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HomeMy WebLinkAboutAgenda 09-04-2025; 8-j - Approval of Revisions to the Orange County Code of Ordinances Section 28 - Personnel 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 4, 2025 Action Agenda Item No. 8-j SUBJECT: Approval of Revisions to the Orange County Code of Ordinances Section 28 — Personnel DEPARTMENT: Human Resources ATTACHMENT(S): INFORMATION CONTACT: Attachment 1: Clean Copy and Red-lined Brenda Bartholomew, Human Resources Versions of Recommended Director, 919-245-2550 Revisions PURPOSE: To approve recommended revisions to the Orange County Code of Ordinances Chapter 28 — Personnel. BACKGROUND: Section 28-6 of the Orange County Code of Ordinances provides the County Board of Commissioners with the responsibility in part for approving personnel ordinances. The following sections of the Personnel Ordinance are proposed for revision and consideration by the Board for approval: Article II. Recruitment and Selection — Section 28-12 Sexual Harassment The purpose of the revisions within this section is to broaden the scope of the policy to include workplace harassment. Article III. Conditions of Employment — Section 28-27 Workplace Violence Prevention The purpose of the revisions within this section is to update reporting requirements and responsibilities of directors, supervisors, and employees. Further to include defining uncivil behavior within the policy. Article IV. Employee Benefits — Section 28-36 Health Insurance The purpose of the revisions within this section is defining more appropriately county, employee and retiree contribution responsibility and defining the eligibility of a retiree returning to work in North Carolina Local Government. Article IX. Separation and Disciplinary Action — Section 28-92 Disciplinary Action The purpose of the revisions within this section is to refer to a pre-disciplinary conference instead of a pre-dismissal conference to not presume that dismissal is forthcoming as the outcome of a disciplinary conference. Further to make revisions based on consistent practice in the implementation of this ordinance. FINANCIAL IMPACT: There is no financial impact associated with this item. 2 ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 2. HEALTHY COMMUNITY OBJECTIVE 5. Invest in, support, train, and retain our community safety, health, and emergency services employees and direct care workforce. RECOMMENDATION(S): The Manager recommends that the Board approve the proposed revisions to the Orange County Code of Ordinances Chapter 28 — Personnel. 3 ORD-2025-030 Attachment 1 Sec. 28-12. Workplace harassment. (a) General. Every person is entitled to the right to work in an environment free from the damaging effects of unlawful harassment,including sexual harassment.Therefore, it is the policy of Orange County Government that unlawful harassment will not be tolerated.Orange County affirms its commitment to take appropriate action against individuals engaging in unlawful harassment,and against supervisory and managerial personnel who knowingly allow it to continue. (b) Definition. Workplace harassment infringes on an employee's right to a safe and secure work environment. This policy prohibits harassment in the workplace as related to a person's race, religion,color, national origin,disability,age,sexual orientation,or any other basis prohibited by law, including sexual harassment. Orange County will take appropriate action to address any violations of this policy Harassment includes any unwelcome verbal, physical and visual conduct intended to demean, ridicule, degrade,offend,or intimidate another person. (1) Conduct constitutes workplace harassment when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment;or b. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such an individual;or C. 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. (2) Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. 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. (c) Complaint Procedure. (1) Any employee or applicant who feels they have been the subject of workplace harassment or any employee who has witnessed an incident of workplace harassment should make an immediate report to the Orange County Human Resources Director,without fear of retaliation. a. The Human Resources Department is located at 131 W. Margaret Lane,3rd Floor, Hillsborough, NC 27278. b. Use of this compliant process does not preclude anyone from filing a complaint with an outside agency such as the United States Equal Employment Opportunity Commission. (2) Orange County will not permit retaliation of any kind against anyone who makes or purses a complaint of workplace harassment,or against anyone who participates in an investigation of a complaint. (3) This complaint procedure is intended to ensure that concerns about harassment are addressed uniformly and directly,and that complaints are investigated in a matter fair to all involved parties. (d) Complaint Review. (1) When any grievance or complaint of workplace harassment is received,a prompt and impartial investigation will be made.The investigation will include including a review of the entire record and the totality of the circumstances to determine if any sexual harassment occurred, including, but not limited to questions to the complainant,the alleged offender,and any witnesses. 4 (2) All information provided by the complainant,and the investigation that follows,will be handled with the utmost discretion possible under the circumstances. However,complete confidentiality may not be possible. (3) Orange County prohibits any interference,coercion, restraint or reprisals towards any person complaining of workplace harassment or towards any person participating in an investigation of workplace harassment. (4) Relevant results of the investigation will be communicated to the complainant and the alleged offender(s)as quickly as possible. Human Resources provide a written response to the complainant detailing whether an investigation has been conducted,and if any further action has been taken. (5) Appropriate action will be taken against any person violating this policy including penalties provided by law.Subsequent review will be taken to ensure that all harassment has ceased. (e) Employee Responsibility. (1) Each County employee is responsible for conducting themselves in a manner that contributes to a work environment free of workplace harassment. (2) Each supervisor is responsible for assuring that they maintain a work environment free of workplace harassment. (f) Disciplinary Action.Any County employee found to have engaged in workplace harassment is subject to appropriate disciplinary action, including dismissal as provided in the Orange County Code of Ordinances Section 28 Article IX. (g) Communications. This ordinance will be distributed to all existing employees, included in new employee orientation, distributed in workplace harassment trainings,and publicized in internal employee publications. All employees, regardless of position,will be expected to attend one of the Orange County approved training sessions for instruction on identifying and addressing incidents of harassment in the workplace. (Ord.of 06-07-1976,eff.08-01-1976:Amend. of 10-18-1994,Art. II §2.0,eff. 12-01-1194) Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 2 of 2 5 Sec. 28-12. I-Workplace harassment. (a) General. Every person is entitled to the right to work in an environment free from sexual haFassmeRtthe damaging effects of unlawful harassment, including-Ssexual harassment constitutes unlawful elmse.;.. .Rabe, OR the basis of se) Therefore, it is the policy of Orange County Government that unlawful harassment will not be tolerated. Orange County affirms its commitment to take appropriate action against individuals engaging in unlawful harassment,and against supervisory and managerial personnel who knowingly allow it to continue. (b) Definition. Workplace harassment infringes on an employee's right to a safe and secure work environment. This policy prohibits harassment in the workplace as related to a person's race, religion,color, national origin, disability, age, sexual orientation, or any other basis prohibited bV law, including sexual harassment. Orange County will take appropriate action to address any violations of this policV Harassment includes any unwelcome verbal, physical and visual conduct intended to demean, ridicule, degrade, offend, or intimidate another person. (1) I-Inviele-A-Me Sexual advaRces, Fecluests for sexual f-ave-F-s ;;Rel. Athp.r ve.rhal or physical GORCII 14 Of a i -a+„+ r^Conduct constitutes ;P workplace harassment when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment;or b. Submission to or rejection of such conduct by an individual is used as tl�e-a_basis for employment decisions affecting such an individual;or C. 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. (2) Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. 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. (c) Complaint Procedure. (1) Any employee or applicant who feels"^^r ;hethey have been the subject of workplace 65 beiRg subjeeted to sexual harassment or any employee who has witnessed an incident of workplace harassment should make an immediate report to the Orange County Human Resources Director, without fear of retaliation.m Faise a GeMplaiRt r'eetl y'. a. The Human Resources Department is located at 131 W. Margaret Lane, 3rd Floor, Hillsborough, NC 27278. b. Use of this compliant process does not preclude anyone from filing a complaint with an outside agency such as the United States Equal Employment Opportunity Commission. (2) Orange County will not permit retaliation of any kind against anyone who makes or purses a complaint of workplace harassment,or against anyone who participates in an investigation of a complaint. (3) This complaint procedure is intended to ensure that concerns about harassment are addressed uniformly and directly, and that complaints are investigated in a matter fair to all involved parties. Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 1 of 2 6 %Vith the suiperviser as Step 1 of the QraRge County GrievaRce Procedure, if the superviser is not .,lyPd ir.the e plaiRt (See Article VIII of this Or.Ji.,-Rce ) E. With the Engpl.,yee Relatie—Rs Offi,-er iR the!lr-,Rge Ce Rty ReFSE),-Rel Depart.,-eRt (d) Complaint Review. (1) When any grievance or complaint of sexual workplace harassment is received,a prompt and impartial investigation i-s-will be made.The investigation will include;including a review of the entire record and the totality of the circumstances to determine if any sexual harassment occurred, including, but not limited to questions to the complainant,the alleged offender, and any witnesses. (2) All information provided by the complainant, and the investigation that follows,will be handled with the utmost discretion possible under the circumstances. However,complete confidentiality may not be possible. (3) Orange County prohibits any interference,coercion, restraint or reprisals towards any person complaining of sera-workplace harassment or towards any person participating in an investigation of workplace harassment. (4) Relevant results of the investigation will be communicated to the complainant and the alleged offender(s) as quickly as possible. Human Resources provide a written response to the complainant detailing whether an investigation has been conducted, and if any further action has been taken. (5) Appropriate action will be taken against any person violating this policy including penalties provided by law. Subsequent review will be taken to ensure that all harassment has ceased. (e) Employee Responsibility. (1) Each County employee is responsible for conducting he n-self er her- 'fthemselves in a manner that contributes to s^ to centrih,ite+^a work environment free of ;e)(I lal workplace harassment. (2) Each supervisor is responsible for assuring that he er she main they maintains a work environment free of seal workplace harassment. (f) Disciplinary Action.Any County employee found to have engaged in sexual workplace harassment is subject to appropriate disciplinary action, including dismissal as provided in the Orange County Persen;,e! Code of Ordinances.-Section 28{x^Article IX.� (g) Communications. o^rseRnel plains the -,I h-.FassmeRt policy to each r pl.,yee On the New newsletter^r^+her�.This ordinance will be distributed to all existing employees, included in new employee orientation, distributed in workplace harassment trainings, and publicized in internal employee publications.All employees, regardless of position,will be expected to attend one of the Orange County approved training sessions for instruction on identifying and addressing incidents of harassment in the workplace. (Ord.of 06-07-1976,eff.08-01-1976:Amend. of 10-18-1994,Art. II §2.0,eff. 12-01-1194) Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 2 of 2 7 Orange County Guidelines for Managing and Reporting Workplace Violence General Guidelines: 1 . Remain sensitive in your contact with the public and other employees to avoid becoming involved in an argument. 2. When confronted with potentially violent behavior in the workplace, use the following two-stage response plan to appropriately manage the situation. Activate Stage One (Caution) When: • There is a known history or potential for violence • In cases of verbal abuse, harassment/intimidation • In cases where nonverbal signals indicate a potential for violence Stage One Response: Provides that another employee join you during your interaction with the potentially violent individual, or in some way interrupts the interaction. Stage One Code Word: "Yellow File" Activate Stage Two (Warning) When: • Any threat of violence is made, or • An act of violence involving injuries, weapons, or destruction of property occurs Stage Two Response: Provides that 9-1-1 is activated to respond to the threat or act of violence as appropriate. Stage Two Code Word: "Red File" 3. Advise a person who becomes verbally abusive that verbal abuse will not be tolerated and that the conversation will be discontinued if the person fails to conduct business at hand in a reasonable manner. If harassment or verbal abuse continues, or if the contact escalates into an argument and shouting, leave the scene immediately, without further comment, and go to a safe location and out of sight of the individual. Activate a Stage Two Response if necessary. 4. Advise the person who has a weapon on Orange County property that Orange County prohibits weapons on County property and he or she must leave. If he or she does not leave, activate Stage Two. 5. When working in the field, anticipate that the unexpected may happen and formulate a tentative plan of action. (In certain instances, this may require involving law enforcement.) Always notify your supervisor where you will be and how long you expect to be there. In cases of physical assault while on the lob: Your goal, if attacked, is to immediately leave the scene, move to a safe location and call 911 . The supervisor should be immediately notified and should take steps to assure the safety of other employees. 8 Reporting Procedures: 1 . Report any incident of workplace violence to your supervisor or department director. 2. The supervisor or department director is responsible for ensuring the following incidents are appropriately reported: • All incidents involving a Stage Two Response • All incidents of verbal abuse or harassment/intimidation 3. For any incident involving a non-employee as the alleged perpetrator, a Workplace Violence Reporting Form should be completed and sent to the Risk Manager in the Finance and Administrative Services Department. 4. For any incident involving an employee as the alleged perpetrator, the report should be made directly to an HR Manager or the HR Director in the Human Resources Department. If you ever have concerns about a situation that may turn violent, alert your supervisor immediately and follow the specific reporting procedures provided by your workplace. It is better to err on the side of safety than to risk having a situation escalate. The following are warning indicators of potential workplace violence: • Intimidating, harassing, bullying, belligerent, or other inappropriate and aggressive behavior • Numerous conflicts with customers, coworkers, or supervisors • Bringing a weapon to the workplace (unless necessary for the job), making inappropriate references to guns, or making idle threats about using a weapon to harm someone • Statements showing fascination with incidents of workplace violence, statements indicating approval of the use of violence to resolve a problem, or statements indicating identification with perpetrators of workplace homicides • Statements indicating desperation (over family, financial, and other personal problems) to the point of contemplating suicide • Direct or veiled threats of harm • Substance abuse • Extreme changes in normal behaviors Once you have noticed a subordinate, coworker, or customer showing any signs of the above indicators, you should take the following steps: • If you are a coworker, you should notify the employee's supervisor immediately of your observations. • If it is a customer, notify your supervisor immediately. • If it is your subordinate, then you should evaluate the situation by taking into consideration what may be causing the employee's problems. • If it is your supervisor, notify that person's manager. It is very important to respond appropriately; that is, not to overreact but also not to ignore a situation. Sometimes that may be difficult to determine. Managers should discuss the situation with expert resource staff to get help in determining how best to handle the situation. 9 Sec. 28-27. Workplace violence prevention. (a) Purpose. It is the policy of Orange County to provide all employees a safe and healthy work environment free from violence. (1) It is the responsibility of each employee to contribute to the safety of their work environment. Engaging in workplace violence or activities that may provoke work-place violence is not tolerated. (2) To facilitate workplace safety and violence prevention,the County has established this Workplace Violence Prevention policy. In addition,the County provides employees with guidelines to follow when responding to workplace violence and training to educate employees in prevention of workplace violence. (b) Coverage.This policy applies to all full-time and part-time Orange County employees with permanent, probationary,trainee,time-limited permanent,or temporary appointments.This policy applies to the conduct of an employee while functioning in the course and scope of employment as well as off-duty violent conduct that has a potential adverse impact on the ability of employees to perform the assigned duties and responsibilities of their positions. (c) Responsibilities. (1) Employee. Each employee is responsible for: a. Following established guidelines for workplace violence prevention. b. Immediately reporting any knowledge of a current or potential incident of workplace violence to their supervisor or Director. (2) Department Director/Supervisor. Department directors and supervisors are responsible for: a. Following the guidelines for workplace violence prevention. b. Reporting to the Risk Manager or Human Resources Director any knowledge of a current or potential incident of workplace violence involving any person (employee or non-employee). C. Communicating the Workplace Violence Prevention Policy and Workplace Violence Prevention guidelines to employees. (3) Risk Manager and Human Resources Director are responsible for: 1. Establishing and maintaining the workplace violence prevention policy and guidelines. 2. Reviewing and facilitating the evaluation of all incident reports of workplace violence. 3. Initiating any necessary changes to enhance workplace safety and communicating the planned changes to involved employees. 4. Planning and coordinating training for department directors,supervisors and employees in building understanding of what workplace violence is and how to recognize and respond to a potentially violent or threatening incident. 5. Communicating to directors,supervisors,and employees the County's policies and guidelines relating to workplace violence prevention. 6. Coordinating investigation of any report of workplace violence with law enforcement, if appropriate. 7. Assessing the vulnerability to workplace violence and making recommendations on preventive actions. Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 1 of 2 10 8. Reviewing and responding to any workplace violence incidents as necessary. (d) Definitions. Harassment/Intimidation includes, but is not limited to,stalking or engaging in actions intended to frighten or coerce. Harassment/intimidation also may include uncivil behavior,such as spreading gossip, being rude, bullying,or undermining someone's work. Physical Attack is unwanted or hostile physical contact such as hitting,fighting, pushing,shoving or throwing objects at a person. Prohibited Weapons. A firearm;an explosive,corrosive, inflammable or radioactive substance or any instrumentality of mass death and destruction;a knife(other than a pocket knife with a blade not exceeding four inches long which provides for its point and cutting edge to be entirely enclosed by its handle and which may not be opened by any throwing,explosive or spring action) not furnished or approved by the employee's department for the accomplishment of the job; and any other object used or which reasonably could be used to cause bodily harm.A small container of tear gas, pepper spray,or mace used or intended to be used for personal defense is not a prohibited weapon for the purposes of this policy. Threat is an expression or action showing intent to inflict harm.This includes the giving of signs or warnings of violence.An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to the overt or subtle nature of the expression. Workplace Violence includes, but is not limited to,verbal abuse, harassment, intimidation,threats, physical attack,carrying or possession of a prohibited weapon or inflicting property damage as a result of an intentional act. (e) Retaliation.This Ordinance prohibits retaliation against any employee who, in good faith, reports a violation of this Ordinance. Every effort will be made to protect the safety and anonymity of anyone who comes forward with concerns about a threat or act of violence.All incident reports shall be confidential and released only as required by law. (f) Disciplinary Action.A violation of this policy may be considered serious personal misconduct as provided in Chapter 28 of the Orange County Code of Ordinances and subject to disciplinary action, up to and including dismissal from employment. (Ord.of 06-07-1976,eff.08-01-1976;06-30-1997,Art. III §9.0,eff.06-30-1997) Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 2 of 2 11 Sec. 28-27. Workplace violence prevention. (a) Purpose. It is the policy of Orange County to provide all employees a safe and healthy work environment free from violence. (1) . It is the responsibility of each employee to contribute to the safety of t#e-their work environment. "I�e Orange CE)YR+„employee may eRgageLEng2aginL in workplace violence or activities that may provoke work-place violence is not tolerated. Each employee shall report weri(place. elence-,.,,- ha.ndle .,fl,,.+S r t; (2) To facilitate workplace safety and violence prevention,the County has established this Workplace Violence Prevention policy. In addition,the County provides employees with guidelines to follow when responding to workplace violence and training to educate employees in prevention of workplace violence. (b) Coverage.This policy applies to all full-time and part-time Orange County employees wither permanent, probationary,trainee,time-limited permanent,or-ar+d temporary appointments.This policy applies to the conduct of an employee while functioning in the course and scope of employment as well as off-duty violent conduct that has a potential adverse impact on the ability of employees to perform the assigned duties and responsibilities of their positions. (c) Responsibilities. (1) Employee. Each employee is responsible for: a. Following established guidelines for workplace violence prevention. b. Immediately Rreporting any knowledge of a current or potential incident of workplace violence tomo or he their supervisor or Director. (2) Department HPADirector Supervisor. Eaeh depaF+ment head andsupei:viseFreSPPR';ihIP forDepartment directors and supervisors are responsible for: a. Following the guidelines for workplace violence prevention. b. Reporting to the Risk Manager or Human Resources Director any knowledge of a current or potential incident of workplace violence involving any person (employee or non-employee).= C. Communicating the Workplace Violence Prevention Policy and Workplace Violence Prevention guidelines to employees. (3) Risk Management DiFe ter(o„r,.haSiR.and Cenral cervices Direeter) Manager and Human Resources Director are responsible for: a The Risk Management Director rihle for: 1. Establishing and maintaining the workplace violence prevention policy and guidelines. 2. Reviewing and facilitating the evaluation of all incident reports of workplace violence. 3. GE)eFeliHating the Violence Assessment Team te review and respend to any ORGidents as may- Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 1 of 3 12 4Initiating any necessary changes to enhance workplace safety and communicating the planned changes to involved employees. 4. 4) PerseRnel Qep@FtmeRrt. (a) The PerseRRel DepaFt ,ter is Fespe-R. s+ble f i_Planning and coordinating training for department beadsdirectors,supervisors and employees in building understanding of what workplace violence is and how to recognize and respond to a potentially violent or threatening incident. 25. Communicating to employees anddirectors,supervisors, and employees the County's policies and guidelines relating to workplace violence prevention. 36. Coordinating+investigation of any report of workplace violence ORVelViRg an eFAple ee with law enforcement, if appropriate. (5) V-ielenee AssessmeR#Team. few 1.7. Assessing the vulnerability to workplace violence and making recommendations on preventive actions. -28. Reviewing and responding to any workplace violence incidents as necessary. (d) Definitions. Harassment/Intimidation includes, but is not limited to,stalking or engaging in actions intended to frighten or coerce. Harassment/intimidation also may include uncivil behavior, such as spreading gossip, being rude, bullying,or undermining someone's work. Physical Attack is unwanted or hostile physical contact such as hitting,fighting, pushing,shoving or throwing objects at a person. Prohibited Weapons. A firearm;an explosive,corrosive, inflammable or radioactive substance or any instrumentality of mass death and destruction;a knife(other than a pocket knife with a blade not exceeding four inches long which provides for its point and cutting edge to be entirely enclosed by its handle and which may not be opened by any throwing,explosive or spring action) not furnished or approved by the employee's department for the accomplishment of the job; and any other object used or which reasonably could be used to cause bodily harm.A small container of tear gas, pepper spray,or mace used or intended to be used for personal defense is not a prohibited weapon for the purposes of this policy. Threat is an expression or action showing intent to inflict harm.This includes the giving of signs or warnings of violence.An expression constitutes a threat without regard to whether the party communicating the threat has the present ability to carry it out and without regard to the overt or subtle nature of the expression. Workplace Violence includes, but is not limited to,verbal abuse, harassment, intimidation,threats, physical attack,carrying or possession of a prohibited weapon or inflicting property damage as a result of an intentional act. (e) Retaliation. This Ordinance prohibits retaliation against any employee who, in good faith, reports a violation of this Ordinance. Every effort will be made to protect the safety and anonymity of anyone who comes forward with concerns about a threat or act of violence.All incident reports shall be confidential and released only as required by law. Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 2 of 3 13 (f) Disciplinory Action.A violation of this policy may be considered serious personal misconduct as provided in Chapter 28 of the Orange County Code of Ordinances and subject to disciplinary action, up to and including dismissal from employment. (Ord.of 06-07-1976,eff.08-01-1976;06-30-1997,Art. III §9.0, eff.06-30-1997) Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 3 of 3 14 Sec. 28-36. Health insurance. (a) Employee Group Health Insurance Coverage. Orange County provides group health insurance programs to employees and contributes to the cost of the group health insurance programs as approved by the Board of County Commissioners each year. (b) Eligibility. Permanent and probationary employees are eligible for group health insurance.This includes full-time and part-time employees working at least 20 regularly scheduled hours per workweek. (c) Effective Date. Group health coverage is effective on the first day of the month following the date of hire upon completion of enrollment by the employee. Employees may also select a group health insurance program for coverage of a spouse,dependent child(ren), domestic partner,or family for an additional cost. (d) Termination Date. a. Upon separation from Orange County employment,group health insurance coverage will terminate the last day of the month of the employee's final day of employment. b. Retirees who meet eligibility requirements for retiree health insurance may continue coverage with the group health insurance plan or a Medicare Supplement plan depending on age and Medicare status. C. Employees separating from services for reasons other than retirement will be offered the opportunity to continue benefits under the Consolidated Omnibus Budget Reconciliation Act(COBRA) for up to 18 months. (e) Retiree Health Insurance Coverage.The County provides retirees with the continuation of coverage in the group health insurance plan or a Medicare Supplement plan depending on age and Medicare status and contributes toward the cost of this for eligible retirees.The County does not provide dental or vision coverage to retirees. (1) Employees Eligible. a. To participate in retiree health insurance, an employee must retire from employment with Orange County and request retiree health insurance participation within thirty(30) calendar days of the last date of employment. Eligibility requirements for retirement are defined in Section 28-38 of the Orange County Code of Ordinances: 1. Employed on or before June 30,2012,and meet one of the following criteria: a. Has at least ten years of total Orange County Service as a permanent employee. b. Is age 65 or older and has at least five years of total Orange County Service as a permanent employee. c. Is retiring on a Disability Retirement and has at least five years of total Orange County Service as a permanent employee. 2. Employed after June 30,2012,and meet one of the following criteria: a. Has at least 20 consecutive years of Orange County Service as a permanent employee. Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 1 of 3 15 b. Is age 65 or older and has at least ten consecutive years of Orange County Service as a permanent employee. c. Is retiring on a Disability Retirement and has at least ten consecutive years of Orange County Service as a permanent employee. (f) Retiree Health Insurance Plan Options. 1. For an eligible retiree under age 65. The retiree is covered under one of the County's group health insurance plans.The retiree remains on the County group health insurance plan in which enrolled at the time of retirement. During any subsequent annual enrollment period,the retiree may change to another County health insurance plan as well as add or drop dependents. 2. For any retiree eligible for Medicare due to age or disability. Medicare becomes the primary insurer,and the County becomes the secondary insurer. County group health insurance ends.The retiree enrolls in Medicare Part A and Part B and pays the cost. The County provides Medicare supplement hospitalization and provider insurance and prescription coverage. (g) County Contribution for Retiree Health Insurance. a. Orange County does not subsidize the cost of retiree dependent health care for employees hired after July 1,2008.Orange County subsidizes the cost of retiree health insurance as follows: 1. If hired before July 1, 2008: i.The county contributes 100%of the cost of medical coverage for retirees with 10 or more years of services with retirement age under 65 and contributes 100%for retiree dependent coverage for dependents under age 65. ii. For retirees with disability retirement,the County contributes 50%for retirees with 5 or more years of services and contributes 26%for retiree dependent coverage for dependents under age 65. 2. If hired on or after July 1,2008, but on or before June 30,2012: i.The County contributes 100%of the cost of medical coverage for retirees with 10 or more years of service at retirement. ii.The County contributes 50%towards the cost of medical coverage for retirees aged 65 or over and with 5 to 9 years of services at retirement. iii. For retirees with disability retirement,the County contributes 50%for retirees with 5 or more years of service at retirement. 3. If hired after June 30, 2012: i.The County will contribute 100%of the cost of medical coverage for retirees with 20 or more years of service at retirement. ii.The County will contribute 50%toward the cost of medical coverage for retirees aged 65 or over and with 10 to 19 years of service at retirement. iii. For retirees with a disability retirement,the County contributes 50%for retirees with 10 or more years of service regardless of retiree's age. b. For employees hired on or after July 1, 2012,the County cost may not exceed 50%of the amount it contributes for individual/dependent coverage for current employees.The retiree is responsible for the Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 2 of 3 16 cost for any group health insurance or Medicare supplement coverage for themself or their dependent costing more than the County contribution. If the retiree waives coverage,the County provides no cash payment in lieu of such coverage. (h) Retiree Responsibility for Payment of Premiums. a. The retiree pays Orange County any required premiums monthly.With appropriate notice,the County terminates coverage when premiums are more than 30 days past due.The health insurance provider bills the retiree directly for any Medicare supplement coverage for a dependent. (i) Dependent Under Age 65 at Death of Eligible Retiree. Upon the death of the retiree enrolled in the County retiree health insurance,the County offers a dependent on group health insurance continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act(COBRA). The dependent is eligible for such coverage for up to 36 months(or until attaining age 65) provided the dependent pays the full cost of this coverage. (i) Eligible Retiree Returning to Work in Government. a. If a retiree returns to work after retiring from Orange County with another government employer (federal,state,or local) in a position that offers group health insurance coverage,the retiree must elect coverage at the other government employer. b. If a retiree's coverage is subsequently terminated;coverage may be reinstated with Orange County. c. The County Manager shall establish a policy of guidelines and criteria for eligibility and reinstatement of such coverage. (j) Consolidated Omnibus Budget Reconciliation Act Coverage. a. Under the Consolidated Omnibus Reconciliation Act(COBRA),Orange County continues health care coverage to persons who would otherwise lose coverage under a health care plan due to specific events provided the employee,covered spouse,domestic partner,and/or dependent child agrees to pay,and pays,the cost of this coverage. b. When coverage ceases due to termination or reduction in hours of employment,the employee,covered spouse,domestic partner,and/or dependent child is entitled to up to 18 months of coverage. C. If the employee,covered spouse,domestic partner,or dependent child is determined disabled under Social Security at the time of termination or reduction in hours,they are entitled to purchase coverage for up to 29 months. d. The spouse,domestic partner, or dependent child of an employee is entitled to up to 36 months of coverage if any of the following occurs: i. Death of the covered employee. ii. Divorce or legal separation of the covered employee from the employee's spouse or termination of a domestic partner relationship. iii. A covered employee becomes entitled to Medicare benefits. iv. A covered dependent is no longer a dependent. (Ord.of 06-07-1976,eff.08-01-1976;Amend. of 09-16-1997,Art. IV§7.0,eff.09-01-1997;Amend.of 09-21-2004, eff.01-01-2005;Amend.of 06-24-2008, eff.07-01-2008;Amend.of 06-19-2012,eff.07-01-2012; Res. No. 2018- 046,eff.6-19-2018) Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 3 of 3 17 Sec. 28-36. Health insurance. (a) it as the pelicy of GraRge CBURty tO PFE)Vide peFmaReRt emplayees beth full time and paFt time (reguilaF4y seheduled at least 20 heuFs each weFI(week)With gFGUP health iRSUFaRce.The eest te the empleyee fE)F greup health insuFaRee is determined eaeh yeaF. Empleyees alse have the E)pt;E)R, at additional expense,to cever the empleyee's spouse, depeRdent ehoid(ren), dernestie partner as defiRed on this OrdinaRee, and/a+ family. Employee Group Health Insurance Coverage, Orange County provides group health insurance programs to employees and contributes to the cost of the group health insurance programs as approved by the Board of County Commissioners each year. (b) Eligibility. Permanent and probationary employees are eligible for group health insurance.This includes full-time and part-time employees working at least 20 regularly scheduled hours per workweek. (c) Effective Date. Group health coverage is effective on the first day of the month following the date of hire upon completion of enrollment by the employee. Employees may also select a group health insurance program for coverage of a spouse,dependent child(ren), domestic partner, or family for an additional cost. employment. (d) Termination Date. a. Upon separation from Orange County employment,group health insurance coverage will terminate the last day of the month of the employee's final day of employment. b. Retirees who meet eligibility requirements for retiree health insurance may continue coverage with the group health insurance plan or a Medicare Supplement plan depending on age and Medicare status. C. Employees separating from services for reasons other than retirement will be offered the opportunity to continue benefits under the Consolidated Omnibus Budget Reconciliation Act(COBRA) for up to 18 months. (e) Retiree Health Insurance Coverage.The County provides retirees with the continuation of coverage in the group health insurance plan or a Medicare Supplement plan depending on age and Medicare status health --and contributes toward the cost of this for eligible empleyeesretirees.The County does not provide dental or vision coverage to retirees. (1) Employees Eligible. a. To participate in retiree health insurance, an employee must retire from employment with Orange County and request retiree health insurance participation within thirty(30) calendar days of the last date of employment. Eligibility requirements for retirement are defined in Section 28-38 of the Orange County Code of Ordinances:" o„r..,ar ent Ernpl^„^^ ernpleyed 9 Aelr h.,f.,rP- hu ne 30 2012 is eligible for retiree health o e of he o she retires fr..m Orange County and meets e of the fell.,.. ing criteria: 1. Employed on or before June 30, 2012,and meet one of the following criteria: a. Has at least ten years of total Orange County Service as a permanent employee. b. Is age 65 or older and has at least five years of total Orange County Service as a permanent employee. Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 1 of 5 18 3- c. Is retiring on a Disability Retirement and has at least five years of total Orange County Service as a permanent employee. 2. h. A PermaRent €mp;,,ye employed on er ,f+,,,-Jwly 1, 2012Employed after June 30, 2012, is eligible fE)F Fe+iFee health ; ^if he or she etire fFE)FA QFaRge CO Rty and meets one of the following criteria: Via. Has at least 20 consecutive years of Orange County Service as a permanent employee. b.2.Is age 65 or older and has at least ten consecutive years of Orange County Service as a permanent employee. c.-3-.—Is retiring on a Disability Retirement and has at least ten consecutive years of Orange County Service as a permanent employee. nsyraRee,the eligible retiree must be retiring directly fFem QraRge Geunty and request sueh participation y.4hmn 30 ealeRdaF days ef the last date of (f) Retiree Health Insurance Plan 0ptionsnsAvG4GbIe. 1a. For an eligible retiree under age 65. The retiree is covered under one of the County's group health insurance plans.The retiree remains on the County group health insurance plan in which enrolled at the time of retirement. During any subsequent annual enrollment period,the retiree may change to another County health insurance plan as well as add or drop dependents. 2b. For any retiree eligible for Medicare due to age or disability. Medicare becomes the primary insurer.,and the County becomes the secondary insurer. County group health insurance ends.The retiree enrolls in Medicare Part A and Part B and pays the cost. The County provides Medicare supplement hospitalization and provider insurance and prescription coverage, ,fieri ;^this Ards anr-„ {4} (g) County Contribution for Retiree Health Insurance. a Effeet;.,, i„i., 1, 2004 Orange County v.,+l-I-does not subsidize the cost of retiree dependent health care for employees hired after July 1, 2008.Orange County subsidizes the cost of retiree health insurance as follows: bd For an eligible retiree under Section (b)(1)a.1.,the GOURty subsidizes the cost of retiFee health nsuraRee as fell 1. If hired before July 1, 2008: i.The county contributes 100%of the cost of medical coverage for retirees with 10 or more years of services with retirement age under 65 and contributes 100%for retiree dependent coverage for dependents under age 65. ii. For retirees with disability retirement,the County contributes 50%for retirees with 5 or more years of services and contributes 26%for retiree dependent coverage for dependents under age 65. 2. If hired on or after July 1, 2008, but on or before June 30, 2012: i.The County contributes 100%of the cost of medical coverage for retirees with 10 or more years of service at retirement. ii.The County contributes 50%towards the cost of medical coverage for retirees aged 65 or over and with 5 to 9 years of services at retirement. Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 2 of 5 19 iii. For retirees with disability retirement,the County contributes 50%for retirees with 5 or more years of service at retirement. 3. If hired after June 30, 2012: i.The County will contribute 100%of the cost of medical coverage for retirees with 20 or more years of service at retirement. ii.The County will contribute 50%toward the cost of medical coverage for retirees aged 65 or over and with 10 to 19 years of service at retirement. iii. For retirees with a disability retirement,the County contributes 50%for retirees with 10 or more years of service regardless of retiree's age. Retiree/n.,r,.,r.. pnt HealPla-RRet;ree art Rptirep 6q GFOUP i000% u„-,I Health a i4 -Dependent 65 ar ever Medicare NORe Supplemep,t R„+gree 65 A-Rd eveF MedicaFe ic)07% -Depend nt wndlp—r 695 Supplement GFGHP None Heal n -Dependent 65 or ever Medicare None Supplement retiree,G. Per aR eligible the Ceunty subsidizes the cest r fAll.-w.;- ' Af rptmrpp hpAlth TYA Retree under 65 GreuA �B H^Ri D,-,r,,,r..J.,r,+ .,.J.,r GC rr,,,,r, % amu„-RI C. „ mac R„+mrpp cc -,,,rtAwi-FM x-0,10 c upplemept .n.,r,eRd R. , Rrl„r cc ,ependent 65 eF ever dicaFe Supplemen-t d. Par an eligible Fetiree uindeF SeetieR the County subsidizes the cost ef FetiFee health ' Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 3 of 5 20 RetiFee Health Plan Retiree Dependent TyVe S„p�pjeg � &„n � Rett ee u .,.J.,.CC Group io() B nim"^ uu^-,inn PFeSGFiPtieR Gey&page Disability Retireffle.nt undeF age 65 betweeR 10 Greup LOU None net+Fee 65 aweF with between 10 20 yeaFs n"r e Nene ef total Orange County service Supplement PF pti vrr b. ^diVidua1 dependent eeverage fer eurrent ernpleyees. For employees hired on or after July 1,2012, the County cost may not exceed 50%of the amount it contributes for individual/dependent coverage for current employees.The retiree is responsible for pays the cost for any group health insurance or Medicare supplement coverage for the FetrFeethemself or their dependent costing more than the County contribution. If the retiree waives coverage,the County provides no cash payment in lieu of such coverage. (-5h) Retiree Responsibility for Payment of Premiums for Whieh the Retiree is Responsible. a. The retiree pays Orange County any required premiums monthly.With appropriate notice,the County _terminates coverage when premiums are more than 30 days past due.The health insurance provider bills _the retiree directly for any Medicare supplement coverage for a dependent. (6i) Dependent Under Age 65 at Death of Eligible Retiree. Upon the death of the retiree enrolled in the County retiree health insurance,the County offers a dependent on group health insurance continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act(COBRA). The dependent is eligible for such coverage for up to 36 months(or until attaining age 65) provided the dependent pays the full cost of this coverage. (7i) Eligible Retiree Returning to Work in "', G-Lece l Government. a. If a retiree returns to work after retiring from Orange County with another Ner+h Care-lina Lecal Ggovernment employer(federal,state,or local) in a position that offers group health insurance coverage,the retiree may must elect coverage at anetheF lee,'geveFnment^ Intim-,^ with 9Fa„geGeWRtythe other government employer. b If a retiree eh^^s^-s to eleet eeveFage at „+heF 19eal g n+;;n ;+ s coverage is subsequently terminated;coverage_may be reinstated with Orange County. a-.c. The County Manager shall establish a policy of guidelines and--criteria for eligibility and reinstatement of such coverage. (ei) Consolidated Omnibus Budget Reconciliation Act Coverage. a. Under the Consolidated Omnibus Reconciliation Act(COBRA),Orange County continues healthcare _coverage to persons who would otherwise lose coverage under a health care plan due to specific events _provided the employee,covered spouse,domestic partner,and/or dependent child agrees to pay,and _pays,the cost of this coverage. Created: 2023-12-19 99:11:24 [EST] (Supp.No.14) Page 4 of 5 21 b. (1) When coverage ceases due to termination or reduction in hours of employment,the employee, covered_spouse, domestic partner, and/or dependent child is entitled to up to 18 months of coverage. 94—c. If the employee,covered spouse,domestic partner,or dependent child is determined disabled under Social Security at the time of termination or reduction in hours, he^�s"^ isthey are entitled to purchase coverage for up to 29 months. d. (3) The spouse,domestic partner,or dependent child of an employee is entitled to up to 36 months of-coverage if any of the following occurs: al. Death of the covered employee. dii. Divorce or legal separation of the covered employee from the employee's spouse or termination of a domestic partner relationship. eiii. A covered employee becomes entitled to Medicare benefits. div. A covered dependent is no longer a dependent. (Ord.of 06-07-1976, eff.08-01-1976;Amend. of 09-16-1997,Art. IV§7.0,eff.09-01-1997;Amend.of 09-21-2004, eff.01-01-2005;Amend.of 06-24-2008, eff.07-01-2008;Amend.of 06-19-2012, eff.07-01-2012; Res. No. 2018- 046,eff.6-19-2018) Created: 2023-12-19 09:11:24 [EST] (Supp.No.14) Page 5 of 5 22 Sec. 28-92. Disciplinary action. (a) General. County employees are expected to meet performance standards and conduct themselves appropriately.This Ordinance is intended to provide tools for addressing employee conduct and performance issues in a reasonable,consistent,and effective manner. The procedures in this Ordinance provide for progressive discipline to address issues involving unsatisfactory job performance or unacceptable personal conduct,and for employees to be given notice of expectations and an opportunity to meet them.The imposition of any disciplinary action shall comply with the procedural requirements of this Section. An employee may be warned,demoted,suspended,or dismissed for just cause.The degree and type of action taken shall be based on the sound and considered judgment of the appropriate authority in accordance with the provisions of this Section. (b) Coverage.This Section applies to employees who have attained permanent status as outlined within this Ordinance. Exception:This section does not apply to employees of the Sheriff's Department, Register of Deeds'Office or others specifically exempted under Article I of the Personnel Ordinance. (c) Types of Disciplinary Action. (1) The only types of actions which may be taken for disciplinary purposes are the following: a. Oral Warning With Written Confirmation b. First Written Warning C. Final Written Warning d. Dismissal e. Disciplinary Suspension Without Pay f. Disciplinary Demotion (2) Appendix 1 describes the required process for each disciplinary action. (3) A disciplinary suspension without pay must be for at least one workday and may not be for more than three workdays. (d) Causes for Disciplinary Action. (1) Disciplinary action may be taken based on unsatisfactory work performance or unacceptable personal conduct. a. Unsatisfactory job performance means work-related performance that fails to satisfactorily meet job requirements as set out in the relevant job description,work plan,or as directed by the management of the work unit or agency. b. The work performance category is used in addressing performance-related inadequacies for which a reasonable person would expect to be notified and allowed the opportunity to improve. C. Unacceptable personal conduct may consist of intentional or unintentional acts.The conduct may be job-related (on duty)or off duty if there is a sufficient connection between the off-duty conduct and the employee's job. d. The personal conduct category is used in addressing those actions for which no reasonable person could or should expect to receive prior warnings. Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 1 of 6 23 (2) An employee must receive an Oral Warning,a First Written Warning,and a Final Written Warning prior to any dismissal for unsatisfactory work performance or unacceptable personal conduct. (3) It is not required that the Subsection 28-92(d)(2)warnings all relate to the same type of work performance deficiency. It is required only that each relate to work performance. (4) Warnings related to personal misconduct may be included in the progressive warnings for performance-related dismissal, provided that the employee receives at least the number of warnings required for dismissal on the basis of work performance. (5) An employee may be dismissed, demoted,or issued a disciplinary suspension without pay without prior warning for causes related to serious misconduct or work performance, including: L behaviors that endanger the safety of persons; ii. behaviors that result in the loss of or damage to County property or funds; iii.willful violation of known or written work rules causing serious adverse impact on the department or the County as a whole. (6) In instances of serious work performance deficiency or serious personal misconduct by employees (other than Health or Social Services employees),the department head may initiate the disciplinary action process with prior approval of the County Manager. (7) Appendix 1 provides "Guides for Work Performance and Personal Conduct." (8) Special Provision—Credentials. By law some County positions may be performed only by persons who are duly licensed, registered or certified as required by the relevant law. Failure to maintain the required credentials is procedurally a personal conduct violation and the basis for dismissal without prior warning.Any such dismissal is handled in accordance with the process specified in Appendix 1 of this Article. (e) Role of Human Resources (1) Provides consultation to department directors and supervisors in the administration of disciplinary action.This includes review and advice on any written notice to the employee confirming an Oral Warning or giving a Written Warning. (2) Advises directors,supervisors and employees of the availability of the Employee Assistance Program as a source of assistance for personal situations which may be causing a work performance or conduct problem. (3) Human Resources Director advises the County Manager, Health Director or Social Services Director as to any dismissal,disciplinary demotion or disciplinary suspension without pay. (4) Human Resources Director approves any memorandum, letter or other document used to notify an employee of any disciplinary action, other than an oral warning. (h) Investigative Suspension. (1) When Human Resources, directors or supervisors receive information which may be the basis for disciplinary action of an employee and when immediate action is needed to protect the safety of persons or property,to avoid undue disruption of work for other reasonable cause,the department head may place the employee in the status of investigative suspension,direct the employee to leave the County premises and to: a. Report at a designated time or place,or b. Remain away until further notice. Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 2 of 6 24 (2) The department director must notify the Human Resources Director prior to any investigative suspension under Subsection 28-92(h)(1)whenever possible. (3) The department head in consultation with Human Resources investigates the matter leading to the investigative suspension as soon as possible and reaches a decision as to any disciplinary action with reasonable dispatch. (4) The employee continues to receive pay and benefits while not at work due to an investigative suspension. (5) Investigative suspension is not used for the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal matter involving the employee. (i) Required disciplinary action process.' (1) Oral Warning With Written Confirmation. a. The supervisor may issue an Oral Warning without other approvals. b. The supervisor completes the following steps: 1. States clearly to the employee in a private meeting that the discussion is an "Oral Warning." 2. Reviews with the employee the specific acts or omissions causing the Oral Warning. 3. Allows the employee to give and considers the reasons for his or her actions or omissions. Note: If warranted,the supervisor may decide not to proceed with the Oral Warning based on the information the employee provides. 4. Informs the employee of the specific corrections he or she must make. 5. Informs the employee of the time allowed, if any,for the corrections to be made. 6. Advises the employee that subsequent disciplinary action, including dismissal, may be taken if needed corrections are not achieved within the time allowed or if other problems arise. 7. Advises the employee of his or her appeal rights under the Orange County Grievance Procedure. 8. Gives the employee written confirmation of the date of the discussion and matters covered. 9. Provides a copy of the written confirmation to the Personnel Department for inclusion in the employee's personnel file. (2) First Written Warning. a. A First Written Warning requires the advance approval of a department director in consultation with Human Resources. b. The supervisor completes the following steps: 'Note(s)—For employees in the departments of Health and Social Services,State requirements as to dismissal, disciplinary suspension without pay and disciplinary demotion are controlling and, if any variation exists,the State requirements override those of this Ordinance. Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 3 of 6 25 (1) Upon noting employee performance or conduct appearing to require a First Written Warning, meets privately with the employee to review the specific actions or omissions and to allow the employee to give the reasons for the actions or omissions. (2) If the First Written Warning is justified,specifies in the letter to the employee: (a) That it is a "First Written Warning." (b) The specific actions or omissions leading to the First Written Warning. (c) The corrections the employee must make. (d) The time allowed, if any,for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed or if other problems arise. (g) The employee's right to appeal under the Orange County Grievance Procedure. C. The department provides a copy of the First Written Warning to Human Resources for inclusion in the employee's personnel file. d. In carrying out Section 28-92(i)(3),the supervisor should be aware that,for unsatisfactory work performance, a First Written Warning may be issued only after an Oral Warning,except as provided in Article IX,Section 28-92(d)(S). (3) Final Written Warning. a. A Final Written Warning requires the advance approval of the department director, in consultation with Human Resources. b. The supervisor completes the following steps: (1) Upon noting employee performance or conduct appearing to require a Final Written Warning, meets privately with the employee to review the specific actions or omissions and to allow the employee to give reasons for the actions or omissions. (2) If the Final Written Warning is justified,specifies in the letter to the employee: (a) That it is a "Final Written Warning." (b) The specific actions or omissions leading to the Final Written Warning. (c) The corrections the employee must make. (d) The time allowed, if any,for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed. (g) The employee's right to appeal under the Orange County Grievance Procedure. C. The department provides a copy of the Final Written Warning to the Personnel Department for inclusion in the employee's personnel file. d. In carrying out Section 28-92(1)(3),the supervisor should be aware that,for unsatisfactory work performance, a Final Written Warning may be issued only after a First Written Warning, except as provided in Article IX,Section 28-92(e)(1). Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 4 of 6 26 (4) Dismissa1.2 Before a Permanent employee may be dismissed,the following must occur: a. The department director reviews the facts and circumstances, including the nature and extent of prior disciplinary actions, if any,and any action taken (or not taken)as to other employees in similar situations. b. If the department director determines dismissal may be warranted,they review the recommendation with the Human Resources Director.The Human Resources Director makes a recommendation to the County Manager for approval to proceed with a pre-disciplinary conference with the employee. In the case of an employee in the Department of Health or Social Services,the Health Director or Social Services Director determines whether to proceed with a pre-disciplinary conference. C. Prior to the pre-disciplinary conference,the department head gives the employee written notice of the pre-disciplinary conference.This notice includes the specific reasons for the proposed discipline and a brief summary of the information which management believes supports the proposed discipline. d. The department head and/or management representative(s) hold the pre-disciplinary conference with the employee. (1) An eligible employee may have a third-party present at this conference as provided in the Rules and Regulations adopted for this Section.The third party may be a friend,family member(but not a spouse or domestic partner)or another employee but not an attorney. The person is considered a support person and is allowed to participate in the conference, only in so far as the support person addresses his or her comments to the employee.The Human Resources Director or the Human Resources Director's designee may be present at management's or the employee's request. (2) The department head and/or management representative(s) review with the employee the facts giving rise to the disciplinary conference and the specific reasons for the consideration of disciplinary action, including dismissal and provides an opportunity for the employee to respond. e. Following the pre-disciplinary conference,the department head considers the information the employee has presented. f. If the department head determines that dismissal is warranted following the pre-disciplinary conference,they review the dismissal recommendation with the Human Resources Director.The Human Resources Director makes a recommendation to the County Manager regarding the dismissal or other proposed disciplinary action.The Manager then makes a decision based on the recommendation. For an employee in the department of Health or Social Services,the Health or Social Services Director makes the dismissal decision. g. The department head gives the employee written notice of dismissal which includes the specific reasons for the dismissal,a summary of the information which management believes warrants the action, and the employee's appeal rights under the Orange County Personnel Ordinance. (5) Disciplinary Suspension Without Pay.' 2Note(s)—See Article IX,Section 28-92(g)(4). 'Note(s)—See Article IX,Section 28-92(g)(4). Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 5 of 6 27 a. An employee may receive a disciplinary suspension without pay based on work performance or personal conduct. For work performance,a disciplinary suspension without pay may be given in conjunction with a Final Written Warning and only after an Oral Warning and a First Written Warning,except as provided in Article IX,Section 28-92(e)(1). b. Before a Permanent employee may be given a disciplinary suspension without pay,the same process as that specified in Subsection 28-92(i)(4) must occur. (6) Demotion.4 a. An employee may be demoted on the basis of work performance or personal conduct. For work performance, an employee may be demoted only after an Oral Warning and a First Written Warning,except as provided in Article IX,Section 28-92(e)(1). For serious misconduct, an employee may be demoted without any prior warning. b. Before a Permanent employee may be demoted for disciplinary reasons,the same process as that specified in Subsection 28-92(i)(4) must occur. C. The employee's salary is handled as provided under the Personnel Ordinance for a demotion. (Ord.of 06-07-1976,eff.08-01-1976;02-03-1992,Art. IX§4.0,eff.01-01-1992) 4Note(s)—See Article IX,Section 28-92(g)(4). Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 6 of 6 28 Sec. 28-92. Disciplinary action. (a) General. County employees are expected to meet performance standards and conduct themselves appropriately.This Ordinance is intended to provide tools for addressing employee conduct and performance issues in a reasonable,consistent,and effective manner. The procedures in this Ordinance provide for progressive discipline to address issues involving unsatisfactory job performance or unacceptable personal conduct,and for employees to be given notice of expectations and an opportunity to meet them.The imposition of any disciplinary action shall comply with the procedural requirements of this Section. It is the intent of^.--,n^^Geunt y On establishing this pelic•t„p ide a f-,;. An employee may be warned,demoted, ed u. nded,or dismissed for just cause.The degree and type of action taken shall be based on the sound and considered judgment of the appropriate authority in accordance with the provisions of this Section. (b) Coverage.This Section applies to PeFmanent employees who have Eempleted the preb ,tiena-,• pe-494attained permanent status as outlined within this Ordinance. Exception:This section does not apply to employees of the Sheriff's Department, Register of Deeds'Office or others specifically exempted under Article I of the Personnel Ordinance. (c) Types of Disciplinary Action. (1) The only types of actions which may be taken for disciplinary purposes are the following: a. Oral Warning With Written Confirmation b. First Written Warning C. Final Written Warning d. Dismissal e. Disciplinary Suspension Without Pay f. Disciplinary Demotion (2) Appendix 1 describes the required process for each disciplinary action. (3) A disciplinary suspension without pay must be for at least one workday and may not be for more than three workdays. (d) Causes for Disciplinary Action. (1) Disciplinary action may be taken based on unsatisfactory work performance or unacceptable personal conduct. a. Unsatisfactory job performance means work-related performance that fails to satisfactorily meet job requirements as set out in the relevant job description,work plan,or as directed by the management of the work unit or agency. b. The work performance category is used in addressing performance-related inadequacies for which a reasonable person would expect to be notified and allowed the opportunity to improve. Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 1 of 7 29 bc. Unacceptable personal conduct may consist of intentional or unintentional acts.The conduct may be job-related (on duty)or off duty if there is a sufficient connection between the off-duty conduct and the employee's job. d. The personal conduct category is used in addressing those actions for which no reasonable person could or should expect to receive prior warnings. (2) An employee must receive an Oral Warning, a First Written Warning, and a Final Written Warning prior to any dismissal for unsatisfactory work performance or unacceptable personal conduct. (3) It is not required that the Subsection 28-92(d)(2)warnings all relate to the same type of work performance deficiencV. It is required only that each relate to work performance. (4) Warnings related to personal misconduct may be included in the progressive warnings for performance-related dismissal, provided that the employee receives at least the number of warnings required for dismissal on the basis of work performance. (5) An employee may be dismissed, demoted, or issued a disciplinary suspension without pay without prior warning for causes related to serious misconduct or work performance, including: i. behaviors that endanger the safety of persons; ii. behaviors that result in the loss of or damage to County property or funds; iii. willful violation of known or written work rules causing serious adverse impact on the department or the County as a whole. (6) In instances of serious work performance deficiency or serious personal misconduct by employees (other than Health or Social Services employees),the department head may initiate the disciplinary action process with prior approval of the County Manager. (7) Appendix 1 provides"Guides for Work Performance and Personal Conduct." (8-3) Special Provision—Credentials. By law some County positions may be performed only by persons who are duly licensed, registered or certified as required by the relevant law. Failure to maintain the required credentials is procedurally a personal conduct violation and the basis for dismissal without prior warning.Any such dismissal is handled in accordance with the process specified in Appendix 1 of this Article. (e) . (1) AR empleyee must receive an Oral WarniRg,a Forst Written Warning and a Final Written WaFRiRg prier to aRy dismossal fee „rk performanee. ExceptiOR: In 6A-#a.AC-P--1; A-fserieus wE)Fl(performance deficiency which eRdaRger the safety ef peFseRS OF property nitiate the diseiplinaFy actien pFeeess with a DiseiplinaFy Suspension withebit pay, a PiRal WFitten Warning E) Ciro+\A/rirr.,r,WarRiRg with the ., aI r.f the Go- Rty nn-,r-,ge (2) it is net required that the SubseetiOR 28 92(e)(1)waFRings all relate to the same type ef werk perfermaRee- ..aFR!ngS required basis of werk peFfer nce Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 2 of 7 30 (g) Personnel De .+m^^t R-e Role of Human Resources (1) The Ppra-^^.,^i Depart.,,^.,+ ; available to ^ ide. lidaReeProvides consultation to department directors and supervisors and depaFtmeRt heads in the administration of disciplinary action.This includes review and advice on any written notice to the employee confirming an Oral Warning or giving a Written Warning. (2) As appr^^r"+^ Pers^^^^' w.-,,,^A_dvises the directors,supervisors and employees as teof the availability of the Employee Assistance Program as a source of assistance, ^^ a veluntary bass to the employee whA has a for personal situations which may be causing a work performance or conduct problem. (3) As requested the o„rs,,.,nell-luman Resources Director advises the County Manager, Health Director or Social Services Director as to any dismissal,disciplinary demotion or disciplinary suspension without pay. (4) Human Resources Director approves Aany memorandum, letter or other document used to notify tine an employee of any dismissal disciplinary dernetien diseiplin,r„suspension without pay er Director's designee. disciplinary action,other than an oral warning. (h) Investigative Suspension. (1) When a depaFtmeRt "^, 'Human Resources,directors or supervisors receives information w"" Ar s4ewhich may be the basis for disciplinary action of an employee and when immediate action is needed to protect the safety of persons or property,to avoid undue disruption of work for other reasonable cause,the department head may place the employee in the status of investigative suspension,direct the employee to leave the County premises and to: a. Report at a designated time or place, or b. Remain away until further notice. (2) As<^^^ aas f The department director must notify the Human Resources Director prior to after tbeany investigative suspension under Subsection 28-92(h)(1)-whenever possibleaetieR.;the (3) The department head in consultation with the Persen^^' Directo Human Resources cenducts ^^^ estigation ^finvestigates the matter leading to the investigative suspension as soon as possible and reaches a decision as to any disciplinary action with reasonable dispatch. (4) The employee continues to receive pay and benefits while not at work due to an investigative suspension. (5) Investigative suspension is not used for the purpose of delaying an administrative decision on an employee's work status pending the resolution of a civil or criminal matter involving the employee. (i) Required disciplinary action process.' (1) Oral Warning With Written Confirmation. a. The supervisor may issue an Oral Warning without other approvals. 'Note(s)—For employees in the departments of Health and Social Services,State requirements as to dismissal, disciplinary suspension without pay and disciplinary demotion are controlling and, if any variation exists,the State requirements override those of this Ordinance. Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 3 of 7 31 b. The supervisor completes the following steps: 1. States clearly to the employee in a private meeting that the discussion is an "Oral Warning." 2. Reviews with the employee the specific acts or omissions causing the Oral Warning. 3. Allows the employee to give and considers the reasons for his or her actions or omissions. Note: If warranted,the supervisor may decide not to proceed with the Oral Warning based on the information the employee provides. 4. Informs the employee of the specific corrections he or she must make. 5. Informs the employee of the time allowed, if any,for the corrections to be made. 6. Advises the employee that subsequent disciplinary action, including dismissal, may be taken if needed corrections are not achieved within the time allowed or if other problems arise. 7. Advises the employee of his or her appeal rights under the Orange County Grievance Procedure. 8. Gives the employee written confirmation of the date of the discussion and matters covered. 9. Provides a copy of the written confirmation to the Personnel Department for inclusion in the employee's personnel file. (2) First Written Warning. a. A First Written Warning requires the advance approval of a —department#eats,; Advanee director in consultation with Human Resources. b. The supervisor completes the following steps: (1) Upon noting employee performance or conduct appearing to require a First Written Warning, meets privately with the employee to review the specific actions or omissions and to allow the employee to give the reasons for the actions or omissions. (2) If the First Written Warning is justified,specifies in the letter to the employee: (a) That it is a "First Written Warning." (b) The specific actions or omissions leading to the First Written Warning. (c) The corrections the employee must make. (d) The time allowed, if any,for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed or if other problems arise. (g) The employee's right to appeal under the Orange County Grievance Procedure. C. The department provides a copy of the First Written Warning to the gepaFtme-FAI-luman Resources for inclusion in the employee's personnel file. d. In carrying out Section 28-92(i)(3),the supervisor should be aware that,for unsatisfactory work performance,a First Written Warning may be issued only after an Oral Warning,except as provided in Article IX,Section 28-92(ed)(-1.5). Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 4 of 7 32 (3) Final Written Warning. a. A Final Written Warning requires the Department Head's advance approval of the department director, in consultation with Human Resources. b. The supervisor completes the following steps: (1) Upon noting employee performance or conduct appearing to require a Final Written Warning, meets privately with the employee to review the specific actions or omissions and to allow the employee to give reasons for the actions or omissions. (2) If the Final Written Warning is justified,specifies in the letter to the employee: (a) That it is a "Final Written Warning." (b) The specific actions or omissions leading to the Final Written Warning. (c) The corrections the employee must make. (d) The time allowed, if any,for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed. (g) The employee's right to appeal under the Orange County Grievance Procedure. C. The department provides a copy of the Final Written Warning to the Personnel Department for inclusion in the employee's personnel file. d. In carrying out Section 28-92(1)(3),the supervisor should be aware that,for unsatisfactory work performance, a Final Written Warning may be issued only after a First Written Warning,except as provided in Article IX,Section 28-92(e)(1). (4) Dismissa1.2 Before a Permanent employee may be dismissed,the following must occur: a. The department Head director reviews the facts and circumstances, including the nature and extent of prior disciplinary actions, if any, and any action taken (or not taken)as to other employees in similar situations. b. If the department head director determines deei 'es to F^e^mmend dismissal may be warranted, they, he 9F she reviews the recommendation with the Human Resources Director.The Human Resources Director makes a recommendation to the County Manager and receives the County Ma;ager'sfor approval to proceed with a pre-dismissal disciplinary conference with the employee. In the case of an employee in the Department of Health or Social Services,the Health Director or Social Services Director determines whether to proceed with a pre-dal disciplinary conference. C. Prior to the pre-dismissa-'l-disciplinary conference,the department head gives the employee written notice of the pre-d;s, ssardisciplinary conference.This notice includes the specific reasons for the proposed dismissal discipline and a brief summary of the information which management believes supports the proposed d+smissafdisciprine. d. The department head and/or management representative(s) hold the pre-d;smissa; disciplinary conference with the employee. 2Note(s)—See Article IX,Section 28-92(g)(4). Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 5 of 7 33 (1) An eligible employee may have a third third-party present at this conference as provided in the Rules and Regulations adopted for this Section.The third party may be a friend,family member(but not a spouse or domestic partner)or another employee but not an attorney.The person is considered a support person and is allowed to participate in the conference,only in so far as the support person addresses his or her comments to the employee.The Human Resources Director or the Human Resources Director's designee may be present at management's or the employee's request. employee.Nete:This pFehibitieR may he vmaived- ihgmth the C--A-.nsP­At A-f the department head- -and-the (2) The department head and/or management representative(s) review Review with the employee the facts giving rise to the PFOpesed dism ,'disciplinary conference and the specific reasons for the I@Fapesed dismissal. consideration of disciplinary action, including dismissal and provides an -RFee _opportunity for the employee to respond. e. Following the pre-dismissaTdisciplinary conference,the department head considers the information the employee has presented. f. If the department head determines that dismissal is warranted following the p Feel;s r I pp e- disciplinary conference,he Ar srethey reviews the dismissal recommendation with the Human Resources Director.The Human Resources Director makes a recommendation to the County Manager regarding the dismissal or other proposed disciplinary action.The MaRageF dil­ i the employee, if he GORGUFS with the dismissal r RdatienThe Manager then makes a decision based on the recommendation. For an employee in the department of Health or Social Services,the Health or Social Services Director makes the dismissal decision. g. The department head gives the employee written notice of dismissal which includes: -T the specific reasons for the dismissal, a brief summary of the information which management believes warrants the action..-, and -Tthe employee's appeal rights under the Orange County Personnel Ordinance. (5) Disciplinary Suspension Without Pay.' a. An employee may receive a disciplinary suspension without pay based on work performance or personal conduct. For work performance,a disciplinary suspension without pay may be given in conjunction with a Final Written Warning and only after an Oral Warning and a First Written Warning,except as provided in Article IX,Section 28-92(e)(1). b. Before a Permanent employee may be given a disciplinary suspension without pay,the same process as that specified in Subsection 28-92(i)(4) must occur. (6) Demotion.4 a. An employee may be demoted on the basis of work performance or personal conduct. For work performance, an employee may be demoted only after an Oral Warning and a First Written 'Note(s)—See Article IX,Section 28-92(g)(4). 4Note(s)—See Article IX,Section 28-92(g)(4). Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 6 of 7 34 Warning,except as provided in Article IX,Section 28-92(e)(1). For serious misconduct, an employee may be demoted without any prior warning. b. Before a Permanent employee may be demoted for disciplinary reasons,the same process as that specified in Subsection 28-92(i)(4) must occur. C. The employee's salary is handled as provided under the Personnel Ordinance for a demotion. (Ord.of 06-07-1976,eff.08-01-1976;02-03-1992,Art. IX§4.0,eff.01-01-1992) APPEN OIX TO SECTION 29 92 A DOCNIIl1V 7 G ADDS POR WORK DCDCADMAN CE AAAI DEll-ONIAI GONDUC Created: 2023-12-19 09:11:25 [EST] (Supp.No.14) Page 7 of 7