AIIIIIIIIIII EXTENSION
Helping People Put Knowledge to Hlark
MEMORANDUM OF
UNDERSTANDING
Between
The Board of County Commissioners
and
The North Carolina Cooperative Extension Service
North Carolina State University
and
The North Carolina Cooperative Extension Program
North Carolina AT State University
CEMEMr 3
r
AT AS ORIGINAL,
PREAMBLE
The North Carolina Cooperative Extension The primary purpose of North Carolina Cooper-
Service (NCCES) was established as a part of ative Extension is to provide the people of North
the College of Agriculture and Life Sciences Carolina with the most current and relevant un-
of North Carolina State University (NCSU) biased research-based information—particularly
by federal and state legislation for the specific that which is related to strengthening the econ-
purpose of"extending" the educational servic- omy through profitable, sustainable and safe
es of the University to the people of the state food, forest and green industry systems; to pro-
on subjects related to agriculture and natural tecting the environment and natural resources;
resources, family and consumer sciences, 4-H and to empowering youth and families to lead
and youth development, and community and healthier lives and become community leaders.
rural development. The laws creating the This is accomplished by Cooperative Extension
Cooperative Extension Service were spe- employees who are charged with carrying out
cifically designed to assure that the find- the extension education programs of the uni-
ings of research in these areas are com- versity and the U.S. Department of Agriculture.
municated to the people of the state.
Cooperative Extension has sufficient flexibility to
Under the Federal Appropriations Act of 1972, permit attention to the special problems, needs
funds were provided to the 1862 land-grant and interests of the citizens and leadership in each
universities (NCSU) to enhance the exten- county. Therefore,the programmatic,personnel
sion outreach of the 1890 universities, which and funding complement reflects the unique
included North Carolina A&T State Univer- needs of each county. County Advisory Coun-
sity (NCA&T). The Food and Agriculture Act cils are consulted on a regular basis to assist in
of 1977 further stipulated that these funds prioritizing the county educational program con-
be appropriated directly to the 1890 institu- tent. Program clientele or recipients of services
tions, and formalized the North Carolina Co- include individuals,families,communities,mu-
operative Extension Program (NCCEP) as nicipalities, agricultural and seafood process-
an official part of the School of Agriculture ing and marketing firms, other businesses and
and Environmental Sciences at NCA&T. certain organizations. This includes work with
adults and youth in both urban and rural settings.
While representing two separate Universi-
ties, the North Carolina Cooperative Exten- To assure that educational programs offered by
sion Service (NCSU) and the North Carolina Cooperative Extension meet the needs of local
Cooperative Extension Program (NCA&T) clientele, it is important that both elected and
work together to better serve the people of appointed decision makers at each level of gov-
the State through the delivery of locally rel- ernment understand their respective responsibil-
evant programs, education and expertise. ities and relationships in the conduct and funding
of this work.To this end,the following portions
Legislation, further provided for a coopera- of this Memorandum of Understanding will de-
tive relationship among three levels of gov- tail the individual relationships and mutually
ernment federal, state, and county—to ensure agreed upon responsibilities of NCSU,NCA&T
that the needs of all three levels are addressed. and each county that signs this agreement.
TREAT AS ORIGINAL
Part to
The North Carolina Cooperative Extension Service and
the North Carolina Cooperative Extension Program will:
1. Establish minimum requirements and qualifications for employment in Extension work.
2. Receive and examine applications for employment.
3. Interview and screen applicants to determine their qualifications and availability.
4. Consult with the Board of County Commissioners, or the County Manager as designee,
regarding qualified applicants for appointment to vacant or new Extension positions.
5. Consult with the Board of County Commissioners, or the County Manager as designee,
regarding the salaries of all Extension employees, including County Extension Directors,
Extension Agents, Extension Paraprofessionals, Extension Secretaries, and any other
Cooperative Extension-based positions.
6. Determine jointly with the County Board of Commissioners, or the County Manager as
designee, the share of salaries to be paid by each and provide the University share of these
salaries.
7. Prepare and submit an annual budget to the Board of County Commissioners,or the County
Manager as designee, for securing the county's share of funds for salaries and operating
expenses each fiscal year.
8. Provide funds for official travel necessary to conduct Extension work to the extent that funds
are available and for purposes authorized by state and federal policies.
9. Provide Extension employees with funds for postage,bulletins,leaflets and other publications
for delivering Extension programming and conducting regular business.
10. Accept responsibility and provide the leadership for administration and supervision for
Extension programs and personnel, including compliance with affirmative action and equal
employment opportunity requirements.
11. Develop and administer a personnel management plan that will provide the annual review
of each worker's performance, counseling for job improvement where needed, and periodic
county program reviews.
12. Provide a staff of specialists to train agents in current technology and other changes affecting
agriculture and natural resources, family and consumer sciences, 4-H and youth, and
community and rural development and to assist them in conducting work in these areas.
13. Provide Extension workers with training programs as needed to maintain effective program
delivery.
14. Seek regular input from the County and maintain a County Advisory Leadership System to
ensure that county Extension programs are based on the particular needs of people in their
respective county.
TREAT AS ORIGINAL
15. Prepare and submit a"Report to the People" to the Board of Commissioners, or the County
Manager as designee, at least annually, informing the Board or Manager of Extension
programs and work accomplished.
Part 11.
The Board of County Commissioners will:
1. Provide the County's share of salaries and benefits for Extension personnel.
2. Comply with the State of North Carolina's Worker's Compensation Act,N.C.General Statute
§ 97-2(2).
3. Provide offices, equipment, utilities, telephones, office supplies, instructional materials and
other items needed for efficient operation of the County Extension Center and program; and
comply with the accessibility provisions of the Americans with Disabilities Act.
4. Review and consider the annual budget request from NCCES/NCCEP, and take appropriate
action by July 1 of each fiscal year.
5. Provide regular input to the District and County Extension Directors on the particular needs
of people in their respective county to help ensure that county Extension programs are based
on specific needs and meet county programming plans.
Part III.
The North Carolina Cooperative Extension Service, the North
Carolina Cooperative Extension Program, and the Board of County
Commissioners mutually agree:
1. That all county Extension employment appointments and separations will be made in
consultation between NCCES, NCCEP, or both (based on funding of the position), and the
Board of County Commissioners, or the County Manager as designee, and that no official
action related to such appointments or separations will be taken by either parry regarding
appointment or separation prior to discussion of the matter with the other parry.
2. That the Board of County Commissioners and NCCES/NCCEP shall each be responsible for
compliance with applicable laws and regulations relating to their respective operations.
3. To cooperate in applying affirmative action and equal employment opportunity plans of
NCCES/NCCEP.
4. That the policies established by the State of North Carolina under N.C. General Statute §126
and followed by the UNC System be used in granting and administration of leave related
to the earning rates, transfer policies, payout computation and timing, and administration
of vacation, sick, civil, community involvement, military, Family and Medical Leave,
Family Illness Leave, leaves of absence,and other approved leave programs for Cooperative
Extension personnel. Educational leaves of absence for EPA employees provided under
Universi olic will be reviewed in consultation with the County.
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5. That Extension employees will follow county policies relative to office hours, office closings
for inclement weather and holidays, and for the management and use of county property.
6. That Extension employees will not be classified under a county classification system.
7. Send-in Provisions of the Cooperative Arrangement
7.1. Transitioning to Send-In
7.1.1.All new hires to Cooperative Extension beginning January 1,2007,and thereafter,
will be covered under the "send-in" payroll arrangement provisions as outlined
below.
7.1.2.All current Extension employees in non-send-in payroll arrangements as of October
1, 2006, will have two open-window options in which to convert from "non-
send-in" (also known as "regular") to "send-in" per their respective individual
choices. There will be two annual conversion windows in which the employees
will make their choice. These two annual windows will coincide with the annual
NC Flex open-enrollment dates for 2006 and 2007 as published by NC Flex.
Employees must communicate their desire to change to "send-in" by submitting
an official request form available from the College of Life Sciences Personnel
Office at NCSU or NCCEP Administrative office. The change will be effective
January 1 of the year following the communication of their choice, either 2007 or
2008. The employee must utilize the NC Flex open-enrollment period to change
any applicable benefits except for retirement contributions and health insurance.
Outside of these two specific open-enrollment periods, current employees will
(1) remain in their respective county's payroll arrangement for the remainder of
their employment in their respective county, or(2) change to "send-in"under the
provisions outlined in 7.1.3. or 7.1.4. below.
7.1.3.Effective January 1, 2007, and thereafter, all current Extension employees
transferring between counties into other Extension positions will be converted to
"send-in"upon transfer to the new County.
7.1.4.NCCES/NCCEP will review the total population of non-send-in employees
across the state annually each March 1. At such time that the total number of
Extension employees across the State falls to or below 50, irrespective of the
individual count in any one county, all remaining non-send-in employees will be
converted to "send-in" effective January 1 of the next year. NCCES/NCCEP will
notify in writing the respective Boards and County Managers by May 1, so that
arrangements can be considered in time for the changing fiscal years beginning
July 1.
7.2. Establishing Accounts to Operationalize the Send-In Process
To operationalize the "send-in" payroll arrangement, NCCES/NCCEP will establish a
Trust Fund Account for the County at NCSU/NCA&T that will serve as the vehicle for
the transfer of funds from the County to NCSU/NCA&T for use in paying the county's
agreed-upon share of salary and benefits for Extension personnel.
7.2.1.Procedure for Providing Funds to the Account
A State Treasurer's Electronic Payment System(STEPS) form will be completed
and the original submitted to the Associate Director of Cooperative Extension
via the appropriate District Extension Director. The County Finance Officer,
TREAT AS 0"RIGINAL
or the designated County representative, will receive notification from
the NCSU College of Agriculture and Life Sciences Personnel Office
or the NCA&T Personnel Office prior to the University's payroll date,
generally the last working day of each month, advising the amount due
for the current payroll. Within 5 business days following the payday, the
respective University will draft against the County's established trust
account in the amount communicated.
7.2.2.Administration of the Account
The trust account will be maintained in accordance with the respective
NCSU or NCA&T accounting policies and procedures. The trust account
will be audited and reconciled by the NCSU College of Agriculture and
Life Sciences Business Office or the NCA&T College of Agriculture
and Environmental Sciences Business Office, respectively, to ensure the
month-end account balance remains zero.
7.3. Employee Benefits
7.3.1.Retirement Benefits
All "send-in" Extension Personnel will participate solely in either the
North Carolina Teachers and State Employees Retirement System and
accompanying North Carolina Disability Income Plan, or the Optional
Retirement Plan, based on eligibility criteria established by the State.
They will be eligible solely for respective NCSU or NCA&T employee
benefits for which they qualify based on their appointment and FTE, and
former federal appointees will maintain federal benefits, the employer-
paid parts of which will be paid for solely by NCSU or NCA&T.
7.3.2.Taxes and Fringe Benefits
The County will be responsible for providing their proportional share
of fringe benefits for all send-in Extension personnel, including but not
limited to the following:
7.3.2(a) Employer contributions to all applicable Federal and State
taxes.
7.3.2(b) Employer contribution to the State Retirement System per
N.C. General Statute §135, or to the Optional Retirement Plan
per N.C. General Statute §135-5.1.
7.3.2(c) Employer contribution to the Health Insurance matching
charges per N.C. General Statute §135.
7.3.3.Workers' Compensation will be administered pursuant to N.C. General
Statute §97-2(2).
7.3.3(a) The County will provide full and direct coverage for those
employees subject to the County workers' compensation
insurance within the county insurance program. Employees for
whom the County will maintain workers'compensation coverage
are the following:
7.3.3(a)(1)All secretarial and any other positions designated as
SPA(subject to the State Personnel Act); and
7.3.3(a)(2)All Program Assistants/Associates who are not funded
TREAT AS ORIGINAL
by directly allocated federal funds such as EFNEP, or Program
Assistants/Associates who are paid in part by EFNEP funds but
which account for less than 50% funding.
7.3.3(b)NCSU/NCA&Twill provide full and direct coverage for their respective Extension
employees subject to the respective University's workers'compensation insurance
within the respective University's insurance program. Extension employees for
whom the respective University will maintain workers'compensation coverage are
the following:
7.3.3(b)(1)All County Extension Directors and Extension Agents.
7.3.3(b)(2)Ali Program Assistants or Associates who are funded by directly
allocated federal funds such as EFNEP, or Programs Assistants or
Associates who are paid in part by EFNEP funds at equal to or more
than 50% funding.
7.3.4. NCSU/NCA&T will process severance pay under reductions-in-force (RIFs) as
approved under Office of State Personnel guidelines for County-based employees
subject to the State Personnel Act (SPA) and unemployment compensation as
mandated by the State.
7.3.5.The County will pay its proportional share of annual/vacation leave, up to a
maximum of 240 hours per the OSP and/or UNC System guidelines,and any bonus
leave balance as explicitly approved per each county per year granted, upon an
employee's separation.
7.3.6.T Cou will ay its opo nal re�ate 1 gev for"A plo s
ID e ell e-�e, /upon 3em yee ervlc nmv sary d ��
7.3.7.The County will pay its proportional share of any accrued "extra" time (hour-for-
hour) or overtime (1.5 hour-for-hour) to Extension employees that are subject to
Fair Labor Standards Act or North Carolina Wage and Hour Act upon an employee's
earning anniversary date or as due to the employee at the time of separation.
NCSt� 7.4 Optional County-paid Salary Increases or Bonuses to Extension Personnel
At their discretion, Counties may award additional permanent salary increases or one-
time pay awards to Extension Personnel. If this is so desired by the County under the
"send-in" payroll arrangement, this action must be communicated to the appropriate
_ District Extension Director's office no later than the first of any month in which the
sLk desired increase or bonus is to be applied.
TRMT AS ORIGINAL6
8. Optional Lock-in Provision
This section, if enacted by separate signature of the County, effects an optional "lock-in"
agreement between the County and NCSU/NCA&T for Extension personnel. The "lock-in"
provision establishes constants to be maintained over the course of the agreement for cost-share
percentages.
8.1 Salary Adjustments for SPA Employees under the Lock-in Provision
County and NCSU/NCA&T will fund salary adjustments and increases so that the funding
percentages agreed upon in the lock-in section below are maintained.The full compensation
plan for state employees as approved by the General Assembly will serve as the basis for
compensation adjustments and both the County and NCSU/NCA&T will adhere to the lock-
in plan's effective dates and implementation instructions. Extension personnel receiving
salary from grant funds will be governed by the terms and conditions of the applicable grant
within the scope and applicability of NCSU/NCA&T personnel policies governing grants.
These compensation components include,but are not limited to:
8.1.1. Across-the-board adjustments,
8.1.2. Cost-of-living adjustments (COLA),
8.1.3. Merit adjustments,
8.1.4. Bonuses (in any form conveyed), and
8.1.5. Promotion, classification, market, or equity adjustments.
8.2. Salary Adjustments for EPA Employees under the Lock-In Provision
County and NCSU/NCA&T will fund salary adjustments and increases so that the funding
percentages agreed upon in the lock-in section below are maintained. The full compensation
plan for University employees as approved by the General Assembly and implemented by
the Office of the President, University of North Carolina System, will serve as the basis for
all compensation adjustments and both the County and NCSU/NCA&T will adhere to the
plan's effective dates and implementation instructions. Extension personnel receiving salary
from grant funds will be governed by the terms and conditions of the applicable grant within
the scope and applicability of NCSU/NCA&T personnel policies governing grants. These
compensation components include,but are not limited to:
8.2.1. Across-the-board adjustments,
8.2.2. Cost-of-living adjustments (COLA),
8.2.3. Merit adjustments,
8.2.4. Bonuses (in any form conveyed), and
8.2.5. Promotion, classification, market, or equity adjustments.
8.3. Enacting the Lock-in Provision
By signing at this section separately, the County and NCSU/NCA&T shall adhere to the
following provisions, guidelines, and procedures.
Salary and Benefits
Salaries and benefits, as delineated above in 7.3, may be split on the basis of either(Option
A) type of employee (EPA and/or SPA), or(Option B) individual position.
The County and NCSU/NCA&T agree on the following proportional salary and benefits
funding percentages, applicable throughout the duration of this Memorandum of
Understanding:
_TREAT AS ORIGINAL
8.3. Option A.
All EPA employees % County %NCSU/NCA&T
All SPA employees % County %NCSU/NCA&T
* any position added to this county's staff of Extension Personnel subsequent to the
effective date of this Agreement will adhere to the above percentages.
Board Chair or County Manager Signature Printed Name Title Date
Signature for Option A Lock-in Provision ONLY
OR
8.3. Option B. Each position shared per the list of detailed percentages below:
%County %NCSU/NCA&T
%County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
% County %NCSU/NCA&T
any position added to this county's staff of Extension Personnel through mutual
agreement between the County and NCSU/NCA&T subsequent to the effective date
of this Agreement will document the funding splits in correspondence between this
County and NCSU/NCA&T, and will become a part of this Agreement.
Board Chair or County Manager Signature Printed Name Title Date
Signature for Option B Lock-in Provision ONLY
9. A semi-annual meeting will be convened to maintain communication of ideas,developments,
concerns and changes within the scope of the Counties and Cooperative Extension relationship.
Members of the committee will include representatives of the North Carolina Association
of County Commissioners (NCAAC), representatives from County Governments as
recommended by the NCAAC, and administrators and designees of Cooperative Extension.
We are in agreement with the above description of the responsibilities and relationships, and that
this Memorandum of Understanding may be reviewed at any time. Each party is responsiblefor all
actions for which they have sole responsibility or.for which they take unilateral action.
Signatures of the persons below authorize execution of this document, commencing on
(date), and continuing year-to-year, unless otherwise terminated in writing by either party under
notification to the other party no less than one-hundred twenty (120) days prior to the desired
termination date. Termination of this agreement shall have the effect of withdrawal of Cooperative
Extension activities and programs in the County.
G�
Signature: Date:
Chairperson or Designee
Board of C n Commissioners
� � sZ.,• County
Signature: Date: I0/04(t-:'167
Director
North Carolina Cooperative Extension Service
North Carolina State University
a
Signature: �_ Date:
Administrator
North Carolina Coo erative Extension Program
North Carolina A&T State University
Signature: �jlJ Date; (0 - "2A
Dea)]
College of Agriculture and Life kiences
North Carolina State University
Distributed in furtherance of the Acts of Congress of Mays and June 30,1914.North Carolina State University and North Carolina A&T State University commit themselves to positive action
to secure equal opportunity regardless of race,color,creed,national origin,religion,sex,age,or disability.In addition,the two Universities welcome all persons without regard to sexual
orientation.North Carolina State University,North Carolina A&T State University,U.S.Department of Agriculture,and local governments cooperating.
TUAT
S ORIGINAL
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